Current through Register Vol. 48, No. 9, September 27, 2024
In order to prevent releases 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
obtain permits in accordance with Section 280.23 and meet the following
requirements. In addition, tanks and piping installed or replaced after May 23,
2008 must be secondarily contained and use interstitial monitoring in
accordance with Section 280.43(g). Secondary containment must be able to
contain regulated substances leaked from the primary containment until they are
detected and removed and prevent the release of regulated substances to the
environment at any time during the operational life of the UST system. For
cases where the piping is considered to be replaced, the entire piping run must
be secondarily contained.
(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:
(1) The tank is constructed of
fiberglass-reinforced plastic; or
[Note to paragraph (a)(1). The following codes of practice
may be used to comply with paragraph (a)(1) of this section:
(A) Underwriters Laboratories Standard 1316,
"Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum
Products, Alcohols, and Alcohol-Gasoline Mixtures"; or
(B) Underwriter's Laboratories of Canada
S615, "Standard for Reinforced Plastic Underground Tanks for Flammable and
Combustible Liquids".]
(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 Section 280.31(c); and
(iv) Cathodic protection systems are operated
and maintained in accordance with Section 280.31 or according to guidelines
established by the Department; or
[Note to paragraph (a)(2). The following codes of practice
may be used to comply with paragraph (a)(2) of this section:
(A) Steel Tank Institute
"STI-P3® Specification and Manual for External
Corrosion Protection of Underground Steel Storage Tanks";
(B) Underwriters Laboratories Standard 1746,
"External Corrosion Protection Systems for Steel Underground Storage
Tanks";
(C) Underwriters
Laboratories of Canada S603, "Standard for Steel Underground Tanks for
Flammable and Combustible Liquids," and S603.1, "Standard for External
Corrosion Protection Systems for Steel Underground Tanks for Flammable and
Combustible Liquids," and S631, "Standard for Isolating Bushings for Steel
Underground Tanks Protected with External Corrosion Protection
Systems";
(D) Steel Tank Institute
Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks";
or
(E)NACE International Standard
Practice SP 0285, "External Corrosion Control of Underground Storage Tank
Systems by Cathodic Protection,'' and Underwriters Laboratories Standard 58,
''Standard for Steel Underground Tanks for Flammable and Combustible
Liquids".]
(3) The tank is constructed of steel and clad
or jacketed with a non-corrodible material; or
[Note to paragraph (a)(3). The following codes of practice
may be used to comply with paragraph (a)(3) of this section:
(A) Underwriters Laboratories Standard 1746,
"External Corrosion Protection Systems for Steel Underground Storage
Tanks";
(B) Steel Tank Institute
ACT-100® Specification F894, "Specification for
External Corrosion Protection of FRP Composite Steel Underground Storage
Tanks";
(C) Steel Tank Institute
ACT-100-U® Specification F961, "Specification
for External Corrosion Protection of Composite Steel Underground Storage
Tanks"; or
(D) Steel Tank Institute
Specification F922, "Steel Tank Institute Specification for
Permatank®".]
(4) The tank is constructed of metal without
additional corrosion protection measures provided that:
(i) The tank is installed at a site that is
determined by a corrosion expert not to be corrosive enough to cause it to have
a release due to corrosion during its operating life; and
(ii) Owners and operators maintain records
that demonstrate compliance with the requirements of paragraph (a)(4)(i) of
this section for the remaining life of the tank; or
(5) The tank construction and corrosion
protection are determined by the Department to be designed to prevent the
release or threatened release 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 section.
(b) Piping. The piping that routinely
contains regulated substances and is in contact with the ground must be
properly designed, constructed, and protected from corrosion in accordance with
a code of practice developed by a nationally recognized association or
independent testing laboratory as specified below:
(1) The piping is constructed of a
non-corrodible material; or
[Note to paragraph (b)(1). The following codes of practice
may be used to comply with paragraph (b)(1) of this section:
(A) Underwriters Laboratories Standard 971,
"Nonmetallic Underground Piping for Flammable Liquids"; or
(B) Underwriters Laboratories of Canada
Standard S660, "Standard for Nonmetallic Underground Piping for Flammable and
Combustible Liquids".]
(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 Section 280.31(c); and
(iv) Cathodic protection systems are operated
and maintained in accordance with Section 280.31 or guidelines established by
the Department; or
[Note to paragraph (b)(2). The following codes of practice
may be used to comply with paragraph (b)(2) of this section:
(A) American Petroleum Institute Recommended
Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and
Piping Systems";
(B) Underwriters
Laboratories Subject 971A, "Outline of Investigation for Metallic Underground
Fuel Pipe";
(C) Steel Tank
Institute Recommended Practice R892, "Recommended Practice for Corrosion
Protection of Underground Piping Networks Associated with Liquid Storage and
Dispensing Systems";
(D) NACE
International Standard Practice SP 0169, "Control of External Corrosion on
Underground or Submerged Metallic Piping Systems"; or
(E) NACE International Standard Practice SP
0285, "External Corrosion Control of Underground Storage Tank Systems by
Cathodic Protection".]
(3) The piping is constructed of metal
without additional corrosion protection measures provided that:
(i) The piping is installed at a site that is
determined by a corrosion expert to not be corrosive enough to cause it to have
a release due to corrosion during its operating life; and
(ii) Owners and operators maintain records
that demonstrate compliance with the requirements of paragraph (b)(3)(i) of
this section for the remaining life of the piping; or
(4) The piping construction and corrosion
protection are determined by the Department to be designed to prevent the
release or threatened release 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 (3) of this section.
(c) Spill and overfill prevention
equipment.
(1) Except as provided in
paragraphs (c)(2) and (3) of this section, to prevent spilling and overfilling
associated with product transfer to the UST system, owners and operators must
use the following spill and overfill prevention equipment:
(i) Spill prevention equipment that will
prevent release of product to the environment when the transfer hose is
detached from the fill pipe (for example, a spill catchment basin);
and
(ii) Overfill prevention
equipment that will:
(A) Automatically shut
off flow into the tank when the tank is no more than 95 percent full;
or
(B) 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
(C) Restrict flow 30 minutes prior to
overfilling, alert the transfer 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.
(2) Owners and operators are not required to
use the spill and overfill prevention equipment specified in paragraph (c)(1)
of this section if:
(i) Alternative equipment
is used that is determined by the Department to be no less protective of human
health and the environment than the equipment specified in paragraph (c)(1)(i)
or (ii) of this section; or
(ii)
The UST system is filled by transfers of no more than 25 gallons at one
time.
(3) Flow
restrictors used in vent lines may not be used to comply with paragraph
(c)(1)(ii) of this section when overfill prevention is installed or replaced
after May 26, 2017.
(4) Spill and
overfill prevention equipment must be periodically tested or inspected in
accordance with Section 280.35.
(d) Product transfer equipment. To decrease
vapor emissions associated with product transfer to the UST system, all UST
systems must comply with the product transfer equipment requirements as
follows:
(1) All tank systems installed after
December 22, 1996, must be equipped with a drop tube that enters the top of the
tank at the fill port and extends to within 6 inches of the bottom of the tank;
or
(2) All tank systems installed
before or on December 22, 1996, must be equipped with a drop tube that enters
the top of the tank at the fill port and extends to within one foot of the tank
bottom by December 22, 2001; or
(3)
Tank systems used for the storage of used oils are not required to be equipped
with a drop tube.
(e)
Installation. The UST system must be properly installed in accordance with a
code of practice developed by a nationally recognized association or
independent testing laboratory and in accordance with the manufacturer's
instructions.
[Note to paragraph (e). Tank and piping system installation
practices and procedures described in the following codes of practice may be
used to comply with the requirements of paragraph (e) of this section:
(A) American Petroleum Institute Publication
1615, "Installation of Underground Petroleum Storage System";
(B) Petroleum Equipment Institute Publication
RP100, "Recommended Practices for Installation of Underground Liquid Storage
Systems";
(C) National Fire
Protection Association Standard 30, "Flammable and Combustible Liquids Code"
and Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair
Garages"; or
(D) Petroleum
Equipment Institute Publication RP1000, "Recommended Practices for the
Installation of Marina Fueling Systems".]
(f) Certification of installation. All owners
and operators must ensure that one or more of the following methods of
certification, testing, or inspection is used to demonstrate compliance with
paragraph (e) of this section by providing a certification of compliance to the
Department on the Permit to Operate application form in accordance with Section
280.23.
(1) The installer has been certified
by the tank and piping manufacturers; or
(2) The installer has been certified or
licensed by the Department; or
(3)
The installation has been inspected and certified by a registered professional
engineer with education and experience in UST system installation; or
(4) The installation has been inspected and
approved by the Department; or
(5)
All work listed in the manufacturer's installation checklists has been
completed; or
(6) The owner and
operator have complied with another method for ensuring compliance with
paragraph (e) of this section that is determined by the Department to be no
less protective of human health and the environment.
(g) Dispenser systems. Each UST system must
be equipped with under-dispenser containment for any new dispenser system
installed after May 23, 2008.
(1) A dispenser
system is considered new when both the dispenser and the equipment needed to
connect the dispenser to the underground storage tank system are installed at
an UST facility. The equipment necessary to connect the dispenser to the
underground storage tank system includes check valves, shear valves, unburied
risers or flexible connectors, or other transitional components that are
underneath the dispenser and connect the dispenser to the underground
piping.
(2) Under-dispenser
containment must be liquid-tight on its sides, bottom, and at any penetrations.
Under-dispenser containment must allow for visual inspection and access to the
components in the containment system or be periodically monitored for leaks
from the dispenser system.
(h) Effective May 23, 2008, each new or
replacement underground storage tank or piping must be secondarily contained
and monitored for leaks. In the case of a replacement of a previously installed
underground storage tank or previously installed piping connected to the
underground storage tank, the secondary containment and monitoring shall apply
only to the specific underground storage tank or piping being replaced, not to
other underground storage tanks and connected pipes comprising such system.
(1) In addition, each new or replacement
motor fuel dispenser system must have under-dispenser containment. New or
replaced piping associated with this installation must be secondarily
contained.
(2) These requirements
do not apply to repairs meant to restore an underground storage tank, pipe, or
dispenser to operating condition except that when piping repairs over a
consecutive 12-month period constitute more than 25 percent of the piping by
length, the entire piping run must be replaced with secondarily contained
piping.
(3) In the case of
dispenser replacement on suction piping systems that meet the requirements of
Section 280.41(b)(1)(ii)(A) through (E), this requirement does not apply if the
replacement does not involve any connectors, risers, or piping below the union
or check valve.
(4)Secondary
containment systems shall be designed, constructed, installed and maintained
to:
(i) Contain regulated substances released
from an UST system until they are detected and removed; and
(ii) Prevent a release of regulated
substances to the environment at any time during the operational life of the
UST system; and
(iii) Be monitored
monthly for a release in accordance with Section 280.43(g), except for suction
piping that meets the requirements of Section 280.41(b)(1)(ii)(A) through (E).
The requirements of this section also apply to new or replacement underground
storage tank systems that serve emergency generators.
(i) Release detection. Release
detection, conducted in accordance with Subpart D, must begin when regulated
substances are introduced into the tank system. The owner/operator must notify
the Department in writing prior to introducing a regulated substance into the
tank system.
