Current through Register Vol. 48, No. 9, September 27, 2024
A tank system or secondary containment system from which
there has been a leak or spill, or which is unfit for use, must be removed from
service immediately, and the remanufacturer or other person that stores or
treats the hazardous secondary material must satisfy the following
requirements:
(a) Cessation of use;
prevent flow or addition of materials. The remanufacturer or other person that
stores or treats the hazardous secondary material must immediately stop the
flow of hazardous secondary material into the tank system or secondary
containment system and inspect the system to determine the cause of the
release.
(b) Removal of material
from tank system or secondary containment system.
(1) If the release was from the tank system,
the remanufacturer or other person that stores or treats the hazardous
secondary material must, within twenty-four (24) hours after detection of the
leak or, if the remanufacturer or other person that stores or treats the
hazardous secondary material demonstrates that it is not possible, at the
earliest practicable time, remove as much of the material as is necessary to
prevent further release of hazardous secondary material 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
twenty-four (24) hours or in as timely a manner as is possible to prevent harm
to human health and the environment.
(c) Containment of visible releases to the
environment. The remanufacturer or other person that stores or treats the
hazardous secondary material 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 dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
(1) Any release to the environment, except as
provided in paragraph (d)(2) of this section, must be reported to the
Department within twenty-four (24) hours of its detection. If the release has
been reported pursuant to 40 CFR part 302, that report will satisfy this
requirement.
(2) A leak or spill of
hazardous secondary material is exempted from the requirements of this
paragraph if it is:
(i) Less than or equal to
a quantity of one (1) pound, and
(ii) Immediately contained and cleaned
up.
(3) Within thirty
(30) days of detection of a release to the environment, a report containing the
following information must be submitted to the Department:
(i) Likely route of migration of the
release;
(ii) Characteristics of
the surrounding soil (soil composition, geology, hydrogeology,
climate);
(iii) 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
thirty (30) days, these data must be submitted to the Department as soon as
they become available.
(iv)
Proximity to downgradient drinking water, surface water, and populated areas;
and
(v) Description of response
actions taken or planned.
(e) Provision of secondary containment,
repair, or closure.
(1) Unless the
remanufacturer or other person that stores or treats the hazardous secondary
material satisfies the requirements of paragraphs (e)(2) through (4) of this
section, the tank system must cease to operate under the remanufacturing
exclusion at section 261.4(a)(27).
(2) If the cause of the release was a spill
that has not damaged the integrity of the system, the remanufacturer or other
person that stores or treats the hazardous secondary material may return the
system to service as soon as the released material 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 prior to 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 remanufacturer or other person that
stores or treats the hazardous secondary material must provide the component of
the system from which the leak occurred with secondary containment that
satisfies the requirements of section 261.193 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 paragraph (f) of this section are satisfied. Additionally, if a
leak has occurred in any portion of a tank system component that is not readily
accessible for visual inspection (e.g., the bottom of an inground or onground
tank), the entire component must be provided with secondary containment in
accordance with section 261.193 of this subpart prior to being returned to
use.
(f) Certification
of major repairs. If the remanufacturer or other person that
stores or treats the hazardous secondary material has repaired a tank system in
accordance with paragraph (e) of this section, and the repair has been
extensive (e.g., installation of an internal liner; repair of a ruptured
primary containment or secondary containment vessel), the tank system must not
be returned to service unless the remanufacturer or other person that stores or
treats the hazardous secondary material has obtained a certification by a
qualified Professional Engineer that the repaired system is capable of handling
hazardous secondary materials without release for the intended life of the
system. This certification must be kept on file at the facility and maintained
until closure of the facility.
Note 1 to section 261.196: EPA may, on the basis of any
information received that there is or has been a release of hazardous secondary
material or hazardous constituents into the environment, issue an order under
RCRA section 7003(a) requiring corrective action or such other response as
deemed necessary to protect human health or the environment.
Note 2 to section 261.196: 40 CFR part 302 may require the
owner or operator to notify the National Response Center of certain
releases.
