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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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