Sec. 26.13.05.10-3. Design and Installation of New Tank Systems and Components

A. The owner or operator of a new tank system may not manage hazardous waste in the tank system unless the written assessment required by § B(1) of this regulation demonstrates to the Secretary's satisfaction 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 waste or wastes to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail.

B. Owners or operators of new tank systems or components shall:

(1) Demonstrate, through a written assessment reviewed and certified by an independent, qualified, registered professional engineer, in accordance with COMAR 26.13.07.03D, that the tank system has sufficient structural integrity and is acceptable for the management of hazardous waste;

(2) Include, at a minimum, in the assessment required by § B(1) of this regulation, the following information:

(a) Design standard or standards according to which the tank system and ancillary equipment will be constructed;

(b) Hazardous characteristics of the waste or wastes to be managed;

(c) 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:

(i) Factors affecting the potential for corrosion, including but not limited to soil moisture content, soil pH, soil sulfides level, soil resistivity, structure to soil potential, influence of nearby underground metal structures such as piping, existence of stray electric current, existing corrosion protection measures such as coating or cathodic protection; and

(ii) The type and degree of external corrosion protection that are needed to ensure the integrity of the system during the use of the system or component, consisting of corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, corrosion-resistant coating such as epoxy or fiberglass, with cathodic protection such as impressed current or sacrificial anodes, or electrical isolation devices such as insulating joints or flanges;

(d) For underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage; and

(e) Design considerations to ensure that tank:

(i) Foundations will maintain the load of a full tank;

(ii) Systems will be anchored to prevent flotation or dislodging where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of 40 CFR §264.18(a); and

(iii) Systems will withstand the effects of frost heave;

(3) Submit to the Secretary the written assessment required by §B(1) of this regulation as part of the owner's or operator's application for a Controlled Hazardous Substances facility permit or permit modification;

(4) Comply with the following requirements for installation of new tank systems:

(a) Ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation;

(b) Before covering, enclosing, or placing a new tank system or component in use, have the tank system inspected by 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, for the presence of any of the following items:

(i) Weld breaks,

(ii) Punctures,

(iii) Scrapes of protective coatings,

(iv) Cracks,

(v) Corrosion, and

(vi) Other structural damage or inadequate construction or installation;

(c) Remedy all discrepancies detected in the inspection required by §B(4)(b) of this regulation before the tank system is covered, closed, or placed in use;

(5) Use a backfill material that is a noncorrosive, porous, homogeneous substance for new tank systems or components that are placed underground and that are backfilled, and install the backfill material so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported;

(6) Test all new tanks and ancillary equipment for tightness before covering, enclosing, or placing in use;

(7) Perform all repairs necessary to remedy any leaks in the tank system before covering, enclosing, or placing the system into use;

(8) Ensure that ancillary equipment is supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction;

(9) Provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under the requirements of §B(2)(c) of this regulation, or other corrosion protection if the Secretary believes other corrosion protection is necessary to ensure the integrity of the tank system during its use;

(10) Ensure that the installation of a corrosion protection system that is field-fabricated is supervised by an independent corrosion expert to ensure proper installation;

(11) Obtain and keep on file at the facility written statements by the persons required to certify the design of the tank system in accordance with §B(1) and (2) of this regulation and the persons required to supervise the installation of the tank system in accordance with the requirements of §B(4)-(10) of this regulation that attest that the tank system was properly designed and installed, and that repairs required by §B(4)(c) and (7) of this regulation were performed;

(12) Include, in the written statements required by §B(11) of this regulation, the certification statement as required in COMAR 26.13.07.03D.