R 299.9615 Tank systems.

Rule 615. (1) Owners or operators that use existing or new tank systems, whether aboveground, in-ground, on-ground, or underground tanks, to treat or store hazardous waste shall comply with all the requirements of 40 CFR part 264, subpart J, except as provided in subrule (4) of this rule, and ensure the tank systems are not unfit for use. (2) Owners or operators of tank systems that do not comply with the containment requirements of 40 CFR 264.193(b) to (f) shall do all the following until either the tank system is brought into compliance with the standards of 40 CFR 264.193(a) or until a variance is obtained as provided by 40 CFR 264.193(h): (a) Ensure that aboveground tank systems that are used for the treatment or storage of liquid hazardous wastes, or hazardous wastes that could generate free liquids during storage, are located in areas which are paved, diked, curbed, or otherwise structurally enclosed so as to be able to contain not less than 100% of the largest tank system within the enclosed area. Where the hazardous wastes that are stored are incompatible with the materials of construction of tank systems within the enclosed area, or where the tank systems are interconnected so that a loss from one tank system may lead to losses in other tank systems, the owner or operator shall ensure that all tank systems are structurally enclosed so as to be able to contain not less than 100% of the liquid portion of the material being stored in all tank systems. (b) For underground tank systems that are used for the treatment or storage of liquid hazardous wastes, or hazardous wastes that could generate free liquids, do all the following: (i) Provide adequate secondary containment and a leachate collection and withdrawal system to contain any release of hazardous wastes or hazardous waste constituents from the tank system. (ii) Conduct a complete inventory of hazardous wastes in the tank system not less than twice a month. (iii) Conduct leachate sampling and analysis not less than once a year. If the inventories required pursuant to paragraph (ii) of this subdivision indicate a loss of waste, leachate sampling and analysis be performed within 24 hours of the discovery of the loss. (3) All tank systems that are put into service after July 14, 1986, or that are upgraded pursuant to the provisions of 40 CFR 264.193 must be assessed by a corrosion expert in accordance with the provisions of 40 CFR 264.192(a)(3) and provided with the necessary corrosion protection as determined pursuant to the assessment. (4) All tank systems must be designed, constructed, operated, and maintained in compliance with the requirements of act 207. (5) Owners or operators shall label tank systems in accordance with the provisions of NFPA standard no. 704. (6) The director may waive the interim secondary containment requirements of subrule (2) of this rule for wastewater treatment units and elementary neutralization units based upon an assessment of the hydrogeological aspects of the site with respect to the provisions of part 31, the nature and volume of the waste treated or stored, and the location and nature of the facility. (7) NFPA standard no. 704 is adopted by reference in R 299.11002. The provisions of 40 CFR part 264, subpart J, are adopted by reference in R 299.11003. For the purposes of this adoption, the word "director" replaces the words "regional administrator" and "administrator" and the words "operating license application" replace the words "part B."