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 its 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 be as follows:
1) 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) 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 be at a
minimum as follows:
1) Constructed of or
lined with materials that are compatible with the wastes to be placed in the
tank system and of sufficient strength and thickness to prevent failure due to
pressure gradients (including static head and external hydrological forces),
physical contact with the waste to which they are exposed, climatic conditions,
the stress of installation, and the stress of daily operation (including
stresses from nearby vehicular traffic);
2) Placed on a foundation or base capable of
providing support to the secondary containment system and resistance to
pressure gradients above and below the system and capable of preventing failure
due to settlement, compression, or uplift;
3) Provided with a leak detection system that
is designed and operated so that it will detect the failure of either the
primary and secondary containment structure or any release of hazardous waste
or accumulated liquid in the secondary containment system within 24 hours, or
as otherwise provided in the RCRA permit if the operator has demonstrated to
the Agency, by way of permit application, that the existing detection
technology or site conditions will not allow detection of a release within 24
hours;
4) 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 as otherwise
provided in the RCRA permit if the operator has demonstrated 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 Works (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) External liner
systems must be as follows:
A) Designed or
operated to contain 100 percent of the capacity of the largest tank within the
liner system's boundary;
B)
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) Free of cracks or gaps;
and
D) Designed and installed to
completely surround the tank and to cover all surrounding earth likely to come
into contact with the waste if released from the tanks (i.e., capable of
preventing lateral as well as vertical migration of the waste).
2) Vault systems must be as
follows:
A) Designed or operated to contain
100 percent of the capacity of the largest tank within the vault system's
boundary;
B) 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) Constructed with chemical-resistant water
stops in place at all joints (if any);
D) 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) Provided with a means to protect against
the formation of and ignition of vapors within the vault, if the waste being
stored or treated:
i) Meets the definition of
ignitable waste under 35 Ill. Adm. Code
721.121;
or
ii) Meets the definition of
reactive waste under 35 Ill. Adm. Code
721.123
and may form an ignitable or explosive vapor; and
F) 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) Double-walled tanks must be as follows:
A) Designed as an integral structure (i.e.,
an inner tank within an outer shell) so that any release from the inner tank is
contained by the outer shell;
B)
Protected, if constructed of metal, from both corrosion of the primary tank
interior and the external surface of the outer shell; and
C) Provided with a built-in continuous leak
detection system capable of detecting a release within 24 hours or as otherwise
provided in the RCRA permit if the operator has demonstrated to the Agency, by
way of permit application, that the existing leak detection technology or site
conditions will not allow detection of a release within 24 hours.
BOARD NOTE: The provisions outlined in the Steel Tank
Institute (STI) document "Standard for Dual Wall Underground Steel Storage
Tanks", incorporated by reference in 35 Ill. Adm. Code
720.111(a),
may be used as guidelines for aspects of the design of underground steel
double-walled tanks.
f) Ancillary equipment must be provided with
full secondary containment (e.g., trench, jacketing, double-walled piping,
etc.) that meets the requirements of subsections (c) and (h), except for the
following:
1) Aboveground piping (exclusive
of flanges, joints, valves, and 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
Subpart D of 35 Ill. Adm. Code 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 waste;
B) The proposed
alternate design and operation;
C)
The hydrogeologic setting of the facility, including the thickness of soils
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) In deciding 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 the following into account:
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 risks 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 the following into account:
i) The quantity and quality of groundwater
and the direction of groundwater flow;
ii) The proximity and withdrawal rates of
water in the area;
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; and
D) The
potential adverse effects 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 has not migrated
beyond the zone of engineering control (as established in the alternative
design and operating practices), must fulfill the following requirements:
A) It must comply with the requirements of
Section
725.296,
except Section
725.296(d);
and
B) It must decontaminate or
remove contaminated soil to the extent necessary to assure the following:
i) It must enable the tank system, for which
alternative design and operating practices were granted, to resume operation
with the capability for the detection of and response to releases at least
equivalent to the capability it had prior to the release; and
ii) It must prevent the migration of
hazardous waste or hazardous constituents to groundwater or surface
water.
C) If
contaminated soil cannot be removed or decontaminated in accordance with
subsection (g)(3)(B), it must comply with the requirements of Section
725.297(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 has migrated
beyond the zone of engineering control (as established in the alternative
design and operating practices, must fulfill the following requirements:
A) It must comply with the requirements of
Section
725.296(a),
(b), (c), and (d); and
B) It must 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
725.297(b);
C) If repairing, replacing, or reinstalling
the tank system, it must 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 with respect to secondary
containment and meet the requirements for new tank systems in Section
725.292
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 demonstration, the owner or operator must follow
the following procedures, in addition to those specified in Section 28.1 of the
Act and Subpart D of 35 Ill. Adm. Code 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); and
B) For new tank systems, at least 30 days
prior to entering into a contract for installation of the tank
system.
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 meeting 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
725.291(b)(5)
must be conducted at least annually.
2) For other than non-enterable underground
tanks and for all ancillary equipment, the owner or operator must either
conduct a leak test, as described in subsection (i)(1), or an internal
inspection or other tank integrity examination, by a qualified Professional
Engineer, that addresses cracks, leaks, and corrosion or erosion at least
annually. 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.
BOARD NOTE: The practices described in 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, when applicable, as guidelines for assessing the overall condition
of the tank system.
3) 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).
4) 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 (i)(3), the owner or operator must
comply with the requirements of Section 725.296.
