(A) In order to prevent the release of
hazardous waste or hazardous constituents to the environment, secondary
containment that complies with this rule shall be provided [except as provided
in paragraphs (F) and (G) of this rule] for the following:
(1) For all new and existing tank systems or
components, prior to being put into service
.
;
(2) For tank systems that store or treat
materials that become hazardous wastes, within two years after the hazardous
waste listing, or when the tank system has reached fifteen years of age,
whichever comes later.
(B) Secondary containment systems shall be
as follows:
(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 comply
with paragraph (B) of this rule, secondary containment systems shall be, at a
minimum
, the following:
(1) Constructed of or lined with materials
that are compatible with the wastes to be placed in the tank system, and shall
have sufficient strength and thickness to prevent failure due to pressure
gradients (including static head and external hydrological forces), physical
contact with the waste to which the containment systems are exposed, climatic
conditions, the stress of installation, 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 and 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 the leak detection system shall detect
the failure of either the primary and secondary containment structure or any
release of hazardous waste or accumulated liquid in the secondary containment
system within twenty-four hours, or at the earliest practicable time if the
existing detection technology or site conditions does not allow detection of a
release within twenty-four hours
.
;
(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 shall 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 or the environment, if removal of the released waste or
accumulated precipitation cannot be accomplished within twenty-four hours.
[Comment: If the collected material is hazardous under Chapter
3745-51 of the Administrative Code, the collected material is subject to
management as a hazardous waste in accordance with all applicable requirements
of Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205,
and 3745-256 of the Administrative Code. If the collected material is
discharged through a point source to waters of Ohio, the collected material is
subject to rule
3745-33-04 and Chapters
3745-3 and
3745-33 of the Administrative
Code
Sections 301, 304, and 402 of the Clean
Water Act. If discharged to publicly owned treatment works (POTW), the
collected material is subject to Chapters 3745-1 and
3745-3 of the Administrative Code
Section 307
of the Clean Water Act. If the collected material is released to the
environment, the collected material may be subject to the reporting
requirements of 40 C.F.R.
CFR Part 302.]
(D) Secondary containment for tanks shall
include one or more of the following devices:
(1) A liner (external to the tank)
.
;
(3) A double-walled tank
.
; or
(4) An equivalent device as approved by the
director.
(E) In
addition to paragraphs (B), (C), and (D) of this rule, secondary containment
systems shall satisfy the following requirements:
(1) External liner systems shall be
all of the following:
(a) Designed or operated to contain one
hundred per cent of the capacity of the largest tank within the external liner
system's 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
shall be sufficient to contain precipitation from a twenty-five-year,
twenty-four-hour rainfall event
.
;
(c) Free
of cracks or gaps
.
;
(d)
Designed and installed to completely surround the tank and to cover all
surrounding earth likely to come into contact with the waste if released from
the tanks (i.e., capable of preventing lateral as well as vertical migration of
the waste)
.
;
(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 prevents
migration of waste into the concrete (for concrete liners only).
(2) Vault systems shall be
all of the following:
(a) Designed or operated to contain one
hundred per cent of the capacity of the largest tank within the vault system's
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
shall 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 prevents migration of waste into the concrete
.
;
(e) Provided with means to protect against
the formation of and ignition of vapors within the vault, if the waste being
stored or treated, is either of the following:
(i) Meets the description of ignitable waste
under rule
3745-51-21 of the Administrative
Code
.
;
or
(ii) Meets the description
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 shall be
all of the
following:
(a) Designed as an
integral structure (i.e., an inner tank within an outer shell) so that any
release from the inner tank is contained by the outer shell
.
;
(b) If constructed of metal, protected from
both corrosion of the primary tank interior and 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 concurs, that the
existing leak detection technology or site conditions do not allow detection of
a release within twenty-four hours.
[Comment: The provisions outlined in the "Steel Tank
Institute's (STI) Standard for Dual Wall Underground Steel Storage Tank" may be
used as guidelines for aspects of design of underground steel double-walled
tanks.]
(F) Ancillary equipment shall be provided
with full secondary containment (e.g., trench, jacketing double-walled piping)
that complies with paragraphs (B) and (C) of this rule, except for all of the
following:
(1) Aboveground piping (exclusive
of flanges, joints, valves, and 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 this rule
if the director finds, as a result of a demonstration
by the owner or operator,
if the director
finds either that alternative design and operating practices, together
with location characteristics, prevent the migration of 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 is posed to human health or
the environment. New underground tank systems, per a demonstration in
accordance with paragraph (G)(2) of this rule, may not be exempted from the
secondary containment requirements of this rule. Application for a variance as
allowed in this paragraph does not waive the requirement to comply with rules
3745-66-90 to
3745-66-100
3745-66-102 of the Administrative Code for new tank
systems.
(1) In deciding whether to grant a
variance based on a demonstration of equivalent protection of ground water and
surface water, the director shall consider
all of
the following:
(a) The nature and
quantity of the waste
.
;
(b) The
proposed alternate design and operation
.
;
(c) The hydrogeologic setting of the
facility, including the thickness of soils 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 the hazardous constituents to migrate to ground water or
surface water.
(2) In
deciding whether to grant a variance, based on a demonstration of no
substantial or present or potential hazard, the director shall consider
all of the following:
(a) The potential adverse effects on ground
water, surface water, and land quality taking into account
the following:
(i) The physical and chemical characteristics
of the waste in the tank system, including the waste's 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
the following:
(i)
The quantity and quality of ground water and the direction of ground water
flow
.
;
(ii) The
proximity and withdrawal rates of water in the area
.
;
(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 the cumulative
impact of contamination on the ground water quality.
(c) The potential adverse effects of a
release on surface water quality, taking into account
the following:
(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.
(d) The potential adverse effects of a
release on the land surrounding the tank system, taking into account
both of the following:
(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 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), shall
comply with all of the following:
(a) Comply with paragraphs (A), (B), (C),
(E), and (F) of rule
3745-66-96 of the Administrative
Code
.
;
and
(b) Decontaminate or
remove contaminated soil to the extent necessary to
do all of the following:
(i) Enable the tank system, for which the
variance was granted, to resume operation with the capability for the detection
of and response to 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 paragraph (B) of rule
3745-66-97 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 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), shall
comply with all of the
following:
(a) Comply with paragraphs
(A), (B), (C), and (D) of rule
3745-66-96 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 shall comply with paragraph (B) of rule
3745-66-97 of the Administrative
Code
.
;
(c) If
repairing, replacing, or reinstalling the tank system, provide secondary
containment in accordance with 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
3745-66-92 of the Administrative
Code if the tank system is replaced. The owner or operator shall 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 shall be followed in order to request a variance from secondary
containment:
(1) The director shall be
notified in writing by the owner or operator that the owner or operator 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 the secondary containment shall be
provided in accordance with paragraph (A) of this rule
.
; and
(b) For new tank systems, at least thirty
days prior to entering into a contract for installation of the tank
system.
(2) As part of
the notification, the owner or operator also shall 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 shall address each of the
factors listed in paragraph (G)(1) or (G)(2) of this rule.
(3) The demonstration for a variance shall be
completed and submitted to the director within one hundred eighty days after
notifying the director of intent to conduct the demonstration.
(4) The director shall inform the public,
through a newspaper notice, of the availability of the demonstration for a
variance. The notice shall be placed in a daily or weekly major local newspaper
of general circulation and shall provide at least thirty days after the date of
the notice for the public to review and comment on the demonstration for a
variance. The director shall also hold a public hearing in response to a
request or at the director's discretion, whenever such a hearing might clarify
one or more issues concerning the demonstration for a variance. Public notice
of the hearing shall be given at least thirty days prior to the date of the
hearing and may be given at the same time as notice of the opportunity for the
public to review and comment on the demonstration. These two notices may be
combined.
(5) The director shall
approve or disapprove the request for a variance within ninety days after
receipt of the demonstration from the owner or operator and shall notify in
writing the owner or operator and each person who submitted written comments or
requested notice of the variance decision. If the demonstration for a variance
is incomplete or does not include sufficient information, the ninety-day time
period shall begin when the director receives a complete demonstration,
including all information necessary to make a final determination. If the
public comment period in paragraph (H)(4) of this rule is extended, the
ninety-day time period shall be similarly extended.
(I) All tank systems, until such time as
secondary containment that complies with this rule is provided, shall comply
with
all of the following:
(1) For non-enterable underground tanks, a
leak test that complies with paragraph (B)(5) of rule
3745-66-91 of the Administrative
Code shall be conducted at least annually
.
;
(2) For other than non-enterable underground
tanks, and for all ancillary equipment, the owner or operator shall either
conduct a leak test, as described in paragraph (I)(1) of this rule or an
internal inspection or other tank integrity examination by a qualified
professional engineer that addresses cracks, leaks, and corrosion, or erosion
at least annually. The owner or operator shall remove the stored waste from the
tank, if necessary, to allow the condition of all internal tank surfaces to be
assessed.
[Comment: The practices described in the "American Petroleum
Institute (API)" publication, "Guide for Inspection of Refinery Equipment,"
chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," fourth edition,
1981, may be used, when applicable, as guidelines for assessing the overall
condition of the tank system.]
(3) The owner or operator shall maintain on
file at the facility a record of the results of the assessments conducted in
accordance with paragraphs (I)(1) to (I)(3) of this rule.
(4) 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 shall comply
with rule
3745-66-96 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
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
Notes
Ohio Admin. Code
3745-66-93
Effective:
6/12/2023
Five Year Review (FYR) Dates:
3/27/2023 and
03/26/2028
Promulgated
Under: 119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985,
12/08/1988, 12/30/1989, 06/29/1990, 02/11/1992, 12/07/2000, 12/07/2004,
09/05/2010, 10/31/2015, 10/05/2020