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 release detection requirements and methods for underground storage
tanks containing petroleum or other regulated substances. This rule is adopted
by the state fire marshal in compliance 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) Release detection requirements for new
UST systems.
(1) New USTs shall be equipped
and monitored for releases at least monthly using interstitial monitoring
pursuant to paragraph (D)(1)(d) of this rule.
(2) Underground piping that routinely
contains regulated substances that is part of a new UST system shall be
equipped and monitored for releases pursuant to paragraphs (D)(2)(b) and
(D)(2)(c) of this rule except that:
(a)
Underground piping that conveys petroleum under suction shall be equipped and
monitored for releases pursuant to paragraph (D)(2)(d) of this rule;
and
(b) A manifold that conveys
petroleum under suction between tanks does not have to meet the interstitial
monitoring requirements as described in paragraph (D)(2)(b) of this
rule.
(3) Containment
sumps that are part of a new UST system shall be equipped and monitored for
releases pursuant to paragraph (D)(3) of this rule.
(4) New UST systems containing motor or
aviation petroleum fuels are not required to be monitored using product
inventory control as described in paragraph (D) (1)(a) of this rule.
(5) New UST systems that store fuel for use
by emergency power generators shall comply with release detection requirements
pursuant to paragraphs (B)(1) to (B)(3) of this rule, except that owners and
operators may request approval of an alternative method of release detection
pursuant to paragraph (D)(4) of this rule in lieu of installing automatic line
leak detectors on pressure lines.
(6) If a method of UST release detection
authorized in paragraph (B)(1) of this rule is found to be defective, owners
and operators shall immediately cause the method of release detection to
undergo routine maintenance, modification or major repair.
(a) While the method of release detection
undergoes routine maintenance, modification or major repair, owners and
operators may use product inventory control or automatic tank gauging in
accordance with paragraph (D)(1)(a) or (D)(1)(c) of this rule in order to meet
the requirements of paragraph (B)(1) of this rule.
(b) Owners and operators may use product
inventory control or automatic tank gauging in accordance with paragraph
(D)(1)(a) or (D)(1)(c) of this rule for a period of up to sixty days after the
last passing result obtained in accordance with paragraph (B)(1) of this rule.
Afterwards, owners and operators shall take the UST system out of service in
accordance with rule
1301:7-9-12
of the Administrative Code until such time as the routine maintenance,
modification or major repair of the release detection method is
complete.
(7) If an
automatic tank gauge is found not to be defective, but cannot conduct a
successful release detection test during a thirty day period due to low levels
of regulated substance in the UST, owners and operators may use product
inventory control in accordance with paragraph (D)(1)(a) of this rule as a
method of UST release detection for a period of up to ninety days after the
last passing result obtained in accordance with paragraph (D)(1)(c) of this
rule.
(8) 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.
(9)
Other methods of release detection may be used for tanks, piping, and
containment sumps pursuant to paragraph (D)(4) of this rule.
(10) Release detection equipment located on
new UST systems shall meet compatibility requirements described in paragraph
(D)(9) of rule
1301:7-9-06
of the Administrative Code.
(C) Release detection requirements for
existing UST systems.
(1) Existing UST systems
shall be equipped and monitored for release in accordance with the following:
(a) Existing USTs shall be equipped and
monitored for releases at least monthly using interstitial monitoring pursuant
to paragraph (D)(1)(d) of this rule except that:
(i) Existing USTs installed prior to May 16,
2011, may use any of the release detection methods listed in paragraphs
(D)(1)(c) to (D)(1)(e) of this rule;
(ii) Existing USTs installed prior to May 16,
2011, with a capacity of five hundred fifty gallons or less and USTs with a
capacity of five hundred fifty-one to one thousand gallons that meet the tank
diameter criteria described in the table in paragraph (D)(1) (b)(iv) of this
rule may use manual tank gauging in compliance with paragraph (D)(1)(b) of this
rule as the sole method of release detection; and
(iii) Existing USTs installed prior to May
16, 2011, with a capacity of five hundred fifty-one to two thousand gallons
that do not meet the tank diameter criteria described in the table in paragraph
(D)(1)(b) (iv) of this rule may still use manual tank gauging in compliance
with paragraph (D)(1)(b) of the rule as a method of release detection provided
that a tank tightness test is performed in accordance with paragraph (F)(1)(a)
of this rule once every five years;
(b) Existing underground piping that
routinely contains regulated substances shall be equipped and monitored for
releases pursuant to paragraphs (D) (2)(a) to (D)(2)(d) of this rule except
that:
(i) Existing piping associated with UST
systems installed prior to March 1, 2005, does not have to meet the
interstitial monitoring requirements as described in paragraph (D)(2)(b) of
this rule;
(ii) Existing
underground piping that conveys regulated substances under suction shall be
equipped and monitored for releases pursuant to paragraph (D)(2)(d) of this
rule;
(iii) An existing suction
manifold between tanks does not have to meet the interstitial monitoring
requirements as described in paragraph (D)(2)(b) of this rule; and
(c) Existing containment sumps
shall be equipped and monitored for releases pursuant to paragraph (D)(3) of
this rule, except:
(i) Existing containment
sumps associated with UST systems installed prior to March 1, 2005, shall
instead be equipped and monitored pursuant to paragraph (D)(6)(a) of rule
1301:7-9-06
of the Administrative Code, and
(ii) Containment sumps associated with UST
systems installed prior to March 1, 2005, that undergo work pursuant to
paragraph (C)(6) of rule
1301:7-9-06
of the Administrative Code shall comply with the release detection requirements
found in paragraph (C)(7) of this rule.
(2) Existing UST systems containing hazardous
substances as defined in rule
1301:7-9-03
of the Administrative Code shall be equipped and monitored using interstitial
monitoring as defined in paragraphs (B)(1) and (B)(2) of this rule except that:
(a) Existing containment sumps originally
configured with one release detection sensor located at the lowest point of the
secondary containment system are not required to have sensors in every
containment sump; and
(b) Existing
underground piping and manifolds that convey hazardous substance under suction
shall be equipped and monitored for releases pursuant to paragraph (B)(2) of
this rule.
(3) Owners and
operators using soil gas monitoring or ground water monitoring as the sole
method of release detection for USTs and piping were required to comply with
one of the release detection methods as provided in paragraph (D)(1)(c) or
(D)(1)(d) of this rule by December 31, 2005. Owners and operators may request
to continue using said methods of release detection or request to use an
alternative method provided that the owner and operator receives written
approval from the state fire marshal pursuant to paragraph (D)(4) of this
rule.
(4) Existing UST systems
containing motor or aviation petroleum fuels are no longer required to be
monitored daily using product inventory control as described in paragraph
(D)(1)(a) of this rule.
(5)
Existing UST systems, installed prior to May 16, 2011, that store fuel for use
by emergency power generators are required to be equipped with a method of
release detection pursuant to paragraph (C)(1) of this rule by October 13,
2018, except that owners and operators may request approval of an alternative
method of release detection pursuant to paragraph (D)(4) of this rule in lieu
of installing automatic line leak detectors on pressure lines.
(6) If a method of UST release detection
authorized in paragraph (C)(1)(a) of this rule is found to be defective, owners
and operators shall comply with paragraph (B)(6) of this rule and may use
product inventory control as a method of UST release detection.
(7) If work is performed on an existing UST
system in order to meet the requirements of paragraph (C)(6) of rule
1301:7-9-06 of the Administrative Code, then the UST, piping, or containment
sumps affected by the work shall meet the release detection requirements for
new UST systems as described in paragraphs (B)(1) to (B)(3) of this rule,
except that containment sumps for existing UST systems installed prior to March
1, 2005, are not required to meet those requirements until fifty per cent or
more of the containment sumps at the UST site undergo work pursuant to
paragraph (C)(6) of rule
1301:7-9-06
of the Administrative Code.
(8) If
an automatic tank gauge is found not to be defective, but cannot conduct a
successful release detection test during a thirty day period due to low levels
of regulated substance in the UST, owners and operators may use product
inventory control in accordance with paragraph (D)(1)(a) of this rule as a
method of UST release detection for a period of up to ninety days after the
last passing result obtained in accordance with paragraph (D)(1)(c) of this
rule.
(9) 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.
(10)
Other methods of release detection may be used for tanks, piping, and
containment sumps pursuant to paragraph (D)(4) of this rule.
(11) Release detection equipment located on
existing UST systems shall meet compatibility requirements described in
paragraph (D)(9) of rule
1301:7-9-06
of the Administrative Code.
(D) Methods, operation and maintenance of
release detection systems on UST systems.
(1)
UST release detection.
Owners and operators should carefully review the release
detection requirements described in paragraphs (B) and (C) of this rule in
order to determine which of the following methods apply to their UST
system.
(a) Daily product inventory
control shall be conducted as described in American Petroleum Institute
Publication RP 1621-93 (reaffirmed 2012), "Bulk Liquid Stock Control at Retail
Outlets."
(i) Inventory from UST systems shall
be reconciled monthly. If the reconciliation for any month indicates an overage
or shortage equal to or greater than one per cent of flow-through plus one
hundred thirty gallons, owners and operators shall investigate the inventory
discrepancy as described in American Petroleum Institute Publication RP 1621-93
(reaffirmed 2012), "Bulk Liquid Stock Control at Retail Outlets."
(ii) If inventory discrepancies occur for two
consecutive months, owners and operators shall perform an investigation in
accordance with all of the following:
(a)
Conduct a tightness test of the UST system in accordance with paragraph (F) of
this rule within seven days of discovery of the discrepancy; and
(b) Report any failure of a tightness test to
BUSTR as a suspected release. A release is suspected and subject to the
reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if a tightness
test leak rate exceeds the amount designated for the testing method. Passing
tightness test results do not have to be reported to the state fire
marshal.
(iii) Gauging
sticks and charts used in the performance of daily product inventory control as
described in paragraph (D)(1)(a) of this rule shall be designed for the UST
being measured and shall be maintained in working order.
(b) Manual tank gauging shall be conducted
weekly and comply with the following requirements:
(i) Tank liquid level measurements shall be
taken at the beginning and end of a time period using the appropriate minimum
duration of test value in the table in paragraph (D)(1)(b)(iv) of this rule
during which no liquid is added to or removed from the tank;
(ii) Level measurements are based on an
average of two consecutive stick readings at both the beginning and ending of
the period;
(iii) The equipment
used is capable of measuring the level of product over the full range of the
tank's height to the nearest one-eighth of an inch;
(iv) A release is suspected and subject to
the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if the
variation between the beginning and ending measurements exceeds the weekly or
monthly standards in the following table:
Nominal Tank Capacity |
Minimum Duration of Test |
Weekly Standard (One Test) |
Monthly Standard (Four Test Average) |
550 gallons or less |
36 hours |
10 gallons |
5 gallons |
551-1,000 gallons (when tank diameter is 64
inches) |
44 hours |
9 gallons |
4 gallons |
551-1,000 gallons (when tank diameter is 48
inches) |
58 hours |
12 gallons |
6 gallons |
551-1,000 gallons (requires tank tightness test every
five years) |
36 hours |
13 gallons |
7 gallons |
1,001-2,000 gallons (requires tank tightness test every
five years) |
36 hours |
26 gallons |
13 gallons |
(v)
Gauging sticks and charts used in the performance of manual tank gauging as
described in paragraph (D)(1)(b) of this rule shall be designed for the UST
being measured and shall be maintained in working order.
(c) Equipment for automatic tank gauging that
tests for the loss of product and conducts inventory control must meet the
following requirements:
(i) The automatic
product level monitor test can detect a 0.2 gallon per hour leak rate from any
portion of the tank that routinely contains product;
(ii) The automatic tank gauging equipment
must meet the inventory control (or other test of equivalent performance)
requirements of paragraph (D)(1)(a) of this rule;
(iii) The test must be performed with the
system operating in one of the following modes:
(a) In-tank static testing conducted at least
monthly with no less than the minimum volume required by the manufacturer of
the method during the test period; or
(b) Continuous in-tank leak detection
operating on an uninterrupted basis or operating within a process that allows
the system to gather incremental measurements to determine the leak status of
the tank at least monthly with no less than the minimum volume required by the
manufacturer of the method during the test period;
(iv) A release is suspected and subject to
the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if a 0.2 gallon
per hour leak rate is detected from any portion of the tank;
(v) Equipment for automatic tank gauging
shall be checked monthly to ensure that the equipment is operating with no
alarms or other operating conditions present and to ensure records of release
detection testing are reviewed and current; and
(vi) Equipment for automatic tank gauging,
including probes, sensors and monitoring units, shall be evaluated annually to
confirm proper calibration and operation in accordance with the manufacturer's
requirements. If the manufacturer is no longer in business, then the equipment
shall be evaluated in accordance with paragraph (G) of this rule.
(d) Monitoring of the interstice
of a secondarily contained UST shall comply with the following requirements:
(i) Monitoring of the interstitial space
shall be performed at least monthly;
(ii) A secondarily contained UST shall have
an interstitial monitoring method that can detect a release through the inner
wall in any portion of the tank that routinely contains a regulated
substance;
(iii) Any alarm from a
sensor that is part of an interstitial monitoring method shall be evaluated
within twenty-four hours to confirm proper operation or to confirm the presence
of a release. A release is suspected and subject to the reporting requirements
of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if any
regulated substance is detected between the inner and outer wall; and
(iv) Equipment for interstitial monitoring,
including probes, sensors and monitoring units, shall be evaluated annually by
a person recognized by the manufacturer as qualified to confirm proper
calibration and operation in accordance with the manufacturer's requirements.
If the manufacturer has no process to recognize qualified persons or if the
manufacturer is no longer in business, then the equipment shall be evaluated in
accordance with paragraph (G) of this rule.
(e) Statistical inventory reconciliation
(SIR) shall comply with the following requirements:
(i) Report a quantitative result with a
calculated leak rate at least monthly;
(ii) Be capable of detecting a leak rate of
0.2 gallon per hour or release of one hundred fifty gallons within thirty
days;
(iii) Use a threshold that
does not exceed one-half the minimum detectible leak rate. In order to have
confidence in the ability of SIR to detect a leak rate of 0.2 gallon per hour,
the threshold for declaring a leak shall be 0.1 gallon per hour;
(iv) A release is suspected and subject to
the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if the SIR
analysis indicates a threshold leak rate from the UST which is equal to or
greater than 0.1 gallon per hour;
(v) Inconclusive SIR results or any analysis
that is anything other than pass or fail shall be investigated as a suspected
release pursuant to paragraph (C)(35)(a) of rule
1301:7-9-13
of the Administrative Code;
(vi)
SIR may not be used to meet release detection requirements for piping described
in paragraph (D)(2) of this rule;
(vii) SIR may not be used to meet tightness
testing requirements described in paragraph (F) of this rule; and
(viii) Equipment for SIR, including gauging
sticks and charts used in the performance of daily product inventory control as
described in paragraph (D)(1)(a) of this rule, shall be designed for the UST
being measured and shall be maintained in working order. Other probes, sensors,
and monitoring units shall be evaluated annually to confirm proper calibration
and operation in accordance with the manufacturer's requirements. If the
manufacturer is no longer in business, then the equipment shall be evaluated in
accordance with paragraph (G) of this rule.
(2) Piping release detection.
Owners and operators should carefully review the release
detection requirements described in paragraphs (B) and (C) of this rule in
order to determine which of the following methods apply to their UST
system.
(a) Single wall piping that
routinely contains regulated substances shall be monitored pursuant to
paragraphs (D)(2)(c) and (D)(2)(d) of this rule.
(b) Secondarily contained piping that
routinely contains regulated substances shall be monitored pursuant to
paragraphs (D)(2)(c) and (D)(2)(d) of this rule, and the interstice of the
secondarily contained piping shall be continuously monitored for releases using
one of the following methods:
(i) The sampling
or testing method can detect a 0.2 gallon per hour leak rate from any portion
of the inner wall of the piping that routinely contains a regulated substance.
A release is suspected and subject to the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if a 0.2 gallon
per hour leak rate is detected from any portion of the inner wall of the
piping; or
(ii) The piping
terminates or transitions in containment sumps and the sampling or testing
method can detect a release from any portion of the inner wall of the piping
that routinely contains a regulated substance pursuant to paragraph (D)(3) of
this rule.
(c)
Requirements for pressure piping.
(i)
Underground piping that conveys regulated substances under pressure shall be
equipped with an automatic line leak detector attached to the piping that will
alert the operator to the presence of a leak by restricting or shutting off the
flow of regulated substances through the piping or triggering an audible or
visual alarm if the automatic line leak detector detects a leak of three
gallons per hour at ten pounds per square inch line pressure within one hour.
The owner and operator is permitted to restart the flow of regulated substances
only once to verify the presence of a piping leak or an equipment malfunction.
If the flow of regulated substance is restricted or shut off or in the event of
an audible or visual alarm within two hours of a restart by an operator, a
release is suspected and subject to the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code.
(ii) Automatic line leak detectors shall be
tested annually to confirm proper calibration and operation in accordance with
the manufacturer's requirements. If the manufacturer is no longer in business,
then the equipment shall be evaluated in accordance with paragraph (G) of this
rule. Automatic line leak detectors shall be tested in accordance with the
following:
(a) Automatic line leak detectors
shall be tested in a manner that introduces a simulated leak into the product
line between the tank and the dispenser. Automatic line leak detectors shall
function within design specifications and the flow of product shall be
restricted, stopped, or an alarm shall be activated; and
(b) Automatic line leak detectors that fail a
test method shall undergo routine maintenance, modification or major repair, as
appropriate, to restore the automatic line leak detectors to working
order.
(iii) Underground
piping that conveys regulated substances under pressure shall meet one of the
following:
(a) annual tightness test
conducted in compliance with paragraph (F)(2)(a) of this rule;
(b) Have a monthly tightness test conducted
by the on-site electronic line testing unit as described in paragraph (D)(2)
(c) of this rule provided that the unit can detect a 0.2 gallon per hour leak
rate at operating pressure; or
(c)
Be a part of secondarily contained piping system whereby the interstice of the
piping is continuously monitored pursuant to paragraph (D)(2)(b)(i) or
(D)(2)(b)(ii) of this rule.
(d) Requirements for suction pumping.
(i) Underground piping that conveys regulated
substances under suction shall be monitored for loss of vacuum indicated by an
inability to dispense regulated substances or erratic operation of the pump.
Within twenty-four hours of an UST owner and operator suspecting a loss of
vacuum, the owner and operator shall initiate an investigation of the cause of
the loss of vacuum. If an owner and operator is unable to make a determination
of the loss of vacuum, then the loss of vacuum shall be considered a suspected
release as defined in paragraph (C)(35) of rule
1301:7-9-13
of the Administrative Code and the owner and operator shall comply with
paragraph (F)(2) of rule
1301:7-9-13
of the Administrative Code. If the loss of vacuum is determined to be due to a
leaking component, it shall constitute a release as defined in paragraph (C)
(26) of rule
1301:7-9-13
of the Administrative Code and the owner and operator shall comply with
paragraph (F) of rule
1301:7-9-13
of the Administrative Code.
(ii)
Underground piping that conveys regulated substances under suction shall meet
one of the following:
(a) Have a tightness
test conducted every thirty-six month period in compliance with paragraph
(F)(2)(b) of this rule; or
(b)
Demonstrate compliance with the following safe suction requirements:
(i) The underground piping operates at less
than atmospheric pressure;
(ii) The
underground piping is sloped so that the contents of the pipe will drain back
into the tank if the suction is released;
(iii) Only one check valve is included in
each suction line;
(iv) The check
valve is located directly below and as close as practical to the suction pump;
and
(v) A method is provided that
allows compliance with paragraphs (D)(2)(d)(ii)(b)(i) to (D)(2)(d)(ii)(b)(iv)
of this rule to be readily determined.
(e) Above ground piping that routinely
contains regulated substances that is fully visible to inspection is not
required to be equipped with release detection. If a portion of the above
ground piping is located below ground and the piping cannot be easily accessed
for visual inspection, then the piping must be equipped and monitored for
releases pursuant to paragraph (D)(2) of this rule.
(3) Release detection methods for containment
sumps.
Owners and operators should carefully review the release
detection requirements described in paragraphs (B) and (C) of this rule in
order to determine which of the following methods apply to their UST
system.
(a) When required, containment
sumps shall be continuously monitored with sensors capable of detecting a
release of a regulated substance before the release reaches the lowest
penetration in the containment sump. Sensors shall be located in every
containment sump.
(b) Any alarm
from a sensor in any containment sump shall be evaluated within twenty-four
hours to confirm proper operation or to confirm the presence of a release. A
release is suspected and subject to the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if any
regulated substance is detected in the containment sump.
(c) Release detection equipment for
containment sumps, including probes, sensors and monitoring units, shall be
evaluated annually to confirm proper calibration and operation in accordance
with the manufacturer's requirements. If the manufacturer is no longer in
business, then the equipment shall be evaluated in accordance with paragraph
(G) of this rule.
(4) Any
other type of release detection method, or combination of methods, can be used
if approved in writing by the state fire marshal pursuant to the following:
(a) The method can detect a 0.2 gallon per
hour leak rate with a probability of detection of 0.95 and a probability of
falsely indicating a release of 0.05; or the owner and operator can demonstrate
the method can detect a release as effectively as any of the corresponding
methods allowed in paragraphs (D)(1)(c) to (D)(3) of this rule. In comparing
methods, the state fire marshal shall consider the size of release that the
method can detect and the frequency and reliability with which it can be
detected. The state fire marshal may approve, deny or rescind the method at his
discretion. If the method is approved, the owner and operator shall comply with
any terms and conditions imposed by the state fire marshal on its use;
(b) A release is suspected and
subject to the reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if a release
exceeds the leak rates established for the method approved by the state fire
marshal; and
(c) Any method of
release detection allowed by this paragraph shall be properly monitored,
operated and maintained in accordance with any terms and conditions imposed by
the state fire marshal on its use. At a minimum, the method shall produce a
result at least every thirty days and the method shall be maintained and
operated in accordance with the manufacturer's requirements unless the state
fire marshal specifies otherwise.
(5) For all electronic and mechanical methods
of release detection, a test of the proper operation must be performed at least
annually and, at a minimum, as applicable to the facility, cover the following
components and criteria:
(a) Automatic tank
gauge and other controllers: test alarm, verify system configuration, test
battery backup;
(b) Probes and
sensors: inspect for residual buildup, ensure floats move freely, ensure shaft
is not damaged; ensure cables are free of kinks and breaks, test alarm
operability and communication with controller; and
(c) Vacuum pumps and pressure gauges: ensure
proper communication with sensors and controller.
(E) Release detection
recordkeeping.
UST system owners and operators shall maintain records
demonstrating compliance with this chapter, and these records shall be
maintained pursuant to the following:
(1) All written performance claims pertaining
to any release detection system used, and the manner in which these claims have
been justified or tested by the equipment manufacturer or installer, and any
schedules of required calibration and maintenance provided by the release
detection equipment manufacturer, shall be maintained for five years;
(2) The results of any sampling, testing, or
monitoring, and the records of walkthrough inspections required by paragraph
(E)(4) of rule
1301:7-9-06
of the Administrative Code, shall be maintained for at least one
year;
(3) The records demonstrating
compatibility shall be maintained for as long as the UST system is used to
store the regulated substance;
(4)
Written documentation of all calibration, maintenance, and repair of release
detection equipment permanently located at the facility shall be maintained for
at least three years;
(5) Owners
and operators shall provide the state fire marshal access to all records within
one business day of a request; and
(6) Within thirty days of transfer of
ownership of an UST system, the transferor shall provide the transferee with
all records identified in this paragraph or with equivalent copies of said
records.
(F) Testing
methods for UST systems.
(1) Tightness
testing for USTs.
(a) Tank tightness testing
of the primary shell of both single wall and secondarily contained USTs shall
be capable of detecting a 0.1 gallon per hour leak rate from any portion of the
primary shell while accounting for the effects of thermal expansion or
contraction of the regulated substance, vapor pockets, tank deformation,
evaporation or condensation, and the location of the water table.
(b) Tightness testing of the interstice of
secondarily contained USTs shall be conducted in accordance with paragraphs
(G)(1) to (G)(3) of this rule.
(2) Tightness testing for piping.
(a) Piping tightness testing of single wall
pipe and the primary or inner pipe of secondarily contained pressure piping may
be conducted only if it can detect a 0.1 gallon per hour leak rate at one and
one-half times the operating pressure, or equivalent.
(b) Tightness testing of suction and other
non-pressurized piping shall be conducted as follows:
(i) Piping that can be isolated from the UST
shall be tested using a method capable of detecting a 0.1 gallon per hour leak
rate at a minimum of fifteen pounds per square inch pressure, or equivalent;
and
(ii) Piping that cannot be
isolated from the UST shall be tested using a method capable of detecting a 0.1
gallon per hour leak rate.
(c) Tightness testing of the interstice of
secondarily contained piping shall be conducted in accordance with paragraphs
(G)(1) to (G)(3) of this rule.
(3) Testing of containment sumps and spill
prevention equipment shall be conducted in accordance with paragraphs (G)(1) to
(G)(3) of this rule.
(4) All
testing methods used to comply with paragraphs (F)(1)(a), (F)(2)(a), and (F)
(2)(b) of this rule shall be third party approved to perform in a manner where
the method can detect a release at the designated release rate with a
probability of detection of 0.95 and a probability of falsely indicating a
release of 0.05. Testing methods used to comply with paragraphs (F)(1)(b),
(F)(2)(c), and (F) (3) of this rule are not required to be third party
approved
(5) The results from
tightness testing methods performed in accordance with this chapter of the
Administrative Code or the results from tightness testing methods for other
activities such as but not limited to routine maintenance, UST system audits or
property divestments shall be managed as follows:
(a) A release is suspected and subject to the
reporting requirements of sections
3737.88
and
3737.882
of the Revised Code and this chapter of the Administrative Code if a leak rate
exceeds the amount designated for the testing method except that:
(i) Non-passing results attributed to a
failure of the outer wall of USTs described in paragraph (F)(1)(b) of this rule
are not a suspected release, unless other release conditions pursuant to
paragraph (C) (35) of rule
1301:7-9-13
of the Administrative Code are present;
(ii) Non-passing results attributed to a
failure of the outer wall of piping described in paragraph (F)(2)(c) of this
rule are not a suspected release unless other release conditions pursuant to
paragraph (C) (35) of rule
1301:7-9-13
of the Administrative Code are present;
(iii) Non-passing results attributed to a
failure of containment sumps or spill prevention equipment described in
paragraph (F)(3) of this rule are not a suspected release unless other release
conditions pursuant to paragraph (C)(35) of rule
1301:7-9-13
of the Administrative Code are present; or
(iv) Non-passing results that are part of
preliminary tightness tests of components undergoing permit activities
described in paragraph (C)(1) of rule
1301:7-9-10
of the Administrative Code are not a suspected release unless other release
conditions pursuant to paragraph (C)(35) of rule
1301:7-9-13
of the Administrative Code are present.
(b) Any components required by this chapter
that fail to achieve a passing result shall be immediately assessed and
restored to working order in accordance with paragraph (G) of this rule or
paragraph (E) of rule
1301:7-9-06
of the Administrative Code.
(6) No pressure testing with air shall be
performed on a component of an UST system that has contained a flammable
regulated substance or flammable vapors. The manufacturer's instructions for
the testing method shall be followed when using gases for the test
method.
(G) General
performance standards, permits, certified UST installers and inspectors.
(1) All release detection systems and
tightness testing methods shall be properly designed, constructed, installed,
modified, repaired, operated and maintained in accordance with the requirements
of this rule. Release detection components and tightness testing methods 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 release
detection systems and tightness testing methods 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) 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) Petroleum
Equipment Institute Publication RP100-17, "Recommended Practices for
Installation of Underground Liquid Storage Systems"; or
(c) Petroleum Equipment Institute Publication
RP1200-17, "Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities."
(4) Prior to
going into operation, a functionality test shall be performed on any new or
existing UST system component that undergoes work requiring a permit under
paragraph (G)(2) of this rule. The UST system shall not be placed into
operation until a passing functionality result is obtained for the UST system
component undergoing work.
(5)
Performing work pursuant to this rule does not relieve a person engaged in UST
activity from the obligation to comply with any other applicable federal,
state, or local laws and regulations, including but not limited to, the Ohio
Fire Code and the Ohio Building Code.
(6) Other release detection requirements and
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.
(H) 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
release detection, 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) Vapor
monitoring and groundwater monitoring shall not be used as methods of release
detection unless approved pursuant to paragraph (G)(6) of this rule;
and
(c) In addition to completing
the walkthrough inspection requirements pursuant to paragraph (E)(4) of rule
1301:7-9-06
of the Administrative Code, 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 design, installation, construction, operation,
maintenance and walkthrough inspection requirements found in paragraph (F) of
rule
1301:7-9-06
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 (G)(6) of this rule.