Ala. Admin. Code r. 335-14-5-.10 - Tank Systems
(1)
Applicability. The requirements of
335-14-5-.10 apply to owners and
operators of facilities that use tank systems for storing or treating hazardous
waste except as otherwise provided in
335-14-5-.10(1)(a), (b), and
(c) or in Rule
335-14-5-.01.
(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
335-14-5-.10(4).
To demonstrate the absence or presence of free liquids in the stored/treated
waste, the following test must be used: Method 9095 (Paint Filter Liquids Test)
as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical
Methods," EPA Publication No. SW-846, as incorporated by reference in rule
335-14-1-.02(2).
(b) Tank systems, including sumps, as defined
in rule 335-14-1-.02, that serve as part
of a secondary containment system to collect or contain releases of hazardous
wastes are exempted from the requirements in
335-14-5-.10(4)(a).
(c) Tanks, sumps, and other such collection
devices or systems used in conjunction with drip pads, as defined in
335-14-1-.02 and regulated under
Rule 335-14-5-.23, must meet the
requirements of
335-14-5-.10.
(2)
Assessment of
existing tank system's integrity.
(a) For each existing tank system that does
not have secondary containment meeting the requirements of
335-14-5-.10(4),
the owner or operator must determine that the tank system is not leaking or is
fit for use. Except as provided in
335-14-5-.10(2)(c),
the owner or operator must obtain and keep on file at the facility a written
assessment reviewed and certified by a qualified professional engineer , in
accordance with
335-14-8-.02(2)(d),
that attests to the tank system's integrity by January 12, 1988.
(b) This assessment must determine that the
tank system is adequately designed and has sufficient structural strength and
compatibility with the waste(s) to be stored or treated, to ensure that it will
not collapse, rupture, or fail. At a minimum, this assessment must consider the
following:
1. Design standard(s), if
available, according to which the tank and ancillary equipment were
constructed;
2. Hazardous
characteristics of the waste(s) that have been and will be handled;
3. Existing corrosion protection
measures;
4. Documented age of the
tank system, if available (otherwise, an estimate of the age); and
5. Results of a leak test, internal
inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
assessment must include a leak test that is capable of taking into account the
effects of temperature variations, tank end deflection, vapor pockets, and high
water table effects, and
(ii) For
other than non-enterable underground tanks and for ancillary equipment, this
assessment must include either a leak test, as described above, or other
integrity examination that is certified by a qualified professional engineer in
accordance with
335-14-8-.02(2)(d)
that addresses cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.]
(c) Tank systems that store or treat
materials that become hazardous wastes subsequent to July 14, 1986, must
conduct this assessment within 12 months after the date that the waste becomes
a hazardous waste.
(d) If, as a
result of the assessment conducted in accordance with s335-14-5-.10(2)(a),
a tank system is found to be leaking or unfit for use, the owner or operator
must comply with the requirements of
335-14-5-.10(7).
(3)
Design and
installation of new tank systems or components.
(a) Owners or operators of new tank systems
or components must obtain and submit to the Department , at time of submittal of
Part B information, a written assessment, reviewed and certified by a qualified
professional engineer , in accordance with
335-14-8-.02(2)(d)
attesting that the tank system has sufficient structural integrity and is
acceptable for the storing and treating of hazardous waste. The assessment must
show that the foundation, structural support, seams, connections, and pressure
controls (if applicable) are adequately designed and that the tank system has
sufficient structural strength, compatibility with the waste(s) to be stored or
treated, and corrosion protection to ensure that it will not collapse, rupture,
or fail. This assessment, which will be used by the Department to review and
approve or disapprove the acceptability of the tank system design, must
include, at a minimum, the following information:
1. Design standard(s) according to which
tank(s) and/or the ancillary equipment are constructed;
2. Hazardous characteristics of the waste(s)
to be handled;
3. For new tank
systems or components in which the external shell of a metal tank or any
external metal component of the tank system will be in contact with the soil or
with water, a determination by a corrosion expert of:
(i) Factors affecting the potential for
corrosion, including but not limited to:
(I)
Soil moisture content;
(II) Soil
pH;
(III) Soil sulfides
level;
(IV) Soil
resistivity;
(V) Structure to soil
potential;
(VI) Influence of nearby
underground metal structures (e.g., piping);
(VII) Existence of stray electric
current;
(VIII) Existing
corrosion-protection measures (e.g., coating , cathodic protection),
and
(ii) The type and
degree of external corrosion protection that are needed to ensure the integrity
of the tank system during the use of the tank system or component, consisting
of one or more of the following:
(I)
Corrosion-resistant materials of construction such as special alloys,
fiberglass reinforced plastic, etc;
(II) Corrosion-resistant coating (such as
epoxy, fiberglass, etc.) with cathodic protection (e.g., impressed current or
sacrificial anodes); and
(III)
Electrical isolation devices such as insulating joints, flanges, etc.
[Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85)-Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems", and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", may be used, where applicable, as guidelines in providing corrosion protection for tank systems.]
4. For underground tank system components
that are likely to be adversely affected by vehicular traffic, a determination
of design or operational measures that will protect the tank system against
potential damage; and
5. Design
considerations to ensure that:
(i) Tank
foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent
flotation or dislodgment where the tank system is placed in a saturated zone;
and
(iii) Tank systems will
withstand the effects of frost heave.
(b) The owner or operator of a new tank
system must ensure that proper handling procedures are adhered to in order to
prevent damage to the system during installation. Prior to covering, enclosing,
or placing a new tank system or component in use, an independent, qualified
installation inspector or a qualified professional engineer , either of whom is
trained and experienced in the proper installation of tank systems or
components, must inspect the system for the presence of any of the following
items:
1. Weld breaks;
2. Punctures;
3. Scrapes of protective coatings;
4. Cracks;
5. Corrosion;
6. Other structural damage or inadequate
construction / installation. All discrepancies must be remedied before the tank
system is covered, enclosed, or placed in use.
(c) New tank systems or components that are
placed underground and that are backfilled must be provided with a backfill
material that is a noncorrosive, porous, homogeneous substance and that is
installed so that the backfill is placed completely around the tank and
compacted to ensure that the tank and piping are fully and uniformly
supported.
(d) All new tanks and
ancillary equipment must be tested for tightness prior to being covered,
enclosed, or placed in use. If a tank system is found not to be tight, all
repairs necessary to remedy the leak(s) in the system must be performed prior
to the tank system being covered, enclosed, or placed into use.
(e) Ancillary equipment must be supported and
protected against physical damage and excessive stress due to settlement,
vibration, expansion, or contraction.
[Note: The piping system installation procedures described in American Petroleum Institute (API) Publication 1615 (November 1979), "Installation of Underground Petroleum Storage Systems", or ANSI Standard B31.3, "Petroleum Refinery Piping", and ANSI Standard B31.4 "Liquid Petroleum Transportation Piping System," may be used, where applicable, as guidelines for proper installation of piping systems.]
(f) The owner or operator must provide the
type and degree of corrosion protection recommended by an independent corrosion
expert, based on the information provided under
335-14-5-.10(3)(a)3.
or other corrosion protection if the Department believes other corrosion
protection is necessary to ensure the integrity of the tank system during use
of the tank system. The installation of a corrosion protection system that is
field fabricated must be supervised by an independent corrosion expert to
ensure proper installation.
(g) The
owner or operator must obtain and keep on file at the facility written
statements by those persons required to certify the design of the tank system
and supervise the installation of the tank system in accordance with the
requirements of
335-14-5-.10(3)(b) through
(f) that attest that the tank system was
properly designed and installed and that repairs, pursuant to
335-14-5-.10(3)(b) and
(d) were performed. These written statements
must also include the certification statement as required in
335-14-8-.02(2)(d).
(4)
Containment and
detection of releases.
(a) In
order to prevent the release of hazardous waste or hazardous constituents to
the environment, secondary containment that meets the requirements of
335-14-5-.10(4)
must be provided (except as provided in
335-14-5-.10(4)(f) and
(g)) :
1.
For all new and exciting tank systems or components, prior to their being put
into service;
2. For tank systems
that store or treat materials that become hazardous wastes, within two years of
the hazardous waste listing, or when the tank system has reached 15 years of
age, whichever comes later.
(b) Secondary containment systems must be:
1. Designed, installed, and operated to
prevent any migration of wastes or accumulated liquid out of the system to the
soil, groundwater, or surface water at any time during the use of the tank
system; and
2. Capable of detecting
and collecting releases and accumulated liquids until the collected material is
removed.
(c) To meet the
requirements of
335-14-5-.10(4)(b),
secondary containment systems must be at a minimum:
1. Constructed of or lined with materials
that are compatible with the waste(s) to be placed in the tank system and must
have sufficient strength and thickness to prevent failure owing to pressure
gradients (including static head and external hydrological forces), physical
contact with the waste to which it is exposed, climatic conditions, and the
stress of daily operation (including stresses from nearby vehicular
traffic).
2. Placed on a foundation
or base capable of providing support to the secondary containment system,
resistance to pressure gradients above and below the system, and capable of
preventing failure due to settlement, compression, or uplift;
3. Provided with a leak-detection system that
is designed and operated so that it will detect the failure of either the
primary or secondary containment structure or the presence of any release of
hazardous waste or accumulated liquid in the secondary containment system
within 24 hours, or at the earliest practicable time if the owner or operator
can demonstrate to the Department that existing detection technologies or site
conditions will not allow detection of a release within 24 hours; and
4. Sloped or otherwise designed or operated
to drain and remove liquids resulting from leaks, spills, or precipitation.
Spilled or leaked waste and accumulated precipitation must be removed from the
secondary containment system within 24 hours, or in as timely a manner as is
possible to prevent harm to human health and the environment, if the owner or
operator can demonstrate to the Department that removal of the released waste
or accumulated precipitation cannot be accomplished within 24 hours.
[Note: If the collected material is a hazardous waste under
335-14-2, it is subject to management as a hazardous waste in accordance with
all applicable requirements of Chapters 335-14-3 through 335-14-6. If the
collected material is discharged through a point
(d) Secondary
containment for tanks must include one or more of the following devices:
1. A liner (external to the tank);
2. A vault;
3. A double-walled tank; or
4. An equivalent device as approved by the
Department .
(e) In
addition to the requirements of
335-14-5-.10(4)(b), (c), and
(d), secondary containment systems must
satisfy the following requirements:
1.
External liner systems must be:
(i) Designed
or operated to contain 100 percent of the capacity of the largest tank within
its boundary;
(ii) Designed or
operated to prevent run-on or infiltration of precipitation into the secondary
containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient
to contain precipitation from a 25-year, 24-hour rainfall event.
(iii) Free of cracks or gaps, and
(iv) Designed and installed to surround the
tank completely and to cover all surrounding earth likely to come into contact
with the waste if the waste is released from the tank(s) (i.e., capable of
preventing lateral as well as vertical migration of the waste).
(v) Provided with an impermeable interior
coating or lining if a concrete liner is used. The interior coating or lining
must be compatible with the stored waste and prevent migration of the waste
into the concrete.
2.
Vault systems must be:
(i) Designed or
operated to contain 100 percent of the capacity of the largest tank within its
boundary;
(ii) Designed or operated
to prevent run-on or infiltration of precipitation into the secondary
containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient
to contain precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant
water stops in place at all joints (if any);
(iv) Provided with an impermeable interior
coating or lining that is compatible with the stored waste and that will
prevent migration of waste into the concrete;
(v) Provided with a means to protect against
the formation of and ignition of vapors within the vault, if the waste being
stored or treated:
(I) Meets the definition of
ignitable waste under
335-14-2-.03(2);
or
(II) Meets the definition of
reactive waste under
335-14-2-.03(4)
and may form an ignitable or explosive vapor; and
(vi) Provided with an exterior moisture
barrier or be otherwise designed or operated to prevent migration of moisture
into the vault if the vault is subject to hydraulic pressure.
3. Double-walled tanks must be:
(i) Designed as an integral structure (i.e.,
an inner tank completely enveloped within an outer shell) so that any release
from the inner tank is contained by the outer shell.
(ii) Protected, if constructed of metal, from
both corrosion of the primary tank interior and of the external surface of the
outer shell; and
(iii) Provided
with a built-in continuous leak detection system capable of detecting a release
within 24 hours, or at the earliest practicable time, if the owner or operator
can demonstrate to the Department , and the Department concludes, that the
existing detection technology or site conditions would not allow detection of a
release within 24 hours.
[Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as guidelines for aspects of the design of underground steel doublewalled tanks.]
(f) Ancillary equipment must be provided with
secondary containment (e.g., trench, jacketing, doublewalled piping) that meets
the requirements of
335-14-5-.10(4)(b) and
(c) except for:
1. Aboveground piping (exclusive of flanges,
joints, valves, and other connections) that are visually inspected for leaks on
a daily basis;
2. Welded flanges,
welded joints, and welded connections that are visually inspected for leaks on
a daily basis;
3. Sealless or
magnetic coupling pumps and sealless valves, that are visually inspected for
leaks on a daily basis; and
4.
Pressurized aboveground piping systems with automatic shut off devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices) that are visually inspected for leaks on a daily
basis.
(g) The owner or
operator may obtain a variance from the requirements of
335-14-5-.10(4)
if the Department finds, as a result of a demonstration by the owner or
operator that alternative design and operating practices, together with
location characteristics, will prevent the migration of any hazardous waste or
hazardous constituents into the groundwater; 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 groundwater or surface
water, no substantial present or potential hazard will be posed to human health
or the environment. New underground tank systems may not, per a demonstration
in accordance with
335-14-5-.10(4)(g)2.,
be exempted from the secondary containment requirements of
335-14-5-.10(4).
1. In deciding whether to grant a variance
based on a demonstration of equivalent protection of groundwater and surface
water, the Department will consider:
(i) The
nature and quantity of the wastes;
(ii) The proposed alternate design and
operation;
(iii) The hydrogeologic
setting of the facility, including the thickness of soils present between the
tank system and groundwater; and
(iv) All other factors that would influence
the quality and mobility of the hazardous constituents and the potential for
them to migrate to groundwater or surface water.
2. In deciding whether to grant a variance
based on a demonstration of no substantial present or potential hazard, the
Department will consider:
(i) The potential
adverse effects on groundwater, surface water, and land quality taking into
account:
(I) The physical and chemical
characteristics of the waste in the tank system, including its potential for
migration,
(II) The hydrogeological
characteristics of the facility and surrounding land,
(III) The potential for health risks caused
by human exposure to waste constituents,
(IV) The potential for damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents, and
(V) The
persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects
of a release on groundwater quality, taking into account:
(I) The quantity and quality of groundwater
and the direction of groundwater flow,
(II) The proximity and withdrawal rates of
groundwater users,
(III) The
current and future uses of groundwater in the area, and
(IV) The existing quality of groundwater,
including other sources of contamination and their cumulative impact on the
groundwater quality;
(iii) The potential adverse effects of a
release on surface water quality, taking into account:
(I) The quantity and quality of groundwater
and the direction of groundwater flow,
(II) The patterns of rainfall in the
region,
(III) The proximity of the
tank system to surface waters,
(IV)
The current and future uses of surface waters in the area and any water quality
standards established for those surface waters, and
(V) The existing quality of surface water,
including other sources of contamination and the cumulative impact on
surface-water quality, and
(iv) The potential adverse effects of a
release on the land surrounding the tank system, taking into account:
(I) The patterns of rainfall in the region,
and
(II) The current and future
uses of the surrounding land.
3. The owner or operator of a tank system for
which a variance from secondary containment had been granted in accordance with
the requirements of
335-14-5-.10(4)(g)1.,
at which a release of hazardous waste has occurred from the primary tank system
but has not migrated beyond the zone of engineering control (as established in
the variance ), must:
(ii) Decontaminate or remove
contaminated soil to the extent necessary to:
(I) Enable the tank system for which the
variance was granted to resume operation with the capability for the detection
of releases at least equivalent to the capability it had prior to the release;
and
(II) Prevent the migration of
hazardous waste or hazardous constituents to groundwater or surface water;
and
(iii) If
contaminated soil cannot be removed or decontaminated in accordance with
335-14-5-.10(4)(g)3.(ii),
comply with the requirements of
335-14-5-.10(8)(b).
4. The owner or operator of a tank
system, for which a variance from secondary containment had been granted in
accordance with the requirements of
335-14-5-.10(4)(g)1.,
at which a release of hazardous waste has occurred from the primary tank system
and has migrated beyond the zone of engineering control (as established in the
variance ), must:
(i) Comply with the
requirements of
335-14-5-.10(7) (a), (b), (c), and
(d);
(ii) Prevent the migration of hazardous waste
or hazardous constituents to groundwater or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil cannot be
decontaminated or removed or if groundwater has been contaminated, the owner or
operator must comply with the requirements of
335-14-5-.10(8)(b);
and
(iii) If repairing, replacing,
or reinstalling the tank system, provide secondary containment in accordance
with the requirements of
335-14-5-.10(4) (a) through
(f) or reapply for a variance from secondary
containment and meet the requirements for new tank systems in
335-14-5-.10(3)
if the tank system is replaced. The owner or operator must comply with these
requirements even if contaminated soil can be decontaminated or removed and
groundwater or surface water has not been contaminated.
(h) The following procedures must
be followed in order to request a variance from secondary containment:
1. The Department must be notified in writing
by the owner or operator that he intends to conduct and submit a demonstration
for a variance from secondary containment as allowed in
335-14-5-.10(4)(g)
according to the following schedule:
(i) For
existing tank systems, at least 24 months prior to the date that secondary
containment must be provided in accordance with
335-14-5-.10(4)(a).
(ii) For new tank systems, at least 30 days
prior to entering into a contract for installation.
2. As part of the notification, the owner or
operator must also submit to the Department a description of the steps
necessary to conduct the demonstration and a timetable for completing each of
the steps. The demonstration must address each of the factors listed in
335-14-5-.10(4)(g)1.
or 335-14-5-.10(4)(g)2.
3. The demonstration for a
variance must be completed within 180 days after notifying the Department of an
intent to conduct the demonstration; and
4. If a variance is granted under
335-14-5-.10(4)(h),
the Department will require the permittee to construct and operate the tank
system in the manner that was demonstrated to meet the requirements for the
variance .
(i) All tank
systems, until such time as secondary containment that meets the requirements
of 335-14-5-.10(4)
is provided, must comply with the following:
1. For non-enterable underground tanks, a
leak test that meets the requirements of
335-14-5-.10(2)(b)5.
or other tank integrity method, as approved or required by the Department , must
be conducted at least annually.
2.
For other than non-enterable underground tanks, the owner or operator must
either conduct a leak test as in
335-14-5-.10(4)(i)1.
or develop a schedule and procedure for an assessment of the overall condition
of the tank system by a qualified professional engineer . The schedule and
procedure must be adequate to detect obvious cracks, leaks, and corrosion or
erosion that may lead to cracks and leaks. The owner or operator must remove
the stored waste from the tank, if necessary, to allow the condition of all
internal tank surfaces to be assessed. The frequency of these assessments must
be based on the material of construction of the tank and its ancillary
equipment, the age of the system, the type of corrosion or erosion protection
used, the rate of corrosion or erosion observed during the previous inspection,
and the characteristics of the waste being stored or treated.
3. For ancillary equipment, a leak test or
other integrity assessment as approved by the Department must be conducted at
least annually.
[Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks", 4th Edition, 1981, may be used, where applicable, as guidelines for assessing the overall condition of the tank system.]
4. The owner or operator must maintain on
file at the facility a record of the results of the assessments conducted in
accordance with
335-14-5-.10(4)(i)
l. through (i)3.
5. If a tank
system or component is found to be leaking or unfit for use as a result of the
leak test or assessment in
335-14-5-.10(4)(i)1. through
(i)3., the owner or operator must comply with
the requirements of
335-14-5-.10(7).
(5)
General
operating requirements.
(a)
Hazardous wastes or treatment reagents must not be placed in a tank system if
they could cause the tanks, its ancillary equipment, or the containment system
to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator must use
appropriate controls and practices to prevent spills and overflows from tank or
containment systems. These include at a minimum:
1. Spill prevention controls (e.g., check
valves, dry disconnect couplings);
2. Overfill prevention controls (e.g., level
sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank); and
3. Maintenance
of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
wind action or by precipitation.
(c) The owner or operator must comply with
the requirements of
335-14-5-.10(7)
if a leak or spill occurs in the tank system.
(6)
Inspections.
(a) The owner or operator must develop and
follow a schedule and procedure for inspecting overfill controls.
(b) The owner or operator must inspect at
least once each operating day data gathered from monitoring and leak detection
equipment (e.g., pressure or temperature gauges, monitoring wells) to ensure
that the tank system is being operated according to its design.
[Note:
335-14-5-.02(6)(c)
requires the
(c) In addition, except as noted under
335-14-5-.10(6)(d),
the owner or operator must inspect at least once each operating day :
1. Above ground portions of the tank system,
if any, to detect corrosion or releases of waste; and
2. The construction materials and the area
immediately surrounding the externally accessible portion of the tank system,
including the secondary containment system (e.g., dikes) to detect erosion or
signs of releases of hazardous waste (e.g., wet spots, dead
vegetation).
(d) Owners
or operators of tank systems that either use leak detection systems to alert
facility personnel to leaks, or implement established workplace practices to
ensure leaks are promptly identified, must inspect at least weekly those areas
described in
335-14-5-.10(6)(c)1.
and 2. Use of the alternate inspection schedule must be documented in the
facility's operating record. This documentation must include a description of
the established workplace practices at the facility.
(e) Reserved.
(f) The owner or operator must inspect
cathodic protection systems, if present, according to, at a minimum, the
following schedule to ensure that they are functioning properly:
1. The proper operation of the cathodic
protection system must be confirmed within six months after initial
installation and annually thereafter, and
2. All sources of impressed current must be
inspected and/or tested, as appropriate, at least bimonthly (i.e., every other
month).
[Note: The practices described in the National Association of Corrosion Engineers (NACE) standard, "Recommended Practice (RP-02-85)-Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems", and the American Petroleum Institute (API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", may be used, where applicable, as guidelines in maintaining and inspecting cathodic protection systems.]
(g) The owner or operator must
document in the operating record of the facility an inspection of those items
in 335-14-5-.10(6)(a) through
(f).
(7)
Response to leaks or spills
and disposition of leaking or unfit-for-use tank systems. A tank
system or secondary containment system from which there has been a leak or
spill, or which is unfit for use, must be removed from service immediately, and
the owner or operator must satisfy the following requirements:
(a) Cessation of Use; prevent flow or
addition of wastes. The owner or operator must immediately stop the flow of
hazardous waste into the tank system or secondary containment system and
inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
secondary containment system.
1. If the
release was from the tank system, the owner / operator must, within 24 hours
after detection of the leak or, if the owner /operator demonstrates that it is
not possible, at the earliest practicable time, remove as much of the waste as
is necessary to prevent further release of hazardous waste to the environment
and to allow inspection and repair of the tank system to be
performed.
2. If the material
released was to a secondary containment system, all released materials must be
removed within 24 hours or in as timely a manner as is possible to prevent harm
to human health and the environment.
(c) Containment of visible releases to the
environment. The owner /operator must immediately conduct a visual inspection of
the release and, based upon that inspection:
1. Prevent further migration of the leak or
spill to soils or surface water; and
2. Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
1. Any release to the environment, except as
provided in
335-14-5-.10(7)(d)2.,
must be reported to the Department within 24 hours of its detection. Report of
a release pursuant to 40 CFR Part 302 does not satisfy this
requirement.
2. A leak or spill of
hazardous waste is exempted from the requirements of
335-14-5-.10(7)(d)
if it is:
(i) Less than or equal to a
quantity of one (1) pound, and
(ii)
Immediately contained and cleaned up.
3. Within 30 days of detection of a release
to the environment, a report containing the following information must be
submitted to the Department :
(i) Likely route
of migration of the release;
(ii)
Characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate);
(iii)
Results of any monitoring or sampling conducted in connection with the release
(if available). If sampling or monitoring data relating to the release are not
available within 30 days, these data must be submitted to the Department as
soon as they become available.
(iv)
Proximity to downgradient drinking water, surface water, and populated areas;
and
(v) Description of response
actions taken or planned.
(e) Provision of secondary containment,
repair, or closure.
1. Unless the
owner /operator satisfies the requirements of
335-14-5-.10(7)(e)2. through
(e)4., the tank system must be closed in
accordance with
335-14-5-.10(8).
2. If the cause of the release was a spill
that has not damaged the integrity of the system, the owner /operator may return
the system to service as soon as the released waste is removed and repairs, if
necessary, are made.
3. If the
cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired prior to returning the tank
system to service.
4. If the source
of the release was a leak to the environment from a component of a tank system
without secondary containment, the owner /operator must provide the component of
the system from which the leak occurred with secondary containment that
satisfies the requirements of
335-14-5-.10(4)
before it can be returned to service, unless the source of the leak is an
aboveground portion of a tank system that can be inspected visually. If the
source is an aboveground component that can be inspected visually, the
component must be repaired and may be returned to service without secondary
containment as long as the requirements of
335-14-5-.10(7)(f)
are satisfied. If a component is replaced to comply with the requirements of
335-14-5-.10(7)(e),
that component must satisfy the requirements for new tank systems or components
in 335-14-5-.10(3)
and 335-14-5-.10(4).
Additionally, if a leak has occurred in any portion of a tank system component
that is not readily accessible for visual inspection (e.g., the bottom of an
inground or on ground tank), the entire component must be provided with
secondary containment in accordance with
335-14-5-.10(4)
prior to being returned to use.
(f) Certification of major repairs. If the
owner /operator has repaired a tank system in accordance with
335-14-5-.10(7)(e),
and the repair has been extensive (e.g., installation of an internal liner;
repair of a ruptured primary containment or secondary containment vessel), the
tank system must not be returned to service unless the owner /operator has
obtained a certification by a qualified professional engineer in accordance
with 335-14-8-.02(2)(d)
that the repaired system is capable of handling hazardous wastes without
release for the intended life of the system. This certification must be placed
in the operating record and maintained until closure of the facility.
[Note:
[Note: See
335-14-5-.02(6)(c)
for the requirements necessary to remedy a failure. Also, 40 CFR Part 302 may
require the
(8)
Closure and post-closure care.
(a) At closure of a tank system, the owner or
operator must remove or decontaminate all waste residues, contaminated
containment system components (liners, etc.), contaminated soils, and
structures and equipment contaminated with waste, and manage them as hazardous
waste, unless
335-14-2-.01(3)(d)
applies. The closure plan, closure activities, cost estimates for closure, and
financial responsibility for tank systems must meet all of the requirements
specified in Rules
335-14-5-.07 and
335-14-5-.08.
(b) If the owner or operator demonstrates
that not all contaminated soils can be practicably removed or decontaminated as
required in
335-14-5-.10(8)(a),
then the owner or operator must close the tank system and perform post-closure
care in accordance with the closure and postclosure care requirements that
apply to landfills [335-14-5-.14(11)]
. In addition, for the purposes of closure, postclosure, and financial
responsibility, such a tank system is then considered to be a landfill, and the
owner or operator must meet all of the requirements for landfills specified in
Rules 335-14-5-.07 and
335-14-5-.08.
(c) If an owner or operator has a tank system
that does not have secondary containment that meets the requirements of
335-14-5-.10(4)(b) through
(f) and has not been granted a variance from
the secondary containment requirements in accordance with
335-14-5-.10(4)(g),
then:
1. The closure plan for the tank system
must include both a plan for complying with
335-14-5-.10(8)(a)
and a contingent plan for complying with
335-14-5-.10(8)(b).
2. A contingent post-closure plan for
complying with
335-14-5-.10(8)(b)
must be prepared and submitted as part of the permit application.
3. The cost estimates calculated for closure
and postclosure care must reflect the costs of complying with the contingent
closure plan and the contingent post-closure plan, if those costs are greater
than the costs of complying with the closure plan prepared for the expected
closure under
335-14-5-.10(8)(a).
4. Financial assurance must be based on the
cost estimates in
335-14-5-.10(8)(c)3.
5. For the purposes of the
contingent closure and postclosure plans, such a tank system is considered to
be a landfill, and the contingent plans must meet all of the closure,
post-closure, and financial responsibility requirements for landfills under
Rules 335-14-5-.07 and
335-14-5-.08.
(9)
Special
requirements for ignitable or reactive wastes.
(a) Ignitable or reactive waste must not be
placed in tank systems, unless:
1. The waste
is treated, rendered, or mixed before or immediately after placement in the
tank system so that:
(i) The resulting waste,
mixture, or dissolved material no longer meets the definition of ignitable or
reactive waste under
335-14-2-.03(2)
or 335-14-2-.03(4);
and
(ii)335-14-5-.02(8)(b)
is complied with; or
2.
The waste is stored or treated in such a way that it is protected from any
material or conditions that may cause the waste to ignite or react;
or
3. The tank system is used
solely for emergencies.
(b) The owner or operator of a facility where
ignitable or reactive waste is stored or treated in a tank must comply with the
requirements for the maintenance of protective distances between the waste
management area and any public ways, streets, alleys, or an adjoining property
line that can be built upon as required in Tables 2-1 through 2-6 of the
National Fire Protection Association's "Flammable and Combustible Liquids
Code", (1977 or 1981), (incorporated by reference in rule
335-14-1-.02(2).
(10)
Special
requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible
wastes and materials, must not be placed in the same tank system, unless
335-14-5-.02(8)(b),
is complied with.
(b) Hazardous
waste must not be placed in a tank system that has not been decontaminated and
that previously held an incompatible waste or material, unless
335-14-5-.02(8)(b)
is complied with.
(11)
Air Emission Standards. The owner or operator shall
manage all hazardous waste placed in a tank in accordance with the applicable
requirements of
335-14-5-.27,
335-14-5-.28,
335-14-5-.29.
Notes
Author: Stephen C. Maurer; C. Edwin Johnston; Ronald T. Shell; Theresa A. Maines; Vernon H. Crockett; Sonja B Favors; Brent A. Watson; Jonah L. Harris.
Statutory Authority: Code of Ala. 1975, ยงยง 22-30-11, 22-30-16.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.