(a) In order to prevent the release of
hazardous waste or hazardous constituents to the environment, secondary
containment that meets the requirements of Section R315-265-193 shall be
provided, except as provided in Subsections R315-265-193(f) and (g):
(1) For all new and existing 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 2 years of the hazardous waste
listing, or when the tank system has reached 15 years of age, whichever comes
later.
(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 R315-265-193(b), 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.
Note: If the collected material is a hazardous waste under
Rule R315-261, it is subject to management as a hazardous waste in accordance
with all applicable requirements of Rules R315-262 through R315-265. If the
collected material is discharged through a point source to waters of the United
States, it is subject to the requirements of sections 301, 304, and 402 of the
Clean Water Act, as amended. If discharged to Publicly Owned Treatment Works
(POTWs), it is subject to the requirements of section 307 of the Clear Water
Act, as amended. If the collected material is released to the environment, it
may be subject to the 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
Director.
(e) In addition
to the requirements of Subsections R315-265-193(b), (c), and (d), secondary
containment systems shall 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 shall 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 completely
surround the tank and to cover all surrounding earth likely to come into
contact with the waste if released from the tank(s), for example, capable of
preventing lateral as well as vertical migration of the waste.
(2) Vault systems shall 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:
(A) Meets the definition
of ignitable
waste under Section
R315-261-21,
or
(B) Meets the definition of
reactive
waste under Section
R315-261-23
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 shall be:
(i) Designed as
an integral structure, for example, an inner tank 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 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
Director, and the
Director concurs, that the
existing leak detection technology or site conditions will 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 Tank" may be used as
guidelines for aspects of the design of underground steel double-walled
tanks.
(f) Ancillary equipment shall be provided
with full secondary containment, for example, trench, jacketing, double-walled
piping, that meets the requirements of Subsections R315-265-193(b) and (c)
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, for example, 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 an
exception from the requirements of Section R315-265-193 if the
Director 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. New underground tank systems may not, per a demonstration in
accordance with Subsection R315-265-193(g)(2), be exempted from the secondary
containment requirements of Section R315-265-193. Application for an exception
as allowed in Subsection R315-265-193(g) does not waive compliance with the
requirements of Sections R315-265-190 through R315-265-202 for new tank
systems.
(1) In deciding whether to grant an
excpetion based on a demonstration of equivalent protection of ground water and
surface water, the
Director will consider:
(i) The nature and quantity of the
waste;
(ii) The proposed alternate
design and operation;
(iii) The
hydrogeologic setting of the facility, including the thickness of soils between
the tank system and ground water; and
(iv) All other factors that would influence
the quality and mobility of the hazardous constituents and the potential for
them to migrate to ground water or surface water.
(2) In deciding whether to grant an
excpetion, based on a demonstration of no substantial present or potential
hazard, the
Director will consider:
(i) The
potential adverse effects on ground water, surface water, and land quality
taking into account:
(A) The physical and
chemical characteristics of the waste in the tank system, including its
potential for migration,
(B) The
hydrogeological characteristics of the facility and surrounding land,
(C) The potential for health risks caused by
human exposure to waste constituents,
(D) The potential for damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents, and
(E) The
persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects
of a release on ground-water quality, taking into account:
(A) The quantity and quality of ground water
and the direction of ground-water flow,
(B) The proximity and withdrawal rates of
water in the area,
(C) The current
and future uses of ground water in the area, and
(D) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground-water quality;
(iii) The potential adverse effects of a
release on surface water quality, taking into account:
(A) The quantity and quality of ground water
and the direction of ground-water flow,
(B) The patterns of rainfall in the
region,
(C) The proximity of the
tank system to surface waters,
(D)
The current and future uses of surface waters in the area and any water quality
standards established for those surface waters, and
(E) 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:
(A) The patterns of rainfall in the region,
and
(B) The current and future uses
of the surrounding land.
(3) The owner or operator of a tank system,
for which an excpetion from secondary containment had been granted in
accordance with the requirements of Subsection R315-265-193(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
exception, shall:
(i) Comply with the
requirements of Section R315-265-196, except Subsection R315-265-196(d);
and
(ii) Decontaminate or remove
contaminated soil to the extent necessary to:
(A) Enable the tank system, for which the
excpetion 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
(B)
Prevent the migration of hazardous waste or hazardous constituents to ground
water or surface water; and
(iii) If contaminated soil cannot be removed
or decontaminated in accordance with Subsection R315-265-193(g)(3) (ii), comply
with the requirements of Subsection R315-265-197(b);
(4) The owner or operator of a tank system,
for which an exception from secondary containment had been granted in
accordance with the requirements of Subsection R315-265-193(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
exception, shall:
(i) Comply with the
requirements of Subsections R315-265-196(a), (b), (c), and (d); and
(ii) 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 Subsection
R315-265-197(b);
(iii) If
repairing, replacing, or reinstalling the tank system, provide secondary
containment in accordance with the requirements of Subsections R315-265-193(a)
through (f) or reapply for an exception from secondary containment and meet the
requirements for new tank systems in Section R315-265-192 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 an exception from secondary containment:
(1) The
Director shall be notified in writing
by the owner or operator that he intends to conduct and submit a demonstration
for an exception from secondary containment as allowed in paragraph (g) of this
section according to the following schedule:
(i) For existing tank systems, at least 24
months prior to the date that secondary containment shall be provided in
accordance with Subsection R315-265-193(a); and
(ii) For new tank systems, at least 30 days
prior to entering into a contract for installation of the tank
system.
(2) As part of
the notification, the owner or operator shall also submit to the Director 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 R315-265-193(g)(1) or Subsection
R315-265-193(g)(2).
(3) The
demonstration for an exception shall be completed and submitted to the Director
within 180 days after notifying the Director of intent to conduct the
demonstration.
(4) The Director
will inform the public, through a newspaper notice, of the availability of the
demonstration for an exception. 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 an exception. The Direction also will hold a public hearing,
in response to a request or at his own discretion, whenever such a hearing
might clarify one or more issues concerning the demonstration for an exception.
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 Director
will approve or disapprove the request for an exception 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 exception decision. If the demonstration for an
exception is incomplete or does not include sufficient information, the 90-day
time period will begin when the Director receives a complete demonstration,
including all information necessary to make a final determination. If the
public comment period in Subsection R315-265-193(h)(4) 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 Section R315-265-193 is
provided, shall comply with the following:
(1) For non-enterable underground tanks, a
leak test that meets the requirements of Subsection R315-265-191(b)(5) shall be
conducted at least annually;
(2)
For other than non-enterable underground tanks, and for all ancillary
equipment, the owner or operator shall either conduct a leak
test as in
Subsection R315-265-193(i)(1) or an internal
inspection or other tank integrity
examination by a qualified Professional Engineer that addresses cracks, leaks,
and corrosion or erosion 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.
Note: The practices described in the American Petroleum
Institute (API) Publication Guide for Inspection of Refining Equipment, Chapter
XIII, "Atmospheric and Low Pressure Storage Tanks," 4th edition, 1981, may be
used, when applicable, as guidelines for assessing the overall condition of the
tank system.
(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 R315-265-193(i)(1)
through (i)(3).
(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 R315-265-193(i)(1) through (i)(3), the
owner or operator shall comply with the requirements of Subsection
R315-265-196.