Current through Vol. 24-16, September 15, 2024
Rule 3. Sections 280.10 is amended to read as
follows:
Section 280.10.
(a) The requirements of these rules apply to
all owners and operators of a UST system as defined in section 280.12, except
as otherwise provided in subsection (c) of this section.
(1) Previously deferred UST systems. Airport
hydrant fuel distribution systems, UST systems with field-constructed tanks,
and UST systems that store fuel solely for use by emergency power generators
shall meet the following requirements as applicable:
(i) Airport hydrant fuel distribution systems
and UST systems with field-constructed tanks shall meet the requirements in
subpart K.
(ii) UST systems that
store fuel solely for use by emergency power generators installed on or before
October 13, 2015 shall meet the subpart D requirements on or before October 13,
2018.
(iii) UST systems that store
fuel solely for use by emergency power generators installed after October 13,
2015 shall meet all applicable requirements of these rules at
installation.
(2) Any
UST system listed in subsection c of this section shall meet the requirements
of section 280.11.
(c) Partial exclusions. Subparts B, C, D, E,
G, J, and K do not apply to any of the following types of UST systems:
(1) A wastewater treatment tank system not
covered under definition of underground storage tank.
(2) Any UST system that contains radioactive
material and which is regulated under the provisions of the atomic energy act
of 1954, as amended, 42
U.S.C. §
2011 et seq.
(3) Any UST system that is part of an
emergency generator system at nuclear power generation facilities licensed by
the nuclear regulatory commission and subject to nuclear regulatory commission
requirements regarding design and quality criteria, including but not limited
to 10 C.F.R. part 50.
(4)
Aboveground storage tanks associated with either of the following:
(i) Airport hydrant fuel distribution systems
regulated under subpart K.
(ii) UST
systems that have field-constructed tanks regulated under subpart K.
(d) Prohibitions.
(1) Upon notification by the implementing
agency, a person shall not deliver a regulated substance into any UST system if
the system is not in compliance with these rules. Such notification may include
verbal or written communication or an affixed written notification on the UST
system.
(2) A person shall not
tamper with, remove, or disregard written notification affixed to the UST
system.
(3) Any UST system or
practice that is not in compliance with these rules shall be considered to be
in violation of these rules.
(4) An
owner and operator shall not continue to use an UST system that is causing a
release. If the release is from the piping, then the piping shall be emptied of
any liquid product until repaired and tested or replaced. If the release is
from the tank, or if the origin of the release cannot be determined, then the
UST system shall be expeditiously emptied of all liquid product until repaired
and tested or replaced.
(e) An implementing agency may order, at the
expense of the owner, a tightness test of a UST system in accordance with the
provisions of subsections 280.43(c) and 280.44(b), the installation of dry well
test holes, or the emptying of a UST system in accordance with the provisions
of section 280.71 when there is reason to believe that the UST system is
releasing a regulated substance.
(f) A person may request a variation of the
application of a rule by applying to the department with a satisfactory
explanation of why compliance is not possible, and stating what equivalent
safety factors will be used instead of the rule. If the requested variation
involves a substantive rule as opposed to a procedural rule, such as time
deadlines, then the department shall notify affected state and local agencies
of the nature of, and the reasons for, the request and consider any input
provided within 10 days of receipt of the notice by affected state and local
agencies. The department may make a variation upon finding that the variation
does not result in an increased hazard to life, property, or the environment.
The findings must be transmitted to the person requesting the variation and
must be maintained at the facility.
(1)
Within 45 days of receiving a request for variance of section 280.35, the
department may grant a variance to any person requesting to extend the
compliance deadline for completion of integrity testing, as required under
Section 280.35, of existing spill prevention equipment and containment sumps
used for interstitial monitoring at all systems that they are responsible for
under this section, not to exceed October 13, 2021. Existing spill prevention
equipment and containment sumps are those installed prior to April 11,
2016.
(2) As an equivalent measure
for purposes of granting the variance, the requestor shall inspect all spill
prevention equipment and containment sumps used for interstitial monitoring
included under the variance as part of their normal inspections as required by
these rules. Equivalent measures may be ceased for spill prevention equipment
and containment sumps for which integrity testing has been completed.
(3) The variance request shall include a
written plan that the requestor will implement by October 13, 2021 to insure
completion of integrity testing at all systems that the requestor is
responsible for.
(g) A
person aggrieved by a final decision of the department on a request for
variance may appeal to the circuit court within 21 days of the
decision.
(h) All UST systems shall
comply with R 29.5601 to
R 29.5605 and
R 29.5651 to
R 29.5917. These rules shall
supersede any conflicting provision of
R 29.5601 to
R 29.5605 and
R 29.5651 to
R 29.5917.
(i) UST systems installed on or before the
effective date of these amendatory rules in accordance with the provisions of
R 29.2101 to
R 29.2169 then in effect are deemed
to be in compliance with these amendatory rules. Where specified, the
provisions of these rules are retroactive.
