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Tank Certification – Permit-By-Rule (PBR) Compliance ProgramTank Certification - Permit-By-Rule (PBR) Compliance Program

Tanks Certification  - Permit-By-Rule (PBR) Compliance Program

The Wright-Polanco-Lempert Hazardous Waste Treatment Permit Reform Act of 1992 (Assembly Bill 1772), which went into effect on January 1, 1993, made important changes to state law governing the treatment and storage of hazardous wastes.  Assembly Bill 1772 (AB1722) established a five-tiered program for authorizing treatment and/or storage at many businesses that require State authorization to treat or store hazardous waste, but do not require a hazardous waste facility permit under the Resource Conservation and Recovery Act (RCRA).  The five tiers, in descending order of regulatory burden, are:

  1. The RCRA equivalent “Full Permit” tier required for all RCRA regulated facilities, and for state regulated incinerators and land disposal facilities;
  2. The “Standardized Permit” tier for non-RCRA regulated, offsite treatment or storage facilities (i.e., facilities that treat or store hazardous wastes generated at other facilities);
  3. The “Permit by Rule” (PBR) tier for non-RCRA regulated, onsite treatment facilities subject to the requirements set forth in Title 22 of the California Code of Regulations (CCR), Division 4.5, Chapter 45 (22 CCR §67450);
  4. The “Conditional Authorization” tier for onsite treatment facilities subject to PBR requirements and the requirements set forth in the Health and Safety Code (HSC) §25200.3; and
  5. The “Conditional Exemption” tier for onsite treatment facilities subject to PBR requirements and the requirements set forth in HSC §25201.5(a) or §25201.5(c).  The Title 22, Division 4.5, The Environmental Health Standards for Management of Hazardous Waste, Chapter 15, the interim status for owner and operators of Hazardous waste transfer, treatment, storage and disposal facilities, Article 10, the tank system, Section 66265.192, requirement states that:(a) Owners or operators of new tank systems or components shall 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 waste(s) to be transferred, stored or treated, and corrosion protection so that it will not collapse, rupture, or fail. The owner or operator shall obtain a written assessment reviewed and certified by an independent, qualified, professional engineer, registered in California in accordance with section 66270.11(d) attesting that the system has sufficient structural integrity, is acceptable for the transferring, storing and treating of hazardous waste, and that the tanks and containment system are suitably designed to achieve the requirements of this article. This assessment shall be obtained prior to placing the tank system in service, and shall be kept on file at the facility.
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