Ohio Admin. Code 3745-55-93 - Containment and detection of releases
(A) In order to prevent the release of
hazardous waste or hazardous constituents to the environment, secondary
containment that meets the requirements of this rule must be provided [except
as provided in paragraphs (F) and (G) of this rule]:
(5)
(2)
For tank systems that store or treat materials
that become hazardous wastes subsequent to January
12, 1987, within the time intervals required in paragraphs (A)(1) to (A)(4) of
this rule, except that the date that a material becomes a hazardous waste must
be used in place of January 12, 1987
. within
two years after the hazardous waste listing, or when the system has reached
fifteen years of age, whichever comes later .
(1) For all new and
existing tank systems or components, prior to their being put into
service;
(2) For all existing tank systems
used to store or treat EPA hazardous waste nos. F020, F021, F022, F023, F026,
and F027, within two years after January 12, 1987;
(3) For those existing tank systems
of known and documented age, within two years after January 12, 1987, or when
the tank system has reached fifteen years of age, whichever comes
later;
(4) For those existing tank systems
for which the age cannot be documented, within eight years of January 12, 1987;
but if the age of the facility is greater than seven years, secondary
containment must be provided by the time the facility reaches fifteen years of
age, or within two years of January 12, 1987, whichever comes later;
and
(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
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 paragraph (B) of this rule, secondary containment
systems must be, at a minimum:
(1)
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, 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 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 director that existing
detection technologies or site conditions will not allow detection of a release
within twenty-four 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
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 director that removal of the released waste or accumulated precipitation
cannot be accomplished within twenty-four hours.
[Note
part
(D)
Secondary containment for tanks must include one or more of the following
devices:
(1) A liner (external to the tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the
director.
(E) In
addition to the requirements of paragraphs (B), (C), and (D) of this rule,
secondary containment systems must satisfy the following requirements:
(1) External liner systems must be:
(a) Designed or operated to contain one
hundred per cent 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); and
(e) Constructed with
chemical-resistant water stops in place at all joints, if any (for concrete
liners only); and
(f) Provided with
an impermeable interior coating or lining that is compatible with the stored
waste and that will prevent migration of wastes into the concrete (for concrete
liners only).
(2) Vault
system must be:
(a) Designed or operated to
contain one hundred per cent 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 rule
3745-51-21
of the Administrative Code; or
(ii)
Meets the definition of reactive waste under rule
3745-51-23
of the Administrative Code and may form an ignitable or explosive vapor
.; and
(f) Provided with an exterior
moisture barrier or be otherwise designed or operated to prevent migration of
moisture into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks
must be:
(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 director, and the director concludes,
that the existing detection technology or site conditions would not allow
detection of a release within twenty-four hours.
[Note
(F) Ancillary equipment must be provided with
secondary containment (e.g., trench, jacketing, double-walled piping) that
meets the requirements of paragraphs (B) and (C) of this rule, 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 shut-off devices (e.g.,
excess flow check valves, flow metering shutdown devices, loss of
pressure-actuated shut-off 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 rule if
the director 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 hazardous waste or hazardous
constituents into the ground water 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 ground water 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 paragraph (G)(2) of this rule, be exempted from the secondary
containment requirements of this rule.
(1) In
deciding whether to grant a variance based on a demonstration of equivalent
protection of ground water and surface water, the director 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 ground water; and
(d) All other factors that would influence
the quality and mobility of the hazardous constituents and the potential for
them to migrate to ground water or surface water.
(2) In deciding whether to grant a variance
based on a demonstration of no substantial present or potential hazard, the
director will consider:
(a) The potential
adverse effects on ground water, 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; and
(b) The potential adverse effects
of a release on ground water quality, taking into account:
(i) The quantity and quality of ground water
and the direction of ground water flow;
(ii) The proximity and withdrawal rates of
ground water users;
(iii) The
current and future uses of ground water in the area; and
(iv) The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground water quality; and
(c) The potential adverse effects of a
release on surface water quality, taking into account:
(i) The quantity and quality of ground water
and the direction of ground water 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; and
(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.
(3) The owner or operator of a
tank system, for which a variance from secondary containment had been granted
in accordance with the requirements of paragraph (G)(1) of this rule, at which
a release of hazardous waste has occurred from the primary tank system but has
not migrated beyond the zone of engineering control (as established in the
variance), must:
(a) Comply with the
requirements of paragraphs (A), (B), (C), (E), and (F) of rule
3745-55-96
of the Administrative Code; 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
hazardous waste or hazardous constituents to ground water or surface water; and
(c) If contaminated soil cannot be removed or decontaminated in accordance with
paragraph (G)(3)(b) of this rule, comply with the requirements of paragraph (B)
of rule
3745-55-97
of the Administrative Code.
(4) The owner or operator of a tank system,
for which a variance from secondary containment had been granted in accordance
with the requirements of paragraph (G)(1) of this rule, at which a release of
hazardous waste has occurred from the primary tank system and has migrated
beyond the zone of engineering control (as established in the variance), must:
(a) Comply with the requirements of
paragraphs (A), (B), (C), and (D) of rule
3745-55-96
of the Administrative Code; and
(b)
Prevent the migration of hazardous waste or hazardous constituents to ground
water 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 paragraph (B) of rule
3745-55-97
of the Administrative Code; and
(c)
If repairing, replacing, or reinstalling the tank system, provide secondary
containment in accordance with the requirements of paragraphs (A) to (F) of
this rule or reapply for a variance from secondary containment and meet the
requirements for new tank systems in rule
3745-55-92
of the Administrative Code if the tank system is replaced. The owner or
operator must comply with these requirements for new tank systems in rule
3745-55-92
of the Administrative Code 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 ground water or surface water has not been
contaminated.
(H) The following procedures must be followed
in order to request a variance from secondary containment:
(1) The director must be notified in writing
by the owner or operator that he intends to conduct and submit a demonstration
for a variance from secondary containment as allowed in paragraph (G) of this
rule 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 paragraph (A) of this
rule.
(b) For new tank systems, at
least thirty days prior to entering into a contract for installation.
(2) As part of the
notification, the owner or operator must also submit to the director 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 paragraph (G)(1) or (G)(2) of this rule;
(3) The demonstration for a variance must be
completed within one hundred eighty days after notifying the director of an
intent to conduct the demonstration; and
(4) If a variance is granted under paragraph
(H) of this rule, the director 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 rule is provided,
must comply with the following:
(1) For
non-enterable underground tanks, a leak test that meets the requirements of
paragraph (B)(5) of rule
3745-55-91
of the Administrative Code or other tank integrity method, as approved or
required by the director, must be conducted at least annually.
(2) For other than non-enterable underground
tanks, the owner or operator must either conduct a leak test as in paragraph
(I)(1) of this rule or develop a schedule and procedure for an assessment of
the overall condition of the tank system by an
independent,
a qualified, registered professional engineer. The schedule
and procedures 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.
(3) For ancillary equipment, a leak test or
other integrity assessment as approved by the director must be conducted at
least annually.
[Note
Chapter
(4) The owner or operator must maintain on
file at the facility a record of the results of the assessments conducted in
accordance with paragraphs (I)(l) to (I)(3) of this rule.
(5) 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
paragraphs (I)(1) to (I)(3) of this rule, the owner or operator must comply
with the requirements of rule
3745-55-96
of the Administrative Code.
[Comment: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule
3745-50-11oftheAdministrativeCodetitled"Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/08/1988, 12/07/2000, 12/07/2004
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