Current through Register Vol. 48, No. 38, September 20, 2024
a)
All containment buildings must comply with the following design and operating
standards:
1) The containment building must
be completely enclosed with a floor, walls, and a roof to prevent exposure to
the elements (e.g., precipitation, wind, run on) and to assure containment of
managed wastes.
2) The floor and
containment walls of the unit, including the secondary containment system if
required under subsection (b), must be designed and constructed of materials of
sufficient strength and thickness to support themselves, the waste contents,
and any personnel and heavy equipment that operate within the unit, and to
prevent failure due to pressure gradients, settlement, compression, or uplift,
physical contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with containment
walls. The unit must be designed so that it has sufficient structural strength
to prevent collapse or other failure. All surfaces to be in contact with
hazardous wastes must be chemically compatible with those wastes. The
containment building must meet the structural integrity requirements
established by professional organizations generally recognized by the industry
such as the American Concrete Institute (ACI) and the American Society of
Testing Materials (ASTM). If appropriate to the nature of the waste management
operation to take place in the unit, an exception to the structural strength
requirement may be made for light-weight doors and windows that meet the
following criteria:
A) They provide an
effective barrier against fugitive dust emissions under subsection (c)(1)(D);
and
B) The unit is designed and
operated in a fashion that assures that wastes will not actually come in
contact with these openings.
3) Incompatible hazardous wastes or treatment
reagents must not be placed in the unit or its secondary containment system if
they could cause the unit or secondary containment system to leak, corrode, or
otherwise fail.
4) A containment
building must have a primary barrier designed to withstand the movement of
personnel, waste, and handling equipment in the unit during the operating life
of the unit and appropriate for the physical and chemical characteristics of
the waste to be managed.
b) For a containment building used to manage
hazardous wastes containing free liquids or treated with free liquids (the
presence of which is determined by the paint filter test, a visual examination,
or other appropriate means), the owner or operator must include the following
design features:
1) A primary barrier
designed and constructed of materials to prevent the migration of hazardous
constituents into the barrier (e.g., a geomembrane covered by a concrete wear
surface).
2) A liquid collection
and removal system to minimize the accumulation of liquid on the primary
barrier of the containment building, as follows:
A) The primary barrier must be sloped to
drain liquids to the associated collection system; and
B) Liquids and waste must be collected and
removed to minimize hydraulic head on the containment system at the earliest
practicable time.
3) A
secondary containment system including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier,
and a leak detection system that is capable of detecting failure of the primary
barrier and collecting accumulated hazardous wastes and liquids at the earliest
practicable time.
A) The requirements of the
leak detection component of the secondary containment system are satisfied by
installation of a system that is, at a minimum, as follows:
i) It is constructed with a bottom slope of 1
percent or more; and
ii) It is
constructed of a granular drainage material with a hydraulic conductivity of 1
x 10-2 cm/sec or more and a thickness of 12 inches
(30.5 cm) or more, or constructed of synthetic or geonet drainage materials
with a transmissivity of 3 x 10-5
m2/sec or more.
B) If treatment is to be conducted in the
building, an area in which such treatment will be conducted must be designed to
prevent the release of liquids, wet materials, or liquid aerosols to other
portions of the building.
C) The
secondary containment system must be constructed of materials that are
chemically resistant to the waste and liquids managed in the containment
building and of sufficient strength and thickness to prevent collapse under the
pressure exerted by overlaying materials and by any equipment used in the
containment building. (Containment buildings can serve as secondary containment
systems for tanks placed within the building under certain conditions. A
containment building can serve as an external liner system for a tank, provided
it meets the requirements of Section
724.293(e)(1).
In addition, the containment building must meet the requirements of Section
724.293(b),
(c)(1) and (c)(2) to be an acceptable
secondary containment system for a tank.)
4) This subsection (b)(4) corresponds with
40 CFR
264.1101(b)(4), which is now
obsolete and without effect. This statement maintains structural consistency
with the federal rules.
c) An owner or operator of a containment
building must do each of the following:
1) It
must use controls and practice to ensure containment of the hazardous waste
within the unit, and at a minimum do each of the following:
A) It must maintain the primary barrier to be
free of significant cracks, gaps, corrosion, or other deterioration that could
cause hazardous waste to be released from the primary barrier;
B) It must maintain the level of the stored
or treated hazardous waste within the containment walls of the unit so that the
height of any containment wall is not exceeded;
C) It must take measures to prevent the
tracking of hazardous waste out of the unit by personnel or by equipment used
in handling the waste. An area must be designated to decontaminate equipment
and any rinsate must be collected and properly managed; and
D) It must take measures to control fugitive
dust emissions such that any openings (doors, windows, vents, cracks, etc.)
exhibit no visible emissions (see Reference Method 22 (Visual Determination of
Fugitive Emissions from Material Sources and Smoke Emissions from Flares) in
appendix A to 40 CFR 60 (Test Methods), incorporated by reference in 35 Ill.
Adm. Code
720.111(b)
). In addition, all associated particulate collection devices (e.g., fabric
filter, electrostatic precipitator, etc.) must be operated and maintained with
sound air pollution control practices (see 40 CFR 60 for guidance). This state
of no visible emissions must be maintained effectively at all times during
routine operating and maintenance conditions, including when vehicles and
personnel are entering and exiting the unit.
BOARD NOTE: At
40 CFR
264.1101(c)(1)(iv) (2005),
USEPA cites "40 CFR part 60, subpart 292". At 57 Fed. Reg. 37217 (Aug. 18,
1992), USEPA repeats this citation in the preamble discussion of adoption of
the rules. No such provision exists in the Code of Federal Regulations. While
40 CFR
60.292 of the federal regulations pertains to
control of fugitive dust emissions, that provision is limited in its
application to glass melting furnaces. The Board has chosen to use the general
citation: " 40 CFR 60 ".
2) It must obtain and keep on site a
certification by a qualified Professional Engineer that the containment
building design meets the requirements of subsections (a) through
(c).
3) Throughout the active life
of the containment building, if the owner or operator detects a condition that
could lead to or has caused a release of hazardous waste, it must repair the
condition promptly, in accordance with the following procedures:
A) Upon detection of a condition that has led
to a release of hazardous wastes (e.g., upon detection of leakage from the
primary barrier) the owner or operator must do the following:
i) Enter a record of the discovery in the
facility operating record;
ii)
Immediately remove the portion of the containment building affected by the
condition from service;
iii)
Determine what steps must be taken to repair the containment building, remove
any leakage from the secondary collection system, and establish a schedule for
accomplishing the cleanup and repairs; and
iv) Within seven days after the discovery of
the condition, notify the Agency in writing of the condition, and within 14
working days, provide a written notice to the Agency with a description of the
steps taken to repair the containment building, and the schedule for
accomplishing the work.
B) The Agency must review the information
submitted, make a determination in accordance with Section 34 of the Act,
regarding whether the containment building must be removed from service
completely or partially until repairs and cleanup are complete, and notify the
owner or operator of the determination and the underlying rationale in
writing.
C) Upon completing all
repairs and cleanup the owner and operator must notify the Agency in writing
and provide a verification, signed by a qualified, registered professional
engineer, that the repairs and cleanup have been completed according to the
written plan submitted in accordance with subsection (c)(3)(A)(iv).
4) It must inspect and record in
the facility's operating record data gathered from monitoring and leak
detection equipment, as well as the containment building and the area
immediately surrounding the containment building, to detect signs of releases
of hazardous waste at least once every seven days.
d) For a containment building that contains
areas both with and without secondary containment, the owner or operator must
do the following:
1) Design and operate each
area in accordance with the requirements enumerated in subsections (a) through
(c);
2) Take measures to prevent
the release of liquids or wet materials into areas without secondary
containment; and
3) Maintain in the
facility's operating log a written description of the operating procedures used
to maintain the integrity of areas without secondary containment.
e) Notwithstanding any other
provision of this Subpart DD, the Agency must, in writing, allow the use of
alternatives to the requirements for secondary containment for a permitted
containment building where the Agency has determined that the facility owner or
operator has adequately demonstrated that the only free liquids in the unit are
limited amounts of dust suppression liquids required to meet occupational
health and safety requirements, and where containment of managed wastes and
liquids can be assured without a secondary containment system.