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<br />and is acceptable for the transferring, storing and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or
<br />the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that have been assessed
<br />pursuant to subsections (a) through (g) of this section prior to June 1, 1995 are not required to be reassessed pursuant to subsection (k) for a period of
<br />five years from the date of the assessment or June 1, 2000, whichever is the earlier date. If changes have been made to the tank system or new
<br />components have been added to the tank system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed
<br />pursuant to subsection (k).
<br />(2) The provisions of subsection (h)(1) of this section apply only to:
<br />(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under
<br />Permit -by -Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to
<br />HSC 25201.5, and
<br />(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
<br />1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more
<br />than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
<br />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
<br />subject to the standards of this article.
<br />(i) A generator or owner or operator authorized pursuant to Permit -by -Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant
<br />to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system
<br />otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code
<br />of Regulations relating to underground tank systems.
<br />(j) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal
<br />act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the
<br />CUPA, be exempt from the engineering assessment specified in subsection (k) of this section, provided minimum criteria specified in subsections 0)(1)
<br />through 0)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment required pursuant to this subsection,
<br />the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall
<br />submit documentation of local agency approval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in
<br />subsection (k) of this section. If there is no CUPA, or the CUPA requests that the Department make a determination, the documentation shall be
<br />submitted to the Department.
<br />(1) tank system must have secondary containment capable of containing 100 percent of the contents of the tank and ancillary piping volume; and
<br />(2) if tank system is exposed to precipitation, the secondary containment system must have sufficient capacity, in addition to that required in subsection
<br />0)(1) of this section, to contain run-on and infiltration from a 25 -year, 24-hour rainfall event;
<br />(3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the
<br />failure of the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment
<br />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
<br />within 24 hours.
<br />(k) The tank system assessment shall include all of the following information:
<br />(1) tank configuration (i.e., horizontal, vertical), material of construction, and gross capacity (in gallons);
<br />(2) design standard(s), if available, according to which the tank and ancillary equipment were or will be constructed and all of the following information;
<br />(A) material of construction;
<br />(B) material thickness and the method used to determine the thickness;
<br />(C) description of tank system piping (material, diameter);
<br />(D) description of any internal and external pumps; and
<br />(E) sketch or drawing of tank including dimensions.
<br />(3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of the age);
<br />(4) description and evaluation of any leak detection equipment;
<br />(5) description and evaluation of any corrosion protection equipment, devices, or material;
<br />(6) description and evaluation of any spill prevention or overfill equipment;
<br />(7) description and evaluation of secondary containment for the tank system (secondary containment must meet minimum standards as specified in
<br />subsections 0)(1) through 0)(3) of this section) including applicable secondary containment for ancillary equipment as required in subsection
<br />66265.193(f);
<br />(8) hazardous characteristics of the waste(s) that have been or will be handled;
<br />(9) prior to placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional
<br />engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or
<br />component for the presence of any of the following items and document in writing the results of the inspection:1
<br />(A) weld cracks or breaks;
<br />(B) scrapes of protective coatings;
<br />(C) corrosion;
<br />(D) any structural damage or inadequate construction or installation such as cracks, punctures, damaged fittings. All discrepancies shall be
<br />documented in the assessment and remedied before the tank system is placed in use.
<br />(10) all new tanks and ancillary equipment shall be tested for tightness prior to being placed in use. The results of the test(s) shall be documented in
<br />this assessment. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system
<br />integrity test or leak test, contact local agency staff for local requirements.
<br />(11) estimated remaining service life of the tank system based on findings of subsections (k)(1) through (k)(10).
<br />(Q The assessment specified in subsection (k) of this section is not required for the replacement of the following identical or functionally equivalent tank
<br />system parts or components:
<br />(1) pumps (same type and capacity);
<br />(2) plumbing or piping components such as unions, elbows, tees and gaskets;
<br />(3) valves and check valves;
<br />(4) piping and valve hangers and supports;
<br />(m) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (1) of this section shall be approved by
<br />the CUPA prior to replacement or changeout. If the tank system part or component is determined to be identical or functionally equivalent by the
<br />CUPA, the assessment specified in subsection (k) of this section is not required. The owner or operator shall provide the CUPA, or the Department if
<br />there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can
<br />be made:
<br />(1) name, address, and EPA identification number of the facility;
<br />(2) date of planned replacement;
<br />(3) description part or component to be replaced;
<br />(4) description of the tank system and type of waste(s) handled;
<br />(5) description of how the part or component is identical or functionally equivalent to the part or component to be replaced.
<br />4/18/2011
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