(a)
In order to prevent the release of hazardous waste or hazardous constituents to
the environment, secondary containment that meets the requirements of this
section shall be provided (except as provided in subsections (f) and (g) of
this section):
(1) for all new tank systems
or components, prior to the tank system or component being put into
service.
(2) for all existing tank
systems.
(3) for tank systems that
transfer, store or treat materials that subsequently become hazardous wastes
within two years after the materials become hazardous waste unless the owner or
operator complies with section 262.16(b)(3) and is one of the following:
(A) the owner or operator is a very small
quantity generator or a small quantity generator as defined in 66260.10 of this
division, or
(B) the owner or
operator is not subject to regulation in 40 CFR part
264 pursuant to an
exemption in 40 CFR section
264.1, but the owner or operator is subject
to the standards of this article.
(b) Secondary containment systems shall 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 subsection (b) of this section, secondary
containment systems shall be at a minimum:
(1)
constructed of or lined with materials that are compatible with the wastes(s)
to be placed in the tank system and shall 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) provided with a foundation or base
underlying the tanks 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. This base shall
be free of cracks or gaps and sufficiently impervious to contain leaks, spills
and accumulated precipitation until the collected material is detected and
removed;
(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 shall be removed from the secondary containment system within as
timely a manner as is necessary to prevent overflow of the containment system,
but within no more than 24 hours, or in as timely a manner as 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 and that overflow of the
containment system will not occur.
(A) If the
collected material is a hazardous waste under chapter 11 of this division, it
shall be managed as a hazardous waste in accordance with all applicable
requirements of chapters 12 through 15 of this division.
(B) If the collected material is discharged
through a point source to waters of the United States, the owner or operator
shall comply with the requirements of sections 301, 304, and 402 of the Federal
Clean Water Act, as amended (33 U.S.C. sections
1311,
1314 and
1342, respectively).
(C) If the collected material is discharged
to a Publicly Owned Treatment Works (POTW), the owner or operator shall comply
with the requirements of section 307 of the Federal Clean Water Act, as amended
(33 U.S.C. section
1317).
(D) If the collected material is released to
the environment, the owner or operator shall comply with the applicable
reporting requirements of Title 40 CFR Part
302.
(d) Secondary containment for
tanks shall 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 subsections (b), (c) and (d) of this section,
secondary containment systems shall satisfy the following requirements.
(1) External liner systems shall be:
(A) designed or operated to contain
precipitation from a 24-hour, 25-year storm event plus the greater of 10
percent of the aggregate volume of all tanks or 100 percent of the capacity of
the largest tank within its boundary, whichever is greater;
(B) designed or operated to prevent run-on
and infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity, in addition to that
required in subsection (e)(1)(A) of this section, to contain run-on and
infiltration from a 25-year, 24-hour rainfall event;
(C) free of cracks or gaps; and
(D) 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).
(2) Vault systems shall be:
(A) designed or operated to contain
precipitation from a 24-hour, 25-year storm event plus the greater of 10
percent of the aggregate volume of all tanks or 100 percent of the capacity of
the largest tank within its boundary, whichever is greater;
(B) designed or operated to prevent run-on
and infiltration of precipitation into the secondary containment system unless
the collection system has sufficient excess capacity, in addition to that
required in subsection (e)(2)(A) of this section, to contain run-on and
infiltration from a 25-year, 24-hour rainfall event;
(C) constructed with chemical-resistant water
stops in place at all joints (if any);
(D) provided with an impermeable interior
coating or lining that is compatible with the waste being transferred, stored
or treated and that will prevent migration of waste into the
concrete;
(E) provided with a means
to protect against the formation of and ignition of vapors within the vault, if
the waste being transferred, stored or treated:
1. meets the definition of ignitable waste
under section
66261.21 of this division;
or
2. meets the definition of
reactive waste under section
66261.23 of this division, and may
form an ignitable or explosive vapor; and
(F) 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 shall be:
(A) 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;
(B) protected, if constructed of metal, from
both corrosion of the primary tank interior and of the external surface of the
outer shell; and
(C) 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.
(f) Ancillary equipment shall be provided
with secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of subsections (b) and (c) of this section 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 this section for
existing above-ground tanks in place, 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.
(1) In deciding whether to grant a variance
based on a demonstration of equivalent protection of groundwater and surface
water, the Department will consider:
(A) the
nature and quantity of the wastes;
(B) the proposed alternate design and
operation;
(C) the hydrogeologic
setting of the facility, including the thickness of soils present between the
tank system and groundwater, and
(D) all other factors that would influence
the quality and mobility of the hazardous constituents and the potential for
the constituents 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:
(A) the
potential adverse effects on groundwater, surface water and land quality taking
into account:
1. the physical and chemical
characteristics of the waste in the tank system, including its potential for
migration;
2. the hydrogeological
characteristics of the facility and surrounding land;
3. the potential for health risks caused by
human exposure to waste constituents;
4. the potential for damage to wildlife,
crops, vegetation and physical structures caused by exposure to waste
constituents; and
5. the
persistence and permanence of the potential adverse effects;
(B) the potential adverse effects
of a release on groundwater quality, taking into account:
1. the quantity and quality of groundwater
and the direction of groundwater flow;
2. the proximity and withdrawal rates of
groundwater users;
3. the current
and future uses of groundwater in the area; and
4. the existing quality of groundwater,
including other sources of contamination and their cumulative impact on the
groundwater quality;
(C)
the potential adverse effects of a release on surface water quality, taking
into account:
1. the quantity and quality of
groundwater and the direction of groundwater flow;
2. the patterns of rainfall in the
region;
3. the proximity of the
tank system to surface waters;
4.
the current and future uses of surface waters in the area and any water quality
standards established for those surface waters; and
5. the existing quality of surface water,
including other sources of contamination and the cumulative impact on surface
water quality; and
(D)
the potential adverse effects of a release on the land surrounding the tank
system, taking into account:
1. the patterns
of rainfall in the region; and
2.
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 has been granted
in accordance with the requirements of subsection (g)(1) of this section, 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), shall:
(A) comply with the
requirements of section
66264.196, except subsection
(b)(5); and
(B) decontaminate or
remove contaminated soil to the extent necessary to:
1. 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
2. prevent the migration of
hazardous waste or hazardous constituents to groundwater or surface water;
and
(C) if contaminated
soil cannot be removed or decontaminated in accordance with subsection
(g)(3)(B) of this section, comply with the requirements of section
66264.197(b).
(4) The owner or operator of a
tank system, for which a variance from secondary containment has been granted
in accordance with the requirements of subsection (g)(1) of this section, 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), shall:
(A) comply with the
requirements of section
66264.196(b);
and
(B) 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 shall comply with the requirements of section
66264.197(b);
and
(C) if repairing, replacing or
reinstalling the tank system, provide secondary containment in accordance with
the requirements of subsections (a) through (f) of this section or reapply for
a variance from secondary containment and meet the requirements for new tank
systems in section
66264.192 if the tank system is
replaced. The owner or operator shall 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 shall be
followed in order to request a variance from secondary containment.
(1) The Department shall be notified in
writing by the owner or operator that the facility intends to conduct and
submit a demonstration for a variance from secondary containment as allowed in
subsection (g) of this section at least 24 months prior to the date that
secondary containment is required to be provided in accordance with subsection
(a) of this section; or, if a variance is sought from the requirements of
section
66264.193(i)(1),
the demonstration shall be submitted to the Department with Part B of the
permit application.
(2) As part of
the notification, the owner or operator shall 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 shall address each of the
factors listed in subsection (g)(1) or subsection (g)(2) of this
section.
(3) The demonstration for
a variance shall be completed within 180 days after notifying the Department of
an intent to conduct the demonstration.
(4) If a variance is granted under this
subsection, 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 this section is provided, shall comply with the following:
(1) subsections (c)(2), (c)(4), (e)(1)(A) or
(e)(2)(A) (except for tanks that do not contain free liquids), and (e)(1)(B) or
(e)(2)(B);
(2) for nonenterable
underground tanks, a leak test that meets the requirements of section
66264.191(c)(5)
or other tank integrity method, as approved or required by the Department,
shall be conducted at least annually;
(3) for other than nonenterable underground
tanks, the owner or operator shall either conduct a leak test as in subsection
(i)(2) of this section or develop a schedule and procedure for an assessment of
the overall condition of the tank system by an independent, qualified
professional engineer, registered in California, in accordance with section
66270.11(d). The
schedule and procedure shall be adequate to detect obvious cracks, leaks, and
corrosion or erosion that may lead to cracks and leaks. The owner or operator
shall 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 shall 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;
(4) for ancillary
equipment, a leak test or other integrity assessment as approved by the
Department shall be conducted at least annually;
(5) the owner or operator shall maintain on
file at the facility a record of the results of the assessments conducted in
accordance with subsections (i)(2) through (i)(4) of this section;
(6) 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
subsections (i)(2) through (i)(4) of this section, the owner or operator shall
comply with the requirements of section
66264.196.
(j)
(1)
Notwithstanding subsection (a) through (c) of this section, secondary
containment that meets the requirements of subsections (
l) and
(m) shall be provided for tank systems used to manage hazardous wastes
generated onsite, and which meet the criteria specified in subsection (j)(2) of
this section:
(A) prior to the tank system or
component being placed in service for new tank systems or components;
or
(B) by January 24, 1998 for
existing tank systems.
(2) The provisions of subsection (j)(1) of
this section apply only to:
(A) onground or
aboveground tank systems containing only non-RCRA hazardous wastes generated
onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45
of this division, Conditional Authorization pursuant to HSC 25200.3, and
Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems
containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a very small
quantity generator as defined in section
66260.10 of this division, or a
small quantity generator as defined in section
66260.10 of this division,
or
2. the owner or operator is not
subject to regulation in 40 CFR part
264 pursuant to an exemption in
40 CFR section
264.1, but the owner or operator is subject
to the standards of this article.
(k) A generator or owner or operator
authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division,
Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption
pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an
underground tank system otherwise exempt from permitting requirements pursuant
to the federal act, shall comply with the applicable standards of
Title 23 of
the California Code of Regulations relating to underground tank
systems.
(l) Secondary containment
for onground or aboveground generator and onsite tier (Permit-by-Rule,
Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or
tank systems otherwise exempt from permitting requirements pursuant to the
federal act, shall consist of any of the devices listed in subsection (d) and
satisfy the requirements of (e) of this section or any device or combination of
devices as approved by the CUPA, or the Department if there is no CUPA or the
CUPA requests that the Department makes a determination, which would satisfy
the following minimum requirements:
(1)
designed, installed, and operated to prevent any migration of wastes or
accumulated liquid out of the system to the soil, ground water, surface water,
or air 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.
(m) Ancillary
equipment shall be provided with secondary containment as specified in
subsection (f) of this section or an alternative device or devices as approved
in writing by the CUPA, or the Department if there is no CUPA or if the CUPA
requests that the Department make a determination, which would prevent and/or
detect any release of wastes out of the tank system before such wastes could
migrate to the soil, ground water, or surface water at any time during the use
of the tank system. The following are examples of tank system and ancillary
equipment secondary containment alternatives or options that may be proposed
for review and approval by the CUPA:
(1)
traditional containment of entire system within a bermed containment area with
visual and/or electronic leak detection monitoring;
(2) troughs or pipe runs with impermeable
liners that incorporate the following:
(A)
visual monitoring during hours of operation or;
(B) continuous electronic leak detection
monitoring for releases; or
(C)
sumps located at low elevations with leak detection monitors.
(3) double-walled piping with
continuous interstitial monitoring or monitoring intervals located at low
elevation points along pipeline;
(4) Double-walled piping with translucent or
transparent sections located at low points or low endpoints so that visual
monitoring is possible.
(n) A generator or owner or operator
authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division,
Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption
pursuant to HSC 25201.5, operating an onground or aboveground, non-RCRA tank
system or a tank system otherwise exempt from permitting requirements pursuant
to the federal act, that has 18 months or less remaining in service prior to
planned closure of the tank system, may propose alternatives to retrofitting
the tank system with secondary containment. Local agency requirements must be
considered when proposing alternatives to secondary containment. The owner or
operator shall provide the following information in writing to the CUPA, or the
Department if there is no CUPA or the CUPA requests that the Department make a
determination, so that a determination can be made whether the proposed
alternative would be acceptable:
(1) name,
address, and EPA identification number of the facility;
(2) date of planned closure;
(3) description of tank system to be closed
and form of current authorization for the tank system;
(4) description of how the proposed
alternative would provide adequate environmental protection such that the
design, installation, and operation will be capable of detecting a release and
preventing any migration of wastes or accumulated liquid out of the system to
the soil, ground water, surface water, or air at any time during the remaining
life of the tank system.