(i) design standards, if available, according to which the tank and ancillary equipment were constructed;

(ii) hazardous characteristics of the wastes that have been or 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 integrity examination such that:

(i) design standards according to which the tanks and ancillary equipment is or will be constructed;

(ii) hazardous characteristics of the wastes 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 is or will be in contact with the soil or with water, a determination by a corrosion expert of:

(iv) for underground tank system components that are likely to be 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:

(i) weld breaks;

(ii) punctures;

(iii) scrapes of protective coatings;

(iv) cracks;

(v) corrosion; and

(vi) other structural damage or inadequate construction or installation.

(i) for all new tank systems or components, prior to their being put into service and for existing tank systems or components; and

(ii) for tank systems that store or treat materials that become hazardous wastes, within two years of the hazardous waste listing.

(i) 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

(ii) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

(i) constructed of or lined with materials that are compatible with the wastes to be placed in the tank system and must 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 they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from nearby vehicular traffic);

(ii) placed on a foundation or base capable of providing support to the secondary containment system, providing resistance to pressure gradients above and below the system, and 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 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; 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 24 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 24 hours.

(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.

(i) external liner systems must be:

(ii) vault systems must be:

(iii) double-walled tanks must be:

(i) aboveground piping (exclusive of flanges, joints, valves and 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.

(i) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the commissioner will consider:

(ii) In deciding whether to grant a variance, based on a demonstration of no substantial present or potential hazard, the commissioner will consider:

(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 subparagraph (i) of this paragraph, 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:

(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 subparagraph (i) of this paragraph, 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:

(i) The commissioner must 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 (7) of this subdivision according to the following schedule:

(ii) As part of the notification, the owner or operator must also submit to the commissioner 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 subparagraph (7)(i) or (ii) of this subdivision.

(iii) The demonstration for a variance must be completed and submitted to the commissioner within 180 days after notifying the commissioner of intent to conduct the demonstration.

(iv) The commissioner will 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 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The commissioner also will hold a public hearing, in response to a request or at his or her own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 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.

(v) The commissioner will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will 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 variance is incomplete or does not include sufficient information, the 90-day time period will begin when the commissioner receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in subparagraph (iv) of this paragraph is extended, the 90-day time period will be similarly extended.

(i) for nonenterable underground tanks, a leak test that meets the requirements of subparagraph (b)(2)(v) of this section must be conducted at least annually;

(ii) for other than nonenterable underground tanks and for all ancillary equipment, an annual leak test, as described in subparagraph (i) of this paragraph, or an internal inspection or other tank integrity examination by an independent, qualified, professional engineer registered in New York that addresses cracks, leaks, corrosion, and erosion must be conducted at least annually. 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;

(iii) the owner or operator must maintain on file at the facility a record of the results of the assessments conducted in accordance with subparagraphs (i)-(iii) of this paragraph; and

(iv) 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 subparagraphs (i)-(iii) of this paragraph, the owner or operator must comply with the requirements of subdivision (g) of this section.

(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.

(i) overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;

(ii) above ground portions of the tank system, if any, to detect corrosion or releases of waste; 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 hazardous waste (e.g., wet spots, dead vegetation).

(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).

(i) If the release was from the tank system, the owner or operator must, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.

(ii) If the release was to a secondary containment system, all released materials must be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.

(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.

(i) Any release to the environment, except as provided in subparagraph (ii) of this paragraph, must be reported to the commissioner within 24 hours of detection. If the release has been reported pursuant to Part 595 of this Title, that report will satisfy this requirement.

(ii) A leak or spill of hazardous waste that is:

(iii) Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the commissioner:

(i) Unless the owner or operator satisfies the requirements of subparagraphs (ii)-(iv) of this paragraph, the tank system must be closed in accordance with subdivision (h) 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 subdivision (d) of this section before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of paragraph (6) of this subdivision are satisfied. If a component is replaced to comply with the requirements of this subparagraph, that component must satisfy the requirements for new tank systems or components in subdivisions (c) and (d) 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 subdivision (d) of this section prior to being returned to use.

(i) The closure plan for the tank system must include both a plan for complying with paragraph (1) of this subdivision and a contingency plan for complying with paragraph (2) of this subdivision.

(ii) A contingent post-closure plan for complying with paragraph (2) of this subdivision 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 these costs are greater than the costs of complying with the closure plan prepared for the expected closure under paragraph (1) of this subdivision.

(iv) Financial assurance must be based on the cost estimates in subparagraph (iii) of this paragraph.

(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 sections 373-3.7 and 373-3.8 of this Subpart.

(i) the waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:

(ii) the waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or

(iii) the tank system is used solely for emergencies.

(i) Treatment or storage of hazardous waste in tanks must comply with section 373-3.2(h)(2) of this Subpart.

(ii) Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(iii) Uncovered tanks must be operated to ensure at least 60 centimeters (two feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (two feet) of the tank.

(iv) Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (e.g., waste feed cutoff system or bypass system to a standby tank).

(i) discharge control equipment (e.g., waste feed cutoff systems, bypass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order;

(ii) data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;

(iii) the level of waste in the tank at least once each operating day to ensure compliance with subparagraph (2)(iii) of this subdivision;

(iv) the construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and;

(v) the construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).

(i) Ignitable or reactive waste must not be placed in a tank, unless:

(ii) The owner or operator of a facility which treats or stores ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (see section 370.1[e] of this Title).

(i) Incompatible wastes, or incompatible wastes and materials, (see Appendix 29 of this Title for examples) must not be placed in the same tank, unless section 373-3.2(h)(2) of this Subpart is complied with.

(ii) Hazardous waste must not be placed in an unwashed tank which previously held an incompatible waste or material, unless section 373-3.2(h)(2) of this Subpart is complied with.