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g 66265.194 BA RCLAYS CALIFORNIA CODE OF REGULATIONS Title 22 66265.192 if the tank system is replaced.The owner or operator shall January 1. 1999. comply with these requirements even if contaminated soil can be decors- (2)The provisions of subsection WM of this section apply only to: laminated or removed,and ground water or surface water hag not been (A) existing tank systems containing only nom-RCRA hazardous contaminated. wastes generated onsite,and (h)The following procedures shall be followed in order to request a (R)existing tank systems containing RCRA hazardous wastes genu variance from secondary containment: aced oisite,if: (I)The Department shall be notified in writingby the owneroropem- 1.the ownedoperatoris a conditionally exempt small quantity genera- lorthat the facility intends to conduct and submit a demonstration for a lot asdeftned in 4(KTRsecticn 265.1.ora l00loI000kgpermonthgen- variance from smondarycontainment as allowed in subsection(g)of this erator as defined in 40(TR section 265.201.m section at least 24 months prior to the date that secondary containment 2.die ownedoperanr is not subject to regulation in 40 CTR part 264 is required to be provided in accordance with subsection(a)of this sec- pursuant to an exemption in 40 CFR section 264.1.but the owner/opera- tion tot is subject to the standards of this article. (2)As part of the notification,the owner or operator shall also submit NOTE Authority cited:Sections 208.25150 and 25159,Health and Safety Cade. to the Department a description of the steps necessary to conduct the Reference:Sections 25143.25159 and 251595.Health and Safety Cade;40 CFR demonstration and a timetable for completin g each of the steps.The dem- bion 265.193. Jimmy onstratiort shall address each of the factors listed in subsection(gX 1)or I.New section fired 5-24-91:operative 7-1-91 (Register 91.No.22). subsection(gX2)of this section. 2.Amendment of section and NOTE filed 6-19-95 as an emergency:operative (3)The demonstration fora variance shall be completed and submitted 6-19-95(Register 95.No.25).A Certificate of Compliance must be trans- lotheDepartmen[witinin 180 clays after notifying the Department of in- trans- mitted to OALby 10-17-95oremetgency languaaewillberepealedbyopem- tion of law on the following day. tent to conduct the demonstration. 3.Amendment of section and NOTE refiled 10-16-95 as an emergency;operative (4)The Department will inform the public,through a newspaper no 10-16-95(Register 95.Na 42).A Certificate of Compliance must be bans- tice,of the availability of the demonstration for a variance.The notice mitted to OAL by 2-1196 memergency language will be repeated by opera- shafibe laced in adail orweekl major newspaper general cir- nomndment of law of se following day. P Y Y .p Pape Ben 4.Amendment of section and NOTE refiled 2-16-96 as an emergency:operative culation and shall provide at least 30 days from the date of the notice for 2-16-96(Regiswr 96,No.7).A Certificate of Compliance must be transmitted the public to review and comment ou the demonstration fox a variance. to OAL by 6-15-96 or emergency language will he repealed by operation of The Department also will hold a public hearing.in response to a request law on the following day. Department's own discretion.whenever such a hearing might 5.Amendment of section and NOTE refiled 6-17-96 as an emergency:operative or at the De pa 8 6-17-96(Register 96.No. 25).A Certificate of Compliance must be trans- clarify one or more issues comceming the demonstratiort for a variance. milted to OAL by 10-15-%oemergeney language will he repeated by opera- Public notice of the hearing will be given at least 30days priorto die date tion.(law on the following day. of the hearing and may be given at the same time as notice of the opportu- ¢66265.194. General Operating Requirements. nity for the public to review and comment on the demonstration.These (a)I lazardous wastes ortmatment reagents shall not be placedin a lank two notices may be combined. system if they could cause the tank.its ancillary equipment.or the sec- (5)The Department will approve ordisapprove the request for a vari- ondary containment system to rupture.leak,corrode.or otherwise fail ante within 90days of receipt of the demonstration from the ownerorop- (b)The owner or operatorshall use appropriate controls and practic. erator and will notify in writing the owner or operator and each person to prevent spills and overflows from tank orsecodary containment sy, whosubmitted written comments ormequested notice of the variance de- lems.These include at a minimum: cision.If the demonstration for a variance is incomplete ordoes not in- (1) spill prevention controls (e.g.. check valves, dry discount cou- cludesufficient information.the 90-day time period will begin when the piing;): Department receives a complete demonstration,including all informs- (2)overfill prevention controls(e.g..level sensing devices.high level tionnecessaryto make a final determination.If the public comment peri- alarms.automatic feed cutoff,or bypass to a standbv tank):and odinsubsection(hX4)of this section is extended,the 90-daytime period (3)maintenance of sufficient freeboard in uncovered tanks to prevent will be similarly extended. overtopping by wave orwind action orby precipitation.Uncovered tanks (i)Alltanksystems.until such time as:secondarycontsinmen,meeting shall heoferatedtoensure,atleast 60centimeters(2feet)offreeboard. the requirements of this section is provided,shall comply with the follow- unless the tank is equipped with a containment structure(e.g..dike or ing: trench),a drainage control system or a divers.itn structure(e.g..standby (1)for ran--ememble underground tanks.a leak test that meets the re- tank)with a capacity thatequals orexceeds the volume of the top 60centi:- quirements of section 66265.191(b)(5)shall be conducted at least annu- meters(2 feet)of the tank. ally. (c)The owner or operator shall comply with the requirements of sec- (2)for other than non-enterable underground tanks and for all ancil- tion 66265.196 if a leak or spill occurs in the tank system. lary equipment,an annual leak test,as described in paragraph(iXI)of (d)Transfer,treatment or storage of hazardous waste in tanks shall this section.or an internal inspection or other tank integrity examination comply with section 66265.17(6). by an independent,qualified,professional engineer,registered in Cali- NOTE Author lycited:Sections 208,25150 and 25159.Health and Safety Code. forma,that addresses cracks,leaks.corrosion.and erasion shall be con- Reference:Sections 25159 and 251595.Health and Safety Code:40 CFRSection ducted at least annually.The owner or operator shall remove the stored 265.194. waste from the tank,if necessary,to allow the condition of all internal Hisroav tank surfaces to he assessed. 1.New section filed 5-24-91:operative 7-1-91 (Register 91.No.22). (3)T1e owner oroperatorshall maintain ort role at the facility a record 466265.195. Inspections. of the results of the assessments conducted in accordance with subsec- (a)The owner or operator shall inspect.where present,at least once tions(iXI)and(iX2)of this section. each operating day: (4)If a tank system or component is found to be leaking or unfit for (1)overfill/spill control equipment(e.g..waste-feed cutoff systems. use as a result of the leak test orassessment in subsections(i)(1)and(i X2) bypass systems.anddrainage systems)toensure that it is in gond working of this section,the owner or operator shall simply with the requirements order of section 66265.196. (2)the aboveground portions of the tank system.if my,lodetectcorm (jXl)Notwithstanding subsection(a)of this section,secondary con- sion m releaus of waste: 1 tainment that meets the requirements of this section shall be providedfor (3) data gathered from monitoring equipment and leak--etectict_. tank systems used to manage hazardous wastes generated onsite, and equipment.(e.g..pressure and temperature gauges.monitoring wells)to which meet the criteria specified in subsection(jX2)of this section,by ensure that the tank.system is being operated according to its design: Page 759.86 Reaiwn 96.Ne.15:6-21-%