Ohio Administrative Code
Title 1301:7 - Division of State Fire Marshal
Chapter 1301:7-9 - Underground Storage Tanks
Section 1301:7-9-06 - Design, construction, installation, operation, and maintenance for UST systems
Universal Citation: OH Admin Code 1301:7-9-06
Current through all regulations passed and filed through September 16, 2024
(A) Purpose and scope.
(1) For the purpose of prescribing rules
pursuant to section
3737.88
of the Revised Code, the state fire marshal hereby adopts this rule to
establish design, construction, installation, operation and maintenance
requirements for underground storage tanks containing petroleum or other
regulated substances. This rule is adopted by the state fire marshal in
accordance with Chapter 119. of the Revised Code and shall not be considered a
part of the "Ohio Fire Code."
(2)
Where any provision in this rule creates a duty of compliance for an owner and
operator, and the owner and operator are separate persons, compliance may be
attained by either person. In the event of noncompliance, both are
liable.
(B) Performance standards for new UST systems.
(1) New UST
systems shall be provided with secondary containment for the UST and
underground piping that routinely contains regulated substances to completely
contain a release of a regulated substance and prevent a release of a regulated
substance to the environment at any time during the operational life of the UST
system pursuant to the following requirements:
(a) New USTs shall be double-wall and shall
be equipped, operated and maintained pursuant to paragraphs (D)(1) and (D)(2)
of this rule;
(b) Underground
piping that routinely contains regulated substances that is part of a new UST
system shall be double-wall and shall be equipped, operated and maintained
pursuant to paragraphs (D)(3) and (D)(4) of this rule except that:
(i) Underground piping that conveys petroleum
under suction is not required to be equipped to meet the secondary containment
requirements of paragraph (B)(1)(b) of this rule; and
(ii) A manifold that conveys petroleum under
suction between tanks is not required to be equipped to meet the secondary
containment requirements of paragraph (B)(1)(b) of this rule;
(c) New UST systems shall be
equipped with containment sumps and operated and maintained pursuant to
paragraphs (D)(5) and (D)(6) of this rule, and containment sumps shall be
present at the following locations:
(i) In
those areas where piping that routinely contains regulated substances exits the
UST;
(ii) In those areas where
piping that routinely contains regulated substances transitions from
underground to above ground;
(iii)
In those areas where a transition sump is required to maintain the proper slope
of piping that routinely contains regulated substances; and
(iv) In those areas under each motor fuel
dispenser;
(d) Other
methods of secondary containment, such as vaults, external liners and jackets,
may be used if owners and operators:
(i)
Demonstrate to the state fire marshal that the alternative method of secondary
containment is at least as protective of human health and the environment as
those methods described in paragraphs (B)(1) (a) to (B)(1)(c) of this rule;
and
(ii) Obtain written approval
from the state fire marshal to use the alternative method of secondary
containment before installation and operation of the new UST system. The state
fire marshal may approve, deny or rescind the method at the state fire
marshal's discretion. If the alternative method of secondary containment is
approved by the state fire marshal, the owner and operator shall comply with
any conditions imposed by the state fire marshal on its use. The alternative
method request shall be evaluated on a site by site basis;
(e) New UST systems shall be equipped with
spill prevention equipment and overfill prevention equipment pursuant to
paragraphs (D)(7) and (D)(8) of this rule, except that flow restrictors in vent
lines may not be used to meet overfill prevention requirements on new UST
systems;
(f) If an owner or
operator elects to equip an UST system in a manner that exceeds the
requirements of this rule, the owner and operator is only required to maintain
the UST system to the extent required by this rule; and
(g) New UST systems shall meet compatibility
requirements described in paragraph (D)(9) of this rule.
(C) Performance standards for existing UST systems.
(1) Existing underground
storage tanks (i.e., just the tank portion of the system) shall be equipped,
operated and maintained pursuant to paragraphs (D)(1) and (D) (2) of this rule
except that:
(a) Existing USTs installed prior
to May 16, 2011, are not required to be equipped to meet the new UST secondary
containment requirements of paragraph (B)(1) of this rule unless the USTs
undergo work pursuant to paragraph (C)(6)(a) of this rule; and
(b) The addition of internal lining in the
field to an existing metal UST system to meet cathodic protection requirements
is prohibited.
(c) The addition of
internal lining in the field to UST systems for purposes other than for
cathodic protection is allowed. Owners and operators shall comply with any
conditions imposed by the state fire marshal on the use of internal lining.
Owners and operators shall obtain approval from the manufacturer of the UST
prior to the addition of internal lining. All lining activity shall be
performed by a person recognized by the manufacturer to perform the lining of
the UST.
(2) Existing
underground piping that routinely contains regulated substances shall be
equipped, operated and maintained pursuant to the new piping requirements
defined in paragraph (B)(1)(b) and paragraphs (D)(3) and (D)(4) of this rule
except that:
(a) Existing underground piping
associated with UST systems installed prior to March 1, 2005, is not required
to be equipped to meet secondary containment requirements of paragraph
(B)(1)(b) of this rule except those piping components undergoing work pursuant
to paragraph (C)(6)(b) of this rule;
(b) Existing underground piping that conveys
petroleum under suction is not required to be equipped to meet secondary
containment requirements of paragraph (B)(1)(b) this rule;
(c) Existing suction manifolds between tanks
are not required to be equipped to meet the secondary containment requirements
of paragraph (B)(1)(b) of this rule; and
(d) Existing UST systems installed prior to
March 1, 2005, are not required to be equipped with isolation valves between
the piping and the tank as described in paragraph (D)(3)(d) of this
rule.
(3) Existing UST
systems shall be equipped, operated and maintained with containment sumps as
specified in paragraphs (D)(5) and (D)(6) of this rule except that existing UST
systems installed prior to March 1, 2005, are not required to be equipped with
containment sumps except for those UST systems undergoing work pursuant to
paragraphs (C)(6)(c) and (C)(6)(d) of this rule.
(4) Existing UST systems shall be equipped
with spill prevention equipment and overfill prevention equipment meeting the
requirements of paragraphs (D)(7) and (D)(8) of this rule except that:
(a) Existing UST systems installed prior to
March 1, 2005, that were filled with transfers of no more than twenty-five
gallons at one time are not required to be equipped to meet the spill and
overfill requirements of this rule except USTs undergoing work pursuant to
paragraph (C)(6)(a) of this rule;
(b) Flow restrictors in the vent lines for
overfill prevention shall not be allowed on any type of suction system, USTs
filled by a pressurized delivery system, or USTs utilizing coaxial stage I
vapor recovery systems; and
(c)
Flow restrictors in vent lines may not be used to meet overfill prevention
requirements when an existing flow restrictor is replaced.
(5) Existing UST systems containing hazardous
substances as defined in rule
1301:7-9-03
of the Administrative Code shall be equipped, operated and maintained pursuant
to the new UST system requirements defined in paragraph (B) of this rule except
that:
(a) Existing UST systems installed
prior to March 1, 2005, are not required to be equipped with containment sumps
in all of the locations described in paragraph (B)(1)(c) of this rule. UST
systems shall have sufficient containment sumps to demonstrate that the UST
system is fully secondarily contained;
(b) Existing UST systems installed prior to
March 1, 2005, are not required to be equipped with isolation valves between
the piping and the tank pursuant to paragraph (D)(3)(d) of this rule;
(c) Existing UST systems installed prior to
March 1, 2005, that are filled with transfers of no more than twenty-five
gallons at one time are not required to be equipped to meet the spill and
overfill requirements of paragraphs (D)(7) and (D)(8) of this rule;
and
(d) Existing underground piping
and manifolds that convey hazardous substance under suction shall be equipped
with full secondary containment pursuant to paragraph (B)(1)(b) of this
rule.
(6) Any work
performed on an existing UST system that requires a permit pursuant to rule
1301:7-9-10
of the Administrative Code or as otherwise provided in this paragraph, shall
meet the following requirements:
(a) If work
causes an existing UST to be replaced, the new UST shall be equipped, operated
and maintained pursuant to the new UST requirements defined in paragraph
(B)(1)(a) of this rule. The following requirements may also apply:
(i) Tank top containment sumps shall be
installed pursuant to paragraph (B)(1)(c)(i) of this rule; and
(ii) Existing piping and dispenser
containment sumps shall be installed, replaced, or modified pursuant to
paragraphs (C)(6)(b) to (C)(6)(d) of this rule;
(b) If piping is installed, replaced,
modified, or undergoes major repair that affects more than fifty per cent of an
existing piping run measured as the length of the pipe between the connection
at the UST and the furthest dispenser or use location associated with the UST
connection that routinely contains regulated substances, then the piping and
associated containment sumps shall be equipped, operated and maintained
pursuant to the new piping and containment sump requirements defined in
paragraphs (B)(1)(b) and (B)(1)(c) of this rule. The measurements relating to
the fifty per cent threshold shall be cumulative and shall include all work
performed after May 16, 2011;
(c)
If a new fuel dispenser is installed where there previously was no fuel
dispenser at an existing UST site then a new containment sump shall be
installed pursuant to paragraphs (D)(5) and (D)(6) of this rule; and
(d) If an existing fuel dispenser is replaced
with another fuel dispenser and all of the equipment needed to connect the
dispenser to the underground storage tank system is installed, replaced,
modified or undergoes a major repair at the same time, then a new containment
sump shall be installed pursuant to paragraphs (D)(5) and (D)(6) of this rule.
The equipment necessary to connect the dispenser to the underground storage
tank system includes check valves, shear valves, unburied risers, flexible
connectors, and other transitional components that are underneath the dispenser
and connect the dispenser to the underground piping.
(7) If an owner and operator elects to equip
an UST system in a manner that exceeds the requirements of this rule, the owner
and operator is only required to maintain the UST system to the extent required
by this rule.
(8) Existing UST
systems that undergo a change of product shall meet compatibility requirements
described in paragraph (D)(9) of this rule.
(D) Design, construction, operation and maintenance of UST systems.
(1) USTs shall be
designed and constructed pursuant to one of the following:
(a) The tank is constructed of
fiberglass-reinforced plastic in compliance with Underwriters Laboratories
Standard 1316-06, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for
Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures";
(b) The tank is constructed of metal in
compliance with Underwriters Laboratories Standard 58-98, "Steel Underground
Tanks for Flammable and Combustible Liquids," coated with a suitable dielectric
material and cathodically protected using:
(i)
Field-installed cathodic protection systems that are designed by a corrosion
expert; or
(ii) The tank and
cathodic protection system comply with the requirements of one of the
following:
(a) Underwriters Laboratories
Standard 1746-14, "Standard for External Corrosion Protection Systems for Steel
Underground Storage Tanks";
(b)
National Association of Corrosion Engineers International Standard Practice
SP-0285-11; "External Corrosion Control of Underground Storage Tank Systems by
Cathodic Protection"; or
(c) Steel
Tank Institute STI-P3-15, "Specification and Manual for External Corrosion
Protection of Underground Steel Storage Tanks"; or
(c) The tank is constructed of a
steel-fiberglass-reinforced-plastic composite in compliance with:
(i) Underwriters Laboratories Standard
1746-14, "Standard for External Corrosion Protection Systems for Steel
Underground Storage Tanks," or
(ii)
Steel Tank Institute F894-15, "ACT-100 Specification for External Corrosion
Protection of FRP Composite Steel Underground Storage Tanks."
(2) USTs shall be
operated and maintained pursuant to all of the following:
(a) Owners and operators shall use UST system
components that are compatible with the regulated substance stored in the UST
system pursuant to the compatibility requirements described in paragraph (D)(9)
of this rule;
(b) If the UST system
is used to store alcohol blends, the owner and operator shall ensure
compatibility by complying with the compatibility requirements described in
paragraph (D)(9) of this rule;
(c)
Owners and operators shall inspect all accessible UST and piping components at
least once a year for evidence of degradation and shall correct any
deficiencies that could cause a release or prevent release detection equipment
from working properly. At a minimum, USTs and piping shall be monitored for any
visible corrosion, pealing, cracking or excessive distortion of the UST and
piping components;
(d) Operation
and maintenance of corrosion protection.
(i)
All corrosion protection systems shall be operated and maintained to
continuously provide corrosion protection.
(ii) All UST systems equipped with cathodic
protection systems shall be tested for proper operation by a cathodic
protection tester within six months of installation and at least every three
years thereafter.
(iii) UST systems
with impressed current cathodic protection systems shall be inspected every
sixty days by the owner and operator to ensure that the equipment is operating
properly.
(iv) For UST systems
using cathodic protection, records of the testing of the cathodic protection
system shall be maintained in compliance with this rule. These records shall
provide the following:
(a) The results from
the last two tests required in paragraph (D)(2) (d)(ii) of this rule;
and
(b) The results of the last six
inspections required by paragraph (D) (2)(d)(iii) of this rule.
(v) The following codes of
practice may be used to comply with paragraph (D)(2)(d) of this rule:
(a) National Association of Corrosion
Engineers International Standard Practice SP0285-11, "External Corrosion
Control of Underground Storage Tank Systems by Cathodic Protection";
(b) National Association of Corrosion
Engineers International Test Method TM0101-12, "Measurement Techniques Related
to Criteria for Cathodic Protection of Underground Storage Tank
Systems";
(c) National Association
of Corrosion Engineers International Test Method TM0497-12, "Measurement
Techniques Related to Criteria for Cathodic Protection on Underground or
Submerged Metallic Piping Systems";
(d) Steel Tank Institute R051-06, "Cathodic
Protection Testing Procedures for STI-P3 USTs"; or
(e) Steel Tank Institute R972-10,
"Recommended Practice for the Addition of Supplemental Anodes to STI-P3
USTs."
(vi) If cathodic
protection testing indicates failure or inconclusive results, or if the
cathodic protection equipment is turned off or disconnected from the UST system
for more than twelve months, then the UST system shall be assessed by a
corrosion expert as defined in rule
1301:7-9-02 of the
Administrative Code to affirm that the corrosion protection equipment is
performing pursuant to the requirements of this rule.
(e) UST systems internally lined to meet
cathodic protection requirements shall comply with the following:
(i) Within ten years after lining, and every
five years thereafter, the lined tank shall be internally inspected to
determine if it is structurally sound with the lining still performing in
accordance with American Petroleum Institute Publication RP 1631-01, "Interior
Lining and Periodic Inspection of Underground Storage Tanks"; and
(a) A modification permit shall be obtained
prior to performing work in accordance with rule
1301:7-9-10
of the Administrative Code;
(b)
Video camera inspections shall not be used to meet the requirements of this
paragraph;
(c) The use of personnel
and lining materials listed pursuant to rule
1301:7-7-34
of the Administrative Code (Ohio Fire Code) is not required; and
(d) After the effective date of this rule,
cathodic protection may not be added to previously lined USTs;
(ii) Any UST system internally
lined that fails to meet the criteria described in this paragraph shall be
removed in accordance with rule
1301:7-9-12
of the Administrative Code; and
(iii) UST systems internally lined that also
have cathodic protection that meets the requirements of paragraphs (D)(1) to
(D)(2)(d)(iv) of this rule do not have to comply with paragraph (D)(2)(e) of
this rule.
(f)
Non-metallic UST systems internally lined for compatibility purposes shall
comply with the following:
(i) UST lining
activities shall be in accordance with American Petroleum Institute Publication
RP 1631-01, "Interior Lining and Periodic Inspection of Underground Storage
Tanks" and with Fiberglass Tank and Piping Institute RP T-95-02,
"Remanufacturing of FRP Underground Storage Tanks";
(ii) A modification permit shall be obtained
prior to performing lining work in accordance with rule
1301:7-9-10
of the Administrative Code;
(iii)
The use of personnel and lining materials listed pursuant to rule
1301:7-7-34
of the Administrative Code (Ohio Fire Code) is not required; and
(iv) The periodic re-inspection of previously
lined fiberglass USTs is not required.
(g) All corrosion protection systems on UST
systems shall be installed, operated and maintained in a manner that minimizes
any adverse effects on adjacent underground metallic structures, including but
not limited to, natural gas pipe lines, telecommunication cables and water and
sewage pipelines. If at any time a corrosion protection system on an UST system
is believed to have adversely affected an adjacent underground metallic
structure, owners and operators shall immediately participate in the testing
and remediation of any such adverse effects.
(3) Piping that routinely contains regulated
substances shall be designed and constructed pursuant to the following:
(a) The piping is constructed of
fiberglass-reinforced plastic, flexible plastic technology piping or other
non-metallic piping in compliance with:
(i)
Underwriters Laboratories Standard 971-06, "Standard for Nonmetallic
Underground Piping for Flammable Liquids"; or
(ii) National Fire Protection Association
30-15, "Flammable and Combustible Liquids Code";
(b) The piping is constructed of metal in
compliance with:
(i) Underwriters Laboratories
Standard 971A-06, "Outline of Investigation for Metallic Underground Fuel
Pipe";
(ii) National Fire
Protection Association 30-15 "Flammable and Combustible Liquids Code";
or
(iii) American Society of
Mechanical Engineers B 31.3 -16, "ASME Code for Pressure Piping";
(c) Piping that is constructed of
metal that routinely contains regulated substances that is in contact with the
ground shall be coated with a suitable dielectric material and cathodically
protected using:
(i) Field-installed cathodic
protection systems that are designed by a corrosion expert; or
(ii) The piping and cathodic protection
systems meet the requirements of one of the following:
(a) American Petroleum Institute Publication
RP 1632-02, "Cathodic Protection of Underground Petroleum Storage Tanks and
Piping Systems";
(b) National
Association of Corrosion Engineers International Standard Practice SP0169-13,
"Control of External Corrosion on Underground or Submerged Metallic Piping
Systems";
(c) Steel Tank Institute
R892-06, "Recommended Practice for Corrosion Protection of Underground Piping
Networks Associated with Liquid Storage and Dispensing Systems"; or
(d) National Association of Corrosion
Engineers International Test Method TM0497-12, "Measurement Techniques Related
to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping
Systems"; and
(d) Piping that
routinely contains regulated substances shall be installed with an isolation
valve to allow for the separation of the piping from the UST. The isolation
valve shall be easily accessible.
(e) Piping, including vent piping and
ancillary equipment, shall not be configured in a manner that will cause
unintentional syphoning, backflow or over-pressurization of the UST system or
cause the defeat of shear valves, check valves, release detection equipment, or
similar components.
(4) Piping that routinely contains regulated
substances shall be operated and maintained pursuant to all of the following:
(a) Owners and operators shall use piping
system components that are compatible with the regulated substance stored in
the UST system pursuant to paragraph (D)(9) of this rule;
(b) Owners and operators shall inspect all
accessible piping components at least once a year for evidence of degradation
and shall correct any deficiencies that could cause a release or prevent
release detection equipment from working properly pursuant to paragraph
(D)(2)(c) of this rule;
(c) All
corrosion protection systems for metallic piping shall be operated and
maintained pursuant to the schedules and record keeping requirements found in
paragraph (D)(2)(d) of this rule;
(d) Repairs and modifications to piping shall
be in accordance with the following:
(i) Metal
pipe sections and fittings shall be repaired or modified using new sections and
fittings. Unions shall occur in containment sumps that meet the requirements of
paragraphs (D)(5) and (D)(6) of this rule; and
(ii) Connections for non-metallic piping
shall be in accordance with the manufacturer's requirements or codes of
practice developed by nationally recognized associations or independent testing
laboratories or other industry best practices.
(5) Containment sumps shall be properly
designed and constructed pursuant to all of the following:
(a) Each containment sump shall be large
enough to allow for the visible inspection and access of all components within
the containment sump;
(b) Each
penetration through a containment sump shall be water tight while allowing for
any forces that may act on the penetration;
(c) Each containment sump shall be designed
to minimize the infiltration of surface water into the containment sump area;
and
(d) Covers for containment
sumps shall be designed or managed to allow access to the containment sump
within four hours of a request by the state fire marshal or local fire
official.
(6) Containment
sumps shall be properly operated and maintained pursuant to the following:
(a) All containments sumps shall be inspected
at least once a year for proper operation and for the presence of water,
regulated substances and debris in accordance with the following:
(i) Containment sumps shall be inspected for
evidence of excessive distortion, cracking or gross failure of the containment
sumps and any penetration fittings;
(ii) All water and debris shall be removed
and properly disposed; and
(iii)
All regulated substances shall be removed and properly disposed;
(b) The following containment
sumps shall be tested for tightness every three years in accordance with
paragraph (F)(3) of rule
1301:7-9-07
of the Administrative Code:
(i) All
containment sumps installed on new UST systems after March 1, 2005;
(ii) All containment sumps associated with
UST systems containing hazardous substances pursuant to rule
1301:7-9-03
of the Administrative Code;
(iii)
All containment sumps installed on existing UST systems as a result of
activities required by paragraph (C)(6)(c) or (C)(6)(d) of this rule;
and
(iv) All other containment
sumps associated with UST systems where the containment sump serves as part of
the interstitial monitoring system.
(c) Double wall containment sumps may forgo
the tightness test requirement described in paragraph (D)(6)(b) of this rule if
the interstice of the double wall is checked for a leak at least once a year;
and
(d) The addition of internal
lining in the field to containment sumps is allowed. Owners and operators shall
comply with any conditions imposed by the state fire marshal on the use of
internal lining. For a containment sump described in paragraph (D)(6)(b) of
this rule, owners and operators shall obtain approval from the manufacturer of
the containment sump prior to the addition of internal lining. All lining
activity shall be performed by a person recognized by the manufacturer to
perform the lining of the containment sump.
(7) Spill prevention equipment and overfill
prevention equipment shall be designed and constructed pursuant to all of the
following:
(a) Owners and operators shall
install spill prevention equipment with a capacity of at least five gallons
that will prevent the release of product into the environment when the transfer
hose is detached from the fill pipe; and
(b) Owners and operators shall install
overfill prevention equipment that will achieve one of the following:
(i) Automatically shut off flow into the tank
when the tank is no more than ninety-five per cent full;
(ii) Alert the transfer operator when the
tank is no more than ninety per cent full by restricting the flow into the tank
or triggering a high-level alarm; or
(iii) Restrict flow thirty minutes prior to
overfilling, alert the operator with a high level alarm one minute before
overfilling, or automatically shut off flow into the tank so that none of the
fittings located on top of the tank are exposed to product due to
overfilling.
(8) Spill prevention equipment and overfill
prevention equipment shall be properly operated and maintained pursuant to all
of the following:
(a) Owners and operators of
all UST systems shall ensure that releases due to spilling or overfilling do
not occur. The owner and operator shall ensure that the volume available in the
tank is greater than the volume of product to be transferred to the tank before
the transfer is made and that the transfer operation is monitored constantly to
prevent overfilling and spilling;
(b) The owner and operator of all UST systems
shall report, investigate and clean up any spills and overfills in compliance
with rule
1301:7-9-13
of the Administrative Code;
(c) No
later than October 13, 2018, owners and operators shall inspect all spill
prevention equipment at least every thirty days. Spill prevention equipment at
UST systems receiving deliveries at intervals greater than every thirty days
may be inspected prior to and following each delivery. Inspections shall
consist of:
(i) Visual inspection for
damage;
(ii) Removing liquid or
debris;
(iii) Inspection for and
the removal of obstructions in the fill pipe;
(iv) Inspection of the fill cap to make sure
it is securely on the fill pipe; and
(v) For double walled spill prevention
equipment with interstitial monitoring, inspection for a leak in the
interstitial area;
(d) No
later than October 13, 2018, owners and operators shall test all spill
prevention equipment in the following manner:
(i) Spill prevention equipment shall be
tightness tested at least once every three years in accordance with paragraph
(F)(3) of rule
1301:7-9-07
of the Administrative Code to ensure the equipment is liquid tight;
or
(ii) For double wall spill
prevention equipment, the integrity of both walls may be monitored every thirty
days as described in paragraph (D) (8)(c) of this rule; and
(e) No later than October 13, 2018, owners
and operators shall test overfill prevention equipment at least once every
three years. At a minimum, the inspection shall ensure that overfill prevention
equipment is set to activate at the correct level specified in paragraph
(D)(7)(b) of this rule and will activate when regulated substances reaches that
level.
(9) Owners and
operators shall use an UST system made of or lined with materials that are
compatible with the substance stored in the UST system.
(a) For new and existing UST systems
undergoing a change of product, owners and operators shall demonstrate
compatibility of the UST system, including the UST, piping, containment sumps,
ancillary equipment, release detection equipment, spill prevention equipment,
and overfill prevention equipment using one of the following options:
(i) Certification or listing of the UST
system equipment or components by a nationally recognized, independent testing
laboratory for use with the regulated substance;
(ii) Written approval by the equipment or
component manufacturer specific to the regulated substance; or
(iii) Another option determined by the state
fire marshal to be no less protective to human health and the environment than
the options listed in paragraph (D)(9)(a)(i) or (D)(9)(a)(ii) of this
rule.
(b) Owners and
operators shall maintain records in accordance with paragraph (E)(5) of this
rule demonstrating compliance with this paragraph.
(E) General performance standards, permits, certified UST installers and inspectors.
(1) All UST systems shall be properly
designed, constructed, installed, modified, repaired, operated and maintained
in accordance with the requirements of this rule. UST system components not
specifically addressed in this rule shall comply with the manufacturer's
instructions or codes of practice developed by nationally recognized
associations or independent testing laboratories or other industry best
practices.
(2) All UST systems
shall be properly designed, constructed, installed, modified, repaired,
operated and maintained by a qualified person in accordance with the
requirements of this rule.
(a) Any person
performing activities in accordance with this rule shall check paragraph (C) of
rule
1301:7-9-10
of the Administrative Code prior to performing the activities to determine if a
permit is required. Any activities requiring a permit shall be overseen by a
certified UST installer and a certified UST inspector as required in paragraph
(D) of rule 1301:7-9-10 of the Administrative Code.
(b)
(b) For
activities that do not require a permit, or if the rule does not specifically
identify a type of qualified person, then owners and operators may allow any
person to perform such activities provided they follow manufacturer's
instructions or codes of practice developed by nationally recognized
associations or independent testing laboratories or other industry best
practices.
(3)
The following codes of practice may be used to comply with this rule:
(a) American Petroleum Institute Publication
RP 1615-11, "Installation of Underground Hazardous Substances or Petroleum
Storage Systems";
(b) American
Petroleum Institute Publication RP 1626-12; "Storing and Handling Ethanol and
Gasoline-Ethanol Blends at Distribution Terminals and Filling
Stations";
(c) American Petroleum
Institute Publication RP 2200-15, "Repairing Hazardous Liquid
Pipelines";
(d) Fiberglass Tank and
Piping Institute RP T-95-02, "Remanufacturing of FRP Underground Storage
Tanks";
(e) National Fire
Protection Association 30-15, "Flammable and Combustible Liquids
Code";
(f) National Fire Protection
Association 30A-15, "Code for Motor Fuel Dispensing Facilities and Repair
Garages";
(g) National Fire
Protection Association 407-17, "Standard for Aircraft Fuel
Servicing";
(h) Petroleum Equipment
Institute RP 100-17, "Recommended Practices for Installation of Underground
Liquid Storage Systems";
(i)
Petroleum Equipment Institute RP 900-08, "Recommended Practices for the
Inspection and Maintenance of UST Systems";
(j) Petroleum Equipment Institute RP 1000-14,
"Recommended Practices for the Installation of Marina Fueling Systems";
or
(k) Petroleum Equipment
Institute RP 1200-17, "Recommended Practices for the Testing and Verification
of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities."
(4) No later
than October 13, 2018, owners and operators shall perform a walkthrough
inspection and complete a walkthrough inspection checklist on a form prescribed
by the state fire marshal.
(a) Every month,
the following equipment shall be checked as part of the walkthrough inspection:
(i) Visually check spill prevention equipment
for damage;
(ii) Remove liquid and
debris from spill prevention equipment;
(iii) Visually check and remove obstructions
from fill pipe;
(iv) Check fill cap
to ensure it is securely on the fill pipe;
(v) For double wall spill prevention
equipment with interstitial monitoring, check for a leak in the interstitial
area;
(vi) Check release detection
equipment to confirm operation with no alarms or other unusual operating
conditions present; and
(vii) Check
to ensure records of release detection testing are reviewed and
current.
(b) Annually,
the following equipment shall be checked as part of the walkthrough inspection:
(i) Visually check containment sumps for
damage;
(ii) Visually check
containment sumps for leaks;
(iii)
Visually check containment sumps for releases to the environment;
(iv) Remove liquid and debris from
containment sumps;
(v) For double
wall containment sumps with interstitial monitoring, check for a leak in the
interstitial area; and
(vi) For
hand held release detection equipment, check devices such as gauge sticks for
operability and serviceability.
(c) Spill prevention equipment at UST systems
receiving deliveries at intervals greater than every month may be checked prior
to each delivery in order to meet the requirements in paragraph (E)(4)(a) of
this rule.
(d) The following
containment sumps are required to comply with the walkthrough inspection
requirements described in paragraph (E)(4)(b) of this rule:
(i) All containments sumps installed on new
UST systems after March 1, 2005;
(ii) All containments sumps associated with
UST systems containing hazardous substances pursuant to rule
1301:7-9-03
of the Administrative Code;
(iii)
All containments sumps installed on existing UST systems as a result of
activities required by paragraph (C)(6)(c) or (C)(6)(d) of this rule;
and
(iv) All containment sumps
associated with UST systems where the containment sump serves as part of the
interstitial monitoring system.
(5) Owners and operators shall maintain
records demonstrating compliance with the requirements of this chapter as
follows:
(a) The records of operation and
maintenance walkthrough inspections shall be maintained for at least one
year;
(b) The records of testing of
spill prevention equipment, overfill prevention equipment, containment sumps,
and written documentation of all calibration, maintenance, and reqair of
equipment permanently located at the facility shall be maintained for at least
three years;
(c) The records
demonstrating compatibility shall be maintained for as long as the UST system
is used to store the regulated substance;
(d) Any schedules of required calibration and
maintenance provided by the equipment manufacturer shall be retained for five
years;
(e) Owners and operators
shall provide the state fire marshal access to all records within one business
day of a request; and
(f) Within
thirty days of transfer of ownership of an UST system, the transferor shall
provide the transferee with all records identified in paragraph (E)(5) of this
rule or with equivalent copies of said records.
(6) Performing work pursuant to this rule
does not relieve a person engaged in underground storage tank activity from the
obligation of complying with any other applicable federal, state, or local laws
and regulations, including but not limited to, the Ohio Fire Code or the Ohio
Building Code, etc.
(7) A tightness
test shall be performed on any new or existing UST system component that
undergoes work requiring an installation, modification or major repair permit
under paragraph (E)(2)(a) of this rule prior to placing the UST system into
operation. No UST system shall be placed into operation until a passing
tightness test result is obtained for the UST system component undergoing
work.
(8) Other design,
construction, installation, operation and maintenance methods may be used in
place of any requirements or methods described in this rule if an owner and
operator demonstrates that the alternative method is no less protective of
human health and the environment than the method or requirement specified in
this rule, and the state fire marshal approves the alternative method in
writing prior to the use of the method. If the alternative method is approved,
the owner and operator shall comply with any terms and conditions imposed on
its use by the state fire marshal.
(F) Requirements for airport hydrant systems or field constructed tank systems.
(1) New and
existing airport hydrant systems or new and existing field constructed tank
systems shall comply with the design, installation, construction, operation,
and maintenance requirements found in Subpart K of Part 280 of Title 40 Chapter
I of the Code of Federal Regulations as amended at the
time of the effective date of this rule, except that:
(a) Qualifying systems shall comply with the
deadlines and conditions identified in rule
1301:7-9-01 of the
Administrative Code;
(b) Existing
USTs lined to meet cathodic protection requirements shall comply with paragraph
(D)(2)(e) of this rule.; and
(c) In
addition to completing the walkthrough inspection requirements pursuant to
paragraph (E)(4) of this rule, owners and operators shall visually check
hydrant pits and hydrant piping vaults for evidence of leaks or damage and
remove any liquid or debris found. The check shall be performed monthly, unless
confined spaced entry is required, in which case the check is required at least
annually.
(2) New and
existing airport hydrant systems or new and existing field constructed tank
systems shall comply with the release detection, operation, maintenance, and
walkthrough inspection requirements found in paragraph (H) of rule
1301:7-9-07
of the Administrative Code.
(3)
Owners and operators of new and existing airport hydrant systems or new and
existing field constructed tank systems may request to use alternative methods
pursuant to paragraph (E)(8) of this rule.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.