Current through Register Vol. 48, No. 9, September 27, 2024
Owners and operators must permanently close (in accordance
with Subpart G of this part) any UST system that does not meet the new UST
system performance standards in Section 280.20 or has not been upgraded in
accordance with paragraphs (b) through (d) of this section. This does not apply
to previously deferred UST systems described in Subpart K of this part and
where an upgrade is determined to be appropriate by the Department.
(a) Alternatives allowed. All existing UST
systems must comply with one of the following requirements:
(1) New UST system performance standards
under Section 280.20;
(2) The
upgrading requirements in paragraphs (b) through (d) of this section;
or
(3) Closure requirements under
Subpart G of this part, including applicable requirements for corrective action
under Subpart F of this part.
(b) Tank upgrading requirements. Steel tanks
must be upgraded to meet one of the following requirements in accordance with a
code of practice developed by a nationally recognized association or
independent testing laboratory:
(1) Interior
lining. Tanks upgraded by internal lining must meet the following:
(i) The lining was installed in accordance
with the requirements of Section 280.33; and
(ii) Within 10 years after lining, and every
5 years thereafter, the lined tank is internally inspected and found to be
structurally sound with the lining still performing in accordance with original
design specifications. If the internal lining is no longer performing in
accordance with original design specifications and cannot be repaired in
accordance with a code of practice developed by a nationally recognized
association or independent testing laboratory, then the lined tank must be
permanently closed in accordance with Subpart G of this part.
(2) Cathodic protection. Tanks
upgraded by cathodic protection must meet the requirements of Section
280.20(a)(2)(ii), (iii), and (iv) and the integrity of the tank must have been
ensured using one of the following methods:
(i) The tank was internally inspected and
assessed to ensure that the tank was structurally sound and free of corrosion
holes prior to installing the cathodic protection system; or
(ii) The tank had been installed for less
than 10 years and is monitored monthly for releases in accordance with Section
280.43(d) through (i); or
(iii) The
tank had been installed for less than 10 years and was assessed for corrosion
holes by conducting two (2) tightness tests that meet the requirements of
Section 280.43(c). The first tightness test must have been conducted prior to
installing the cathodic protection system. The second tightness test must have
been conducted between three (3) and six (6) months following the first
operation of the cathodic protection system; or
(iv) The tank was assessed for corrosion
holes by a method that is determined by the Department to prevent releases in a
manner that is no less protective of human health and the environment than
paragraphs (b)(2)(i) through (iii) of this section.
(3) Internal lining combined with cathodic
protection. Tanks upgraded by both internal lining and cathodic protection must
meet the following:
(i) The lining was
installed in accordance with the requirements of Section 280.33; and
(ii) The cathodic protection system meets the
requirements of Section 280.20(a)(2)(ii), (iii), and (iv).
[Note to paragraph (b). The following historical codes of
practice were listed as options for complying with paragraph (b) of this
section:
(A) American Petroleum
Institute Publication 1631, "Recommended Practice for the Interior Lining of
Existing Steel Underground Storage Tanks";
(B) National Leak Prevention Association
Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing
Steel Underground Tanks by Lining Without the Addition of Cathodic
Protection";
(C) National
Association of Corrosion Engineers Standard RP-02-85, "Control of External
Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage
Systems"; and
(D) American
Petroleum Institute Recommended Practice 1632, "Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems".]
[Note to paragraph (b)(1)(ii).The following codes of
practice may be used to comply with the periodic lining inspection requirement
of this section:
(A) American Petroleum
Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection
of Underground Storage Tanks";
(B)
National Leak Prevention Association Standard 631, Chapter B "Future Internal
Inspection Requirements for Lined Tanks"; or
(C) Ken Wilcox Associates Recommended
Practice, "Recommended Practice for Inspecting Buried Lined Steel Tanks Using a
Video Camera".]
(c) Piping upgrading requirements. Metal
piping that routinely contains regulated substances and is in contact with the
ground must be cathodically protected in accordance with a code of practice
developed by a nationally recognized association or independent testing
laboratory and must meet the requirements of Section 280.20(b)(2)(ii), (iii),
and (iv).
[Note to paragraph (c). The codes of practice listed in the
note following Section 280.20(b)(2) may be used to comply with this
requirement.]
(d) Spill and
overfill prevention equipment. To prevent spilling and overfilling associated
with product transfer to the UST system, all existing UST systems must comply
with UST system spill and overfill prevention equipment requirements specified
in Section 280.20(c).
(e) Product
transfer equipment. To decrease vapor emissions associated with product
transfer to the UST system, all existing UST systems must comply with product
transfer equipment requirements as follows:
(1) All UST systems upgraded after December
22, 1996, must comply with the UST system product transfer equipment
requirements specified in Section 280.20(d)(1); or
(2) All UST systems upgraded 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) UST
systems used for the storage of used oils are not required to be equipped with
a drop tube.
(f) At
least 30 days before beginning upgrading of existing UST systems to satisfy the
requirements of Section 280.21, or within another reasonable time period
determined by the Department, owners and operators must notify the Department
of their intent to upgrade the UST system.
