Current through Register Vol. 48, No. 38, September 20, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or that is unfit for use, must be removed from
service immediately, and the remanufacturer or other person that stores or
treats the hazardous secondary material must satisfy the following
requirements:
a) Cessation of use;
prevent flow or addition of materials. The remanufacturer or other person that
stores or treats the hazardous secondary material must immediately stop the
flow of hazardous secondary material into the tank system or secondary
containment system and inspect the system to determine the cause of the
release.
b) Removal of material
from tank system or secondary containment system.
1) If the release was from the tank system,
the remanufacturer or other person that stores or treats the hazardous
secondary material must, within 24 hours after detection of the leak or, if the
remanufacturer or other person that stores or treats the hazardous secondary
material demonstrates that it is not possible, at the earliest practicable
time, remove as much of the material as is necessary to prevent further release
of hazardous secondary material to the environment and to allow inspection and
repair of the tank system to be performed.
2) If the material released was to a
secondary containment system, all released materials must be removed within 24
hours or in as timely a manner as is possible to prevent harm to human health
and the environment.
c)
Containment of visible releases to the environment. The remanufacturer or other
person that stores or treats the hazardous secondary material must immediately
conduct a visual inspection of the release and, based upon that inspection:
1) The remanufacturer must prevent further
migration of the leak or spill to soils or surface water; and
2) The remanufacturer must remove, and
properly dispose of, any visible contamination of the soil or surface
water.
d) Notifications,
reports.
1) Any release to the environment,
except as provided in subsection (d)(2), must be reported to the Agency and the
Administrator of USEPA Region 5 within 24 hours of its detection. If the
release has been reported pursuant to 40 CFR 302, that report will satisfy the
requirement to notify USEPA, but the release must still be reported to the
Agency.
2) A leak or spill of
hazardous secondary material is exempted from the requirements of this
subsection (d) if the following is true of the leak or spill:
A) The leak or spill is less than or equal to
a quantity of one pound; and
B) The
leak or spill is immediately contained and cleaned up.
3) Within 30 days after detection of a
release to the environment, a report containing the following information must
be submitted to the Agency and the Administrator of USEPA Region 5:
A) The likely route of migration of the
release;
B) The characteristics of
the surrounding soil (soil composition, geology, hydrogeology,
climate);
C) The results of any
monitoring or sampling conducted in connection with the release (if available).
If sampling or monitoring data relating to the release are not available within
30 days, these data must be submitted to the Agency and the Administrator of
USEPA Region 5 as soon as the results become available;
D) The proximity to downgradient drinking
water, surface water, and populated areas; and
E) A description of response actions taken or
planned.
e)
Provision of secondary containment, repair, or closure.
1) Unless the remanufacturer or other person
that stores or treats the hazardous secondary material satisfies the
requirements of subsections (e)(2) through (e)(4), the tank system must cease
to operate under the remanufacturing exclusion at Section
721.104(a)(27).
2) If the cause of the release was a spill
that has not damaged the integrity of the tank system, the remanufacturer or
other person that stores or treats the hazardous secondary material may return
the tank system to service as soon as the released material is removed and
repairs, if necessary, are made.
3)
If the cause of the release was a leak from the primary tank system into the
secondary containment system, the primary tank system must be repaired prior to
returning the tank system to service.
4) If the source of the release was a leak to
the environment from a component of a tank system without secondary
containment, the remanufacturer or other person that stores or treats the
hazardous secondary material must provide the component of the tank system from
which the leak occurred with secondary containment that satisfies the
requirements of Section
721.293
before it can be returned to service, unless the source of the leak is an
aboveground portion of a tank system that can be inspected visually. If the
source is an aboveground component that can be inspected visually, the
component must be repaired and may be returned to service without secondary
containment as long as the requirements of subsection (f) are satisfied.
Additionally, if a leak has occurred in any portion of a tank system component
that is not readily accessible for visual inspection (e.g., the bottom of an
inground or on-ground tank), the entire component must be provided with
secondary containment in accordance with Section 721.193 prior to being
returned to use.
f)
Certification of major repairs. If the remanufacturer or other person that
stores or treats the hazardous secondary material has repaired a tank system in
accordance with subsection (e), and the repair has been extensive (e.g.,
installation of an internal liner, repair of a ruptured primary containment or
secondary containment vessel, etc.), the tank system must not be returned to
service, unless the remanufacturer or other person that stores or treats the
hazardous secondary material has obtained a certification by a qualified
Professional Engineer that the repaired system is capable of handling hazardous
secondary materials without release for the intended life of the system. This
certification must be kept on file at the facility and maintained until closure
of the facility.
BOARD NOTE: USEPA stated in note 1 appended to corresponding
40
CFR 261.196 that the Regional Administrator
may, on the basis of any information received that there is or has been a
release of hazardous secondary material or hazardous constituents into the
environment, issue an order under RCRA section 7003(a) (
42 USC
6973(a)) requiring
corrective action or such other response as deemed necessary to protect human
health or the environment. USEPA stated in note 2 appended to corresponding
40
CFR 261.196 that 40 CFR 302 may require the
owner or operator to notify the National Response Center of certain
releases.
BOARD NOTE: USEPA stated in note 1 appended to
corresponding
40
CFR 261.196 that the Regional Administrator
may, on the basis of any information received that there is or has been a
release of hazardous secondary material or hazardous constituents into the
environment, issue an order under RCRA section 7003(a) (
42 USC
6973(a)) requiring
corrective action or such other response as deemed necessary to protect human
health or the environment. USEPA stated in note 2 appended to corresponding
40
CFR 261.196 that
40 CFR 302
may require the owner or operator to notify the
National Response Center of certain releases.
