Current through Vol. 24-16, September 15, 2024
Rule 20. Section 280.35 is added as adopted from the July
15, 2015, EPA-UST rules as follows:
Section 280.35. Periodic testing of spill prevention
equipment and containment sumps used for interstitial monitoring of piping and
periodic inspection of overfill prevention equipment.
(a) Owners and operators of UST systems with
spill and overfill prevention equipment and containment sumps used for
interstitial monitoring of piping shall meet these requirements to ensure the
equipment is operating properly and will prevent releases to the environment:
(1) Spill prevention equipment (such as a
catchment basin, spill bucket, or other spill containment device) and
containment sumps used for interstitial monitoring of piping shall prevent
releases to the environment by meeting either of the following:
(i) The equipment is double walled and the
integrity of both walls is periodically monitored at a frequency not less than
the frequency of the walkthrough inspections described in section 280.36.
Owners and operators shall begin meeting paragraph (a)(1)(ii) of this section
and conduct a test within 30 days of discontinuing periodic monitoring of this
equipment.
(ii) The spill
prevention equipment and containment sumps used for interstitial monitoring of
piping are tested at least once every 3 years to ensure the equipment is liquid
tight by using vacuum, pressure, or liquid testing in accordance with 1 of the
following criteria.
(A) Requirements
developed by the manufacturer. Note: This is only an option if the manufacturer
has developed requirements.
(B)
Code of practice developed by a nationally recognized association or
independent testing laboratory.
(C)
Requirements determined by the implementing agency to be no less protective of
human health and the environment than the requirements listed in subparagraphs
(a)(1)(ii)(A) and (B) of this section.
(2) Overfill prevention equipment shall be
inspected at least once every 3 years. At a minimum, the inspection shall
ensure that overfill prevention equipment is set to activate at the correct
level specified in subsection 280.20(c) and will activate when regulated
substance reaches that level. Inspections shall be conducted in accordance with
1 of the criteria in subparagraphs (a)(1)(ii)(A) to (C) of this
section.
(3) An under-dispenser
containment (UDC) sump containing single-wall piping within or above the UDC
sump is not considered to be a containment sump used for interstitial
monitoring of piping, if both of the following apply:
(i) The dispenser system and UDC sump were
installed prior to April 11, 2016.
(ii) The UDC sump is not used for
interstitial monitoring of double-wall piping installed outside the
sump.
(b)
Owners and operators shall begin meeting these requirements as follows:
(1) For UST systems in use on or before
October 13, 2015, the initial spill prevention equipment test, containment sump
test and overfill prevention equipment inspection must be conducted not later
than October 13, 2018, or as otherwise allowed under section 280.10(f). For
diligent tank owners who nevertheless are unable to comply with the October
2018 deadline, the department considers any good faith effort to comply with
the law when deciding if and how to respond to a violation.
(2) For UST systems brought into use after
October 13, 2015, these requirements apply at installation.
(c) Owners and operators shall
maintain the following records, in accordance with section 280.34, for spill
prevention equipment, containment sumps used for interstitial monitoring of
piping, and overfill prevention equipment:
(1) All records of testing or inspection
shall be maintained for 3 years.
(2) For spill prevention equipment and
containment sumps used for interstitial monitoring of piping not tested every 3
years, documentation showing that the prevention equipment is double walled and
the integrity of both walls is periodically monitored must be maintained for as
long as the equipment is periodically monitored.
