(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, unless:
(A) 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
(B) the owner or operator is not
subject to regulation in 40 Code of Federal Regulations, part 265 pursuant to
an exemption in 40 Code of Federal Regulations section 265.1.
(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
66262.16(b)(3) of
this division and is one of the following:
(A)
the owner or operator is a very small quantity generator or a small quantity
generator, or
(B) the owner or
operator is not subject to regulation in 40 Code of Federal Regulations part
265 pursuant to an exemption in 40 Code of Federal Regulations section 265.1,
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, ground water, 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 waste(s) to be placed in the
tank system and shall have sufficient strength and thickness to prevent failure
due to pressure gradients (including static head and external hydrological
forces), physical contact with the waste to which they are exposed, climatic
conditions, the stress of installation, 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 and 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 and secondary containment structure or any release of hazardous waste
or accumulated liquid in the secondary containment system within 24 hours, or
at the earliest practicable time if the existing detection technology or site
conditions will not allow detection of a release within 24 hours;
(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 24 hours, or in as timely a manner as is
possible to prevent harm to human health or the environment, if removal of the
released
waste or accumulated precipitation cannot be accomplished within 24
hours.
(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 2
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 (33 U.S.C. sections
1311,
1314 and
1342, respectively), as
amended.
(C) If the collected
material is discharged to
Publicly Owned Treatment Works (POTWs), 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 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 100
percent of the capacity of the largest tank within its boundary;
(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. Such additional capacity shall be sufficient to contain run-on
and infiltration of precipitation from a 25-year, 24-hour rainfall
event;
(C) free of cracks or gaps;
and
(D) designed and installed to
completely surround the tank and to cover all surrounding earth likely to come
into contact with the waste if 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 100
percent of the capacity of the largest tank within its boundary;
(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. Such additional capacity shall be sufficient to contain run-on
and infiltration of precipitation 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
66262.21 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 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 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 concurs, that the existing leak detection
technology or site conditions will not allow detection of a release within 24
hours.
(f)
Ancillary equipment shall be provided with full 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 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, either that alternative design and
operating practices, together with location characteristics, will 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 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 ground water and surface
water, the
Department will consider:
(A) the
nature and quantity of the waste;
(B) the proposed alternate design and
operation;
(C) the hydrogeologic
setting of the facility, including the thickness of soils between the tank
system and ground water; 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
ground water 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 ground water, 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 ground-water quality, taking into account:
1. the quantity and quality of ground water
and the direction of ground-water flow,
2. the proximity and withdrawal rates of
water in the area,
3. the current
and future uses of ground water in the area, and
4. the existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground-water quality;
(C) the potential adverse effects of a
release on surface water quality, taking into account:
1. the quantity and quality of ground water
and the direction of ground-water 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
66265.196, except subsection (e);
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 and response to 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 ground water 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
66265.197(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
66265.196(a), (b), (c), (d) and
(e); and
(B) prevent the migration of
hazardous waste
or hazardous constituents to ground water or surface water, if possible, and
decontaminate or remove contaminated
soil. If contaminated
soil cannot be
decontaminated or removed, or if ground water has been contaminated, the
owner
or operator shall comply with the requirements of section
66265.197(b);
(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
66265.192 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 ground water 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.
(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 and submitted to the Department within 180 days
after notifying the Department of intent to conduct the
demonstration.
(4) The Department
will inform the public, through a newspaper notice, of the availability of the
demonstration for a variance. The notice shall be placed in a daily or weekly
major local newspaper of general circulation and shall provide at least 30 days
from the date of the notice for the public to review and comment on the
demonstration for a variance. The Department also will hold a public hearing,
in response to a request or at the Department's own discretion, whenever such a
hearing might clarify one or more issues concerning the demonstration for a
variance. Public notice of the hearing will be given at least 30 days prior to
the date of the hearing and may be given at the same time as notice of the
opportunity for the public to review and comment on the demonstration. These
two notices may be combined.
(5)
The Department will approve or disapprove the request for a variance within 90
days of receipt of the demonstration from the owner or operator and will notify
in writing the owner or operator and each person who submitted written comments
or requested notice of the variance decision. If the demonstration for a
variance is incomplete or does not include sufficient information, the 90-day
time period will begin when the Department receives a complete demonstration,
including all information necessary to make a final determination. If the
public comment period in subsection (h)(4) of this section is extended, the
90-day time period will be similarly extended.
(i) All
tank systems, until such time as
secondary containment meeting the requirements of this section is provided,
shall comply with the following:
(1) for
non-enterable underground tanks, a leak test that meets the requirements of
section
66265.191(b)(5)
shall be conducted at least annually;
(2) for other than non-enterable underground
tanks and for all ancillary equipment, an annual leak test, as described in
paragraph (i)(1) of this section, or an internal inspection or other tank
integrity examination by an independent, qualified, professional engineer,
registered in California, that addresses cracks, leaks, corrosion, and erosion
shall be conducted at least annually. 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.
(3) 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)(1) and (i)(2) of this section.
(4) 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)(1) and (i)(2) of this section, the
owner or operator shall
comply with the requirements of section
66265.196.
(j)
(1)
Notwithstanding subsections (a) through (c) of this section, secondary
containment that meets the requirements of subsection (
l)
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
265 pursuant to an exemption in
40 CFR section
265.1, 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 consist of any device or
combination of devices as approved in writing by the CUPA, or the
Department if
there is no CUPA or the CUPA requests that the
Department make 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
Department if there is no CUPA or the
Department 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.