Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1.
Scope.
This part applies to owners and operators of facilities that
use tank systems, including tank systems, sumps, and other such collection
devices or systems used in conjunction with drip pads, as defined in part
7045.0020 and regulated under part
7045.0541, to treat or store
hazardous waste, except as part
7045.0450, and items A and B
provide otherwise.
A. Tank systems
that are used to store or treat hazardous waste that contains no free liquids
and are situated inside a building with an impermeable floor are exempted from
the requirements in subpart
4. To demonstrate the absence
or presence of free liquids in the stored or treated waste, the following test
must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA publication
SW-846, incorporated in part
7045.0065, item D.
B. Tank systems, including sumps, as defined
in part
7045.0020, that serve as part of a
secondary containment system to collect or contain releases of hazardous wastes
are exempt from the requirements in subpart
4.
Subp. 2.
Assessment of existing tank
system's integrity.
The following requirements apply to existing tank
systems:
A. For each existing tank
system that does not have secondary containment meeting the requirements of
subpart
4, the owner or operator must
determine whether the tank system is leaking or is unfit for use. Except as
provided in item C, the owner or operator must obtain and keep on file at the
facility a written assessment reviewed and certified by an independent,
qualified registered professional engineer, that attests to the tank system's
integrity. The certification must include the statements in parts
7001.0070 and
7001.0540.
B. This assessment must determine that the
tank system is adequately designed and has sufficient structural strength and
compatibility with the wastes to be stored or treated to ensure that it will
not collapse, rupture, or fail. This assessment must consider the following:
(1) design standards, if available, according
to which the tank and ancillary equipment were constructed;
(2) hazardous characteristics of the waste
that has been and will be handled;
(3) existing corrosion protection
measures;
(4) documented age of the
tank system, if available (otherwise, an estimate of the age); and
(5) results of a leak test, internal
inspection, or other tank integrity examination. For nonenterable underground,
inground, or onground tanks, the assessment must include a leak test that is
capable of taking into account the effects of temperature variations, tank end
deflection, vapor pockets, and high water table effects. For other than
nonenterable underground, inground, or onground tanks and for ancillary
equipment, this assessment must include either a leak test, as described above,
or other integrity examination, that is certified by an independent, qualified,
registered professional engineer, that addresses cracks, leaks, corrosion, and
erosion. The certification must include the statements in parts
7001.0070 and
7001.0540.
C. Owners or operators of tank systems that
were required to conduct this assessment by Code of Federal Regulations, title
40, section 264.191(a), as amended, must conduct and keep this assessment on
file as required by that section. Owners or operators of all other existing
tank systems must conduct this assessment by February 8, 1990. Owners or
operators of tank systems that store or treat materials that become hazardous
wastes must conduct this assessment within 12 months after the date the waste
becomes a hazardous waste.
D. If,
as a result of the assessment conducted in accordance with item A, a tank
system is found to be leaking or unfit for use, the owner or operator must
comply with the requirements of subpart
8.
Subp. 3.
Design and installation of new
tank systems or components.
New tank systems and components must be designed as
follows:
A. Owners or operators of new
tank systems or components must obtain and submit a written assessment,
reviewed and certified by an independent, qualified registered professional
engineer, attesting that the tank system has sufficient structural integrity
and is acceptable for storing and treating hazardous waste. The owners or
operators of tank systems that were required to conduct this assessment by Code
of Federal Regulations, title 40, section 264.192(a), must submit this
assessment as required by that regulation. Owners or operators of other new
tank systems must submit this assessment to the commissioner at the time of
submittal of Part B information. The certification must include the statements
in parts
7001.0070 and
7001.0540. The assessment must
show 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 waste to be stored or
treated, and corrosion protection to ensure that it will not collapse, rupture,
or fail. This assessment, which will be used by the commissioner to review and
approve or disapprove the acceptability of the tank system design, must include
the following information:
(1) design
standards according to which tanks and/or the ancillary equipment are
constructed;
(2) hazardous
characteristics of the waste 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 factors affecting the potential for corrosion,
including soil moisture content, soil pH, soil sulfides level, soil
resistivity, structure to soil potential, influence of nearby underground metal
structures such as piping, existence of stray electric current, and existing
corrosion protection measures such as coating and cathodic protection. The
determination must also address the type and degree of external corrosion
protection that are needed to ensure the integrity of the tank system during
the use of the tank system or component. This protection must consist of
corrosion resistant materials of construction such as special alloys or
fiberglass reinforced plastic; corrosion resistant coating, such as epoxy or
fiberglass, with cathodic protection such as impressed current or sacrificial
anodes; or electrical isolation devices such as insulating joints, or
flanges;
(4) for underground tank
system components that are likely to be adversely affected by vehicular
traffic, a determination of design or operational measures that will protect
the tank system against potential damage;
(5) design considerations to ensure that tank
foundations will maintain the load of a full tank, tank systems will be
anchored to prevent flotation or dislodgement where the tank system is placed
in a saturated zone, and tank systems will withstand the effects of frost
heave; and
(6) any additional
information that the commissioner determines is relevant to the tank system
design.
B. The owner or
operator of a new tank system must ensure that proper handling procedures are
adhered to in order to prevent damage to the system during installation. Before
covering, enclosing, or 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 weld breaks, punctures, scrapes of protective coatings,
cracks, corrosion, or other structural damage or inadequate construction or
installation. All discrepancies must be remedied before the tank system is
covered, enclosed, or placed in use.
C. New tank systems or components that are
placed underground and that are backfilled must be provided with a backfill
material that is a noncorrosive, porous, homogeneous substance and that is
installed so that the backfill is placed completely around the tank and
compacted to ensure that the tank and piping are fully and uniformly
supported.
D. All new tanks and
ancillary equipment must be tested for tightness before being covered,
enclosed, or placed in use. If a tank system is found not to be tight, all
repairs necessary to remedy the leaks in the system must be performed before
the tank system is covered, enclosed, or placed into use.
E. Ancillary equipment must be supported and
protected against physical damage and excessive stress due to settlement,
vibration, expansion, or contraction.
F. The owner or operator must provide the
type and degree of corrosion protection recommended by an independent corrosion
expert, based on the information provided under item A, subitem (3), or other
corrosion protection if the commissioner believes other corrosion protection is
necessary to ensure the integrity of the tank system during use of the tank
system. The installation of a corrosion protection system that is field
fabricated must be supervised by an independent corrosion expert to ensure
proper installation.
G. The owner
or operator must obtain and keep on file at the facility written statements by
those persons required to certify the design of the tank system and supervise
the installation of the tank system in accordance with the requirements of
items A to F that attest that the tank system was properly designed and
installed and that repairs under items B and D were performed. The
certification must include the statements in parts
7001.0070 and
7001.0540.
Subp. 4.
Containment and detection of
releases.
The following requirements apply to the containment and
detection of releases from tanks:
A.
In order to prevent the release of hazardous waste or hazardous constituents to
the environment, secondary containment that meets the requirements of this part
must be provided, except as provided in item H.
B. Secondary containment systems must be:
(1) designed, installed, and operated to
prevent any migration of wastes or accumulated liquid out of the system to the
soil, ground water, 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 item B, secondary containment systems must be:
(1) constructed of or lined with materials
that are compatible with the waste 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) 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) 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
can demonstrate to the commissioner that existing detection technologies or
site conditions will not allow detection of a release within 24 hours;
and
(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 in as timely
a manner as is possible to prevent harm to human health and the environment, if
the owner or operator can demonstrate to the commissioner that removal of the
released waste or accumulated precipitation cannot be accomplished within 24
hours.
D. Unless a
petition is granted under part
7045.0075, subpart
7, 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
commissioner under part
7045.0075, subpart
6.
E. In addition to the requirements of items
B, C, and D, an external liner system of secondary containment systems must be:
(1) designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(2) designed and 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;
(3) free of cracks or gaps; and
(4) 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 tank; that is, capable of
preventing lateral as well as vertical migration of the waste.
F. In addition to the requirements
of items B, C, and D, a vault system must be:
(1) designed or operated to contain 100
percent of the capacity of the largest tank within its boundary;
(2) 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;
(3) constructed with chemical resistant water
stops in place at all joints, if any;
(4) 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;
(5) provided with a means to protect against
the formation and ignition of vapors within the vault, if the waste being
stored or treated meets the definition of ignitable waste under part
7045.0131, or reactive waste under
part
7045.0131 and may form an
ignitable or explosive vapor; and
(6) 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.
G. In addition to the requirements
of items B, C, and D, double walled tanks must be:
(1) designed as an integral structure, that
is, an inner tank completely enveloped within an outer shell, so that any
release from the inner tank is contained by the outer shell;
(2) protected, if constructed of metal, from
both corrosion of the primary tank interior and of the external surface of the
outer shell; and
(3) 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
can demonstrate to the commissioner, and the commissioner concludes, that the
existing detection technology or site conditions would not allow detection of a
release within 24 hours.
H. Ancillary equipment must be provided with
secondary containment, such as trench, jacketing, or double walled piping, that
meets the requirements of items B and C, except for:
(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 shutoff devices, such as
excess flow check valves, flow metering shutdown devices, and loss of pressure
actuated shutoff devices, that are visually inspected for leaks on a daily
basis.
Subp.
5. [Repealed, 20 SR 715]
Subp.
6.
General operating requirements.
A. Hazardous wastes or treatment reagents
must not be placed in a tank system if they could cause the tank, its ancillary
equipment, or the containment system to rupture, leak, corrode, or otherwise
fail.
B. The owner or operator must
use appropriate controls and practices to prevent spills and overflows from
tank or containment systems. These include:
(1) spill prevention controls such as check
valves and dry disconnect couplings;
(2) overfill prevention controls such as
level sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank; and
(3) maintenance
of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
wind action or by precipitation.
C. The owner or operator must comply with the
requirements of subpart
8 if a leak or spill occurs
in the tank system.
Subp.
7. [Renumbered by amendment as subp. 23, 13 SR 577]
Subp. 7.
Inspections.
The following requirements apply to inspections:
A. The owner or operator must develop and
follow a schedule and procedure for inspecting overfill controls.
B. The owner or operator must inspect at
least once each operating day:
(1)
aboveground portions of the tank system, if any, to detect corrosion or
releases of waste;
(2) data
gathered from monitoring and leak detection equipment, such as pressure or
temperature gauges and monitoring wells, to ensure that the tank system is
being operated according to its design; and
(3) the construction materials and the area
immediately surrounding the externally accessible portion of the tank system,
including the secondary containment system, such as dikes, to detect erosion or
signs of releases of hazardous waste such as wet spots and dead
vegetation.
C. The owner
or operator must inspect cathodic protection systems, if present, according to
the following schedule to ensure that they are functioning properly:
(1) the proper operation of the cathodic
protection system must be confirmed within six months after initial
installation and annually thereafter; and
(2) all sources of impressed current must be
inspected and/or tested, as appropriate, at least bimonthly.
D. The owner or operator must
document in the operating record of the facility an inspection of those items
in items A to C.
Subp.
8. [Renumbered by amendment as subp. 23, 13 SR 577]
Subp. 8.
Response to leaks or spills
and disposition of leaking or unfit for use tank systems.
The owner or operator of a tank system or secondary
containment system from which there has been a leak or spill, or which is unfit
for use, must satisfy the following requirements:
A. The owner or operator 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.
B. Removal of waste from tank system or
secondary containment system:
(1) If the
release was from the tank system, the owner or operator must, within 24 hours
after detection of the leak, or if the owner or operator demonstrates that it
is not possible, at the earliest practicable time, 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.
(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. The owner or operator must immediately
conduct a visual inspection of the release and, based upon that inspection:
(1) prevent further migration of the leak or
spill to soils or surface water; and
(2) remove and properly manage any visible
contamination of the soil or surface water.
D. Notification and reports.
(1) Any release to the environment must be
reported immediately upon detection to the Minnesota duty officer at (651)
649-5451 or (800) 627-3529.
(2)
Within 30 days of detection of a release to the environment, a report
containing the following information must be submitted to the commissioner. The
report must include the likely route of migration of the release; the
characteristics of the surrounding soil, including soil composition, geology,
hydrogeology, and climate; and 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 commissioner as soon as they become available.
The report must also address the proximity to downgradient drinking water,
surface water, and populated areas and a description of response actions taken
or planned.
(3) A leak or spill of
hazardous waste that is less than or equal to a quantity of one pound and
immediately contained and cleaned up is exempt from the requirements of subitem
(2).
E. Provision of
secondary containment, repair, or closure.
(1) Unless the owner or operator satisfies
the requirements of subitems (2) to (4), the tank system must be closed in
accordance with subpart
9.
(2) 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 the released waste 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 system
must be repaired before 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 owner or operator must provide the component of the system
from which the leak occurred with secondary containment that satisfies the
requirements of subparts
4 and
5 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 item F are satisfied. If a component is replaced to comply with
the requirements of this subitem, that component must satisfy the requirements
for new tank systems or components in subparts
3 to
5. Additionally, if a leak
has occurred in any portion of a tank system component that is not readily
accessible for visual inspection, such as the bottom of an inground or onground
tank, the entire component must be provided with secondary containment in
accordance with subparts
4 and
5 before being returned to
use.
F. If the owner or
operator has repaired a tank system in accordance with item E and the repair
has been extensive, such as installation of an internal liner or repair of a
ruptured primary containment or secondary containment vessel, the tank system
must not be returned to service unless the owner or operator has obtained a
certification by an independent, qualified, registered professional engineer
that the repaired system is capable of handling hazardous wastes without
release. This certification must be submitted to the commissioner before
returning the tank system to use and must include the statements in parts
7001.0070 and
7001.0540.
Subp. 9. [Repealed, 20 SR 715]
Subp. 9.
Closure and postclosure
care.
The requirements for closure and postclosure care of tank
systems are as follows:
A. At closure
of a tank system, the owner or operator must remove or decontaminate all waste
residues, contaminated containment system components, such as liners,
contaminated soils, and structures and equipment contaminated with waste, and
manage them as hazardous waste unless it can be demonstrated that they are not
a hazardous waste. Metal tanks and tank system components that have been
decontaminated in accordance with an approved closure plan prepared in
accordance with part
7045.0486, subpart
3, or 7045.0594, subpart
3, must be considered scrap
metal for purposes of part
7045.0125, subpart
4, and if recycled, are not
subject to parts
7045.0205 to
7045.0685. The closure plan,
closure activities, cost estimates for closure, and financial responsibility
for tank systems must meet all of the requirements of parts
7045.0486 to
7045.0524.
B. If the owner or operator demonstrates that
not all contaminated soils can be practicably removed or decontaminated as
required in item A, then the owner or operator must close the tank system and
perform postclosure care in accordance with the closure and postclosure care
requirements of part
7045.0538, subpart
7. In addition, for the
purposes of closure, postclosure, and financial responsibility, the tank system
is then considered to be a landfill, and the owner or operator must meet all of
the requirements of parts
7045.0486 to
7045.0524.
C. If an owner or operator has a tank system
that does not have secondary containment that meets the requirements of subpart
4, items B to F, and has not
been granted a petition under part
7045.0075, subpart
6 or
7, then:
(1) the closure plan for the tank system must
include both a plan for complying with item A and a contingent plan for
complying with item B;
(2) a
contingent postclosure plan for complying with item B must be prepared and
submitted as part of the permit application;
(3) the cost estimates calculated for closure
and postclosure care must reflect the costs of complying with the contingent
closure plan and the contingent postclosure plan, if those costs are greater
than the costs of complying with the closure plan prepared for the expected
closure under item A;
(4) financial
assurance must be based on the cost estimates in subitem (3); and
(5) for the purposes of the contingent
closure and postclosure plans, the tank system is considered to be a landfill,
and the contingent plans must meet all of the closure, postclosure, and
financial responsibility requirements of parts
7045.0486 to
7045.0524.
Subp. 10.
Special
requirements for ignitable or reactive waste.
Ignitable or reactive waste must not be placed in a tank
unless:
A. the waste is treated,
rendered, or mixed before or immediately after placement in the tank so that
the resulting waste, mixture, or dissolved material no longer meets the
definition of ignitable or reactive waste under part
7045.0131, subparts
2 and
5, and compliance with part
7045.0456, subpart
2 is maintained;
B. the waste is stored or treated in such a
way that it is protected from any materials or conditions which may cause the
waste to ignite or react; or
C. the
tank is used solely for emergencies.
The owner or operator of a facility that treats or stores
ignitable or reactive waste in a tank shall 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 upon, as required in the buffer zone requirements for tanks contained in
the Minnesota State Fire Code, chapter 7510. As required by part
7045.0458, the waste analysis plan
must include analyses needed to comply with these special requirements for
ignitable or reactive waste. Additional requirements for ignitable and reactive
wastes are contained in part
7045.0456, subpart
1.
Part
7045.0456, subpart
3 also requires waste
analysis, trial tests, or other documentation to ensure compliance with part
7045.0456, subpart
2. As required by part
7045.0478, the owner or operator
shall place the results of each waste analysis and trial test, and any
documented information, in the operating record of the facility.
Subp. 11.
Special
requirements for incompatible wastes.
Incompatible wastes or incompatible wastes and materials,
must not be placed in the same tank, unless compliance with part
7045.0456, subpart
2 is maintained.
Hazardous waste must not be placed in a tank system that has
not been decontaminated and which previously held an incompatible waste or
material, unless compliance with part
7045.0456, subpart
2 is maintained. As required
by part
7045.0458, the waste analysis plan
must include analyses needed to comply with these special requirements for
incompatible wastes. Part
7045.0456, subpart
3 also requires waste
analyses, trial tests, or other documentation to ensure compliance with part
7045.0456, subpart
2. As required by part
7045.0478, the owner or operator
shall place the results of each waste analysis and trial test, and any
documented information, in the operating record of the facility.
Subp. 12.
Air emission
standards.
The owner or operator of a facility must manage all hazardous
waste placed in a tank in accordance with parts
7045.0540,
7045.0549, and
7045.0551.
Statutory Authority: MS s
116.07;
116.37