Current through Register Vol. 48, No. 38, September 20, 2024
a)
Applicability of This Section. This Section applies to the owner or operator of
a facility that treats or stores hazardous waste in above-ground or on-ground
tanks under a RCRA standardized permit pursuant to Subpart J of 35 Ill. Adm.
Code 703, except as provided in Section
727.100(a)(2).
1) A facility owner or operator does not have
to meet the secondary containment requirements in subsection (f) if its tank
systems do not contain free liquids and are situated inside a building with an
impermeable floor. The owner or operator must demonstrate the absence or
presence of free liquids in the stored or treated waste, using Method 9095B
(Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", USEPA Publication SW-846, incorporated by
reference in 35 Ill. Adm. Code
720.111(a).
2) The facility owner or operator does not
have to meet the secondary containment requirements of subsection (f)(1) if its
tank system, including sumps, as defined in 35 Ill. Adm. Code
720.110, is part
of a secondary containment system to collect or contain releases of hazardous
wastes.
BOARD NOTE: Subsection (a) is derived from
40 CFR
267.190 (2017).
b) Required Design and Construction Standards
for New Tank Systems or Components. The facility owner or operator must ensure
that the foundation, structural support, seams, connections, and pressure
controls (if applicable) are adequately designed and that the tank system has
sufficient structural strength, compatibility with the wastes to be stored or
treated, and corrosion protection to ensure that it will not collapse, rupture,
or fail. The owner or operator must obtain a written assessment, reviewed and
certified by an independent, qualified registered professional engineer,
following 35 Ill. Adm. Code
702.126(d),
attesting that the tank system has sufficient structural integrity and is
acceptable for the storing and treating of hazardous waste. This assessment
must include, at a minimum, the following information:
1) Design standards for the construction of
tanks or the ancillary equipment.
2) Hazardous characteristics of the wastes to
be handled.
3) For new tank systems
or components in which the external shell of a metal tank or any external metal
component of the tank system will be in contact with the soil or with water, a
determination by a corrosion expert of the following:
A) Factors affecting the potential for
corrosion, such as the following:
i) Soil
moisture content;
ii) Soil
pH;
iii) Soil sulfides
level;
iv) Soil resistivity;
v) Structure to soil
potential;
vi) Existence of stray
electric current; and
vii) Existing
corrosion-protection measures (for example, coating, cathodic protection,
etc.).
B) The type and
degree of external corrosion protection needed to ensure the integrity of the
tank system during the use of the tank system or component, consisting of one
or more of the following:
i)
Corrosion-resistant materials of construction (such as special alloys,
fiberglass reinforced plastic, etc.);
ii) Corrosion-resistant coating (such as
epoxy, fiberglass, etc.) with cathodic protection (for example, impressed
current or sacrificial anodes); and
iii) Electrical isolation devices (such as
insulating joints, flanges, etc.).
4) Design considerations to ensure that the
following will occur:
A) Tank foundations will
maintain the load of a full tank;
B) Tank systems will be anchored to prevent
flotation or dislodgment where the tank system is placed in a saturated zone,
or is located within a seismic fault zone subject to the standards of Section
727.110(i)(1);
and
C) Tank systems will withstand
the effects of frost heave.
BOARD NOTE: Subsection (b) is derived from
40
CFR 267.191 (2017).
c) Handling and
Inspection Procedures During Installation of New Tank Systems
1) The facility owner or operator must ensure
that it follows proper handling procedures to prevent damage to a new tank
system during installation. Before placing a new tank system or component in
use, an independent, qualified installation inspector or an independent,
qualified, registered professional engineer, either of whom is trained and
experienced in the proper installation of tank systems or components, must
inspect the system for the presence of any of the following items:
A) Weld breaks;
B) Punctures;
C) Scrapes of protective coatings;
D) Cracks;
E) Corrosion; or
F) Other structural damage or inadequate
construction or installation.
2) The facility owner or operator must remedy
all discrepancies before the tank system is placed in use.
BOARD NOTE: Subsection (c) is derived from
40
CFR 267.192 (2017).
d) Testing Requirements. The
facility owner or operator must test all new tanks and ancillary equipment for
tightness before you place them in use. If the owner or operator finds a tank
system that is not tight, it must perform all repairs necessary to remedy the
leaks in the system before it covers, encloses, or places the tank system into
use.
BOARD NOTE: Subsection (d) is derived from
40 CFR
267.193 (2017).
e) Installation Requirements
1) The facility owner or operator must
support and protect ancillary equipment against physical damage and excessive
stress due to settlement, vibration, expansion, or contraction.
2) The facility owner or operator must
provide the type and degree of corrosion protection recommended by an
independent corrosion expert, based on the information provided pursuant to
subsection (b)(3), to ensure the integrity of the tank system during use of the
tank system. An independent corrosion expert must supervise the installation of
a corrosion protection system that is field fabricated to ensure proper
installation.
3) The facility owner
or operator must obtain, and keep at the facility, written statements by those
persons required to certify the design of the tank system and to supervise the
installation of the tank system as required in subsections (c), (d), (e)(1),
and (e)(2). The written statement must attest that the tank system was properly
designed and installed and that the owner or operator made repairs pursuant to
subsections (c) and (d). These written statements must also include the
certification statement as required in 35 Ill. Adm. Code
702.126(d).
BOARD NOTE: Subsection (e) is derived from
40 CFR
267.194 (2017).
f) Secondary Containment Requirements. To
prevent the release of hazardous waste or hazardous constituents to the
environment, the owner or operator must provide secondary containment that
meets the requirements of this subsection (f) for all new and existing tank
systems.
1) Secondary containment systems
must meet both of the following requirements:
A) It must be designed, installed, and
operated to prevent any migration of wastes or accumulated liquid out of the
system to any soil, groundwater, or surface water at any time during the use of
the tank system; and
B) It must be
capable of detecting and collecting releases and accumulated liquids until the
collected material is removed.
2) To meet the requirements of subsection
(f)(1), secondary containment systems must meet all of the following minimum
requirements:
A) 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);
B) 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;
C) 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; and
D) It must be sloped or otherwise designed or
operated to drain and remove liquids resulting from leaks, spills, or
precipitation. The facility owner or operator must remove spilled or leaked
waste and accumulated precipitation from the secondary containment system
within 24 hours, or as promptly as possible, to prevent harm to human health
and the environment.
BOARD NOTE: Subsection (f) is derived from
40 CFR
267.195 (2017).
g) Required Devices for Secondary
Containment and Their Design, Operating, and Installation Requirements
1) Secondary containment for tanks must
include one or more of the following features:
A) A liner (external to the tank);
B) A double-walled tank; and
C) An equivalent device; the owner or
operator must maintain documentation of equivalency at the facility.
2) An external liner system must
fulfill the following requirements:
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. The 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;
and
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 (that is, it must be capable of preventing lateral as well as vertical
migration of the waste).
3) A double-walled tank must fulfill the
following requirements:
A) It must be
designed as an integral structure (that is, it must be 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.
BOARD NOTE: Subsection (g) is derived from
40
CFR 267.196 (2017).
h) Requirements for
Ancillary Equipment. The facility owner or operator must provide ancillary
equipment with secondary containment (for example, trench, jacketing,
double-walled piping, etc.) that meets the requirements of subsections (f)(1)
and (f)(2), except for the following:
1)
Above ground 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 above ground
piping systems with automatic shut-off devices (for example, 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.
BOARD NOTE: Subsection (h) is derived from
40 CFR
267.197 (2017).
i) General Operating Requirements for Tank
Systems
1) The facility owner or operator
must not place hazardous wastes or treatment reagents in a tank system if the
substances could cause the tank, its ancillary equipment, or the containment
system to rupture, leak, corrode, or otherwise fail.
2) The facility owner or operator must use
appropriate controls and practices to prevent spills and overflows from tank or
containment systems. These include the following minimum requirements:
A) Spill prevention controls (for example,
check valves, dry disconnect couplings, etc.);
B) Overfill prevention controls (for example,
level sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank, etc.); and
C)
Sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind
action or by precipitation.
3) The facility owner or operator must comply
with the requirements of subsection (k) if a leak or spill occurs in the tank
system.
BOARD NOTE: Subsection (i) is derived from
40
CFR 267.198 (2017).
j) Inspection
Requirements. The facility owner or operator must comply with the following
requirements for scheduling, conducting, and documenting inspections:
1) It must develop and follow a schedule and
procedure for inspecting overfill controls;
2) It must inspect the following at least
once each operating day:
A) Aboveground
portions of the tank system to detect corrosion or releases of waste;
B) Data gathered from monitoring and leak
detection equipment (for example, pressure or temperature gauges, monitoring
wells, etc.) to ensure that the tank system is being operated according to its
design; and
C) The construction
materials and the area immediately surrounding the externally accessible
portion of the tank system, including the secondary containment system (for
example, dikes) to detect erosion or signs of releases of hazardous waste (for
example, wet spots, dead vegetation, etc.);
3) It must inspect cathodic protection
systems, if present, according to, at a minimum, the following schedule to
ensure that they are functioning properly:
A)
It must confirm that the cathodic protection system is operating properly
within six months after initial installation and annually thereafter;
and
B) It must inspect or test all
sources of impressed current, as appropriate, at least every other month;
and
4) It must document,
in the operating record of the facility, an inspection of those items in
subsections (j)(1) through (j)(3).
BOARD NOTE: Subsection (j) is derived from
40 CFR
267.199 (2017).
k) Required Actions in Case of a Leak or a
Spill. If there has been a leak or a spill from a tank system or secondary
containment system, or if either system is unfit for use, the facility owner or
operator must remove the system from service immediately, and it must satisfy
the following requirements:
1) It must
immediately stop the flow of hazardous waste into the tank system or secondary
containment system and inspect the system to determine the cause of the
release;
2) It must remove the
waste from the tank system or secondary containment system, as follows:
A) If the release was from the tank system,
the owner or operator must, within 24 hours after detecting the leak, remove as
much of the waste as is necessary to prevent further release of hazardous waste
to the environment and to allow inspection and repair of the tank system to be
performed; or
B) If the material
released was to a secondary containment system, the owner or operator must
remove all released materials within 24 hours or as quickly as possible to
prevent harm to human health and the environment;
3) It must immediately conduct a visual
inspection of the release and, based on that inspection, undertake the
following actions:
A) It must prevent further
migration of the leak or spill to soils or surface water; and
B) It must remove, and properly dispose of,
any visible contamination of the soil or surface water;
4) It must report any release to the
environment, except as provided in subsection (k)(4)(A), to the Agency within
24 hours after its detection. If the owner or operator has reported the release
to USEPA pursuant to federal 40 CFR 302, that report will satisfy this
requirement, subject to the following exceptions:
A) The facility owner or operator does not
need to report on a leak or spill of hazardous waste if it fulfills the
following conditions:
i) The spill was less
than or equal to a quantity of one pound (0.45 kg); and
ii) The facility owner or operator
immediately contained and cleaned up the spill; and
B) Within 30 days of detection of a release
to the environment, the owner or operator must submit a report to the Agency
that contains the following information:
i)
The likely route of migration of the release;
ii) The characteristics of the surrounding
soil (soil composition, geology, hydrogeology, climate, etc.);
iii) 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,
the owner or operator must submit these data to the Agency as soon as they
become available;
iv) The proximity
to downgradient drinking water, surface water, and populated areas; and
v) A description of response
actions taken or planned;
5) It must either close the system or make
necessary repairs, as follows:
A) Unless the
owner or operator satisfies the requirements of subsections (k)(5)(B) and
(k)(5)(C), it must close the tank system according to subsection (l);
B) If the cause of the release was a spill
that has not damaged the integrity of the system, the owner or operator may
return the system to service as soon as it removes the released waste and makes
any necessary repairs; or
C) If the
cause of the release was a leak from the primary tank system into the secondary
containment system, the owner or operator must repair the system before
returning the tank system to service; and
6) If the owner or operator has made
extensive repairs to a tank system in accordance with subsection (k)(5) (for
example, installation of an internal liner; repair of a ruptured primary
containment or secondary containment vessel, etc.), it may not return the tank
system to service unless the repair is certified by an independent, qualified,
registered, professional engineer in accordance with 35 Ill. Adm. Code
702.126(d),
as follows:
A) The engineer must certify that
the repaired system is capable of handling hazardous wastes without release for
the intended life of the system; and
B) The facility owner or operator must submit
this certification to the Agency within seven days after returning the tank
system to use.
BOARD NOTE: Subsection (k) is derived from
40 CFR
267.200 (2017).
l) Requirements When the
Owner or Operator Stops Operating the Tank System. When the facility owner or
operator close a tank system, it must remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.),
contaminated soils, and structures and equipment contaminated with waste, and
manage them as hazardous waste, unless 35 Ill. Adm. Code
721.103(d)
applies. The closure plan, closure activities, cost estimates for closure, and
financial responsibility for tank systems must meet all of the requirements
specified in Sections
727.210 and
727.240.
BOARD NOTE: Subsection (l) is derived from
40 CFR
267.201 (2017).
m) Special Requirements for Ignitable or
Reactive Wastes
1) The facility owner or
operator may not place ignitable or reactive waste in tank systems, unless any
of the following three conditions are fulfilled:
A) The owner or operator treats, renders, or
mixes the waste before or immediately after placement in the tank system so
that the following is true:
i) The owner or
operator complies with Section
727.110(h)(2);
and
ii) The resulting waste,
mixture, or dissolved material no longer meets the definition of ignitable or
reactive waste pursuant to 35 Ill. Adm. Code
721.121
or
721.123;
B) The owner or operator stores or
treats the waste in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
C) The facility owner or operator uses the
tank system solely for emergencies.
2) If the facility owner or operator stores
or treats ignitable or reactive waste in a tank, it must comply with the
requirements for the maintenance of protective distances between the waste
management area and any public ways, streets, alleys, or an adjoining property
line that can be built on, as required in Tables 2-1 through 2-6 of "Flammable
and Combustible Liquids Code", NFPA 30, incorporated by reference in 35 Ill.
Adm. Code
720.111(a)
).
BOARD NOTE: Subsection (m) is derived from
40
CFR 267.202 (2017).
n) Special Requirements for
Incompatible Wastes
1) A facility owner or
operator may not place incompatible wastes or incompatible wastes and materials
in the same tank system, unless it complies with Section
727.110(h)(2).
2) A facility owner or operator may not place
hazardous waste in a tank system that has not been decontaminated and that
previously held an incompatible waste or material, unless it complies with
Section
727.110(h)(2).
BOARD NOTE: Subsection (n) is derived from
40
CFR 267.203 (2017).
o) Air Emission Standards. The
facility owner or operator must manage all hazardous waste placed in a tank
following the requirements of Subparts AA, BB, and CC of 35 Ill. Adm. Code 724.
Under a RCRA standardized permit, the following control devices are
permissible: a thermal vapor incinerator, a catalytic vapor incinerator, a
flame, a boiler, a process heater, a condenser, or a carbon absorption
unit.
BOARD NOTE: Subsection (o) is derived from
40 CFR
267.204
(2017).
