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10. Are hazardous waste tanks regulated under APSA? <br /> It depends on whether the aboveground tank or container containing waste petroleum is specifically listed <br /> or included on the permit or authorization. As previously stated in FAQ Section II #8, APSA excludes <br /> tanks containing hazardous waste as described in HSC 25316(g), if DTSC has issued the owner/operator <br /> a hazardous waste facilities permit. Waste tanks are excluded from APSA only if they are specifically <br /> included in the DTSC/UPA grant of authorization (hazardous waste facility permit or the "Permit by Rule" <br /> tier of the Tiered Permit program). Other aboveground tanks containing petroleum at DTSC-permitted <br /> facilities or lower tiered facilities (Conditional Authorization or Conditional Exempt), such as fuel tanks or <br /> tanks not listed on the permit/authorization, are regulated under APSA. <br /> From the EPA SPCC Guidance for Regional Isnpectors pg 2-7—Linked provided in previous response. <br /> 2.2.8 Hazardous Substances and Hazardous Waste <br /> The definition of"oil" in §112.2 includes but is not limited to "oil mixed with wastes other than dredged spoil." Oils <br /> covered under the SPCC rule include certain hazardous substances or hazardous wastes that are oils, as well as certain <br /> hazardous substances or hazardous wastes that are mixed with oils. Containers storing these substances may also be <br /> covered by other regulations, such as the Resource Conservation and Recovery Act (RCRA) or CERCLA(also known as <br /> Superfund). For example, the definition of oil under§112.2 includes "used oil" because it is an oil mixed with wastes. <br /> "Used oil," as defined in EPA's Standards for the Management of Used Oil at 40 CFR 279.1, means any oil that has been <br /> refined from crude oil, or any synthetic oil,that has been used and as a result of such use is contaminated by physical or <br /> chemical impurities. <br /> Inspectors should evaluate whether containers storing hazardous substances or mixtures of wastes contain oil. <br /> Hazardous substances or hazardous wastes that are neither oils nor mixed with oils are not subject to SPCC rule <br /> requirements. For purposes of 40 CFR part 112,the CWA§311(b)(2) hazardous substances as identified under 40 CFR <br /> part 116 are not considered oils. However, an oil mixture that includes a CWA hazardous substance is subject to 40 CFR <br /> part 112 when it meets the definition of oil in the regulation. For example, benzene is a CWA hazardous substance and <br /> therefore does not meet the definition of oil in §112.2; however, benzene is a constituent of gasoline which is a mixture <br /> that includes other oils. Gasoline is an oil as defined under 40 CFR part 112.2. <br /> FREE classes presented by NES Inc. are available to all San Joaquin County Hazardous Waste, Underground Storage Tank, <br /> and Aboveground Petroleum Storage Facility Business Owners and Operators. List and schedule of classes can be found <br /> here. <br /> Thank you, <br /> Cesar Ruvalcaba <br /> San Joaquin County Environmental Health Department <br /> Environmental Health Specialist <br /> 1868 East Hazelton Ave <br /> Stockton, CA 95205 <br /> 2 (209) 9S3-62131 A (209) 464-01381 2 cruvalcaba@sicehd.com g <br /> 'trr JAN ]OANIN <br /> " 6;r —COUNTY <br /> I-,-- Greatness grows here. <br /> 2 <br />