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Ch. 15, Art. 10-1
<br />Article 10. Tank Systems
<br />§66265.190. Applicability.
<br />The regulations of this article apply to owners and operators of facilities that use tank systems for
<br />transferring, storing or treating hazardous waste, except as otherwise provided in subsections (a) and (b) of this
<br />section or in section 66265.1 of this chapter.
<br />(a) Tank systems that are used to transfer, store or treat hazardous waste containing no free liquids and that
<br />are situated inside a building with an impermeable floor are exempted from the requirements of section 66265.193 of
<br />this article. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test
<br />must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes,
<br />Physical/Chemical Methods", (EPA Publication No. SW -846, 3d edition and Updates (incorporated by reference in
<br />section 66260.11 of this chapter)) shall be used.
<br />(b) Tank systems, including sumps, as defined in section 66260. 10, that serve as part of a secondary
<br />containment system to collect or contain releases of hazardous wastes are exempted from the requirements in
<br />section 66265.193(a).
<br />(c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in section
<br />66260.10 and regulated under Chapter 15, Article 17.5, shall meet the requirements of this article.
<br />NOTE: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections
<br />25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.190.
<br />HISTORY
<br />1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />2. New subsection (c) and amendment of Note filed 7-29-94; operative 8-29-94 (Register 94, No. 30).
<br />3. Certificate of Compliance as to 2-11-97 order transmitted to OAL 6-10-97; disapproved by OAL and order of repeal
<br />as to 2-11-97 filed on 7-24-97 (Register 97, No. 30).
<br />4. Certificate of Compliance as to 2-11-97 order, including amendment of section and NOTE, resubmitted to OAL and
<br />approved on 7-24-97 (Register 97, No. 30).
<br />5. Amendment of subsection (a) and NOTE filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
<br />§66265.191. Assessment of Existing Tank System's Integrity.
<br />(a) For each existing tank system that does not have secondary containment meeting the requirements of
<br />section 66265.193, the owner or operator shall determine that the tank system is not leaking or is unfit for use.
<br />Except as provided in subsections (c) and (e) of this section, the owner or operator shall obtain and keep on file at the
<br />facility a written assessment reviewed and certified by an independent, qualified, professional engineer, registered in
<br />California, in accordance with section 66270.11(d), that attests to the tank system's integrity.
<br />(b) This assessment shall determine that the tank system is adequately designed and has sufficient
<br />structural strength and compatibility with the waste(s) to be transferred, stored or treated to ensure that it will not
<br />collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
<br />(1) design standard(s), if available, according to which the tank and ancillary equipment were constructed;
<br />(2) hazardous characteristics of the waste(s) that have been or will be handled;
<br />(3) existing corrosion protection measures;
<br />(4) documented age of the tank system, if available, (otherwise, an estimate of the age); and
<br />(5) results of a leak test, internal inspection, or other tank integrity examination such that:
<br />(A) for non -enterable underground tanks, this assessment shall consist of a leak test that is capable of
<br />taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table
<br />effects,
<br />(B) for other than non -enterable underground tanks and for ancillary equipment, this assessment shall be
<br />either a leak test, as described above, or an internal inspection and/or other tank integrity examination certified by an
<br />independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d) that
<br />addresses cracks, leaks, corrosion, and erosion.
<br />(c) For tank systems that transfer, store or treat materials that become hazardous wastes this assessment
<br />shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as provided in
<br />subsection (g) of this section.
<br />(d) If, as a result of the assessment conducted in accordance with subsection (a) or (e) of this section, a tank
<br />system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of section
<br />66265.196.
<br />(e)(1) Notwithstanding subsections (a) through (c) of this section, for each existing tank system that does not
<br />have secondary containment meeting the requirements of section 66265.193 and which meets the criteria specified in
<br />subsection (e)(2) of this section, the assessment specified in subsection (g) of this section shall be conducted by
<br />January 24, 1998. This assessment shall be reviewed and certified by an independent, qualified, professional
<br />engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity.
<br />The assessment shall be kept on file at the facility until closure of the facility and shall be valid for a period of one
<br />year from the date the assessment was certified.
<br />(2) The provisions of subsection (e)(1) of this section apply only to:
<br />(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite,
<br />and tank systems authorized under Permit -by -Rule pursuant to Chapter 45 of this division, Conditional Authorization
<br />Unofficial Title 22 © 2005 State of California, all rights reserved. May not be commercially reproduced or sold. 6/9/08
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