Section 096-854-12 - Additional Standards Applicable to Hazardous Waste Tank and Container Storage FacilitiesA.Performance Standards(1) A hazardous waste storage facility must be established, constructed, altered and operated to meet the following performance standards: (a) A hazardous waste or derivative thereof must not escape from the facility to ground or surface waters or to adjacent subsurface soil at any time during the life of the facility.(b) A hazardous waste or constituent or derivative thereof must not appear in the atmosphere in concentrations significantly above the background level or exceed current ambient air quality standards for Maine at any time. Background levels must be established by monitoring or demonstrated to have been previously established by monitoring.(2) The storage of hazardous waste in an underground or inground tank is prohibited unless that tank is interimly-licensed under 06-096 C.M.R. ch. 855 and in use on the effective date of this Chapter and is not prohibited under Section 7(A)(3) of this Chapter.B.Design(1) The provisions of 40 C.F.R. §§264.175, 264.179, 264.190, 264.192, 264.193(a) -(f)(3) and 264.193(i), and 264.200, except that references to sections of 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856, and references to other sections or subparts of 40 C.F.R. §264 shall mean this Chapter. (2) A container storage facility must have a base which is a firm working surface, such as asphalt or concrete, which is impervious and which must be kept entire. A synthetic liner which meets the design requirements of Sections 8(B)(4) and 8(B)(5) of this Chapter must underlie the working surface. The liner must be intact beneath the storage facility and must be constructed with a raised berm around the entire storage facility. In addition, the liner is subject to, and must meet the requirements of, a construction quality assurance program in accordance with 40 C.F.R. §264.19 as applicable to liner systems, including quality assurance of construction design, structural stability and integrity of all components.(3) An interimly licensed container storage facility for hazardous waste which is being used as such on the effective date of this Chapter may be exempted from the requirement of a liner beneath the existing base if the applicant demonstrates to the Board's satisfaction that the facility has not in the past violated the performance standards established herein and that the facility design will provide full compliance with the performance standards at all times.(4) Each building or separate container storage area must have a containment and collection system the capacity of which must exceed 20% of the total capacity of all containers and tanks used to store wastes or 110% of the capacity of the largest container or tank, whichever is greater. This system must also provide for sufficient freeboard to allow for containment and collection of precipitation resulting from a 24-hour, 25-year storm, unless the storage facility is enclosed.(5) A tank must be designed and installed so that it can be fully inspected for structural integrity, deterioration, and leaks except that a tank whose base cannot be fully inspected must be designed and installed to meet the standards of 40 C.F.R. §264.193(e)(3) for double-walled tanks.(6) Uncovered tanks must be designed to ensure at least 2 feet of freeboard at all times.(7) Overtopping of tanks during continuous feed must be prevented by a system of automatic shutoff or by automatic diversion of the waste feed into a tank having at least 30 percent of the volume of the primary tank.(8) A building or other structure used as a hazardous waste storage facility must meet all requirements, codes and standards of the Department of Public Safety (State Fire Marshal's Office).(9) The date of manufacture of a tank must be painted in a prominent location on the tank.C.Operation(1) A container must not be used for the storage of hazardous waste for a period of time exceeding the design life of the container.(2) The facility must comply with the requirements of 40 C.F.R. §264.191, except that references to 40 C.F.R. §264.193 shall mean Section 12(B) of this Chapter, references to sections in 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856, and references to 40 C.F.R. §264.196 shall mean Section 12(E) of this Chapter. In addition, any pipeline and pipeline valves that transfers hazardous waste to or from a tank used to store hazardous waste must be inspected and pressure tested at least annually or tested at least annually by a method approved by the Board or Department, to determine structural integrity. A pipeline that fails the test or a pipeline or tank that is determined as a result of the inspection to be unsafe must not thereafter be used to store or transfer hazardous waste. A tank, its piping and valves must be tested at least annually to determine the thickness and corrosion rate utilizing a method approved by the Board or Department. In addition, all piping valves must be internally inspected at least annually to determine fitness for use. The date of the most recent inspection and testing of a tank must be painted in a prominent location on the tank. Results of all tank and pipe testing must be submitted to the Department within 10 days of taking place.(3) An underground tank that is not prohibited by Section 12(A)(2) of this Chapter must be tested at least semi-annually by the method(s) recommended in Rule for Underground Oil Storage Facilities, 06-096 C.M.R. ch. 691. An underground tank that fails the test or leaks must be removed and may not be replaced. Underground hazardous waste storage systems (tanks and piping) with secondary containment, and continuous interstitial space monitoring, need not be tested annually except to ensure that the leak detection equipment is operating properly in accordance with the testing and calibration requirements of 06-096 C.M.R. ch. 691, § 7(C) 2.(4) Hazardous waste must not be stored in containers or tanks which are rusted, bulging or leaking. The facility must comply with the container requirements of 40 C.F.R. §264.171 and the tank requirements of 40 C.F.R §264.191. (5) Containers or tanks must be compatible with the type of waste stored therein. The facility must comply with the requirements of 40 C.F.R. §264.172 and 40 C.F.R. §264.194(a).(6) Containers or tanks used to store hazardous waste must not be used to store foodstuffs or animal feed or any substance likely to come into contact with foodstuffs or animal feed.(7) Containers or tanks holding incompatible hazardous wastes must not be stored in the same enclosure, building or structure unless they are segregated in a manner that prevents the wastes from coming into contact with one another under any circumstances, including leakage or failure of a container or tank. The facility must comply with the requirements of 40 C.F.R. §§264.177 and 264.199, except that the references to 40 C.F.R. §264.17(b) shall mean Section 6(C)(8) of this Chapter.(8) All hazardous waste containers must be stored in a manner that allows access for inspection and for remedial action if any container is found to be rusting, bulging or leaking or waste is spilled or discharged. In any event: (a) Containers with a capacity of 10 gallons or more must not be stacked in rows in excess of 4 wide and 2 high.(b) Aisle space between rows of containers must be at least 36 inches wide and sufficient to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment and decontamination equipment to any area of facility operation in any emergency. Rows not exceeding a single container in width and two (2) high may be stacked adjacent to walls or other components of the storage facility.(9) Storage of hazardous waste in open containers or in open tanks not meeting the requirements of Section 12(B)(5) -(7) of this Chapter is prohibited. The facility must comply with the requirements of 40 C.F.R. §§264.173, 264.179, 264.194(b), 264.194(c), and 264.200, except that references to 40 C.F.R. §264.196 shall mean Section 12(E) of this Chapter.(10) Wastes not already so labeled must, on arrival at the facility, be clearly and permanently labeled with the words "Hazardous Waste" and labeled to identify type of waste, generator and date of arrival.(11) For any hazardous waste stored for longer than 180 days, the owner or operator of the facility must: (a) Pay the fee as required by 38 M.R.S. §1319- I;(b) Prepare a written inventory of all wastes stored for 180 days and submit a copy to the Department on the 181st day, indicating when these wastes will be removed from storage for further handling and how they will be handled; and(c) Segregate and label these wastes with the date of the 180th day.(12) The storage of any hazardous waste for longer than 360 days is prohibited unless the owner or operator of a storage facility applies for, in writing, and receives approval to do so from the Commissioner. Any extension must be for a period of time not exceeding 90 days, after which a new extension may be requested. In seeking approval, the owner or operator must demonstrate the maintenance of a segregated area for such waste, the continuing integrity of containers or tanks, the quantification and control of fugitive emissions, continuing security and continuing efforts to move the waste out of storage to other handling. If an approval for storage for longer than 360 days is not granted or if any request for extension is denied, continued storage of that waste is a violation of the license of the facility and, in addition, constitutes unlicensed disposal of the waste. NOTE: For guidance on classifying residues of hazardous waste in empty tanks, refer to 06-096 C.M.R. ch. 850, § 3(A)(7).
(13) Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line. Tanks holding ignitable or reactive waste are subject to the requirements of 40 C.F.R. §264.198, except that references to 40 C.F.R. §§261.21 or 261.23 shall mean 06-096 C.M.R. ch. 850 and references to 40 C.F.R. §264.17(b) shall mean Section 6(C)(8) of this Chapter. D.Inspection, Surveying and Recordkeeping. The facility must comply with the requirements of 40 C.F.R. §§264.174 and 264.195. In addition: (1) Daily inspections must be made to ensure that:(a) Two feet of freeboard is maintained at all times in uncovered tanks,(b) No containers, tanks, pipelines or valves are rusting, bulging or leaking.(2) Weekly inspections must be made to ensure that:(a) The working surface and the containment and collection system are in good order and free from cracks and leaks.(b) All safety devices, valves, spill and overfill equipment and fire extinguishing equipment are structurally sound and properly functioning.(3) Monthly inspections must be made to ensure that:(a) All tank welds, rivets, bolts, foundation supports for both tanks and piping are in good condition,(b) All sources of cathodic protection are tested and in good working order,(c) All pressure relief valves are functioning properly.(4) Every ten years, beginning on January 1, 1994, all aboveground vertical tanks with a capacity of 31,500 gallons or more must be inspected and deemed suitable for service in accordance with the standards published by the American Petroleum Institute (API) - #653.(5) The owner or operator of a hazardous waste storage facility must maintain and keep current a written record and diagram, as applicable, showing:(a) The layout of the facility and where each type of hazardous waste is stored within the facility;(b) The length of time each waste has been at the facility;(c) Details of all inspections of and repairs to the base, liners and containment and collection systems;(d) Details of all accidents and spills, including date and time of discharge or discovery and spill reporting, volume of spill and method of clean up;(e) Dates of repair or removal of rusted, bulging or leaking containers. This record/diagram must be maintained at the facility during operation and closure and must be delivered to the Department upon closure. The Department may require that a current copy of that record be kept on file with the Department.
(6) The results of annual tank and pipe testing must be recorded at the facility.E.Repairs and Response to Leaks or Spills(1) Breaks in the liner(s) must be repaired immediately.(2) In the event any container is found to be rusted, bulging, leaking or otherwise unsafe, the wastes contained therein must be transferred immediately to another container that does meet the standards provided in 49 C.F.R. §173. If the unsuitable container is repaired so that it meets the specifications in 49 C.F.R. §173, it may be reused.(3) The facility must comply with the requirements of 40 C.F.R. §264.196, except that references to other sections in 40 C.F.R. Part 264 shall mean this Chapter, and references to sections in 40 C.F.R. Part 270 shall mean 06-096 C.M.R. ch. 856.(4) The liquids must be removed from the containment structure of a storage facility which is not enclosed as soon as practicable, but in no case later than 24 hours or at another time approved by the Department after detection of the leak. Upon request by the owner or operator, the Department may extend the 24-hour time limit if the owner or operator demonstrates further removal is not necessary to prevent further harm to human health or the environment. An evaluation must be performed as to whether such liquids are a hazardous waste prior to treatment or disposal of the liquids.(5) If, at any time during operation, closure, or post-closure of the facility, the performance standards of this section are not being met, a corrective action program must be implemented, details of which must be specified or approved by the Department.F. Air, Ground Water and Surface Water Monitoring. The Board or Department may require ground water, surface water and air quality monitoring in accordance with the requirements of Sections 8(D), 8(E), and 8(F) of this Chapter if it determines that such monitoring is necessary to ensure protection of public health and safety or of the environment.G.Closure. The facility must comply with the requirements of 40 C.F.R. §§264.178 and 264.197, except that references to other sections of subparts of 40 C.F.R. §264 shall mean this Chapter, and references to sections of 40 C.F.R. Part 261 shall mean 06-096 C.M.R. ch. 850, and a variance under 40 C.F.R. §264.193(g) is not allowed.06-096 C.M.R. ch. 854, § 12