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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 subject to the standards of this article. (k) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems. (1) Secondary containment for onground or aboveground generator and onsite tier (Permit-by-Rule Conditional Authorization, and Conditional Exemption), non- RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d) and satisfy the requirements of (e) of this section or consist of any device or combination of devices as approved in writing by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department makes a determination, which would satisfy the following minimum requirements: (1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air 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. (m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this section or an alternative device or devices as approved in writing by the CUPA, or Department if there is no CUPA or the Department if the CUPA requests that the Department make a determination, which would prevent and/or detect any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface water at any time during the use of the tank system. The following are examples of tank system and ancillary equipment secondary containment alternatives or options that may be proposed for review and approval by the CUPA: (1) traditional containment of entire system within a bermed containment area with visual and/or electronic leak detection monitoring; (2) troughs or pipe runs with impermeable liners that incorporate the following: (A) visual monitoring during hours of operation or; (B) continuous electronic leak detection monitoring for releases or; (C) sumps located at low elevations with leak detection monitors. (3) double-walled piping with continuous interstitial monitoring or monitoring intervals located at low elevation points along pipeline; (4) Double-walled piping with translucent or transparent sections located at low points or low endpoints so that visual monitoring is possible.