|
tional Authorization pursuant to HSC 25200.3, and Conditional Exemp-
<br />tion pursuant to HSC 25201.5, and
<br />(B) onground or aboveground tank systems containing RCRA hazard-
<br />ous waste generated onsite, if:
<br />1. the owner or operator is a conditionally exempt small quantity gen-
<br />erator as defined in 40 CFR section 261.5, or a small quantity generator
<br />of more than 100 kg but less than 1000 kg per month as defined in 40 CFR
<br />section 265.201, or
<br />2. the owner or operator is not subject to regulation in 40 CFR part 265
<br />pursuant to an exemption in 40 CFR section 265. 1, but the owner or oper-
<br />ator is subject to the standards of this article.
<br />(i) A generator or owner or operator authorized pursuant to Permit—
<br />by—Rule pursuant to Chapter 45 of this division, Conditional Authoriza-
<br />tion pursuant to HSC 25200.3, or Conditional Exemption pursuant to
<br />HSC 25201.5, operating a non—RCRA underground tank system or an
<br />underground tank system otherwise exempt from permitting require-
<br />ments pursuant to the federal act, shall comply with the applicable stan-
<br />dards of Title 23 of the California Code of Regulations relating to under-
<br />ground tank systems.
<br />0) New, onground or aboveground non—RCRA tank systems or tank
<br />systems otherwise exempt from permitting requirements pursuant to the
<br />federal act, with secondary containment, whose design and installation
<br />have been approved by a local agency or agencies, may, at the discretion
<br />of the CUPA, be exempt from the engineering assessment specified in
<br />subsection (k) of this section, provided minimum criteria specified in
<br />subsections 0)(1) through 0)(3) of this section are met. If the CUPA de-
<br />termines to exempt a new tank system from the assessment required pur-
<br />suant to this subsection, the exemption shall be for a period of not more
<br />than three (3) years from the date the exemption was granted. The tank
<br />system owner or operator shall submit documentation of local agency ap-
<br />proval to the applicable CUPA for review and possible acceptance in lieu
<br />of the assessment specified in subsection (k) of this section. If there is no
<br />CUPA, or the CUPA requests that the Department make a determination,
<br />the documentation shall be submitted to the Department.
<br />(1) tank system must have secondary containment capable of contain-
<br />ing 100 percent of the contents of the tank and ancillary piping volume;
<br />and
<br />(2) if the tank system is exposed to precipitation, the secondary con-
<br />tainment system must have sufficient capacity, in addition to that re-
<br />quired in subsection 0)(1) of this section, to contain run—on and infiltra-
<br />tion from a 25—year, 24—hour rainfall event;
<br />(3) tank system secondary containment shall be provided with a leak
<br />detection system that is designed and operated so that it will detect either
<br />the failure of the primary and secondary containment structure or any re-
<br />lease of hazardous waste or accumulated liquid in the secondary contain-
<br />ment system within 24 hours, or at the earliest practicable time if the ex-
<br />isting detection technology or site conditions will not allow detection of
<br />a release within 24 hours.
<br />(k) The tank system assessment shall include all of the following infor-
<br />mation:
<br />(1) tank configuration (i.e., horizontal, vertical), material of construc-
<br />tion, and gross capacity (in gallons);
<br />(2) design standard(s), if available, according to which the tank and an-
<br />cillary equipment were or will be constructed and all of the following in-
<br />formation:
<br />(A) material of constriction;
<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),
<br />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,
<br />devices, or material;
<br />Title 22
<br />(6) description and evaluation of any spill prevention or overfill equip-
<br />ment;
<br />(7) description and evaluation of secondary containment for the tank
<br />system (secondary containment must meet minimum standards as speci-
<br />fied in subsections 0)(1) through 0)(3) of this section) including applica-
<br />ble secondary containment for ancillary equipment as required in subsec-
<br />tion 66265.193(f);
<br />(8) hazardous characteristics of the waste(s) that have been or will be
<br />handled;
<br />(9) prior to placing a new tank system or component in use, an inde-
<br />pendent, qualified installation inspector or an independent, qualified,
<br />professional engineer, registered in California, either of whom is trained
<br />and experienced in the proper installation of tank systems, shall inspect
<br />the system or component for the presence of any of the following items
<br />and document in writing the results of the inspection:
<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
<br />such as cracks, punctures, damaged fittings. All discrepancies shall be
<br />documented in the assessment and remedied before the tank system is
<br />placed in use.
<br />(10) all new tanks and ancillary equipment shall be tested for tightness
<br />prior to being placed in use. The results of the test(s) shall be documented
<br />in this assessment. Tank system integrity or leak test requirements must
<br />be in compliance with all local requirements. Prior to conducting a tank
<br />system integrity test or leak test, contact local agency staff for local re-
<br />quirements.
<br />(11) estimated remaining service life of the tank system based on find-
<br />ings of subsections (k)(1) through (k)(10).
<br />(C) The assessment specified in subsection (k) of this section is not re-
<br />quired for the replacement of the following identical or functionally
<br />equivalent tank system parts or components:
<br />(1) pumps (same type and capacity);
<br />(2) plumbing or piping components such as unions, elbows, tees and
<br />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
<br />parts or components not listed in subsection (l) of this section shall be ap-
<br />proved by the CUPA prior to replacement or changeout. If the tank sys-
<br />tem part or component is determined to be identical or functionally
<br />equivalent by the CUPA, the assessment specified in subsection (k) of
<br />this section is not required. The owner or operator shall provide the
<br />CUPA, or the Department if there is no CUPA or the CUPA requests that
<br />the Department make a determination, with the following information in
<br />writing so that a determination can 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 functional-
<br />ly equivalent to the part or component to be replaced.
<br />NOTE: Authority cited: Sections 25150 and 25159, Health and Safety Code. Ref-
<br />erence: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section
<br />265.192.
<br />HISTORY
<br />1. New section fled 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />2. New subsections (h)(1) -(h)(2)(13)2. filed 6-19-95 as an emergency; operative
<br />6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted
<br />to OAL by 10-17-95 or emergency language will be repealed by operation of
<br />law on the following day.
<br />3. New subsections (h)(1)-(h)(2)(B)2. refiled 10-16-95 as an emergency; opera-
<br />tive 10-16-95 (Register95, No. 42). A Certificate of Compliance mustbe trans-
<br />mitted to OAL by 2-13-96 or emergency language will be repealed by opera-
<br />tion of law on the following day.
<br />4. New subsections (h)(1)-(h)(1)(B)2. refiled 2-16-96 as an emergency; opera-
<br />tive 2-16-96 (Register 96, No. 7). A Certificate of Compliance must be trans -
<br />e 758.84 Register 2006, No. 36; 9-8-2006
<br />
|