Current through September 24, 2024
In order to prevent leaks due to structural failure,
corrosion, or spills and overfills for as long as the UST system is used to
store regulated substances, all owners and operators of new UST systems must
meet the following requirements.
(a)
Tanks. Each tank must be properly designed and constructed,
and any portion underground that routinely contains product must be protected
from corrosion, in accordance with a code of practice developed by a nationally
recognized association or independent testing laboratory as specified below and
all new or replacement tanks installed on or after October 1, 2008, must have
secondary containment in accordance with § 280.20(a)(4):
(1) The tank is constructed of
fiberglass-reinforced plastic; or
(2) The tank is constructed of steel and
cathodically protected in the following manner:
(i) The tank is coated with a suitable
dielectric material;
(ii)
Field-installed cathodic protection systems are designed by a corrosion
expert;
(iii) Impressed current
systems are designed to allow determination of current operating status as
required in § 280.32(c);
(iv)
Cathodic protection systems are operated and maintained in accordance with
§ 280.32; and
(v) The cathodic
protection systems meet the MDEQ "Guidance for the Evaluation of Underground
Storage Tank Cathodic Protection Systems" document or similar guidance as
approved by MDEQ or
(3)
The tank is of composite construction (steel clad with fiberglass-reinforced
plastic or other polymeric materials); or
(4) The tank is of secondary containment
construction. Secondarily contained tanks shall comply with the following:
(i) Prevent the release of regulated
substances to the environment for the operational life of the tank;
(ii) Prevent the ingress of water or other
external fluids into the interstitial space for the operational life of the
tank;
(iii) Allow for monitoring of
the interstitial space to detect any leak from the primary tank and ingress of
external fluids;
(iv) Be checked
for evidence of a leak and ingress of external fluids at least once every 30
days in accordance with § 280.43(g) and be repaired within 90 days of an
observed failure, or another timeframe as approved by MDEQ; and
(v) Be compatible with the substances stored
and external soil/fluids for the operational life of the tank; or
(5) The tank construction and
corrosion protection are determined by the MDEQ to be designed to prevent the
leak or threatened leak of any stored regulated substance in a manner that is
no less protective of human health and the environment than paragraphs (a)(1)
through (4) of this rule.
(b)
Piping. Each pipe and
ancillary component that routinely contains regulated substances must be
properly designed, constructed, and protected from corrosion as specified below
and all new or replacement piping installed on or after October 1, 2008, that
is not part of a repair must be secondarily contained in accordance with §
280.20(b)(4):
(1) The piping is constructed
of fiberglass-reinforced plastic or other polymeric materials; or
(2) The piping is constructed of steel and
cathodically protected in the following manner:
(i) The piping is coated with a suitable
dielectric material;
(ii)
Field-installed cathodic protection systems are designed by a corrosion
expert;
(iii)Impressed current
systems are designed to allow determination of current operating status as
required in § 280.32(c);
(iv)
Cathodic protection systems are operated and maintained in accordance with
§ 280.32; and
(v) The cathodic
protection systems meet the MDEQ "Guidance for the Evaluation of Underground
Storage Tank Cathodic Protection Systems" document or similar guidance as
approved by MDEQ; or
(3)
The piping is of composite construction (metal with fiberglass-reinforced
plastic or other polymeric materials; or
(4) The piping is of secondarily contained
construction. Secondarily contained piping shall comply with the following:
(i) Prevent the release of regulated
substances to the environment for the operational life of the piping
system;
(ii) Prevent the ingress of
water or other external fluids into the interstitial space for the operational
life of the piping system;
(iii)Allow for monitoring of the interstitial
space to detect any leak from the primary pipe and ingress of external
fluids;
(iv) Be checked for
evidence of a leak and ingress of external fluids at least once every 30 days
in accordance with § 280.44(c) and be repaired within 90 days of an
observed failure, or another timeframe as approved by MDEQ; and
(v) Be compatible with the substances stored
and external soil/fluids for the operational life of the piping system;
or
(5) The piping
construction and corrosion protection are determined by the MDEQ to be designed
to prevent the leak or threatened leak of any stored regulated substance in a
manner that is no less protective of human health and the environment than the
requirements in paragraphs (b) (1) through (4) of this section
(c)
Spill
prevention equipment. Except as provided in § 280.20(e)(2), to
prevent spilling associated with product transfer to the UST system, owners and
operators must use spill prevention equipment that will, for the operational
life of the spill prevention equipment:
(1)
Prevent the release of any product to the environment that may leak from the
transfer hose/tank connection during the product transfer; and
(2) Be compatible with the substances stored
and external soil/fluids.
(3) The
spill prevention equipment must be checked for evidence of a leak and/or
ingress of external fluids at least once every 12 months in accordance with
§ 280.30 and be repaired within 90 days of an observed failure, or another
timeframe as approved by MDEQ.
(d)
Overfill prevention
equipment. Except as provided in § 280.20(e)(2), and, to prevent
overfilling of the tank during product transfer to the UST system, owners and
operators must use overfill prevention equipment that is accessible for
inspection, compatible with the substances stored and will, for the operational
life of the overfill prevention equipment, meet one of the following:
(1) Automatically shut off flow into the tank
when the tank is no more than 95 percent full; or
(2) Alert the transfer operator when the tank
is no more than 90 percent full by restricting the flow into the tank or
triggering a high-level alarm; or
(3) An alternative method approved by MDEQ
prior to installation.
The overfill prevention equipment must be checked for
proper operation at least once every 12 months in accordance with § 280.30
and be repaired within 90 days of an observed failure, or another timeframe as
approved by MDEQ.
Note to paragraph (d): Flow restrictors used in vent lines
may not be used to comply with paragraph (d) when overfill prevention is
installed or replaced after October 5, 2018.
(e) Owners and operators are not required to
use the spill and overfill prevention equipment specified in paragraphs (c) and
(d) of this rule if:
(1) Alternative
equipment is used that is determined by the MDEQ to be no less protective of
human health and the environment than the equipment specified in paragraphs (c)
and (d) of this rule; or
(2) The
UST system is filled by transfers of no more than 25 gallons at one
time.
(f)
Installation. All tanks, piping and ancillary equipment must
be properly installed in accordance with one or more of the industry codes and
recommended practices listed in § 280.13 and in accordance with the
manufacturer's instructions.
(g)
Certification of installation. All owners and operators must
ensure that all tanks, piping and applicable ancillary components are installed
by a contractor certified by the MDEQ as a UST installer. Owners and operators
must provide certification of compliance with these requirements on the UST
notification form in accordance with § 280.22. In addition, one or more of
the following may also be required in order to demonstrate compliance with
paragraph (f) of this rule by providing a certification of compliance on the
UST notification form in accordance with § 280.22.
(1) The installer has been certified by the
manufacturer; or
(2) All work
listed in the manufacturer's installation checklists have been completed; or
(3) The owner and operator have
complied with another method for ensuring compliance with paragraph (f) of this
rule that is determined by the MDEQ to be no less protective of human health
and the environment.
(h)
Dispensers. All new or replacement dispensers installed on or after October 1,
2008, must have secondary containment installed that will:
(1) Prevent the release of regulated
substances to the environment for the operational life of the dispenser
secondary containment;
(2) Prevent
the ingress of water or other external fluids into the interstitial space for
the operational life of the dispenser secondary containment;
(3) Allow for monitoring of the interstitial
space to detect any leak from the dispensers or enclosed components of the
piping system and ingress of external fluids;
(4) Be checked for evidence of a leak and
ingress of external fluids at least once every 30 days in accordance with
§ 280.45 and be repaired within 90 days of an observed failure, or another
timeframe as approved by MDEQ; and
(5) Be compatible with the substances stored
and external soil/fluids for the operational life of the dispenser secondary
containment.
(i)
Submersible pumps. All new or replacement submersible pumps installed on or
after October 1, 2008, must have secondary containment installed that will:
(1) Prevent the release of regulated
substances to the environment for the operational life of the submersible pump
secondary containment;
(2) Prevent
the ingress of groundwater or other external fluids into the interstitial space
for the operational life of the submersible pump secondary
containment;
(3) Allow for
monitoring of the interstitial space to detect any leak from the submersible
pump or enclosed components of the piping system and ingress of external
fluids;
(4) Be checked for evidence
of a leak and ingress of external fluids at least once every 30 days in
accordance with § 280.45 and be repaired within 90 days of an observed
failure, or another timeframe as approved by MDEQ; and
(5) Be compatible with the substances stored
and external soil/fluids for the operational life of the submersible pump
secondary containment.
(j) Piping shear valves. All pressurized
piping must be equipped with shear valves designed to shut-off the flow of
product in the event a dispenser cabinet is impacted. All shear valves must be:
(1) Properly installed in accordance with one
or more of the industry codes and recommended practices listed in § 280.13
and in accordance with the manufacturer's instructions.
(2) Effective October 1, 2009, be tested for
functionality (the poppet valve or other shut off mechanism is manually closed
to confirm that it will shut off the flow of product) at least once every 12
months and be repaired within 90 days of an observed failure, or another
timeframe as approved by MDEQ.
(3)
Records. A written record documenting the shear valve testing must be
maintained (in accordance with § 280.35) to demonstrate compliance with
this section. These records must provide the results of the last two (2) tests
required in this section.
