Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability.
(a) The regulations in WAC
173-303-640 apply to owners and operators of facilities that use tank systems
to treat or store dangerous waste, except as (b), (c), and (d) of this
subsection provides otherwise.
(b)
Tank systems that are used to store or treat dangerous waste which contain no
free liquids and are situated inside a building with an impermeable floor are
exempted from the requirements in subsection (4) of this section. To
demonstrate the absence or presence of free liquids in the stored/treated
waste, the Paint Filter Liquids Test Method 9095B described in "Test
Methods for Evaluating Solid Wastes, Physical/Chemical Methods" EPA
Publication SW-846 as incorporated by reference at WAC
173-303-110(3)(a)
must be used.
(c) Tank systems,
including sumps, as defined in WAC
173-303-040, that
serve as part of a secondary containment system to collect or contain releases
of dangerous wastes are exempted from the requirements in subsection (4)(a) of
this section.
(d) Tanks, sumps, and
other such collection devices or systems used in conjunction with drip pads, as
defined in WAC
173-303-040 and
regulated under WAC
173-303-675, must meet
the requirements of this section.
(2) Assessment of existing tank system's
integrity.
(a) For each existing tank system,
the owner or operator must determine that the tank system is not leaking or is
fit for use. Except as provided in (b) of this subsection, 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, in accordance with WAC
173-303-810(13)(a),
that attests to the tank system's integrity by January 12, 1988, for
underground tanks that do not meet the requirements of subsection (4) of this
section and that cannot be entered for inspection, or by January 12, 1990, for
all other tank systems.
(b) Tank
systems that store or treat materials that become dangerous wastes subsequent
to January 12, 1989, must conduct this assessment within twelve months after
the date that the waste becomes a dangerous waste.
(c) This assessment must determine that the
tank system is adequately designed and has sufficient structural strength and
compatibility with the waste(s) to be stored or treated, to ensure that it will
not collapse, rupture, or fail. At a minimum, this assessment must consider the
following:
(i) Design standard(s), if
available, according to which the tank system was constructed;
(ii) Dangerous characteristics of the
waste(s) that have been and will be handled;
(iii) Existing corrosion protection
measures;
(iv) Documented age of
the tank system, if available (otherwise, an estimate of the age);
and
(v) Results of a leak test,
internal inspection, or other tank system integrity examination such that:
(A) For nonenterable underground 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; and
(B) For
other than nonenterable underground 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, in accordance with WAC
173-303-810(13)(a),
that addresses cracks, leaks, corrosion, and erosion.
(d) If, as a result of the
assessment conducted in accordance with (a) of this subsection, a tank system
is found to be leaking or unfit for use, the owner or operator must comply with
the requirements of subsection (7) of this section.
(e) The owner or operator must develop a
schedule for conducting integrity assessments over the life of the tank system
to ensure that the tank system retains its structural integrity and will not
collapse, rupture, or fail. The schedule must be based on the results of past
integrity assessments, age of the tank system, materials of construction,
characteristics of the waste, and any other relevant factors.
(3) Design and installation of new
tank systems or components.
(a) Owners or
operators of new tank systems or components must obtain (and for facilities
that are pursuing or have obtained a final status permit, submit to the
department, at time of submittal of Part B information) a written assessment,
reviewed and certified by an independent, qualified registered professional
engineer, in accordance with WAC
173-303-810(13)(a),
attesting that the tank system has sufficient structural integrity and is
acceptable for the storing and treating of dangerous waste. 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(s) 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 department to review and
approve or disapprove the acceptability of the tank system design at facilities
which are pursuing or have obtained a final status permit) must include, at a
minimum, the following information:
(i)
Design standard(s) according to which tank system(s) are constructed;
(ii) Dangerous characteristics of the
waste(s) to be handled;
(iii) 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:
(A) Factors affecting the potential for
corrosion, including but not limited to:
(I)
Soil moisture content;
(II) Soil
pH;
(III) Soil sulfides
level;
(IV) Soil
resistivity;
(V) Structure to soil
potential;
(VI) Influence of nearby
underground metal structures (e.g., piping);
(VII) Existence of stray electric
current;
(VIII) Existing
corrosion-protection measures (e.g., coating, cathodic protection);
and
(B) 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, 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 (e.g., impressed current or
sacrificial anodes); and
(III)
Electrical isolation devices such as insulating joints, flanges, etc.
Note:
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The practices described in the National Association
of Corrosion Engineers (NACE) standard, "Recommended Practice
(RP-02-85)-Control of External Corrosion on Metallic Buried, Partially Buried,
or Submerged Liquid Storage Systems," and the American Petroleum Institute
(API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage
Tanks and Piping Systems," may be used, where applicable, as guidelines in
maintaining and inspecting cathodic protection systems.
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(iv) 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; and
(v) Design
considerations to ensure that:
(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 either placed in a saturated
zone, or is located less than five hundred feet from a fault which has had
displacement in Holocene times; and
(C) Tank systems will withstand the effects
of frost heave.
(b) The owner or operator must develop a
schedule for conducting integrity assessments over the life of the tank system
to ensure that the tank system retains its structural integrity and will not
collapse, rupture or fail. The schedule must be based on the results of past
integrity assessments, age of the tank system, materials of construction,
characteristics of the waste, and any other relevant factors.
(c) 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. Prior to 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 any
of the following items:
(i) Weld
breaks;
(ii) Punctures;
(iii) Scrapes of protective
coatings;
(iv) Cracks;
(v) Corrosion;
(vi) Other structural damage or inadequate
construction/installation.
All discrepancies must be remedied before the tank system is
covered, enclosed, or placed in use.
(d) 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.
(e) All new tanks and
ancillary equipment must be tested for tightness prior to being covered,
enclosed, or placed in use. If a tank system is found not to be tight, all
repairs necessary to remedy the leak(s) in the system must be performed prior
to the tank system being covered, enclosed, or placed into use.
(f) Ancillary equipment must be supported and
protected against physical damage and excessive stress due to settlement,
vibration, expansion, or contraction.
Note:
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The piping system installation procedures described
in American Petroleum Institute (API) Publication 1615 (November 1979),
"Installation of Underground Petroleum Storage Systems," or ANSI Standard
B31.3, "Petroleum Refinery Piping," and ANSI Standard B31.4 "Liquid Petroleum
Transportation Piping System," may be used, where applicable, as guidelines for
proper installation of piping systems.
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(g) 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
(a)(iii) of this subsection, or other corrosion protection if the department
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.
(h) 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 (b) through (g) of this
subsection, that attest that the tank system was properly designed and
installed and that repairs, pursuant to (c) and (e) of this subsection, were
performed. These written statements must also include the certification
statement as required in WAC
173-303-810(13)(a).
(4) Containment and detection of releases.
(a) In order to prevent the release of
dangerous waste or dangerous constituents to the environment, secondary
containment that meets the requirements of this subsection must be provided
(except as provided in (f) and (g) of this subsection):
(i) For all new and existing tank systems or
components, prior to their being put into service.
(ii) For tank systems that store or treat
materials that become dangerous wastes, within two years of the dangerous waste
listing, or when the tank system has reached fifteen years of age, whichever
comes later.
(b)
Secondary containment systems must be:
(i)
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
(ii) Capable of detecting and collecting
releases and accumulated liquids until the collected material is
removed.
(c) To meet the
requirements of (b) of this subsection, secondary containment systems must be
at a minimum:
(i) Constructed of or lined
with materials that are compatible with the waste(s) 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,
stress of installation, and the stress of daily operations (including stresses
from nearby vehicular traffic);
(ii) 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;
(iii) 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
dangerous waste or accumulated liquid in the secondary containment system
within twenty-four hours, or at the earliest practicable time if the owner or
operator can demonstrate to the department that existing detection technologies
or site conditions will not allow detection of a release within twenty-four
hours; and
(iv) 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 twenty-four 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 department that
removal of the released waste or accumulated precipitation cannot be
accomplished within twenty-four hours.
Note:
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If the collected material is a dangerous waste under
WAC
173-303-070,
it is subject to management as a dangerous waste in accordance with all
applicable requirements of WAC
173-303-170
through
173-303-400
and WAC
173-303-600
through
173-303-695.
If the collected material is discharged through a point source to waters of the
United States, it is subject to the requirements of sections 301, 304, and 402
of the Clean Water Act, as amended. If discharged to a publicly owned treatment
works (POTW), it is subject to the requirements of section 307 of the Clean
Water Act, as amended. If the collected material is released to the
environment, it may be subject to the reporting requirements of 40 C.F.R. Part
302.
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(d) Secondary containment for tanks must
include one or more of the following devices:
(i) A liner (external to the tank);
(ii) A vault;
(iii) A double-walled tank; or
(iv) An equivalent device as approved by the
department.
(e) In
addition to the requirements of (b), (c), and (d) of this subsection, secondary
containment systems must satisfy the following requirements:
(i) External liner systems must be:
(A) Designed or operated to contain one
hundred percent of the capacity of the largest tank within its
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 twenty-five-year, twenty-four-hour rainfall
event.
(C) Free of cracks or gaps;
and
(D) 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(s) (i.e.,
capable of preventing lateral as well as vertical migration of the
waste).
(ii) Vault
systems must be:
(A) Designed or operated to
contain one hundred percent of the capacity of the largest tank within its
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 twenty-five-year, twenty-four-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 WAC
173-303-090(5);
or
(II) Meets the definition of
reactive waste under WAC
173-303-090(7),
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.
(iii)
Double-walled tanks must be:
(A) 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) Protected, if
constructed of metal, from both corrosion of the primary tank interior and of
the external surface of the outer shell; and
(C) Provided with a built-in continuous leak
detection system capable of detecting a release within twenty-four hours, or at
the earliest practicable time, if the owner or operator can demonstrate to the
department, and the department concludes, that the existing detection
technology or site conditions would not allow detection of a release within
twenty-four hours.
Note:
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The provisions outlined in the Steel Tank Institute's
(STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as
guidelines for aspects of the design of underground steel double-walled
tanks.
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(f) Ancillary equipment must be provided with
secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of (b) and (c) of this subsection except for:
(i) Aboveground piping (exclusive of flanges,
joints, valves, and other connections) that are visually inspected for leaks on
a daily basis;
(ii) Welded flanges,
welded joints, and welded connections, that are visually inspected for leaks on
a daily basis;
(iii) Sealless or
magnetic coupling pumps and sealless valves, that are visually inspected for
leaks on a daily basis; and
(iv)
Pressurized aboveground piping systems with automatic shutoff devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shutoff devices) that are visually inspected for leaks on a daily
basis.
(g) The owner or
operator may obtain a variance from the requirements of this subsection if the
department finds, as a result of a demonstration by the owner or operator that
alternative design and operating practices, together with location
characteristics, will prevent the migration of any dangerous waste or dangerous
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, per a demonstration in
accordance with (g)(ii) of this subsection, be exempted from the secondary
containment requirements of this section.
(i)
In deciding whether to grant a variance based on a demonstration of equivalent
protection of groundwater and surface water, the department will consider:
(A) The nature and quantity of the
wastes;
(B) The proposed alternate
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 dangerous constituents and the potential for
them to migrate to groundwater or surface water.
(ii) In deciding whether to grant a variance
based on a demonstration of no substantial present or potential hazard, the
department will consider:
(A) The potential
adverse effects on groundwater, surface water, and land quality taking 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 ground-water 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
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 any 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 effects of a
release on the land surrounding the tank system, taking into account:
(I) The patterns of rainfall in the region;
and
(II) The current and future
uses of the surrounding land.
(iii) The owner or operator of a tank system,
for which a variance from secondary containment had been granted in accordance
with the requirements of (g)(i) of this subsection, at which a release of
dangerous waste has occurred from the primary tank system but has not migrated
beyond the zone of engineering control (as established in the variance), must:
(A) Comply with the requirements of
subsection (7) of this section, except subsection (7)(d) of this section;
and
(B) Decontaminate or remove
contaminated soil to the extent necessary to:
(I) Enable the tank system for which the
variance was 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
dangerous waste or dangerous constituents to groundwater or surface
water.
(C) If
contaminated soil cannot be removed or decontaminated in accordance with
(g)(iii)(B) of this subsection, comply with the requirements of subsection (8)
of this section.
(iv) The
owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of (g)(i) of
this subsection, at which a release of dangerous waste has occurred from the
primary tank system and has migrated beyond the zone of engineering control (as
established in the variance), must:
(A) Comply
with the requirements of subsection (7)(a), (b), (c), and (d) of this section;
and
(B) Prevent the migration of
dangerous waste or dangerous constituents to groundwater or surface water, if
possible, and decontaminate or remove contaminated soil. If contaminated soil
cannot be decontaminated or removed or if ground-water has been contaminated,
the owner or operator must comply with the requirements of subsection (8)(b) of
this section; and
(C) If repairing,
replacing, or reinstalling the tank system, provide secondary containment in
accordance with the requirements of (a) through (f) of this subsection or
reapply for a variance from secondary containment and meet the requirements for
new tank systems in subsection (3) of this section if the tank system is
replaced. The owner or operator must comply with these requirements even if
contaminated soil can be decontaminated or removed and groundwater or surface
water has not been contaminated.
(h) The following procedures must be followed
in order to request a variance from secondary containment:
(i) The department must be notified in
writing by the owner or operator that they intend to conduct and submit a
demonstration for a variance from secondary containment as allowed in (g) of
this subsection according to the following schedule:
(A) For existing tank systems, at least
twenty-four months prior to the date that secondary containment must be
provided in accordance with (a) of this subsection.
(B) For new tank systems, at least thirty
days prior to entering into a contract for installation.
(ii) As part of the notification, the owner
or operator must also submit to the department 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 (g)(i)
or (ii) of this subsection;
(iii)
The demonstration for a variance must be completed within one hundred eighty
days after notifying the department of an intent to conduct the demonstration;
and
(iv) If a variance is granted
under this subsection, the department will require the permittee to construct
and operate the tank system in the manner that was demonstrated to meet the
requirements for the variance.
(i) All tank systems, until such time as
secondary containment that meets the requirements of this section is provided,
must comply with the following:
(i) For
nonenterable underground tanks, a leak test that meets the requirements of
subsection (2)(c)(v) of this section or other tank integrity method, as
approved or required by the department, must be conducted at least
annually.
(ii) For other than
nonenterable underground tanks, the owner or operator must either conduct a
leak test as in (i)(i) of this subsection or develop a schedule and procedure
for an assessment of the overall condition of the tank system by an
independent, qualified registered 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.
(iii) For ancillary equipment, a leak test or
other integrity assessment as approved by the department must be conducted at
least annually.
Note:
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Three publications may be used, where applicable, as
guidelines in conducting other than a leak test: Tank Inspection,
Repair, Alteration, and Reconstruction, API Standard 653, Fourth
Edition, April 2009; Guidance for Assessing and Certifying Tank Systems
that Store and Treat Dangerous Waste, Ecology Publication No. 94-114;
and Steel Tank Institute publication #SP001-05
Standard for the Inspection of Aboveground Storage Tanks 5th
Edition, revised September 2011.
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(iv)
The owner or operator must maintain on file at the facility a record of the
results of the assessments conducted in accordance with (i)(i) through (iii) of
this subsection.
(v) 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 (i)(i) through (iii) of this subsection, the owner
or operator must comply with the requirements of subsection (7) of this
section.
(5)
General operating requirements.
(a) Dangerous
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 at a minimum:
(i) Spill prevention controls (e.g., check
valves, dry disconnect couplings);
(ii) Overfill prevention controls (e.g.,
level sensing devices, high level alarms, automatic feed cutoff, or bypass to a
standby tank); and
(iii)
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 subsection (7) of this section if a leak or spill occurs in
the tank system.
(d) All tank
systems holding dangerous waste must be:
(i)
Marked with labels or signs to identify the waste contained in the tank legible
at a distance of at least fifty feet. For underground tank systems, labels or
signs must be either placed on aboveground postings above each underground tank
system or at each entrance to the active portion (area where the underground
tank system is located).
(ii)
Clearly marked or labeled with the words "Dangerous Waste" or "Hazardous Waste"
legible at a distance of at least fifty feet, and for underground tank systems,
the markings or labels must either be placed on aboveground postings above each
underground tank system or at each entrance to the active portion (area where
the underground tank/tank system is located).
(iii) Clearly marked or labeled with an
indication of the hazards of the contents (example includes, but is not limited
to, the applicable dangerous waste characteristic(s) and criteria of ignitable,
corrosive, reactive and toxic and the applicable hazard(s) identified for
listed dangerous wastes) legible at a distance of at least fifty feet. All
hazard labels must include descriptive word(s) and/or pictogram(s) that
identifies the hazards associated with the waste being stored or treated in the
tank system(s) for the public, employees, emergency response personnel, and
waste handlers. For underground tank systems, markings or labels of the hazards
of the contents of the tank system must either be placed on above-ground
postings above each underground tank system, or at each entrance to the active
portion (area where the underground tank system is located).
(e) All tank systems holding
dangerous wastes which are acutely or chronically toxic by inhalation must be
designed to prevent escape of vapors, fumes, or other emissions into the
air.
(6) 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:
(i)
Aboveground portions of the tank system, if any, to detect corrosion or
releases of waste;
(ii) Data
gathered from monitoring and leak detection equipment (e.g., pressure or
temperature gauges, monitoring wells) to ensure that the tank system is being
operated according to its design; and
(iii) The construction materials and the area
immediately surrounding the externally accessible portion of the tank system,
including the secondary containment system (e.g., dikes) to detect erosion or
signs of releases of dangerous waste (e.g., wet spots, dead vegetation).
Note:
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WAC
173-303-320
requires the owner or operator to remedy any deterioration or malfunction they
find. Subsection (7) of this section requires the owner or operator to notify
the department within twenty-four hours of confirming a leak. Also, 40 C.F.R.
Part 302 may require the owner or operator to notify the National Response
Center of a release.
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(c) The owner or operator must inspect
cathodic protection systems, if present, according to, at a minimum, the
following schedule to ensure that they are functioning properly:
(i) The proper operation of the cathodic
protection system must be confirmed within six months after initial
installation and annually thereafter; and
(ii) All sources of impressed current must be
inspected and/or tested, as appropriate, at least bimonthly (i.e., every other
month).
Note:
|
The practices described in the National Association
of Corrosion Engineers (NACE) standard, "Recommended Practice
(RP-02-85)-Control of External Corrosion on Metallic Buried, Partially Buried,
or Submerged Liquid Storage Systems," and the American Petroleum Institute
(API) Publication 1632, "Cathodic Protection of Underground Petroleum Storage
Tanks and Piping Systems," may be used, where applicable, as guidelines in
maintaining and inspecting cathodic protection systems.
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(d) The owner or operator must document in
the operating record of the facility an inspection of those items in (a)
through (c) of this subsection. The owner or operator must keep a written or
electronic inspection log including at least the date and time of the
inspection, the printed name and the handwritten or electronic signature of the
inspector, a notation of the observations made and the date and nature of any
repairs or remedial actions taken. The log must be kept at the facility for at
least five years from the date of inspection.
(7) Response to leaks or spills and
disposition of leaking or unfit-for-use tank systems.
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 owner or operator must satisfy the following
requirements:
(a) Cessation of use;
prevent flow or addition of wastes. The owner or operator must immediately stop
the flow of dangerous 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.
(i) If the
release was from the tank system, the owner/ operator must, within twenty-four
hours after detection of the leak or, if the owner/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 dangerous waste to the
environment and to allow inspection and repair of the tank system to be
performed.
(ii) If the material
released was to a secondary containment system, all released materials must be
removed within twenty-four 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 owner/operator must immediately conduct a visual inspection of
the release and, based upon that inspection:
(i) Prevent further migration of the leak or
spill to soils or surface water; and
(ii) Remove, and properly dispose of, any
visible contamination of the soil or surface water.
(d) Notifications, reports.
(i) Any release to the environment must be
reported to the department and other authorities immediately in accordance with
WAC
173-303-145.
Any release above the "reportable quantity" must also be reported to the
National Response Center pursuant to 40 C.F.R. Part 302.
(ii) Within thirty days (or fifteen days if
classified as an emergency) of detection of a release to the environment, a
report containing the following information must be submitted to the
department:
(A) Likely route of migration of
the release;
(B) Characteristics of
the surrounding soil (soil composition, geology, hydrogeology,
climate);
(C) 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 days, these data must be submitted to the department as soon as they
become available;
(D) Proximity to
downgradient drinking water, surface water, and populated areas; and
(E) Description of response actions taken or
planned.
(F) In the event of an
emergency, additional information as required by WAC
173-303-360.
(e) Provision of
secondary containment, repair, or closure.
(i)
Unless the owner/operator satisfies the requirements of (e)(ii) through (iv) of
this subsection, the tank system must be closed in accordance with subsection
(8) of this section.
(ii) If the
cause of the release was a spill that has not damaged the integrity of the
system, the owner/operator may return the system to service as soon as the
released waste is removed and repairs, if necessary, are made.
(iii) 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.
(iv) If the source of the release was a leak
to the environment from a component of a tank system without secondary
containment, the owner/operator must provide the component of the system from
which the leak occurred with secondary containment that satisfies the
requirements of subsection (4) of this section 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 abo-veground
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 (f) of this subsection 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 subsections (3)
and (4) of this section. 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 subsection (4) of
this section prior to being returned to use.
(f) Certification of major repairs. If the
owner/operator has repaired a tank system in accordance with (e) of this
subsection, 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
owner/operator has obtained a certification by an independent, qualified,
registered, professional engineer in accordance with WAC
173-303-810(13)
(a) that the repaired system is capable of
handling dangerous wastes without release for the intended life of the system.
This certification must be submitted to the department within seven days after
returning the tank system to use.
Note:
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See WAC
173-303-320
for the requirements necessary to remedy a failure. Also, 40 C.F.R. Part 302
may require the owner or operator to notify the National Response Center of
certain releases.
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(8) Closure and post-closure care.
(a) At closure of a tank system, the owner or
operator 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 dangerous
waste, unless WAC
173-303-070(2)(a)
applies. The closure plan, closure activities, cost estimates for closure, and
financial responsibility for tank systems must meet all of the requirements
specified in WAC
173-303-610
and
173-303-620.
(b) If the owner or operator demonstrates
that not all contaminated soils can be practicably removed or decontaminated as
required in (a) of this subsection, then the owner or operator must close the
tank system and perform post-closure care in accordance with the closure and
post-closure care requirements that apply to landfills (see WAC
173-303-665(6)
). In addition, for the purposes of closure, post-closure, and financial
responsibility, such a tank system is then considered to be a landfill, and the
owner or operator must meet all of the requirements for landfills specified in
WAC
173-303-610
and
173-303-620.
(c) If an owner or operator has a tank system
that does not have secondary containment that meets the requirements of
subsection (4)(b) through (f) of this section and is not exempt from the
secondary containment requirements in accordance with subsection (4)(g) of this
section, then:
(i) The closure plan for the
tank system must include both a plan for complying with (a) of this subsection
and a contingent plan for complying with (b) of this subsection.
(ii) A contingent post-closure plan for
complying with (b) of this subsection must be prepared and submitted as part of
the permit application.
(iii) The
cost estimates calculated for closure and post-closure care must reflect the
costs of complying with the contingent closure plan and the contingent
post-closure plan, if those costs are greater than the costs of complying with
the closure plan prepared for the expected closure under (a) of this
subsection.
(iv) Financial
assurance must be based on the cost estimates in (c)(iii) of this
subsection.
(v) For the purposes of
the contingent closure and post-closure plans, such a tank system is considered
to be a landfill, and the contingent plans must meet all of the closure,
post-closure, and financial responsibility requirements for landfills under
this chapter (WAC
173-303-610
and
173-303-620
).
(9) Special
requirements for ignitable or reactive wastes.
(a) Ignitable or reactive waste must not be
placed in tank systems unless:
(i) The waste
is treated, rendered, or mixed before or immediately after placement in the
tank system so that the resulting waste, mixture, or dissolution of material no
longer meets the definition of ignitable or reactive waste under WAC
173-303-090,
and
173-303-395(1)(b)
is complied with; or
(ii) The waste
is stored or treated in such a way that it is protected from any material or
conditions which may cause the waste to ignite or react; or
(iii) The tank system is used solely for
emergencies.
(b) The
owner or operator of a facility which treats or stores ignitable or reactive
waste in tanks must locate the tanks in a manner equivalent to the National
Fire Protection Association's buffer zone requirements for tanks, contained in
NFPA 30 "Flammable and Combustible Liquids Code," or as required by state and
local fire codes when such codes are more stringent. The owner or operator must
also comply with the requirements of WAC
173-303-395(1)(d).
(10) Special requirements for
incompatible wastes.
(a) Incompatible wastes,
or incompatible wastes and materials, must not be placed in the same tank
system, unless WAC
173-303-395(1)(b)
is complied with.
(b) Dangerous
waste must not be placed in a tank system that has not been decontaminated and
that previously held an incompatible waste or material, unless WAC
173-303-395(1)(b)
is complied with.
(11)
Air emission standards. The owner or operator must manage all hazardous waste
placed in a tank in accordance with the applicable requirements of 40 C.F.R.
Part 264, Sub-parts AA, BB, and CC, which are incorporated by reference at WAC
173-303-690
through
173-303-692.
Statutory Authority:
Chapters
70.105 and
70.105D RCW. 09-14-105 (Order
07-12), § 173-303-640, filed 6/30/09, effective 7/31/09. Statutory
Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-640, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-640, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 95-22-008 (Order
94-30), § 173-303-640, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-640, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapter
70.105 RCW. 89-02-059
(Order 88-24), § 173-303-640, filed 1/4/89; 86-12-057 (Order DE-85-10),
§ 173-303-640, filed 6/3/86; 84-09-088 (Order DE 83-36), §
173-303-640, filed 4/18/84. Statutory Authority:
Chapter
70.105 RCW and
RCW
70.95.260. 82-05-023 (Order DE 81-33), §
173-303-640, filed 2/10/82. Formerly chapter 173-302
WAC.