35 Ill. Adm. Code 727.290
Tank Systems
Section 727.290Â Tank Systems
a)Â Â Â Â Â Â Â Â Applicability
of This Section. This Section applies to the owner or operator of a facility
that treats or stores hazardous waste in above-ground or on-ground tanks under
a RCRA standardized permit pursuant to Subpart J of 35 Ill. Adm. Code 703,
except as provided in Section 727.100(a)(2).
1)Â Â Â Â Â Â Â Â A
facility owner or operator does not have to meet the secondary containment
requirements in subsection (f) if its tank systems do not contain free liquids
and are situated inside a building with an impermeable floor. The owner or
operator must demonstrate the absence or presence of free liquids in the stored
or treated waste, using Method 9095B (Paint Filter Liquids Test) as described
in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication SW-846, incorporated by reference in 35 Ill.
Adm. Code 720.111(a).
2)Â Â Â Â Â Â Â Â The
facility owner or operator does not have to meet the secondary containment
requirements of subsection (f)(1) if its tank system, including sumps, as
defined in 35 Ill. Adm. Code 720.110, is part of a secondary containment system
to collect or contain releases of hazardous wastes.
BOARD NOTE:Â Subsection (a) is
derived from 40 CFR 267.190 (2017).
b)Â Â Â Â Â Â Â Â Required
Design and Construction Standards for New Tank Systems or Components. The
facility owner or operator must ensure 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 wastes to be stored or treated, and corrosion protection
to ensure that it will not collapse, rupture, or fail. The owner or operator
must obtain a written assessment, reviewed and certified by an independent,
qualified registered professional engineer, following 35 Ill. Adm. Code 702.126(d),
attesting that the tank system has sufficient structural integrity and is
acceptable for the storing and treating of hazardous waste. This assessment
must include, at a minimum, the following information:
1)Â Â Â Â Â Â Â Â Design
standards for the construction of tanks or the ancillary equipment.
2)Â Â Â Â Â Â Â Â Hazardous
characteristics of the wastes to be handled.
3)Â Â Â Â Â Â Â Â 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 the following:
A)Â Â Â Â Â Â Â Factors
affecting the potential for corrosion, such as the following:
i)Â Â Â Â Â Â Â Â Â Soil
moisture content;
ii)Â Â Â Â Â Â Â Â Soil
pH;
iii)Â Â Â Â Â Â Â Soil
sulfides level;
iv)Â Â Â Â Â Â Â Soil
resistivity;
v)Â Â Â Â Â Â Â Â Structure
to soil potential;
vi)Â Â Â Â Â Â Â Existence
of stray electric current; and
vii)Â Â Â Â Â Â Existing
corrosion-protection measures (for example, coating, cathodic protection,
etc.).
B)Â Â Â Â Â Â Â The
type and degree of external corrosion protection 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)Â Â Â Â Â Â Â Â Â Corrosion-resistant
materials of construction (such as special alloys, fiberglass reinforced
plastic, etc.);
ii)Â Â Â Â Â Â Â Â Corrosion-resistant
coating (such as epoxy, fiberglass, etc.) with cathodic protection (for
example, impressed current or sacrificial anodes); and
iii)Â Â Â Â Â Â Â Electrical
isolation devices (such as insulating joints, flanges, etc.).
4)Â Â Â Â Â Â Â Â Design
considerations to ensure that the following will occur:
A)Â Â Â Â Â Â Â Tank
foundations will maintain the load of a full tank;
B)Â Â Â Â Â Â Â Tank
systems will be anchored to prevent flotation or dislodgment where the tank
system is placed in a saturated zone, or is located within a seismic fault zone
subject to the standards of Section 727.110(i)(1); and
C)Â Â Â Â Â Â Â Tank
systems will withstand the effects of frost heave.
BOARD NOTE:Â Subsection (b) is
derived from 40 CFR 267.191 (2017).
c)Â Â Â Â Â Â Â Â Handling
and Inspection Procedures During Installation of New Tank Systems
1)Â Â Â Â Â Â Â Â The facility
owner or operator must ensure that it follows proper handling procedures to
prevent damage to a new tank system during installation. Before 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:
A)Â Â Â Â Â Â Â Weld
breaks;
B)Â Â Â Â Â Â Â Punctures;
C)Â Â Â Â Â Â Â Scrapes
of protective coatings;
D)Â Â Â Â Â Â Â Cracks;
E)Â Â Â Â Â Â Â Corrosion;
or
F)Â Â Â Â Â Â Â Â Other
structural damage or inadequate construction or installation.
2)Â Â Â Â Â Â Â Â The
facility owner or operator must remedy all discrepancies before the tank system
is placed in use.
BOARD NOTE:Â Subsection (c) is
derived from 40 CFR 267.192 (2017).
d)Â Â Â Â Â Â Â Â Testing
Requirements. The facility owner or operator must test all new tanks and
ancillary equipment for tightness before you place them in use. If the owner or
operator finds a tank system that is not tight, it must perform all repairs
necessary to remedy the leaks in the system before it covers, encloses, or
places the tank system into use.
BOARD NOTE:Â Subsection (d) is
derived from 40 CFR 267.193 (2017).
e)Â Â Â Â Â Â Â Â Installation
Requirements
1)Â Â Â Â Â Â Â Â The
facility owner or operator must support and protect ancillary equipment against
physical damage and excessive stress due to settlement, vibration, expansion,
or contraction.
2)Â Â Â Â Â Â Â Â The
facility owner or operator must provide the type and degree of corrosion
protection recommended by an independent corrosion expert, based on the
information provided pursuant to subsection (b)(3), to ensure the integrity of
the tank system during use of the tank system. An independent corrosion expert
must supervise the installation of a corrosion protection system that is field
fabricated to ensure proper installation.
3)Â Â Â Â Â Â Â Â The
facility owner or operator must obtain, and keep at the facility, written
statements by those persons required to certify the design of the tank system
and to supervise the installation of the tank system as required in subsections
(c), (d), (e)(1), and (e)(2). The written statement must attest that the tank
system was properly designed and installed and that the owner or operator made
repairs pursuant to subsections (c) and (d). These written statements must
also include the certification statement as required in 35 Ill. Adm. Code
702.126(d).
BOARD NOTE:Â Subsection (e) is
derived from 40 CFR 267.194 (2017).
f)Â Â Â Â Â Â Â Â Secondary
Containment Requirements. To prevent the release of hazardous waste or
hazardous constituents to the environment, the owner or operator must provide
secondary containment that meets the requirements of this subsection (f) for
all new and existing tank systems.
1)Â Â Â Â Â Â Â Â Secondary
containment systems must meet both of the following requirements:
A)Â Â Â Â Â Â Â It
must be designed, installed, and operated to prevent any migration of wastes or
accumulated liquid out of the system to any soil, groundwater, or surface water
at any time during the use of the tank system; and
B)Â Â Â Â Â Â Â It
must be capable of detecting and collecting releases and accumulated liquids
until the collected material is removed.
2)Â Â Â Â Â Â Â Â To
meet the requirements of subsection (f)(1), secondary containment systems must
meet all of the following minimum requirements:
A)Â Â Â Â Â Â Â It
must be 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 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);
B)Â Â Â Â Â Â Â It
must be 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;
C)Â Â Â Â Â Â Â It
must be 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 waste or accumulated
liquid in the secondary containment system within 24 hours; and
D)Â Â Â Â Â Â Â It
must be sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills, or precipitation. The facility owner or operator
must remove spilled or leaked waste and accumulated precipitation from the
secondary containment system within 24 hours, or as promptly as possible, to
prevent harm to human health and the environment.
BOARD NOTE:Â Subsection (f) is
derived from 40 CFR 267.195 (2017).
g)Â Â Â Â Â Â Â Â Required
Devices for Secondary Containment and Their Design, Operating, and Installation
Requirements
1)Â Â Â Â Â Â Â Â Secondary
containment for tanks must include one or more of the following features:
A)Â Â Â Â Â Â Â A liner
(external to the tank);
B)Â Â Â Â Â Â Â A
double-walled tank; and
C)Â Â Â Â Â Â Â An
equivalent device; the owner or operator must maintain documentation of
equivalency at the facility.
2)Â Â Â Â Â Â Â Â An
external liner system must fulfill the following requirements:
A)Â Â Â Â Â Â Â It
must be designed or operated to contain 100 percent of the capacity of the
largest tank within its boundary;
B)Â Â Â Â Â Â Â It
must be 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. The additional capacity
must be sufficient to contain precipitation from a 25-year, 24-hour rainfall
event;
C)Â Â Â Â Â Â Â It
must be free of cracks or gaps; and
D)Â Â Â Â Â Â Â It
must be 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 tanks (that is, it must be capable of preventing lateral as
well as vertical migration of the waste).
3)Â Â Â Â Â Â Â Â A
double-walled tank must fulfill the following requirements:
A)Â Â Â Â Â Â Â It
must be designed as an integral structure (that is, it must be an inner tank
completely enveloped within an outer shell) so that any release from the inner
tank is contained by the outer shell;
B)Â Â Â Â Â Â Â It
must be protected, if constructed of metal, from both corrosion of the primary
tank interior and of the external surface of the outer shell; and
C)Â Â Â Â Â Â Â It
must be provided with a built-in continuous leak detection system capable of
detecting a release within 24 hours.
BOARD NOTE:Â Subsection (g) is
derived from 40 CFR 267.196 (2017).
h)Â Â Â Â Â Â Â Â Requirements
for Ancillary Equipment. The facility owner or operator must provide ancillary
equipment with secondary containment (for example, trench, jacketing,
double-walled piping, etc.) that meets the requirements of subsections (f)(1)
and (f)(2), except for the following:
1)Â Â Â Â Â Â Â Â Above
ground piping (exclusive of flanges, joints, valves, and other connections)
that are visually inspected for leaks on a daily basis;
2)Â Â Â Â Â Â Â Â Welded
flanges, welded joints, and welded connections, that are visually inspected for
leaks on a daily basis;
3)Â Â Â Â Â Â Â Â Sealless
or magnetic coupling pumps and sealless valves, that are visually inspected for
leaks on a daily basis; and
4)Â Â Â Â Â Â Â Â Pressurized
above ground piping systems with automatic shut-off devices (for example,
excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices, etc.) that are visually inspected for leaks on a
daily basis.
BOARD NOTE:Â Subsection (h) is
derived from 40 CFR 267.197 (2017).
i)Â Â Â Â Â Â Â Â Â General
Operating Requirements for Tank Systems
1)Â Â Â Â Â Â Â Â The
facility owner or operator must not place hazardous wastes or treatment
reagents in a tank system if the substances could cause the tank, its ancillary
equipment, or the containment system to rupture, leak, corrode, or otherwise
fail.
2)Â Â Â Â Â Â Â Â The
facility owner or operator must use appropriate controls and practices to
prevent spills and overflows from tank or containment systems. These include
the following minimum requirements:
A)Â Â Â Â Â Â Â Spill
prevention controls (for example, check valves, dry disconnect couplings,
etc.);
B)Â Â Â Â Â Â Â Overfill
prevention controls (for example, level sensing devices, high level alarms,
automatic feed cutoff, or bypass to a standby tank, etc.); and
C)Â Â Â Â Â Â Â Sufficient
freeboard in uncovered tanks to prevent overtopping by wave or wind action or
by precipitation.
3)Â Â Â Â Â Â Â Â The
facility owner or operator must comply with the requirements of subsection (k)
if a leak or spill occurs in the tank system.
BOARD NOTE:Â Subsection (i) is
derived from 40 CFR 267.198 (2017).
j)Â Â Â Â Â Â Â Â Â Inspection
Requirements. The facility owner or operator must comply with the following
requirements for scheduling, conducting, and documenting inspections:
1)Â Â Â Â Â Â Â Â It
must develop and follow a schedule and procedure for inspecting overfill
controls;
2)Â Â Â Â Â Â Â Â It
must inspect the following at least once each operating day:
A)Â Â Â Â Â Â Â Aboveground
portions of the tank system to detect corrosion or releases of waste;
B)Â Â Â Â Â Â Â Data
gathered from monitoring and leak detection equipment (for example, pressure or
temperature gauges, monitoring wells, etc.) to ensure that the tank system is
being operated according to its design; and
C)Â Â Â Â Â Â Â The
construction materials and the area immediately surrounding the externally
accessible portion of the tank system, including the secondary containment
system (for example, dikes) to detect erosion or signs of releases of hazardous
waste (for example, wet spots, dead vegetation, etc.);
3)Â Â Â Â Â Â Â Â It
must inspect cathodic protection systems, if present, according to, at a
minimum, the following schedule to ensure that they are functioning properly:
A)Â Â Â Â Â Â Â It
must confirm that the cathodic protection system is operating properly within
six months after initial installation and annually thereafter; and
B)Â Â Â Â Â Â Â It
must inspect or test all sources of impressed current, as appropriate, at least
every other month; and
4)Â Â Â Â Â Â Â Â It
must document, in the operating record of the facility, an inspection of those
items in subsections (j)(1) through (j)(3).
BOARD NOTE:Â Subsection (j) is
derived from 40 CFR 267.199 (2017).
k)Â Â Â Â Â Â Â Â Required
Actions in Case of a Leak or a Spill. If there has been a leak or a spill from
a tank system or secondary containment system, or if either system is unfit for
use, the facility owner or operator must remove the system from service
immediately, and it must satisfy the following requirements:
1)Â Â Â Â Â Â Â Â It
must immediately stop the flow of hazardous waste into the tank system or
secondary containment system and inspect the system to determine the cause of
the release;
2)Â Â Â Â Â Â Â Â It
must remove the waste from the tank system or secondary containment system, as
follows:
A)Â Â Â Â Â Â Â If the
release was from the tank system, the owner or operator must, within 24 hours
after detecting the leak, 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; or
B)Â Â Â Â Â Â Â If the
material released was to a secondary containment system, the owner or operator
must remove all released materials within 24 hours or as quickly as possible to
prevent harm to human health and the environment;
3)Â Â Â Â Â Â Â Â It
must immediately conduct a visual inspection of the release and, based on that
inspection, undertake the following actions:
A)Â Â Â Â Â Â Â It
must prevent further migration of the leak or spill to soils or surface water;
and
B)Â Â Â Â Â Â Â It
must remove, and properly dispose of, any visible contamination of the soil or
surface water;
4)Â Â Â Â Â Â Â Â It
must report any release to the environment, except as provided in subsection
(k)(4)(A), to the Agency within 24 hours after its detection. If the owner or
operator has reported the release to USEPA pursuant to federal 40 CFR 302, that
report will satisfy this requirement, subject to the following exceptions:
A)Â Â Â Â Â Â Â The
facility owner or operator does not need to report on a leak or spill of
hazardous waste if it fulfills the following conditions:
i)Â Â Â Â Â Â Â Â Â The
spill was less than or equal to a quantity of one pound (0.45 kg); and
ii)Â Â Â Â Â Â Â Â The
facility owner or operator immediately contained and cleaned up the spill; and
B)Â Â Â Â Â Â Â Within
30 days of detection of a release to the environment, the owner or operator
must submit a report to the Agency that contains the following information:
i)Â Â Â Â Â Â Â Â Â The
likely route of migration of the release;
ii)Â Â Â Â Â Â Â Â The
characteristics of the surrounding soil (soil composition, geology,
hydrogeology, climate, etc.);
iii)Â Â Â Â Â Â Â The
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 30 days, the owner or operator must submit these data to the
Agency as soon as they become available;
iv)Â Â Â Â Â Â Â The
proximity to downgradient drinking water, surface water, and populated areas;
and
v)Â Â Â Â Â Â Â Â A
description of response actions taken or planned;
5)Â Â Â Â Â Â Â Â It
must either close the system or make necessary repairs, as follows:
A)Â Â Â Â Â Â Â Unless
the owner or operator satisfies the requirements of subsections (k)(5)(B) and
(k)(5)(C), it must close the tank system according to subsection (l);
B)Â Â Â Â Â Â Â If the
cause of the release was a spill that has not damaged the integrity of the
system, the owner or operator may return the system to service as soon as it
removes the released waste and makes any necessary repairs; or
C)Â Â Â Â Â Â Â If the
cause of the release was a leak from the primary tank system into the secondary
containment system, the owner or operator must repair the system before
returning the tank system to service; and
6)Â Â Â Â Â Â Â Â If
the owner or operator has made extensive repairs to a tank system in accordance
with subsection (k)(5) (for example, installation of an internal liner; repair
of a ruptured primary containment or secondary containment vessel, etc.), it
may not return the tank system to service unless the repair is certified by an
independent, qualified, registered, professional engineer in accordance with 35
Ill. Adm. Code 702.126(d), as follows:
A)Â Â Â Â Â Â Â The
engineer must certify that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system; and
B)Â Â Â Â Â Â Â The
facility owner or operator must submit this certification to the Agency within
seven days after returning the tank system to use.
BOARD NOTE:Â Subsection (k) is
derived from 40 CFR 267.200 (2017).
l)Â Â Â Â Â Â Â Â Â Requirements
When the Owner or Operator Stops Operating the Tank System. When the facility
owner or operator close a tank system, it 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 hazardous waste, unless 35 Ill. Adm. Code 721.103(d) applies.Â
The closure plan, closure activities, cost estimates for closure, and financial
responsibility for tank systems must meet all of the requirements specified in
Sections 727.210 and 727.240.
BOARD NOTE:Â Subsection (l) is
derived from 40 CFR 267.201 (2017).
m)Â Â Â Â Â Â Â Special
Requirements for Ignitable or Reactive Wastes
1)Â Â Â Â Â Â Â Â The
facility owner or operator may not place ignitable or reactive waste in tank
systems, unless any of the following three conditions are fulfilled:
A)Â Â Â Â Â Â Â The
owner or operator treats, renders, or mixes the waste before or immediately
after placement in the tank system so that the following is true:
i)Â Â Â Â Â Â Â Â Â The
owner or operator complies with Section 727.110(h)(2); and
ii)Â Â Â Â Â Â Â Â The
resulting waste, mixture, or dissolved material no longer meets the definition
of ignitable or reactive waste pursuant to 35 Ill. Adm. Code 721.121 or
721.123;
B)Â Â Â Â Â Â Â The
owner or operator stores or treats the waste in such a way that it is protected
from any material or conditions that may cause the waste to ignite or react; or
C)Â Â Â Â Â Â Â The
facility owner or operator uses the tank system solely for emergencies.
2)Â Â Â Â Â Â Â Â If
the facility owner or operator stores or treats ignitable or reactive waste in
a tank, it must comply with the requirements for the maintenance of protective
distances between the waste management area and any public ways, streets,
alleys, or an adjoining property line that can be built on, as required in
Tables 2-1 through 2-6 of "Flammable and Combustible Liquids Code", NFPA
30, incorporated by reference in 35 Ill. Adm. Code 720.111(a)).
BOARD NOTE:Â Subsection (m) is
derived from 40 CFR 267.202 (2017).
n)Â Â Â Â Â Â Â Â Special
Requirements for Incompatible Wastes
1)Â Â Â Â Â Â Â Â A
facility owner or operator may not place incompatible wastes or incompatible
wastes and materials in the same tank system, unless it complies with Section
727.110(h)(2).
2)Â Â Â Â Â Â Â Â A
facility owner or operator may not place hazardous waste in a tank system that
has not been decontaminated and that previously held an incompatible waste or
material, unless it complies with Section 727.110(h)(2).
BOARD NOTE:Â Subsection (n) is
derived from 40 CFR 267.203 (2017).
o)Â Â Â Â Â Â Â Â Air Emission
Standards. The facility owner or operator must manage all hazardous waste
placed in a tank following the requirements of Subparts AA, BB, and CC of 35
Ill. Adm. Code 724. Under a RCRA standardized permit, the following control
devices are permissible:Â a thermal vapor incinerator, a catalytic vapor
incinerator, a flame, a boiler, a process heater, a condenser, or a carbon
absorption unit.
BOARD NOTE:Â Subsection (o) is
derived from 40 CFR 267.204 (2017).