§ 66264.190. Applicability.

The requirements of this article apply to owners and operators of facilities that use tank systems for transferring, storing or treating hazardous waste except as otherwise provided in subsections (a), (b) and (c) of this section or in section 66264.1 of this chapter.

(a) Tank systems that are used to transfer, store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in section 66264.193. To demonstrate the absence or presence of free liquids in the transferred/stored/treated waste, EPA Method 9095 (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Publication No. SW-846 Third Edition and Updates, (incorporated by reference in section 66260.11 of this chapter) shall be used.

(b) Tank systems, including sumps, as defined in section 66260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in section 66264.193(a) of this article.

(c) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in 66260.10 of this chapter and regulated under Chapter 14, Article 15.7, shall meet the requirements of this article.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of first paragraph, new subsection (c) and amendment of Note filed 7-29-94; operative 8-29-94 (Register 94, No. 30).

3. Amendment of subsection (c) and Note filed 7-24-97; operative 7-24-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 30).

4. Amendment of subsection (a) and Note filed 10-13-98; operative 11-12-98 (Register 98, No. 42).

Note

Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.190.