Current through Register Vol. 48, No. 38, September 20, 2024
a) In order to prevent the release of
hazardous waste or hazardous constituents to the environment, secondary
containment that meets the requirements of this Section must be provided
(except as provided in subsections (f) and (g)).
1) For a new or existing tank system or
component, prior to their being put into service.
2) For a tank system that stores or treats
materials that become hazardous wastes within two years after the hazardous
waste listing, or when the tank system has reached 15 years of age, whichever
comes later.
b)
Secondary containment systems must fulfill the following:
1) It must be designed, installed, and
operated to prevent any migration of wastes or accumulated liquid out of the
system to the soil, groundwater, or surface water at any time during the use of
the tank system; and
2) It must be
capable of detecting and collecting releases and accumulated liquids until the
collected material is removed.
c) To meet the requirements of subsection
(b), secondary containment systems must, at a minimum, fulfill the following:
1) It must be constructed of or lined with
materials that are compatible with the wastes to be placed in the tank system
and must have sufficient strength and thickness to prevent failure owing to
pressure gradients (including static head and external hydrological forces),
physical contact with the waste to which it is exposed, climatic conditions,
and the stress of daily operation (including stresses from nearby vehicular
traffic);
2) It must be placed on a
foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression or
uplift;
3) It must be provided with
a leak-detection system that is designed and operated so that it will detect
the failure of either the primary or secondary containment structure or the
presence of any release of hazardous waste or accumulated liquid in the
secondary containment system within 24 hours, or at the earliest practicable
time if the owner or operator demonstrates, by way of permit application, to
the Agency that existing detection technologies or site conditions will not
allow detection of a release within 24 hours; and
4) It must be sloped or otherwise designed or
operated to drain and remove liquids resulting from leaks, spills, or
precipitation. Spilled or leaked waste and accumulated precipitation must be
removed from the secondary containment system within 24 hours, or in as timely
a manner as is possible to prevent harm to human health and the environment, if
the owner or operator demonstrates to the Agency, by way of permit application,
that removal of the released waste or accumulated precipitation cannot be
accomplished within 24 hours.
BOARD NOTE: If the collected material is a hazardous waste
under 35 Ill. Adm. Code 721, it is subject to management as a hazardous waste
in accordance with all applicable requirements of 35 Ill. Adm. Code 722 through
728. If the collected material is discharged through a point source to waters
of the State, it is subject to the NPDES permit requirement of Section 12(f) of
the Environmental Protection Act and 35 Ill. Adm. Code 309. If discharged to a
Publicly Owned Treatment Work (POTW), it is subject to the requirements of 35
Ill. Adm. Code 307 and 310. If the collected material is released to the
environment, it may be subject to the reporting requirements of 35 Ill. Adm.
Code
750.410
and federal
40 CFR
302.6.
d) Secondary containment for tanks must
include one or more of the following devices:
1) A liner (external to the tank);
2) A vault;
3) A double-walled tank; or
4) An equivalent device, as approved by the
Board in an adjusted standards proceeding.
e) In addition to the requirements of
subsections (b), (c), and (d), secondary containment systems must satisfy the
following requirements:
1) An external liner
system must fulfill the following:
A) It must
be designed or operated to contain 100 percent of the capacity of the largest
tank within its boundary.
B) It
must be designed or operated to prevent run-on or infiltration of precipitation
into the secondary containment system, unless the collection system has
sufficient excess capacity to contain run-on or infiltration. Such additional
capacity must be sufficient to contain precipitation from a 25-year, 24-hour
rainfall event.
C) It must be free
of cracks or gaps.
D) It must be
designed and installed to surround the tank completely and to cover all
surrounding earth likely to come into contact with the waste if the waste is
released from the tanks (i.e., it is capable of preventing lateral as well as
vertical migration of the waste).
2) A vault system must fulfill the following:
A) It must be designed or operated to contain
100 percent of the capacity of the largest tank within the vault system's
boundary;
B) It must be designed or
operated to prevent run-on or infiltration of precipitation into the secondary
containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient
to contain precipitation from a 25-year, 24-hour rainfall event;
C) It must be constructed with
chemical-resistant water stops in place at all joints (if any);
D) It must be provided with an impermeable
interior coating or lining that is compatible with the stored waste and that
will prevent migration of waste into the concrete;
E) It must be provided with a means to
protect against the formation of and ignition of vapors within the vault, if
the waste being stored or treated fulfills the following:
i) It meets the definition of ignitable waste
under 35 Ill. Adm. Code
721.121;
or
ii) It meets the definition of
reactive waste under 35 Ill. Adm. Code
721.123,
and may form an ignitable or explosive vapor; and
F) It must be provided with an exterior
moisture barrier or be otherwise designed or operated to prevent migration of
moisture into the vault if the vault is subject to hydraulic
pressure.
3) A
double-walled tank must fulfill the following:
A) It must be designed as an integral
structure (i.e., an inner tank completely enveloped within an outer shell) so
that any release from the inner tank is contained by the outer shell;
B) It must be protected, if constructed of
metal, from both corrosion of the primary tank interior and of the external
surface of the outer shell; and
C)
It must be provided with a built-in continuous leak detection system capable of
detecting a release within 24 hours, or at the earliest practicable time, if
the owner or operator demonstrates, by way of permit application, to the Agency
that the existing detection technology or site conditions would not allow
detection of a release within 24 hours.
BOARD NOTE: The provisions outlined in the Steel Tank
Institute document (STI) "Standard for Dual Wall Underground Steel Storage
Tanks", incorporated by reference in 35 Ill. Adm. Code
720.111(a),
may be used as a guideline for aspects of the design of underground steel
double-walled tanks.
f) Ancillary equipment must be provided with
secondary containment (e.g., trench, jacketing, double-walled piping, etc.)
that meets the requirements of subsections (b) and (c), except as follows:
1) Aboveground piping (exclusive of flanges,
joints, valves, and other connections) that are visually inspected for leaks on
a daily basis;
2) Welded flanges,
welded joints, and welded connections that are visually inspected for leaks on
a daily basis;
3) Sealless or
magnetic coupling pumps and sealless valves that are visually inspected for
leaks on a daily basis; and
4)
Pressurized aboveground piping systems with automatic shut-off devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices, etc.) that are visually inspected for leaks on a
daily basis.
g) Pursuant
to Section 28.1 of the Environmental Protection Act, and in accordance with 35
Ill. Adm. Code 101 and 104, an adjusted standard will be granted by the Board
regarding alternative design and operating practices only if the Board finds
either that the alternative design and operating practices, together with
location characteristics, will prevent the migration of any hazardous waste or
hazardous constituents into the groundwater or surface water at least as
effectively as secondary containment during the active life of the tank system,
or that in the event of a release that does migrate to groundwater or surface
water, no substantial present or potential hazard will be posed to human health
or the environment. New underground tank systems may not receive an adjusted
standard from the secondary containment requirements of this Section through a
justification in accordance with subsection (g)(2).
1) When determining whether to grant
alternative design and operating practices based on a demonstration of
equivalent protection of groundwater and surface water, the Board will consider
whether the petitioner has justified an adjusted standard based on the
following factors:
A) The nature and quantity
of the wastes;
B) The proposed
alternative design and operation;
C) The hydrogeologic setting of the facility,
including the thickness of soils present between the tank system and
groundwater; and
D) All other
factors that would influence the quality and mobility of the hazardous
constituents and the potential for them to migrate to groundwater or surface
water.
2) When
determining whether to grant alternative design and operating practices based
on a demonstration of no substantial present or potential hazard, the Board
will consider whether the petitioner has justified an adjusted standard based
on the following factors:
A) The potential
adverse effects on groundwater, surface water and land quality taking into
account, considering the following:
i) The
physical and chemical characteristics of the waste in the tank system,
including its potential for migration;
ii) The hydrogeological characteristics of
the facility and surrounding land;
iii) The potential for health risk caused by
human exposure to waste constituents;
iv) The potential for damage to wildlife,
crops, vegetation, and physical structures caused by exposure to waste
constituents; and
v) The
persistence and permanence of the potential adverse effects.
B) The potential adverse
effects of a release on groundwater quality, taking into account;
i) The quantity and quality of groundwater
and the direction of groundwater flow;
ii) The proximity and withdrawal rates of
groundwater users;
iii) The current
and future uses of groundwater in the area; and
iv) The existing quality of groundwater,
including other sources of contamination and their cumulative impact on the
groundwater quality.
C)
The potential adverse effects of a release on surface water quality, taking the
following into account:
i) The quantity and
quality of groundwater and the direction of groundwater flow;
ii) The patterns of rainfall in the
region;
iii) The proximity of the
tank system to surface waters;
iv)
The current and future uses of surface waters in the area and water quality
standards established for those surface waters; and
v) The existing quality of surface water,
including other sources of contamination and the cumulative impact on surface
water quality.
D) The
potential adverse effect of a release on the land surrounding the tank system,
taking the following into account:
i) The
patterns of rainfall in the region; and
ii) The current and future uses of the
surrounding land.
3) The owner or operator of a tank system,
for which alternative design and operating practices had been granted in
accordance with the requirements of subsection (g)(1), at which a release of
hazardous waste has occurred from the primary tank system but which has not
migrated beyond the zone of engineering control (as established in the
alternative design and operating practices), must do the following:
A) It must comply with the requirements of
Section
724.296,
except Section
724.296(d);
and
B) It must decontaminate or
remove contaminated soil to the extent necessary to do the following:
i) Enable the tank system for which the
alternative design and operating practices were granted to resume operation
with the capability for the detection of releases at least equivalent to the
capability it had prior to the release; and
ii) Prevent the migration of hazardous waste
or hazardous constituents to groundwater or surface water; and
C) If contaminated soil cannot be
removed or decontaminated in accordance with subsection (g)(3)(B), the owner or
operator must comply with the requirement of Section
724.297(b).
4) The owner or operator of a tank
system, for which alternative design and operating practices had been granted
in accordance with the requirements of subsection (g)(1), at which a release of
hazardous waste has occurred from the primary tank system and which has
migrated beyond the zone of engineering control (as established in the
alternative design and operating practices), must do the following:
A) Comply with the requirements of Section
724.296(a),
(b), (c), and (d); and
B) Prevent the migration of hazardous waste
or hazardous constituents to groundwater or surface water, if possible, and
decontaminate or remove contaminated soil. If contaminated soil cannot be
decontaminated or removed, or if groundwater has been contaminated, the owner
or operator must comply with the requirements of Section
724.297(b);
and
C) If repairing, replacing or
reinstalling the tank system, provide secondary containment in accordance with
the requirements of subsections (a) through (f), or make the alternative design
and operating practices demonstration to the Board again, and meet the
requirements for new tank systems in Section
724.292
if the tank system is replaced. The owner or operator must comply with these
requirements even if contaminated soil is decontaminated or removed and
groundwater or surface water has not been contaminated.
h) In order to make an alternative
design and operating practices, the owner or operator must follow the following
procedures in addition to those specified in Section 28.1 of the Act and 35
Ill. Adm. Code 101 and 104:
1) The owner or
operator must file a petition for approval of alternative design and operating
practices according to the following schedule:
A) For existing tank systems, at least 24
months prior to the date that secondary containment must be provided in
accordance with subsection (a).
B)
For new tank systems, at least 30 days prior to entering into a contract for
installation.
2) As part
of the petition, the owner or operator must also submit the following to the
Board:
A) A description of the steps
necessary to conduct the demonstration and a timetable for completing each of
the steps. The demonstration must address each of the factors listed in
subsection (g)(1) or (g)(2); and
B)
The portion of the Part B permit application specified in 35 Ill. Adm. Code
703.202.
3) The owner or operator must
complete its showing within 180 days after filing its petition for approval of
alternative design and operating practices.
4) The Agency must issue or modify the RCRA
permit so as to require the permittee to construct and operate the tank system
in the manner that was provided in any Board order approving alternative design
and operating practices.
i) All tank systems, until such time as
secondary containment that meets the requirements of this Section is provided,
must comply with the following:
1) For
non-enterable underground tanks, a leak test that meets the requirements of
Section
724.291(b)(5)
or other tank integrity methods, as approved or required by the Agency, must be
conducted at least annually.
2) For
other than non-enterable underground tanks, the owner or operator must do
either of the following:
A) Conduct a leak
test, as in subsection (i)(1); or
B) Develop a schedule and procedure for an
assessment of the overall condition of the tank system by a qualified
Professional Engineer. The schedule and procedure must be adequate to detect
obvious cracks, leaks, and corrosion or erosion that may lead to cracks and
leaks. The owner or operator must remove the stored waste from the tank, if
necessary, to allow the condition of all internal tank surfaces to be assessed.
The frequency of these assessments must be based on the material of
construction of the tank and its ancillary equipment, the age of the system,
the type of corrosion or erosion protection used, the rate of corrosion or
erosion observed during the previous inspection and the characteristics of the
waste being stored or treated.
3) For ancillary equipment, a leak test or
other integrity assessment, as approved by the Agency, must be conducted at
least annually.
BOARD NOTE: The practices described in the API Publication,
"Guide for Inspection of Refinery Equipment", Chapter XIII, "Atmospheric and
Low-Pressure Storage Tanks", incorporated by reference in 35 Ill. Adm. Code
720.111(a),
may be used, where applicable, as a guideline for assessing the overall
condition of the tank system.
4) The owner or operator must maintain on
file at the facility a record of the results of the assessments conducted in
accordance with subsections (i)(1) through (i)(3).
5) If a tank system or component is found to
be leaking or unfit for use as a result of the leak test or assessment in
subsections (i)(1) through (1)(3), the owner or operator must comply with the
requirements of Section 724.296.
