§ 66264.192. Design and Installation of New Tank Systems or Components.
22 CA ADC § 66264.192Barclays Official California Code of RegulationsEffective: [See Text Amendments] to June 30, 2024
Effective: [See Text Amendments] to June 30, 2024
22 CCR § 66264.192
§ 66264.192. Design and Installation of New Tank Systems or Components.
(a) Tanks shall have sufficient shell strength and, for closed tanks, pressure controls (e.g., vents) to assure that they do not collapse or rupture. The Department will review the design of the tanks, including the foundation, structural support, seams and pressure controls and seismic considerations. The Department shall require that a minimum shell thickness be maintained at all times to ensure sufficient shell strength. Factors to be considered in establishing minimum thickness include the width, height and materials of construction of the tank, and the specific gravity of the waste which will be placed in the tank. In reviewing the design of the tank and approving a minimum thickness, the Department shall rely upon appropriate industrial design standards and other available information.
(b) Owners or operators of new tank systems or components shall obtain and submit to the Department, at time of submittal of Part B information, a written assessment, reviewed and certified by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste and that the tanks and containment system are suitably designed to achieve the requirements in this article. The assessment shall 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 transferred, 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, shall also include, at a minimum, the following information:
(c) The owner or operator of a new tank system shall 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, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems or components, shall inspect the system for the presence of any of the following items:
(d) New tank systems or components that are placed underground and that are back filled shall 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 shall 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 shall be performed prior to the tank system being covered, enclosed, or placed into use.
(g) The owner or operator shall provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under subsection (b)(3) of this section, 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 shall be supervised by an independent corrosion expert to ensure proper installation.
(h) The owner or operator shall 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 subsections (c) through (g) of this section, that attest that the tank system was properly designed and installed and that repairs, pursuant to subsections (c) and (e) of this section, were performed. These written statements shall also include the certification statement as required in section 66270.11(d) of this division.
(i)(1) Notwithstanding subsections (b) through (h) of this section, design and installation of new tank systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (i)(2) of this section, are not subject to the requirements of subsections (i) through (n) of this section until January 24, 1998. The assessment specified in subsection (l) of this section shall be obtained prior to placing a new tank system in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that have been assessed pursuant to subsections (b) through (h) of this section prior to June 1, 1995 are not required to be reassessed pursuant to subsection (l) for a period of five years from the date of the assessment or June 1, 2000, whichever is the earlier date. If changes have been made to the tank system or new components have been added to the tank system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed pursuant to subsection (l).
(j) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(k) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering assessment specified in subsection (l) of this section, provided minimum criteria specified in subsections (k)(1) through (k)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment required pursuant to this subsection, the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall submit documentation of local agency approval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in subsection (l) of this section. If there is no CUPA or the CUPA requests that the Department make a determination, the documentation shall be submitted to the Department.
(3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the failure of the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
(7) description and evaluation of secondary containment for the tank system (secondary containment must meet minimum standards as specified in subsections (k)(1) through (k)(3) of this section) including applicable secondary containment for ancillary equipment as required in subsection 66265.193(f);
(9) prior to placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items and document in writing the results of the inspection:
(10) all new tanks and ancillary equipment shall be tested for tightness prior to being placed in use. The results of the test(s) shall be documented in this assessment. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(n) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (m) of this section shall be approved by the CUPA prior to replacement or changeout. If the tank system part or component is determined to be identical or functionally equivalent by the CUPA, the assessment specified in subsection (l) of this section is not required. The owner or operator shall provide the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can be made:
Credits
Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.192.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. New subsections (i)(1)-(i)(2)(B)2. filed 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day.
3. New subsections (i)(1)-(i)(2)(B)2. refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
4. New subsections (i)(1)-(i)(2)(B)2 refiled 2-16-96 as an emergency; operative 2-16-96 (Register 96, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-96 or emergency language will be repealed by operation of law on the following day.
5. New subsections (i)(1)-(i)(2)(B)2 refiled 6-17-96 as an emergency; operative 6-17-96 (Register 96, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-15-96 or emergency language will be repealed by operation of law on the following day.
6. New subsections (i)(1)-(i)(2)(B)2. refiled 10-15-96 as an emergency; operative 10-15-96 (Register 96, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-12-97 or emergency language will be repealed by operation of law on the following day.
7. New subsections (i)(1)-(i)(2)(B)2. refiled 2-11-97 as an emergency, including amendment of Note; operative 2-11-97 (Register 97, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-97 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-11-97 order transmitted to OAL 6-10-97; disapproved by OAL and order of repeal as to 2-11-97 filed on 7-24-97 (Register 97, No. 30).
9. Certificate of Compliance as to 2-11-97 order, including amendment of section and Note, resubmitted to OAL and approved on 7-24-97 (Register 97, No. 30).
10. Change without regulatory effect amending subsections (i)(1), (l)(10) and (n) filed 7-1-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 27).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 66264.192, 22 CA ADC § 66264.192
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