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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2019


Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 1351
The proposed regulations reflect regulatory changes promulgated at the federal level as well as advances in UST system technologies. The State of Delaware regulations must be at least as stringent as the federal regulations under the requirements of 40 CFR 281, State Program Approval. The proposed regulatory requirements will clarify and improve installation, operation and maintenance, release detection and remedial requirements.
The Division of Air Quality is revising 7 DE Admin. Code 1124 Section 26 and Section 36 that regulate vapor recovery systems associated with gasoline dispensing facilities.
Two workshops were held on April 16 on the proposed amendments to 7 DE Admin. Code 1351 Regulations for Underground Storage Tank Systems. All questions were answered at the workshops; however formal public comments were accepted at the workshops and on April 17, 2019. Upon considering the comments that were submitted, the Department has made no substantive changes to the proposed amendments, and has scheduled a public hearing set for August 27, 2019 beginning at 6:00 PM in the Pat Ellis conference room at the Division of Waste and Hazardous Substances office at 391 Lukens Drive in New Castle. Written comments may be submitted at the hearing and up to September 11, 2019. Individuals desiring to provide comment may submit written comments regarding the proposed changes via email to Lisa.Vest@delaware.gov or via the USPS to Lisa Vest, Hearing Officer, DNREC, 89 Kings Highway, Dover, DE 19901 (302) 739-9042.
1.1.1 These Regulations are enacted in accordance with 7 Del.C. Chapter 60, Environmental Control, and 7 Del.C. Chapter 74, Delaware Underground Storage Tank Act.
1.2.1 The requirements of these Regulations shall apply to any Person, including without limitation to all Owners and Operators of an UST System as defined in 7 Del.C. §7402 (20) herein unless specifically exempted. The following UST Systems shall only be subject to the requirements of Part A § subsections 4.10, and Section 12.0 and Part B § subsection 4.6, and Part C § subsection 4.5, and Part D § subsection 3.6, and Part E of these Regulations:
1.2.1.1 Agricultural/Farm and residential UST Systems of one thousand one hundred (1,100) gallons or less used for storing Motor Fuels for Non Commercial purposes.
1.2.2 The requirements contained in these Regulations Regulations, with the exception of requirements in Part A, § subsection 1.3 and Part E of these Regulations Regulations, do not apply to any of the following UST Systems:
1.2.2.2 Any UST System that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission in accordance with 10 CFR Part 50, Appendix A. Any UST system that is part of an emergency generator system at nuclear power plant generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 CFR part 50.
1.2.2.51.2.2.3 Wastewater treatment tank systems. Any Wastewater Treatment Tank system not covered under Part A, subsection 1.2.1.4.
1.2.2.4 Aboveground storage tanks associated with:
1.3 Prohibition for Deferred UST Systems Installation Requirements for Partially Excluded UST Systems
1.3.1 No Person may shall install an UST System as described under §1.2.2. of this Part A, subsection 1.2.2 for the purpose of storing Regulated Substances unless the UST System:
1.3.1.2 Is cathodically protected Cathodically Protected against corrosion, constructed of non corrodible material, steel clad with a non corrodible material, or designed in a manner to prevent the Release or threatened Release of any stored substance; and
1.4.1 Any Person who violates these Regulations shall be subject to all appropriate legal sanctions including but not limited to the provisions set forth in 7 Del.C. Chapter 74, §7411 or 7 Del.C. Chapter 60.
1.4.2 The Department reserves the right to order a hydrogeologic investigation in accordance with Part E of these Regulations prohibit delivery or dispensing of a Regulated Substance or require an UST System tightness test in accordance with Parts B, C and D of these Regulations when:
1.4.2.3 An imminent threat Imminent Threat to human health, safety or the environment exists.
The following words, terms and phrases have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning.
"Above Ground Release" means any Release to the surface of the land or to surface water. This includes, but is not limited to, Releases from the above ground portion of an UST System and Above Ground Releases associated with overfills and transfer operations as the Regulated Substance moves to or from an UST System.
"Accidental Release" means any sudden or non-sudden release of Regulated Substance arising from operating an UST System that results in a need for corrective action and/or Corrective Action, or compensation for bodily injury Bodily Injury or property damage Property Damage neither expected nor intended by the tank Tank Owner or Operator.
"Agricultural/Farm Tank" is a tank Tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. An agricultural/farm tank Agricultural/Farm Tank shall be located on the farm property. "Agricultural/Farm" includes fish hatcheries, rangeland and nurseries with growing operations.
"Airport Hydrant Fuel System" means a fuel distribution system utilizing underground Piping that supplies vertical Pipe dispensing points located in flush, surface mounted, below grade pits a UST System which fuels aircraft and operates under high pressure with large diameter Piping that typically terminates into one or more hydrants, also known as fill stands. The Airport Hydrant Fuel System begins where fuel enters one or more Tanks from an external source such as a pipeline, barge, rail car, or other Motor Fuel carrier.
"Ancillary Equipment" means any devices including, but not limited to, such devices as Piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of Regulated Substances to and from an UST.
"API" means American Petroleum Institute.
"ASTM" means American Society for Testing and Materials.
"Below Ground Release" means any Release to the subsurface of the land and to groundwater. This includes, but is not limited to, Releases from the below ground portions of an UST System and below ground Releases associated with overfills and transfer operations as the Regulated Substance moves to or from an Underground Storage Tank System.
"Beneath the Surface of the Ground" means beneath the ground surface or otherwise covered with earthen materials.
"Bodily Injury" shall have the meaning given to this term by state State law; however this term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury Bodily Injury.
"Cathodic Protection" or “Cathodically Protected means a technique to prevent the corrosion of a metal surface by making that surface the cathode of an electrochemical cell. Protection can be accomplished by means of an impressed current system or a Sacrificial Anode system.
"CERCLA" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986.
"Change In Service" means a change in status of the UST System from either In Service to Out Of Service or a change in status of the UST System from Out Of Service to In Service.
"Change in Substance Stored" means the exchange of one substance stored in an UST System for another.
"Chief Financial Officer" in the case of local government Local Government owners and operators, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the local government Local Government.
"Class A Operator" means an individual having primary responsibility for the overall operation and maintenance of an UST System. the individual who has primary responsibility to operate and maintain the UST System in accordance with applicable requirements established by the Department. The class A Operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
"Class B Operator" means an individual having responsibility and direct control over daily on-site operation and maintenance of an UST System. the individual who has Day to Day responsibility for implementing applicable regulatory requirements established by the Department. The Class B Operator typically implements in-field aspects of operation, Maintenance, and associated recordkeeping for the UST System.
"Class C Operator" means an individual, on-site employee having primary responsibility for addressing emergencies presented by a Release from an UST System. The individual responsible for initially addressing emergencies presented by a spill or Release from an UST System. The Class C Operator typically controls or monitors the dispensing or sale of Regulated Substances.
"Closed In Place" means the cleaning and filling of an UST System through the use of prescribed techniques to render it permanently unfit for service.
"Compatible" or “Compatibility means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the UST System under conditions likely to be encountered in the UST System.
Conceptual Site Model” or “CSM” means a comprehensive graphical model and written and summary describing what is known or hypothesized about environmental contamination at a site and the relationship among key site information that are pertinent to decision-making. A CSM is a model or representation that evolves over the life cycle of site investigation and cleanup efforts and provides a platform for evaluating the data gaps and related uncertainty associated with site history and operations; geology, hydrogeology and hydrology; contaminant sources, release mechanisms and fate and transport; potential receptors and exposure pathways.
"Connected Piping" means all Piping including valves, elbows, joints, flanges, and flexible connectors attached to an UST System through which Regulated Substances flow. For the purpose of determining how much Piping is connected to any individual UST System, the Piping that joins two UST Systems should be allocated equally between them.
"Consumptive Use" with respect to Heating Fuel means consumed On The Premises Where Stored for non commercial purposes for any activities that do not result in monetary gain.
"Consumptive Use Heating Fuel UST System" means an UST System that contains Heating Fuel that is used solely for the operation of equipment used for the generation of heat, is connected directly or via a day tank to the heat generating equipment, and is for Consumptive Use On The Premises Where Stored.
"Containment Sump" means Product Tight under dispenser, Piping and Underground Storage Tank top structures, enclosing equipment or Piping or used for Release Detection, such that there are no pathways for Regulated Substances to enter the environment. a Liquid Tight container that protects the environment by containing leaks and spills of Regulated Substances from Piping, Dispensers, pumps and related components in the containment area. Containment Sumps may be single walled or Secondarily Contained and located at the top of the Tank (Tank top or submersible turbine pump sump), underneath the Dispenser (Under- Dispenser Containment Sump), or at other points in the Piping Run (transition or intermediate sump).
"Controlling Interest" means direct ownership of at least fifty (50) percent (50%) of the voting stock of another entity.
"Corrective Action" means the sequence of actions, or process, process that includes confirming a release, site assessment, interim remedial action, remedial action, monitoring, and termination of the remedial action. Release, Site Assessment, interim Remedial Action, Remedial Action, monitoring, and Termination of the Remedial Action.
Day” means a calendar Day; however, when used to determine when a document is due and the Day falls on the weekend or a holiday, the document may be submitted on the first working Day after the weekend or holiday.
"Department" means the Department of Natural Resources and Environmental Control.
"Dielectric Material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST Systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST System (e.g., Tank from Piping).
Dispenser” means equipment located aboveground that dispenses Regulated Substances from the UST System.
Dispenser System” means the Dispenser, check valves, product shear valves, vapor shear valves, unburied risers, flexible connectors, and any other transitional components that connect the Dispenser to the underground associated with the UST System.
"Domestic Well" means a well primarily used for potable non-public water supply purposes and which may be used for non-potable purposes, excluding heat pump supply.
"Effective Date" means the most recent date of Promulgation of these Regulations.
"Electrical Equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.
"Electrically Isolated" means the electrical separation of the Underground Storage Tank from the Piping and from other metallic structures and the environment by means of a nonconductive fitting or bushing.
Empty” or “Emptied” means all Regulated Substances have been removed from the UST System using commonly employed practices so that no more than one inch (1) or 2.5 centimeters of residue, or three tenths of one percent (0.3%) by weight of the total capacity of the UST System, remains in the UST System.
"Excavation Zone" means the volume containing the UST System and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST System is placed at the time of installation.
"Facility" means any location or part thereof containing one or more Underground Storage Tank Systems.
Field-Constructed Tank” means an Underground Storage Tank constructed in the field, such as an Underground Storage Tank constructed of concrete that is poured in the field, or a steel or fiberglass Underground Storage Tank primarily fabricated in the field.
"Financial Reporting Year" means the latest consecutive twelve month period for which any of the following reports used to support a financial test is prepared:
(2) An annual report of tangible net worth Tangible Net Worth submitted to a recognized rating service such as Dun and Bradstreet; or
(4) Audited financial report; or
"Flow-Through Process Tank" is a tank stationary structure that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-Through Process Tanks do not include tanks stationary structures used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by products from the production process.
"Gathering Lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
"Hazardous Substance" means a substance as defined in 101(14) of the CERCLA, or any mixture of such hazardous substance Hazardous Substance and petroleum, but not including any substance regulated as a hazardous waste under RCRA Subtitle C.
"Hazardous Substance UST System" means an UST System that contains a hazardous substance Hazardous Substance defined in 101(14) of the CERCLA, but not including any substance regulated as a hazardous waste under RCRA Subtitle C, or any mixture of such substances and petroleum, and which is not a Petroleum UST System.
"Heating Fuel" also known as heating oil, means petroleum that is one of eight technical grades. These grades are: No. 1; No. 2; No. 4 light; No. 4 heavy; No. 5 light; No. 5 heavy; No. 6 technical grade of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels used as substitutes for one of these fuels such as kerosene, Used Oil Oil, diesel or biodiesel when used for heating purposes. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
Holder” means a Person who, upon the effective date of this regulation or in the future, maintains Indicia of Ownership primarily to protect a Security Interest in a Petroleum UST or UST system or Facility or property on which a Petroleum UST or UST system is located. A Holder includes the initial holder (such as a loan originator); any subsequent Holder (such as a successor-in-interest or subsequent purchaser of the security interest on the secondary market); a guarantor of an obligation, surety, or any other person who holds ownership indicia primarily to protect a security interest; or a receiver or other person who acts on behalf or for the benefit of a Holder.
"Hydraulic Lift Tank" means a tank stationary structure holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
Imminent Threat” means an actual Release or a potential for a Release which requires action to prevent or mitigate damage to the environment or endangerment to public health or welfare.
"Impervious Material" means a material of sufficient thickness, density and composition that is impenetrable to the Regulated Substance, has a permeability of less than 1 X 10 7 1 X 10 -7 cm/sec., and that will prevent the discharge to the lands, ground waters, or surface waters of the State of any Regulated Substance for a period of at least as long as the maximum anticipated time during which the Regulated Substance will be in contact with the material.
Indicia of Ownership” means evidence of a secured interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including any legal or equitable title or deed to real or personal property acquired through or incident to foreclosure. Evidence of such interests include mortgages, deeds of trust, liens, surety bonds and guarantees of obligations, title held pursuant to a lease financing transaction in which the lessor does not select initially the leased property (hereinafter lease financing transaction), and legal or equitable title obtained pursuant to foreclosure. Evidence of such interests also includes assignments, pledges, or other rights to or other forms of encumbrance against property that are held primarily to protect a security interest. A person is not required to hold title or a security interest in order to maintain Indicia of Ownership.
"Industrial Well" means a well which is used in the processing, washing, packaging, or manufacturing of a product excluding food and beverages.
Institutional Controls” means non-engineered instruments, such as administrative and legal controls including an Environmental Covenant (EC) as described in 7 Del.C. §§7907-7920, the Uniform Environmental Covenants Act (UECA).
"In Service" means an UST System which is not abandoned, contains Regulated Substances and/or or has Regulated Substances regularly added or withdrawn.
"Legal Defense Cost" means any expense that an Owner Owner, or Operator or provider of financial assurance Provider of Financial Assurance incurs in defending against claims or actions brought by:
(1) EPA or Department to require investigations and/or corrective action Corrective Action or to recover the costs of investigations and/or corrective action Corrective Action; or
(2) On behalf of a third party for bodily injury or property damage Bodily Injury or Property Damage caused by an accidental release Accidental Release; or
(3) Any person Person to enforce the terms of a financial assurance mechanism.
Liquid Tight” means Under-Dispenser Containment, UST top sumps and spill prevention equipment that are impervious to the substance contained, or to be contained, so as to prevent seepage of Regulated Substance from the containment into the environment and seepage of liquids from the environment into the containment.
"Liquid Trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These Liquid Traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
"LNAPL" means a Light Non-Aqueous Phase Liquid having a specific gravity less than one (1) and composed of one or more organic compounds that are immiscible or sparingly soluble in water. The term encompasses all potential occurrences Occurrences of LNAPL including free, mobile, and residual.
"Free Mobile LNAPL" means LNAPL that is hydraulically connected in the pore space, exceeds residual saturation, and has the potential to be mobile in the environment migrate.
"LNAPL Body" means the 3-dimensional form and distribution of LNAPL in the subsurface existing in any phase.
"LNAPL Conceptual Site Model (LCSM)" means a model describing the physical properties, chemical composition, occurrence Occurrence and geologic setting of the LNAPL body Body from which estimates of flux, risk and potential remedial action Remedial Action can be generated. The LCSM may be a dynamic, living model that changes through time as a function of natural attenuation or engineered remedial action Remedial Action processes, or additional site knowledge.
"Mobile Migrating LNAPL" means free LNAPL that is moving laterally or vertically in the environment under prevailing hydraulic conditions. The result of the LNAPL movement is a net mass flux from one point to another. Not all free LNAPL is mobile, but all mobile LNAPL must be free LNAPL.
"Residual LNAPL" means LNAPL that is hydraulically discontinuous and immobile under prevailing conditions. Residual LNAPL cannot move, but is a source for chemicals of concern dissolved in groundwater or in the vapor phase in soil gas. The residual Residual LNAPL saturation is a function of the initial or maximum LNAPL saturation and the porous medium.
"Local Government" shall have the meaning given this term by applicable state State law and includes Indian tribes. The term is generally intended to include:
(1) Counties, municipalities, townships, separately chartered and operated special districts (including local government Local Government public transit systems and redevelopment authorities), and independent school districts authorized as governmental bodies by state State charter or constitution; and
"Maintenance" means the operational upkeep as described by manufacturer's recommendations or the Department requirements to prevent an UST System from releasing product.
Marina Underground Storage Tank System” means any UST System and its associated Ancillary Equipment and containment system, if any, maintained and operated at a Marina Fueling Facility.
Marina Fueling Facility” means any land-based fueling Facility that dispenses fuel over, adjacent to, or in close proximity to the water for the purpose of fueling watercraft.
"Monitor Well" means a well installed in accordance with Delaware's Regulations Governing the Construction of Water Wells that will be used for the monitoring of ground water quality.
"Motor Fuel" means petroleum or other substance that includes motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, alternative fuels including but not limited to ethanol, methanol or biodiesel and is typically used in the operation of a motor engine. a complex blend of hydrocarbons typically used in operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol).
"Motor Oil" means a petroleum product used to lubricate the internal parts of an engine. The term includes lubricating and operational fluids for the mechanical components associated with the engine, including any hydraulic, transmission, gear or braking systems.
"NACE" means National Association of Corrosion Engineers.
"NFPA" means National Fire Protection Association, Inc.
"Non Commercial Purposes" means the product in the UST System is not used for any activities that result in monetary gain. with respect to Motor Fuel means not for resale.
"Non-Consumptive Use Heating Fuel UST System" means an UST System that contains Heating Fuel that is not solely for Consumptive Use On The Premises Where Stored.
"Observation Tube" means a leak detection Release Detection device placed within the Excavation Zone which reaches the water table and can be inspected periodically to determine whether contamination of the aquifer by a Regulated Substance has occurred.
"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release from an UST System. This definition is not intended either to limit the meaning of "occurrence" “Occurrence” in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence." “Occurrence”.
"On The Premises Where Stored" with respect to Heating Fuel means UST Systems located on the same property where the stored Heating Fuel is used.
"Operational Life" refers to the period beginning when installation of the UST System has commenced until the time the UST System is properly Removed or Closed In Place in accordance with the requirements of these Regulations.
"Operator" means any Person who has responsibility for the care, custody, and control of the daily operation of an UST System, including but not limited to responsibility conferred by lease, contract or other form of authorization agreement. An Operator's duties and responsibilities under 7 Del.C. Chapter 74 and these Regulations continue regardless of whether the UST System is in fact operational.
"Out Of Service" means an UST System which:
"Overfill Release" is a Release that occurs when an Underground Storage Tank is filled beyond its capacity, resulting in a discharge of the Regulated Substance to the environment.
"Owner" means a Person who has or has had a legal interest in a Facility or UST System, or who has or has had an equitable interest in a Facility or UST System, except when a Person holds an interest in an UST System as a security interest, unless through foreclosure or other such action the holder Holder has taken possession of or operated the UST System; and in the case of an UST System in use on November 8, 1984, or brought into use after that date, any Person who owns an UST System used for storage, use, or dispensing of Regulated Substances; and in the case of any UST System in use before November 8, 1984 but no longer in use on that date, any Person who owned such UST System immediately before the discontinuation of its use.
"Person" means any individual, entity, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body, a consortium, a joint venture, a commercial organization, and the United States Government.
"Person in Charge" Person In Charge means the UST Owner or Person designated by the UST Owner, an UST Operator, or any Person delivering Regulated Substance to an UST, as the one with direct supervisory responsibility for an activity or operation at a Facility, such as the transfer of a Regulated Substance to or from any point in the Facility.
"PEI" means Petroleum Equipment Institute.
"Petroleum Marketing Facility" means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.
"Petroleum Marketing Firm" means all firms owning petroleum marketing facilities. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be Petroleum Marketing Firms.
Petroleum UST System” means an UST System that contains petroleum or a mixture of petroleum with de minimis quantities of other Regulated Substances. Such systems include those containing Motor Fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and Used Oils.
"Pipe" or "Piping" or “Line” means an impermeable hollow cylinder or tubular conduit constructed of non-earthen materials that conveys or transports Regulated Substances, or is used for venting, filling, or vapor recovery of Regulated Substances.
Pipeline Facility” or "Pipeline Facilities" are new and existing Pipe right-of-ways rights-of-way and any associated equipment including Gathering Lines, facilities, or buildings.
Piping Run” means all pressurized Piping from a single submersible turbine pump to the farthest dispenser or all Piping from a suction pump back to the Underground Storage Tank.
"Positive Pressurized Delivery System" means a Regulated Substance delivery system in which part or all of the system is continuously under pressure greater than the atmospheric pressure.
"Precision Test" means a test capable of detecting a Release and that is approved by the EPA and meets or exceeds NFPA 329, Underground Leakage of Flammable and Combustible Liquids. and quantifying Release rates with adjustments for variables in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
"Product Tight" means under dispenser containment and UST top sumps that are impervious to the substance contained, or to be contained, so as to prevent seepage of Regulated Substance from the containment into the environment.
"Property Damage" shall have the meaning given this term by applicable state law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage Property Damage. However, such exclusions for property damage Property Damage shall not include corrective action Corrective Action associated with releases from tanks Tanks which are covered by the policy.
"Provider of Financial Assurance" means an entity that provides financial assurance to an Owner or Operator of an underground storage tank Underground Storage Tank through one of the mechanisms listed in these Regulations, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state required mechanism, or a state.
"Public Well" means a well which is used to supply water to more than three (3) dwelling units; twenty-five (25) or more employees; in the manufacture of ice, foods, or beverages; to the public in food washing, processing, or preparation in a plant, restaurant, or other facility.
"RCRA" means the Resource Conservation and Recovery Act of 1976 as amended.
"Registration Certificate" means a document issued by the Department to implement the registration and notification requirements of these Regulations.
"Regulated Substance" means a liquid that contains:
(a) One percent (1%) or more by volume of a hazardous Any substance as defined in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and any amendments thereto; but not including any substance regulated as a hazardous waste under RCRA Subtitle C; or
(b) One tenth percent (.1%) or more by Any volume of a carcinogen as defined by EPA in the Integrated Risk Information System (IRIS) April 2002 and as updated; or
(c) Petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature (60 degrees Fahrenheit) and pressure (14.7 pounds per square inch absolute), including without limitation, petroleum and substances containing petroleum comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading and finishing, such as Motor Fuels, Jet Fuels, distillate fuel oils, Motor Oil, Heating Fuel, residual fuel oils, lubricants, petroleum solvents, Used Oils, and biodiesel or other biologically derived fuels; or
(d) Alternative fuels including but not limited to such as ethanol and methanol methanol, in concentrations up to one hundred percent (100%); or
(e) A substance determined by the Secretary through regulation to present a risk to public health or welfare or the environment if released into the environment.
(e)(f) Any mixture of the foregoing a through d e.
"Release" means any spilling, overfilling, leaking, emitting, discharging, escaping, leaching or disposing of a Regulated Substance into groundwater, surface water, air or soils that is not permitted by law, regulation or permit.
"Release Detection" means a method or process of determining whether a Release of a Regulated Substance has occurred from the UST System into the environment or a leak has occurred into the interstitial space between the UST System and its secondary barrier or Secondary Containment around it.
"Remedial Action" means activities conducted to protect human health, safety, and the environment. These activities include evaluating risk, making no further action determinations, monitoring institutional and engineering controls, and designing and operating cleanup equipment.
"Removal" or "Removed" means the process of removing and disposing of an UST System, through the use of prescribed techniques for the purging of residues and vapors and removal of the vessel from the ground.
"Repair" means to restore or replace an UST System component that is not functioning per manufacturer's specifications or Department requirements. to proper operating condition a Tank, Pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, Release Detection equipment or other UST System component that has caused a Release of product from the UST System or has failed to function properly.
Replacement” or “Replaced” means
"Residential Tank" is a tank Tank located on a single family property used primarily for dwelling purposes.
"Responsible Party" means any Person who:
"Retrofit" means to modify an UST System to meet standards contained in these Regulations.
"Sacrificial Anode" means a device to reduce or prevent corrosion of a metal in an electrolyte by galvanic coupling to a more anodic metal.
"Secondary Containment" or “Secondarily Contained means a system installed to prevent any volume of Regulated Substance Released from the Tank and Piping system from reaching the soils or water outside the system for the anticipated period of time necessary to detect and recover the Released substance. Release prevention and Release Detection system for a Tank or Piping. The system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes Containment sumps when used for interstitial monitoring or Piping.
"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control or a duly authorized designee.
Security Interest” means an interest in a Petroleum UST or UST System or in the Facility or property on which a Petroleum UST or UST System is located, created or established for the purpose of securing a loan or other obligation. Security Interests include mortgages, deeds of trusts, liens, and title pursuant to lease financing transactions. Security Interests may also arise from transactions such as sale and leasebacks, conditional sales, installment sales, trust receipt transactions, certain assignments, factoring agreements, accounts receivable financing arrangements, and consignments, if the transaction creates or establishes an interest in an UST or UST system or in the facility or property on which the UST or UST system is located, for the purpose of securing a loan or other obligation.
"Septic Tank" is a water tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank Septic Tank are pumped out periodically and hauled to a treatment facility.
"Site Assessment" means to measure for the presence of a Release where contamination is most likely to be present at an UST site. Selection of sample types, sample locations and measurement methods shall be based on the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a Release. A Site Assessment is not restricted to the property containing the UST System.
"State" means the State of Delaware.
Statistical Inventory Reconciliation” or “SIR” means Release Detection methods based on the application of statistical principles to inventory data.
"Storm Water" or "Wastewater Collection System" means piping Piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.
"Substantial Business Relationship" means the extent of a business relationship necessary under applicable state law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the owner or operator Owner or Operator.
"Substantial Governmental Relationship" means the extent of a governmental relationship necessary under applicable state law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST Release such as coterminous boundaries, overlapping constituencies, common ground water groundwater aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.
"Surface Impoundment" means a natural topographic depression, man made excavation, or diked area formed primarily of earthen materials (although it may be lined with man made materials), that is not an injection well.
"Tangible Net Worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.
"Tank" means that portion of an Underground Storage Tank System that consists of the stationary containment vessel structure constructed of Compatible materials designed to contain an accumulation of Regulated Substances and does not include any connected Connected Piping or Ancillary Equipment.
"Termination" in § subsection 3.3, Form C and § subsection 3.4, Form D of Part F means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date of the original policy.
"UL" means Underwriters Laboratories.
Under-Dispenser Containment” or “UDC” means containment underneath a Dispenser System designed to prevent leaks from the Dispenser and Piping within or above the UDC from reaching soil or groundwater and to prevent seepage of liquids from the environment into the containment.
"Underground Area" means an underground room, such as a basement, cellar, shaft or vault, providing enough space to permit physical inspection of the entire UST situated on or above the surface of the floor.
"Underground Release" means any below ground Release.
"Underground Storage Tank" or "UST" means any one or combination of Tanks including underground Pipes connected thereto, which is used to contain an accumulation of Regulated Substances, and the volume of which, including the volume of underground Pipes connected thereto, is 10 ten percent (10%) or more beneath the surface of the ground Beneath the Surface of the Ground. Such term does not include any:
(b) Pipeline facility Facility (including Gathering Lines) which is regulated under:
(1) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.) Chapter 601 of Title 49, or
(2) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), or
(3)(2) Which is an intrastate pipeline facility Pipeline Facility regulated under state laws comparable to the provisions of the law referred to in paragraph B (1) or (2) of this definition as provided in Chapter 601 of Title 49, and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;
(g) Storage tank Tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage Tank is situated upon or above the surface of the floor.
(h) The term "Underground Storage Tank" or "UST" does not include any Pipes connected to any tank Tank which is described in Subsections A through G subsections (a) through (g) of this definition.
"Underground Storage Tank System" or "UST System" means an Underground Storage Tank, connected underground product, vent, and vapor recovery Piping and its associated Ancillary Equipment, containment systems, and all appurtenances including but not limited to Dispenser Systems, spill containment systems, overfill prevention systems, and Release detection Detection systems.
Upgrade” means the addition of a component to improve the ability of an UST System to prevent or detect the Release of Regulated Substances from the UST System.
"Used Oil" means a petroleum based or synthetic oil used as an engine lubricant, engine oil, Motor Oil or lubricating oil for use in an internal combustion engine, or a lubricant for motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
"Used Oil UST System" means an UST System used for storing Used Oil and its associated Ancillary Equipment and containment system.
"U-Tube" means a Release Detection device placed under the longitudinal axis of an UST in an excavation which is always above the water table, and that can collect Regulated Substances released from an UST and can be inspected periodically to determine if a Release of a Regulated Substance has occurred.
"Vadose Zone Vapor Detection Tube" means a Release Detection device placed within the tank Tank field which does not reach the water table and can be continuously monitored by electronic means or periodically inspected for vapors emanating from released Regulated Substances.
Verifiable Service” means a delivery system utilizing hand delivery by a State of Delaware Environmental Protection Officer or any mail delivery system whereby a signature of recipient and date of delivery is required.
"Wastewater Treatment Tank" means a tank stationary structure that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
3.1.1 The referenced standards listed in this Section have served in part as the basis for the standards enacted under these Regulations. The most recent editions or versions of the referenced standards as noted in Part A, Section 3.0 of these Regulations are available for review and inspection with prior notification at the Department of Natural Resources and Environmental Control, Tank Management Branch Division of Waste and Hazardous Substances and from the following sources (addresses of the cited organizations are subject to change):
3.2.1 In these Regulations, all referenced standards mean the most recent applicable edition or version in effect on January 11, 2008 as noted in Part A, Section 3.0 of these Regulations. Where there is an irreconcilable conflict between a standard or recommendation published by an industry or professional organization and referenced by these Regulations, and a requirement in these Regulations, the most stringent shall apply and control. Where there is an irreconcilable conflict between standards or recommendations published by industry or professional organizations and referenced by these Regulations, the most stringent shall apply and control.
3.3.1.1 Specification Number 12F, Shop Welded Tanks for Storage of Production Liquids, 12th Edition, October 2008.
3.3.1.2 RP 1604, Closure of Underground Petroleum Storage Tanks, 3rd Edition, March 1996.
3.3.1.3 RP 1615, Installation of Underground Petroleum Storage Systems, 6th Edition, April 2011.
3.3.1.4 RP 1621, Bulk Liquid Stock Control at Retail Outlets, 5th Edition, May 1993.
3.3.1.5 RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, 5th Edition, June 2001.
3.3.1.6 RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, 3rd Edition, January 1996.
3.3.1.7 RP 1635, Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities [final edition, now out of print], 3rd Edition, January 1987.
3.3.1.8 RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals, 3rd Edition, July 2006.
3.3.1.9 RP 1646, Safe Work Practices for Contractors Working at Retail Petroleum/Convenience Facilities, 2nd Edition, March 2017.
3.3.1.10 IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fueling Equipment, 8th Edition, August 2007.
3.3.1.11 RP 1626, Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Service Stations, 2nd Edition, August 2010.
3.3.1.12 Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks, 7th Edition, May 2014.
3.3.1.13 RP 2016, Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks, 1st Edition, August 2001.
3.3.2.1 RP NACE International Standard Practice SP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, March 2011.
3.3.2.2 NACE International Test Method TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems, March 2012.
3.3.2.3 RP NACE International Standard Practice SP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, October 2013.
3.3.3.1 NFPA 30, Flammable and Combustible Liquids Code, May 2014.
3.3.3.2 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, May 2014.
3.3.3.3 NFPA 31, Standard for the Installation of Oil Burning Equipment, December 2015.
3.3.3.4 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, December 2014.
3.3.3.5 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, August 2016.
3.3.4.1 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks, June 1995.
3.3.5.1 RP100, Recommended Practices for Installation of Underground Liquid Storage Systems, 2017 Edition.
3.3.5.2 RP300, Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites, 2009 Edition.
3.3.5.3 RP 500, Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment, 2011 Edition.
3.3.5.4 RP 900, Recommended Practices for the Inspection and Maintenance of UST Systems, 2017 Edition.
3.3.5.5 RP 1000, Marina Fueling Systems, 2014 Edition.
3.3.5.6 RP 1100, Recommended Practices for the Storage and Dispensing of Diesel Exhaust Fluid, 2015 Edition.
3.3.5.7 RP 1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, 2017 Edition.
3.3.5.8 RP 1300, Aviation Fueling Systems, 2013 Edition.
3.3.5.9 RP 1400, Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems, 2014 Edition.
3.3.5.10 RP 1700, Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems, 2018 Edition.
3.3.6.1 Specification STI STI-P3®, Specification for sti P3® System and Manual for External Corrosion Protection of Underground Steel Storage Tanks, November 2015.
3.3.6.2 F-841, Standard for Dual Wall Underground Steel Storage Tanks, January 2006.
3.3.6.3 F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, November 2015.
3.3.6.4 F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks, November 2015.
3.3.6.5 R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs, December 2010.
3.3.6.6 F-922, Specification for Permatank®, October 2014.
3.3.6.7 R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, January 2006.
3.3.6.8 R012, Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks, April 2007.
3.3.6.9 R051, Cathodic Protection Testing Procedures for STI- P3® USTs, April 2017.
3.3.7.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids, 9th Edition, January 1996.
3.3.7.2 UL 1316, Standard for Glass-Fiber Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures, 2nd Edition, January 1994.
3.3.7.3 UL 1746, Standard for Safety: External Corrosion Protection Systems For Steel Underground Storage Tanks, 3rd Edition, January 2007.
3.3.7.4 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids, 1st Edition, October 1995.
3.3.7.5 UL 971A, Outline of Investigation for Metallic Underground Fuel Pipe, October 2006.
3.3.7.53.3.7.6 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas, 10th Edition, May 2014.
3.3.8.1 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces, September 2016.
3.3.10.1 FTPI Protocol, Field Test Protocol for Testing and Annular Space of Installed Underground Fiberglass Double and Triple Wall Tanks with Dry Annular Space, August 2014.
3.3.10.2 FTPI RP T-995-021, Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks, 2nd Edition, January 1995.
3.3.11.1 ITRC, Green and Sustainable Remediation: State of the Science and Practice. GSR-1, May 2011.
3.3.11.2 ITRC, Green and Sustainable Remediation: A Practical Framework. GSR-2, November 2011.
3.3.12.1 KWA RP, Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera, September 1999.
4.1.1 No Person shall own or operate an UST System unless the UST System is registered with the Department utilizing a form provided by the Department, unless specifically exempted in this Part. At a minimum, the notice must shall specify to the extent known, the location, size, type of UST System, type of Release detection Detection, age of the UST, and the type of Regulated Substance(s) stored.
4.1.2 All UST Systems, unless specifically exempted, that were in the ground on or after July 12, 1985, unless taken out of operation and Closed In Place on or before January 1, 1974, are required to be registered with the Department in accordance with 7 Del.C. Chapter 74 utilizing a form provided by the Department. Owners and Operators who have not complied with the registration requirements may obtain a notification form from the Department which must shall be accurately completed, signed, dated and returned to the Department.
4.1.3 Owners and Operators must shall provide notification for each UST. Owners and Operators may provide notice for multiple USTs at a single Facility using one notification form. Owners with USTs located at more than one Facility must shall file a separate notification form for each Facility.
4.1.4 Registration of UST Facilities must shall be renewed on or before February 1 of every year from the date of the last valid Registration Certificate and until the Department receives a formal notice that the UST Facility has been permanently Removed or Closed In Place or that the ownership of the Facility has been transferred. Registration shall be automatically renewed by the Department upon receipt of the annual Tank registration fee. Nonpayment of fees shall render the Registration Certificate invalid.
4.1.6 The Owner shall notify the Department in writing of any significant change in the information presented on the original registration form including but not limited to change of address, change in UST System status including Removal, Closure in In Place, Change in In Service, or Change in In Substance Stored, Retrofit, or Upgrade at least ten (10) calendar days fourteen (14) Days prior to the change.
4.1.7 No Person shall order or accept delivery of a Regulated Substance into an UST System unless the UST Facility has a valid Registration Certificate issued by the Department.
4.1.9 Any Person who sells an UST System must shall notify the new Owner and Operator of the UST System registration requirements of this Part A, subsection 4.4.
4.2.1 On or before February 1 of each calendar year, Owners and Operators of UST Systems must shall pay an annual per Underground Storage Tank registration fee in accordance with 7 Del.C. §7418.
4.2.2 Consumptive Use Heating Fuel UST Systems are subject to the tank Tank registration fee in 7 Del.C. §7418 as follows:
4.3.1 The Department shall issue a validated valid Registration Certificate for each UST Facility upon initial registration or notification of Change In Service or change in ownership. The Owner and Operator of the UST Facility must shall display a current and valid Registration Certificate on the premises of the UST Facility at all times. The Registration Certificate shall be made available for inspection upon request by any authorized local, state or federal representative.
4.4.2 Any Person who assumes ownership of an UST System from a previous registrant shall complete and return to the Department a new notification form and a transfer of ownership form with documentation of compliance with the Financial Responsibility financial responsibility requirements of Part F of these Regulations and a copy of the executed bill of sale for the property no later than thirty (30) days Days after the transfer. The Owner and Operator may redact the sale price listed in the executed bill of sale.
4.4.5 Any change in the structure of the UST Owner, including but not limited to any change in the corporate form and any change in the form of the business entity, shall constitute a transfer of ownership.
4.5.2 UST Systems storing one Regulated Substance utilized for multiple purposes including but not limited to petroleum used for heating buildings and fueling emergency generators and diesel fuel used for fueling vehicles and heating buildings, shall meet the more stringent requirements for installation, leak detection Release Detection, spill and overfill protection prevention, corrosion protection and financial responsibility requirements in Parts A, B, C, D and F of these Regulations.
4.6.2 UST System Owners and Operators must shall notify the Department of the planned installation of all UST Systems used for storing Regulated Substances, at least thirty (30) days Days prior to installation. Notice must shall include information as required in Parts B, C or D of these Regulations.
4.6.6 If within the thirty (30) day Day notification period, the Department or its designee issues a formal letter of approval, the installation of the UST System may begin.
4.6.10 Department approval for installation of an UST System shall not eliminate the need to obtain applicable approvals and permits from the authority(ies) enforcing the Delaware Fire Prevention Commission Regulations, local building codes or other State or Federal or Local rules or regulations.
4.6.11 Owners and Operators must shall certify that they are in compliance with the financial responsibility requirements in Part F of these Regulations prior to a Regulated Substance being placed in the UST system. If an insurance or risk retention group coverage mechanism is used to comply with the financial responsibility requirements in Part F, such certification requires submission of an insurance or risk retention group coverage documents, including a copy of the complete insurance policy and any endorsements, and the Certificate Of Insurance (Form D) and UST Schedule (Form R).
4.6.12 At the completion of the UST System installation installation, the Owner and Operator shall not commence operation of the UST System without written approval and receipt of a valid Registration Certificate from the Department.
4.7 Repair, Retrofit or and Upgrade Notification Requirements
4.7.1 UST Systems Owners and Operators shall notify the Department of all scheduled Retrofits or Upgrades of UST Systems, on a form provided by the Department, at least ten (10) days prior to the proposed date of construction. on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require post-construction testing in accordance with Part B subsection 1.28.7 or Part B subsection 2.29.7, at least fourteen (14) Days prior to the proposed date of construction. The Department shall approve or deny the construction work within fourteen (14) Days of receipt of the notification form and construction plans.
4.7.2 UST Systems Owners and Operators shall notify the Department on a form provided by the Department, of scheduled Repairs, Retrofits, or Upgrades that require Site Assessment in accordance with Part B subsection 1.28.11 or Part B subsection 2.29.11, at least fourteen (14) Days prior to the proposed date of construction. The Department shall approve or deny the Retrofit or Upgrade construction work plans within ten (10) days fourteen (14) Days of receipt of the notification form and construction plans.
4.7.3 The Repair, Retrofit or Upgrade construction may proceed after the Department has acknowledged receipt of the notification form and has approved the Repair, Retrofit or Upgrade construction plans.
4.7.4 UST System Owners and Operators must shall notify the Department within 48 hours of two (2) Days prior to the commencement of Repair, Retrofit or Upgrade construction work after receipt of the Department's approval of the Repair, Retrofit or Upgrade construction plans unless otherwise directed by the Department.
4.7.5 If the Repair, Retrofit or Upgrade construction work has not begun within sixty (60) days ninety (90) Days of receipt of the Department's approval, a new notification form must shall be submitted to the Department.
4.8 Removal, Closure In Place Place, and Change In Service and Change in Substance Stored Notification Requirements
4.8.1 Change in Substanced Stored UST System Owners and Operators shall notify the Department of all scheduled UST System Removals, UST System Closures In Place, or UST System Changes In Service, or UST Changes in Substance Stored on a form provided by the Department. The notification form shall be completed and signed by the Owner and must shall be received by the Department at least ten (10) days fourteen (14) Days prior to beginning the Removal, Closure In Place, Change In Service or UST Change in Substance Stored of the UST System, unless such action is in response to an imminent threat to human health, safety or the environment.
4.8.2 Removal, Closure In Place Place, or Change In Service or UST Change in Substance Stored of an UST System without the required fourteen (14) Day notification to the Department is prohibited. If such action is in response to an Imminent Threat to human health, safety or the environment, the Owner or Operator shall notify the Department in accordance with Part E subsection 1.3.
4.9.1 A copy of all Department approvals and permits must shall be kept at the UST site and be available to Department representatives upon request. UST installation, Retrofit or Upgrade work may be halted for failure to maintain a copy of approvals and permits at the construction site.
4.9.2 Any change in the schedule of work must shall be communicated to the Department a minimum of forty-eight (48) hours two (2) Days prior to the new scheduled date of work. All schedule changes must shall be approved by the Department.
4.10 UST System Tightness Test Failure Reporting Requirements
4.10.1 Results of any UST System which fails an UST System tightness test must shall be reported to the Department within twenty-four (24) hours by the Owner and Operator and the UST System test contractor. A paper copy of the test result(s) shall be sent to the Department within seven (7) days Days of the test failure. The UST System tightness test failure shall be investigated in accordance with Part E Section 2.0.
5.1.1 Owners and Operators of UST System Facilities shall maintain records in an orderly permanent form. To demonstrate recent UST Facility compliance status, Owners and Operators must shall maintain records of monitoring, testing, Repairs, Retrofits, Upgrades, Removal Removal, or Closure In Place, Change In Service or Change in Substance Stored.
6.1.2 The Owner and Operator of an UST System subject to the provisions of these Regulations may request in writing a determination from the Department for approval of an alternative procedure or technology. The Department in its discretion may approve alternative procedures or technology technologies or a combination of alternative procedures or technologies not specified in the Regulations if the following requirements are met. The requirements shall be submitted in writing and shall set forth as a minimum the following information:
6.1.2.1 Name and location of the Facility and the specific UST(s) System for which an alternative procedure is sought; and
6.1.2.4 The basis for the alternative procedure, including but not limited to the technical difficulties that would result from compliance with the established provision; and
7.1.2 In submitting data under 7 Del.C. Chapter 74, The Delaware Underground Storage Tank Act, and these Regulations, a Person required to provide such data may:
7.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to Part A §8, Section 8.0 of these Regulations and the Freedom of Information Act Regulations adopted pursuant to 29 Del.C. Chapter 100 as amended.
8.1.4 Any information submitted to the Department in which a confidential business information designation is requested shall be subject to the Freedom of Information Act Regulations adopted Pursuant pursuant to 29 Del.C. Chapter 100 as amended.
9.1.1.2 "No person shall remove, deface, alter or otherwise tamper with this Delivery Prohibition Tag. This Delivery Prohibition Tag is affixed by the Tank Management Branch, Delaware Department of Natural Resources and Environmental Control, pursuant to Part A, §§9.1.1. through 9.1.15. of the Regulations Governing Underground Storage Tank Systems, as amended. Violators are subject to civil and criminal penalties pursuant to 7 Del.C. §§6005, 6013 and 7411." Contact information for the Tank Management Branch shall be included on the Delivery Prohibition Tag.
9.1.2 "Violation that poses an imminent threat" means a violation of the Regulations Governing Underground Storage Tank Systems, or 7 Del.C. Ch. 60 or 74, that poses an imminent threat to human health or safety or the environment, or that creates a substantial probability of harm when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the actual or potential damages to human health or safety or the environment.
9.1.12 Upon determination by the Tank Management Branch of a violation of the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Ch. 60 or 74, other than a violation that poses an imminent threat, the Branch may give written notice to the Owner or Operator of the following: The violation(s), the scheduling of an Expedited Evidentiary Hearing, and the preliminary intention to affix a Delivery Prohibition Tag at the conclusion of the Expedited Evidentiary Hearing, subject to consideration of the evidence submitted and any other pertinent considerations. This notice shall be received by the Owner and Operator at least thirty (30) days before the date of the Expedited Evidentiary Hearing.
9.1.14 The Owner or Operator may appeal an adverse determination from the Expedited Evidentiary Hearing by requesting a public hearing pursuant to the procedural provisions for a public hearing found in 7 Del.C. Ch. 60 and 74. The request for a public hearing shall be made by the Owner or Operator to the Secretary's Office in writing within thirty (30) days of receipt of an adverse determination of the Expedited Evidentiary Hearing. The public hearing may be consolidated with any public hearing requested of Release Prevention Regulations underlying the Delivery Prohibition Tag.
9.3.1 Upon determination by the Department of a violation of the Regulations Governing Underground Storage Tank Systems or 7 Del.C. Chs. 60 or 74, other than a violation that poses an Imminent Threat, the Department may give written notice to the Owner or Operator of the following:
9.4.4 The Owner or Operator may appeal an adverse determination from the Expedited Evidentiary Hearing by requesting a public hearing pursuant to the procedural provisions for a public hearing found in 7 Del.C. Chs. 60 and 74. The request for a public hearing shall be made by the Owner or Operator to the Secretary's Office in writing within thirty (30) Days of receipt of an adverse determination of the Expedited Evidentiary Hearing.
10.1.1 Owners and Operators shall submit to the Department on a form provided by the Department a list of the individuals designated as the Class A and Class B Operator for each UST System that is subject to the requirements of Part B, or Part C with the exception of Heating Fuels UST Systems used for single family residential heating purposes, or Part D, or Part H or Part I of these Regulations, and that is In Service, Service or Out of Of Service and is not empty, or has not been Removed or Permanently Closed in Place in accordance with these Regulations. The list shall include the name of the operator(s), classification of the operator(s), date each operator assumed the responsibility for their classification and date the operator training or written assessment was successfully completed.
10.1.310.1.2 A list in accordance with the requirements of §10.1.1 Part A, subsection 10.1.1 shall be submitted to the Department a minimum of ten (10) days fourteen (14) Days prior to the operation of an UST System installed after August 8, 2012.
10.1.410.1.3 Owners and Operators shall notify the Department in writing within ten (10) days fourteen (14) Days of any change in the information provided in §10.1.1 of this Part A, subsection 10.1.1.
10.1.510.1.4 At least one Class A and one Class B Operator shall be designated for each Facility. An individual may be designated as a Class A, Class B, or Class C Operator or any combination of the three (3) classes at a single Facility.
10.1.610.1.5 An individual may be designated as a Class A, Class B, or Class C Operator at more than one Facility.
10.1.710.1.6 A Facility shall not operate after August 8, 2012 unless a Class A, Class B, and Class C Operator has been designated for each UST System and Class A & and Class B Operators have successfully completed a Department approved training program (receiving a grade of eighty percent (80%) or higher) and Class C Operators have been trained in accordance with §10.1.12 of this Part. Part A, subsection 10.1.11. At a minimum, the training program shall evaluate Class A and Class B Operators to determine these individuals have the knowledge and skills to make informed decisions regarding compliance and determine whether appropriate individuals are fulfilling the operation, Maintenance, and recordkeeping requirements for UST Systems in accordance with Part A, subsection 10.1.10.
10.1.810.1.7 Individuals designated as a Class A or Class B Operator in another state may comply with the training requirements of §10.1.7 of this Part A, subsection 10.1.6 by successfully completing a written and receiving a grade of eighty percent (80%) or higher on an online assessment approved by the Department.
10.1.9 In addition to successful completion of an initial training program as required in §10.1.7 of this Part A, subsection 10.1.6, upon notification from the Department that an UST System is not in compliance with these Regulations, Owners and Operators shall ensure that the Class A and Class B Operators at the Facility successfully complete additional training as required in a within thirty (30) Days of receipt of written notice issued unless otherwise directed by the Department.
10.1.1110.1.10 Training for Class A and Class B Operators shall be provided to ensure that the UST System is operated in compliance with these Regulations and shall include but is not limited to the following topics as applicable:
10.1.11.110.1.10.1 Registration and Notification Requirements; and
10.1.11.210.1.10.2 Operation and maintenance Maintenance of UST System components; and
10.1.11.310.1.10.3 Operation and maintenance Maintenance of spill prevention systems; and
10.1.11.410.1.10.4 Operation and maintenance Maintenance of overfill prevention systems; and
10.1.11.510.1.10.5 Operation and maintenance Maintenance of Release Detection systems; and
10.1.11.610.1.10.6 Operation and maintenance Maintenance of corrosion protection systems; and
10.1.11.710.1.10.7 Emergency response procedures; and
10.1.11.810.1.10.8 Compatibility of Regulated Substances and UST Systems; and
10.1.11.910.1.10.9 Financial responsibility requirements; and
10.1.11.1010.1.10.10 Routine Reporting, recordkeeping, testing, and routine inspection requirements; and
10.1.11.1110.1.10.11 Release and indicated Release reporting requirements; and
10.1.11.1210.1.10.12 Class C Operator training requirements; and
10.1.11.1310.1.10.13 Operation and maintenance of vapor recovery systems; and
10.1.11.1410.1.10.14 Change in In Service, Removal, Retrofit, Closure in Place requirements; and
10.1.11.1510.1.10.15 Materials of Underground Storage Tank UST Systems.
10.1.1210.1.11 Owners and Operators shall ensure that all Class C Operators are trained in emergency response procedures specific to the Facility prior to assuming Class C Operator responsibilities. Owners and Operators shall maintain a list of currently trained and active Class C Operators specific to the Facility.
The installation, Retrofit, Removal or Closure In Place of an UST System storing Regulated Substance shall have a minimum of one individual, certified for the UST System activity to be performed, present at all times while work is occurring. This individual shall be a permanent employee of the business firm performing the UST System activity and the business firm shall be certified for the UST System activity being performed in accordance with the requirements of Part G of these Regulations. All work performed on an UST System storing Regulated Substance shall be in accordance with the requirements of Parts A, B, C, D, E, G, H and I of these Regulations.
1.1.4 All UST Systems installed on or after January 11, 2008 shall be designed and installed in accordance with the secondary containment Secondary Containment requirements in accordance with §1.4 of this Part, except where specifically exempted Part B, subsection 1.4.
1.1.7 Regulated Substance shall not be deposited into an UST System that is not in compliance with the Financial Responsibility financial responsibility requirements of Part F of these Regulations.
1.2.2 Private and public drinking water wells, rivers, streams, lakes, canals, wetlands, floodplains, State-designated Natural Areas, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility.
1.2.3 UST System Owners and Operators shall notify the Department at least thirty (30) days Days prior to installation of all UST Systems. Notice shall include a site plan, the scale of which shall be one (1) inch to equals ten (10) feet or less (1 inch 10ft.), and which shall at a minimum include the following:
1.2.3.2 Size and location of Tanks including Tank dimensions, depth of cover, empty Empty Tank weight, Tank manufacturer and Tank type; and
1.2.3.9 Materials of construction for Tank(s), Pipings Piping and associated appurtenances, including manufacturer name, model numbers and any manufacturers manufacturer’s catalog information requested by the Department; and
1.2.3.15 Map with the distance clearly labeled in feet from the UST System to all Domestic and Industrial wells Wells and surface water bodies within a one hundred and fifty feet (150) radius of the UST System.
1.2.4 After the Effective Date of these Regulations January 11, 2008, new UST Systems shall not be installed within a minimum distance of a one hundred and fifty (150) foot radius from a Public or Industrial well Well, unless otherwise approved by the Department. A Replacement, Retrofit or Upgrade of an UST System shall not be considered a new installation for the purposes of this section Part B, subsection 1.2.4.
1.2.5 After the Effective Date of these Regulations January 11, 2008, new UST Systems shall not be installed within a minimum distance of a one hundred (100) foot radius from a Domestic well Well, unless otherwise approved by the Department. A Replacement, Retrofit or Upgrade of an UST System shall not be considered a new installation for the purposes of this section Part B, subsection 1.2.5.
1.3.1.2 Secondarily contained Fiberglass Reinforced Plastic fiberglass reinforced plastic; or
1.3.1.3 Secondarily contained Steel with Non-Metallic or Coated Outer Shell; or steel with non-metallic or coated outer shell.
1.3.2.1 PEI RP100, Recommended Practices For Installation Of Underground Liquid Storage Systems.
1.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
1.3.2.3 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.4.1 The Department reserves the right to shall require Secondary containment or equivalent protection Containment on any portion of the UST System where aquifers underlying the UST Facility are determined to need such protection, or where groundwater below the UST Facility is within a well head protection area, or where groundwater is susceptible to contamination in order to protect the safety, health, welfare, or and environment of the State.
1.4.3 Secondary containment Containment systems shall include the following:
1.4.3.3 Containment Sumps at the Tank top and under each dispenser Dispenser that meet the requirements of §1.25 of this Part B, subsection 1.25; and
1.4.4 All Secondary containment Containment systems shall be constructed in accordance with acceptable engineering practice and practices, industry standards and shall have Release Detection in accordance with §1.9 of this Part B. subsection 1.9.
1.5.1 Acceptable UST System designs in §1.3 of this Part B, subsection 1.3 shall be fabricated in double walled construction for Tanks and Piping in accordance with accepted engineering practice and industry standards.
1.5.2.2 Outer jackets made of steel shall be coated as prescribed in §1.6.2 of this Part B, subsection 1.6.2; and
1.6.1 Cathodically Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the applicable industry standards, including but not limited to the following:
1.6.1.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.6.1.2 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.6.1.3 STI-P3, Specification for sti-P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
1.6.1.4 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.6.1.5 STI R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs.
1.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol-Gasoline Mixtures.
1.8.1 Steel with Non-Metallic or Coated Outer Shell non-metallic or coated outer shell UST Systems shall be designed, constructed, installed and tested in accordance with the following industry standards, as applicable:
1.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.8.1.3 STI F-922, Specification for Permatank®.
1.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
1.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
1.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.8.3 The coating shall be factory inspected for air pockets, cracks, blisters, pinholes and electrically tested by a ten thousand (10,000) volts holiday test performed over 100 one hundred percent (100%) of the surface for coating short circuits or coating faults or in accordance with the manufacturer's specifications.
1.9 Release Detection Requirements for Underground Storage Tanks UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
1.9.1.1.1 Can detect Utilizes a method or methods capable of detecting a Release from any portion of the Tank and the connected underground Piping that routinely contain Regulated Substance at a minimum of once every thirty (30) Days; and
1.9.1.3 Failure by Owners and Operators to maintain records of required Release Detection monitoring and inspection may be cause for the Department to require UST System Tank tightness test(s) and inspection(s) of the UST Facility and a an indicated Release investigation in accordance with Part E of these Regulations at the expense of Owners and Operators.
1.9.2 Methods of Release Detection for Underground Storage Tanks Storing Regulated Substance
1.9.2.1.2 Automatic tank gauge performing Tank tightness testing at a minimum of once every thirty (30) calendar days; or For Tanks that are installed prior to January 11, 2008 that are unable to, by design, accommodate the continuous interstitial monitoring Release Detection method required in Part B, subsection 1.9.2.1.1, automatic Tank gauge performing Tank tightness testing in accordance with Part B, subsection 1.9.5 for Tanks is permitted.
1.9.3 Inventory Control Requirements for Tanks Storing Regulated Substance
1.9.3.1.1.1 Description and amount of Regulated Substance in the Tank measured in inches to the nearest one-eighth (1/8") (1/8) of an inch. The equipment used shall be capable of measuring the level of Regulated Substance over the full range of the Tank's height to the nearest one eighth (1/8") one-eighth (1/8) of an inch. These measurements shall be converted from inches to gallons and these measurements and conversions shall be performed daily; and
1.9.3.1.1.3 All deliveries and measurements shall be made through a drop tube that extends to within 5.9 inches of no more than six (6) inches from the Tank bottom and in accordance with manufacturer’s specifications; and
1.9.3.1.1.5 Weekly assessment of the amount of water in UST Systems storing non-ethanol Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance or other UST Systems with prior Department approval. The measurement of water level in the bottom of the Tank shall be made to the nearest one eighth (1/8") one-eighth (1/8) of an inch. If the measurement is two (2) inches or more of water, the water shall be removed from the Tank within seven (7) days Days. Water shall be properly disposed in accordance with all local, state and federal requirements; and
1.9.3.1.1.9.1 Losses or gains from each day's Day’s inventory shall be reconciled at the end of each calendar month; and
1.9.3.3 All automatic systems utilized for performing inventory procedures shall comply with the preventative maintenance Maintenance program requirements of §1.9.5.3 of this Part B, subsection 1.9.5.2.
1.9.3.51.9.3.4 Failure to maintain and reconcile inventory control records may be cause for the Department to require UST System tightness test(s) and inspection(s) of the UST Facility at the expense of Owners and Operators.
1.9.4.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall inspect all interstitial monitoring devices utilized for Release Detection for evidence of a Release from the UST System and shall record the results.
1.9.4.3 The interstitial monitoring equipment shall be capable of producing a record of Release Detection monitoring results. Original test records or equivalent third party test reports that duplicate the ATG console settings and test programming shall be made available upon request.
1.9.4.4 Owners and Operators shall maintain records of the interstitial Release monitoring inspections for the life of the UST System results for three (3) years.
1.9.4.6 Owners and Operators shall maintain records of the annual inspections of the interstitial monitoring equipment for three (3) years and any Repairs performed as a result of the inspection for the life of the UST System their time of ownership or operation of the UST System.
1.9.5 Automatic Tank Gauge Gauging Release Detection Requirements for Tanks Storing Regulated Substance
1.9.5.1 Tank tightness testing using Automatic automatic tank gauging (ATG) equipment shall meet the following requirements:
1.9.5.1.1 The ATG equipment can detect a 0.1 gallons gallon per hour leak rate from any portion of the Tank that routinely contains Regulated Substance; and
1.9.5.1.3 At a minimum of once every thirty (30) calendar days Days the ATG equipment shall perform a Release Detection test for each Tank and shall produce a record of such test. Original test records or equivalent third party Release Detection test reports that duplicate the ATG console settings and test programming shall be made available upon request; and
1.9.5.1.51.9.5.1.4 If used for inventory control, the ATG equipment shall be capable of conducting inventory control in accordance with §1.9.3 of this Part B, subsection 1.9.3.
1.9.5.31.9.5.2 Owners and Operators shall have all ATGs inspected by a certified technician once every twelve (12) months as part of a preventive Maintenance program to minimize in-service failures. Any equipment malfunctions identified as a result of the inspection shall be rectified immediately. The inspection shall at a minimum include:
1.9.5.3.11.9.5.2.1 Inspection of the ATG console for proper printer operation if so equipped; and
1.9.5.3.21.9.5.2.2 Verification of the system setup values and battery backup; and
1.9.5.3.31.9.5.2.3 Verification of the test programming; and
1.9.5.3.41.9.5.2.4 Verification of the operability of all warning and alarm indicator lights and audible alarms; and
1.9.5.3.51.9.5.2.5 Inspection and testing of the magnetostrictive probes and sensors in accordance with the manufacturer's specifications or as directed by the Department to verify proper probe and sensor operation; and
1.9.5.3.61.9.5.2.6 Inspection of all cables that are visible during normal operating conditions for any cracking or swelling; and
1.9.5.3.71.9.5.2.7 Correction of any problem noted as a result of the required inspection.
1.9.5.41.9.5.2.8 Owners and Operators shall maintain records of the annual inspections of the ATG and any Repairs performed as a result of the inspection for the life of the UST System three (3) years.
1.10.2.2 Bottom hold-down pad which consists of eight (8) inches of reinforced concrete that extends eighteen (18) inches beyond the Tank sides and twelve (12) inches beyond each end; or
1.10.4 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.11.1 Backfill material shall consist of sand, crushed rock or pea gravel. The material shall be clean, washed, inert, free flowing, homogeneous, well granulated, non corrosive, and free of debris, rock, ice, snow or organic material. Particle length of crushed rock or pea gravel shall be no less than one-eighth (1/8) inch and no more than three-fourths (3/4) inch in size. Backfill material shall comply with the Tank manufacturer's specifications. Mixing of backfill with native soil or foreign objects is prohibited.
1.11.2 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.12 Requirements for Installation of an UST System Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance In An in an Existing UST Field Requirements Facility
1.12.1 If an a new UST System shall be installed in or near a an existing or previous UST System Facility, Owners and Operators shall conduct a Site Assessment in accordance with Part B subsections 1.28.10 and 1.28.11, and provide a means of Release Detection that will, at a minimum, shall detect any future Release from any portion of the UST System in accordance with Part B subsections 1.9 and 1.18.
1.13.2 UST(s) All Tanks shall be air pressure tested according to the manufacturer's specifications prior to installation of the UST(s) Tank(s) into the excavation. The installer shall soap the exterior, particularly its seams and fittings, and pressure test the UST(s) Tank(s) using the manufacturer's specifications to locate and correct defects. Tank and interstitial space testing shall be conducted according to the manufacturer's recommendations and accepted engineering practices.
1.13.4.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy; and
1.13.4.3 The required Precision Tests shall be conducted by a person Person trained and certified in the correct use of the necessary equipment, and shall be performed in accordance with the testing procedures and requirements established by the test system manufacturer and current industry standards and practices.
1.13.7 During the installation of all new Underground Storage Tank UST Systems, every stage of the construction shall be documented with photographs to demonstrate that the UST System was installed in compliance with the requirements for new UST Systems. Upon completion of the installation, copies of the photographs, as built plan, and required certification(s) as required in Part A §§4.6.11. and 4.6.12. of these Regulations Part A, subsections 4.6.11 and 4.6.12 shall be submitted to the Department within thirty (30) days Days of the completion of the UST System installation. The Facility Owner and Operator shall keep copies of all documents and photographs on file for the life of the UST Facility System.
1.14.4 The pipe Pipe joints shall be cut and deburred according to manufacturer's specifications to provide liquid tight Liquid Tight seals.
1.14.5 When rigid Piping is used, flexible connector(s) shall be installed at the Tank end of each Regulated Substance Piping Pipe, vent Pipe and vapor recovery Pipe as well as at the base of each dispenser Dispenser and vent riser on all new installations. Double elbow swing joints are prohibited.
1.14.6 All underground metal fittings, flexible connectors, joints, and pipes Pipes shall be isolated from contact with the soil.
1.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
1.15.1.2 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.15.1.4 UL Standard 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.15.1.5 UL Standard 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-connection Fittings for Petroleum Products and LP-Gas.
1.15.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.15.2 All integral Underground Piping systems shall be designed, constructed, and installed in a manner which will permit periodic tightness testing of the entire Piping system without the need for excavation and disassembly.
1.16.2.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.16.2.2 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-connection Fittings for Petroleum Products and LP-Gas.
1.16.2.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.16.2.4 NFPA 30, Flammable and Combustible Liquids Code.
1.16.2.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.16.2.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.18.2 UST Piping interstitial and sump monitoring systems shall be designed, constructed installed and maintained to detect a Release from any portion of the Piping that routinely contains Regulated Substance. Statistical Inventory Reconciliation (SIR) methods are not approved for Piping Release Detection.
1.18.41.18.3 Owners and Operators shall implement the indicated Release investigation procedure in Part E of these Regulations if the Piping Release Detection equipment or method shows indication of a Release.
1.19.1 Line Leak Detector and Line Tightness Testing Requirements
1.19.1.2 The automatic Line leak detector shall alert the Owner and Operator to the presence of a Release by restricting or shutting off the flow of the Regulated Substance. of a Regulated Substance in accordance with subsection 1.19.1.2.1 or 1.19.1.2.2.
1.19.1.4 Owners and Operators shall conduct an annual test of the operation of the automatic Line leak detector while installed in the UST System and under normal operating conditions. All Mechanical and Electronic automatic line Line leak detectors shall pass a function test at least once every twelve (12) months at three (3) gallons per hour (gph) at ten (10) pounds per square inch line pressure within one (1) hour.
1.19.2 Tightness Test Piping Interstitial Monitoring Requirements
1.19.2.31.19.2.1 Owners and Operators of UST Systems with underground pressurized Piping systems constructed of double wall design may shall utilize continuous interstitial monitoring systems to comply with the annual Piping tightness test requirements in §1.19.2.1 of this Part if that meet the following requirements are met:
1.19.2.3.11.19.2.1.1 All interstitial monitoring devices shall be designed, constructed, installed and maintained to continuously detect a Release from any portion of the Piping that routinely contains Regulated Substance; and
1.19.2.3.21.19.2.1.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall provide proof via the interstitial monitoring equipment that the interstitial monitoring device is functioning in accordance with the manufacturer's specifications; and
1.19.2.3.31.19.2.1.3 Owners and Operators shall maintain records of the interstitial Release Detection automatic tank gauge records for the life of the UST System for three (3) years; and
1.19.2.3.41.19.2.1.4 The interstitial monitoring system shall be designed and maintained to alert the Owner and Operator to the presence of a Release by shutting off the flow of the Regulated Substance; and
1.19.2.3.51.19.2.1.5 All sump and interstitial sensors shall comply with the testing and monitoring requirements of §1.27 of this Part B, subsection 1.27; and
1.19.2.3.61.19.2.1.6 All Containment Sumps shall comply with the testing and monitoring requirements of §1.25 of this Part B, subsection 1.25.
1.20.2 Suction Piping designed and constructed to meet the requirements of §1.17.1.2 of this Part B, subsection 1.17.1.2 shall have Release Detection in accordance with §1.18 of this Part B, subsection 1.19.2.1.
1.20.41.20.3 Owners and Operators of suction Piping that is designed and constructed in accordance with § Part B, subsection 1.17.1.2. shall conduct a Line tightness test a minimum of once every three (3) years in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.21.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
1.21.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
1.21.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
1.21.3 Owners and Operators shall equip all Regulated Substance UST Systems with impervious spill containment devices that form a liquid tight Liquid Tight seal around the fill pipe connection and the Stage I vapor recovery connections, where applicable.
1.21.4 All spill containment devices installed around the fill pipe Pipe shall have a minimum containment capacity of fifteen (15) gallons or be of a design that provides equivalent environmental protection. and a minimum capacity of five (5) gallons around the vapor Pipe.
1.21.5 Owners and Operators shall immediately upon discovery remove water, Regulated Substance or debris that accumulates in any spill containment device. Liquid and debris shall be properly disposed in accordance with all local, state, and federal requirements. Owners and Operators shall maintain spill containment devices to be capable of containing a spill of the containment design capacity at all times.
1.21.7 Owners and Operators shall test spill Spill containment devices of single wall design, including devices with replaceable inner buckets, shall be tested once every twelve (12) months for tightness, or in accordance with the manufacturer's specifications, or when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists. Part B, subsection 1.21.9.
1.21.8 Spill containment devices of double wall design with continuous monitoring of the interstitial space and the interstitial sensors are tested in accordance with §1.27 of this Part are exempt from the testing requirements of §1.21.7 of this Part. shall be tested once every twelve (12) months for tightness in accordance with Part B, subsection 1.21.9 and the interstitial sensors shall be tested in accordance with Part B, Section 1.27.
1.21.91.21.11 Owners and Operators shall report, investigate, and clean up any spills and overfills in accordance with Part E of these Regulations.
1.22.2 The Person In Charge of the transfer of Regulated Substance to the UST shall adhere to proper safety precautions and procedures for transfer as found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids and API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
1.22.2.31.22.2.4 At the conclusion of the transfer, the Person in Charge shall collect any Regulated Substance that remains in the transfer hose and shall ensure it is properly managed and does not reach the environment; and
1.22.2.41.22.2.5 The Person in Charge shall take all reasonable precautions to prevent spilling and dripping.
1.22.3.1 Automatically achieve partial shut off the of flow into the UST when the UST is no more than ninety five percent (95%) percent full and complete shut off of flow at ninety-eight percent (98%) full; or
1.22.3.2 Alert the transfer operator when the UST is no more than ninety percent (90%) percent full by restricting the flow into the UST or triggering a high-level alarm; or audible and visual alarm.
1.22.4 UST Systems that receive pressurized deliveries require a high level audible and visual alarm that is triggered at no more than ninety (90%) percent (90%) full for overfill prevention or an automatic flow shut-off valve designed for pressurized deliveries.
1.23.1.2.1 All fill and vapor recovery covers shall be marked consistent with API RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals or API IP 1542, Identification Markings for Dedicated Aviation Fuel Manufacturing and Distribution Facilities, Airport Storage and Mobile Fuel Equipment; and
1.24.1.1.1 NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection. Protection; and
1.24.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems. Systems; and
1.24.1.1.3 NACE International SP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems; and
1.24.1.1.31.24.1.1.4 NFPA 30, Flammable and Combustible Liquids Code; and
1.24.1.1.41.24.1.1.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.24.2.1.1 Testing procedures shall be done in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems, and the manufacturer's specifications and shall include the following:
1.24.2.1.1.1 A minimum of three (3) voltage readings equally spaced along the center line, including both ends and center, for UST Systems less than twenty thousand (20,000) gallons and a minimum of five (5) voltage readings equally spaced along the center line, including both ends, center and two intermediate locations, for UST Systems greater than or equal to twenty thousand (20,000) gallons; and
1.24.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part B, subsection 1.6 if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to the failure of any required reading to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days Days of the discovery of the failure of the corrosion protection system.
1.24.2.6 The Department shall approve, either verbally or in writing, writing all Cathodic Protection Repair or replacement Retrofit plans prior to work commencing.
1.24.2.8 The following information shall be submitted to the Department prior to Repair or replacement Retrofit of the Sacrificial Anode Cathodic Protection system:
1.24.2.9 If the tank Tank has an internal lining, no internal assessment results will be accepted for the purpose of determining the current integrity of the UST System.
1.24.2.10 Impressed current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement Retrofit for a failed Sacrificial Anode Cathodic Protection system after January 11, 2008.
1.24.2.11 The use of alternate methods of monitoring shall be those described in NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
1.25 Containment Sump Testing Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
1.25.1 All dispenser, Tank top, transition and any other Containment Sumps of single wall design shall be Product Tight and shall be tested for Product tightness once every thirty-six (36) months, or in accordance with the manufacturers' specifications, or when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists. utilized as part of a Release Detection system with sensors, shall be Liquid Tight and be tested for Liquid Tightness once every thirty-six (36) months in accordance with Part B, subsection 1.25.4 and when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists.
1.25.21.25.3 All dispenser Dispenser, Tank top, transition and any other Containment Sumps of double wall design with continuous monitoring of the interstitial space shall be Liquid Tight and be tested for Liquid Tightness once every thirty-six (36) months in accordance with Part B, subsection 1.25.4 and the interstitial sensors are shall be tested in accordance with §1.27 of this Part are exempt from the testing requirements of §1.25.1 of this Part B, subsection 1.27.
1.25.31.25.4 All dispenser Dispenser, Tank top, transition and any other Containment Sumps Sump tightness testing methods utilized shall be performed in accordance with the manufacturer's specifications or approved as directed by the Department. Hydrostatic testing procedures shall meet the following requirements:
1.25.41.25.5 All access manholes associated with Containment Sumps shall be sized such that the manhole skirt is sufficiently larger than the Containment Sump lid to allow adequate access to the sump and allow for surface water drainage.
1.25.51.25.6 All dispenser Dispenser Containment Sumps shall be installed and maintained as to be capable of being visually inspected at all times for evidence of a Release and shall not be filled with any material such as pea gravel or native soil, or the dispenser Containment Sump shall be continuously monitored for Releases.
1.25.61.25.7 Owners and Operators shall immediately upon discovery remove water, Regulated Substance or debris that accumulates in any Containment Sump. Liquid and debris shall be properly disposed in accordance with all local, state and federal requirements.
1.26.2 If equipped with a dispenser Dispenser sump sensor, the sensor shall be equipped with an automatic audible or visual Release Detection alarm system.
1.27 Testing and Monitoring Procedures for Sump Sensors and Interstitial Sensors for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
1.27.3 All sensors installed in a sump or interstitial space for the purpose of detecting a Release from the UST System shall be installed no more than one inch (1") from directly on the bottom at the lowest point of the sump or interstitial space and in accordance with the manufacturer’s specifications such that the sensor is capable of detecting any accumulation of Regulated Substance.
1.28 Repair, Retrofits and Upgrade and Retrofit Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
1.28.1 All Repairs, Retrofits and Upgrades, Retrofits and replacements to existing UST Systems shall meet the applicable design, installation, maintenance Maintenance and operational standards in Part B, §1 Section 1.0 of these Regulations and shall be approved by the Department prior to installation.
1.28.2 Owners and Operators shall report any abnormal unusual operating conditions to the Tank Management Branch Department in accordance with the requirements of Part E, § subsection 1.2 of these Regulations.
1.28.4 Owners and Operators shall ensure that Repairs, Retrofits or Upgrades or Retrofits will prevent Releases due to structural failure or corrosion as long as the UST System is used to store Regulated Substance.
1.28.5 Owners and Operators shall test the Cathodic Protection system in accordance with §1.24 of this Part B, subsection 1.24 within six (6) weeks and every twelve (12) months thereafter following the Repair of any Cathodically Protected UST System, to ensure it is operating properly.
1.28.6 Owners and Operators shall maintain records for each Repair, Retrofit and or Upgrade for the Operational Life of the UST System their time of ownership or operation of the UST System.
1.28.7 After any Repair, Retrofit or Upgrade to an UST System, Owners and Operators shall have the applicable portions of the UST System tested for tightness in accordance with these Regulations Regulations, or as directed by the Department Department, before the UST System is placed into service.
1.28.12 Within sixty (60) days Days of completion of a Repair, Retrofit or Upgrade of an UST System Owners and Operators and UST Contractors shall submit documentation to the Tank Management Branch Department including but not limited to the following:
1.28.12.2 Results of sampling required in Part E of these Regulations or §1.28.10 of this Part B, subsection 1.28.10; and
1.29 Used Oil Underground Storage Tank UST Systems Requirements
1.29.2.1 Owners and Operators shall monitor Used Oil UST Systems for Releases through the use of one of the inventory control procedures procedure in §1.29.3 of this Part B, subsection 1.29.5 and at least one of the following Release Detection methods:
1.29.2.1.2 Automatic tank gauge performing Tank tightness testing at a minimum of once every thirty (30) calendar days as prescribed in §1.9 of this Part Days in accordance with Part B, subsection 1.9.5 for Used Oil UST Systems installed prior to January 11, 2008 that are unable by design to accommodate the continuous interstitial monitoring Release Detection method required in Part B subsection 1.29.2.1.1; or
1.29.2.1.3 Manual tank gauging as prescribed in §1.29.4 of this Part; or Part B, subsection 1.29.4 may be utilized for Used Oil UST Systems with a nominal capacity of 550 gallons or less or Used Oil UST Systems with a nominal capacity of 551 to 1000 gallons that meet the Tank diameter criteria in Table 1. This is applicable to Used Oil UST Systems installed prior to January 11, 2008 that are unable by design to accommodate the continuous interstitial monitoring Release Detection method required in Part B, subsection 1.29.2.1.1.
1.29.3.1 Owners and Operators of Used Oil UST Systems used solely for the storage of Used Oil may shall utilize inventory control procedures performed in accordance with the inventory control requirements of §1.9.3 of this Part to comply with inventory control requirements; or Part B, subsection 1.29.5.
1.29.3.21.29.3.1.1 Owners and Operators of Used Oil UST Systems with a storage nominal capacity less than or equal to two thousand (2,000) gallons and used solely for the storage of Used Oil, of 551 to 2000 gallons not meeting the Tank diameter criteria in Table 1 may utilize manual tank gauging performed in accordance with the requirements of §1.29.4 to comply with inventory control requirements; or subsection 1.29.4.
1.29.4 Manual Tank Gauging Requirements Procedure for Used Oil UST Systems
1.29.4.31.29.4.1 Owners and Operators shall utilize manual tank gauging test procedures that meet the following requirements:
1.29.4.3.11.29.4.1.1 Once every seven (7) days Days the Used Oil UST System shall be tested. No Used Oil shall be added to or removed from the Used Oil UST during the prescribed test period in Table 1 of this Part; and
1.29.4.3.21.29.4.1.2 At the beginning and at the end of the test period the liquid level in the Used Oil UST shall be measured twice consecutively to the nearest one-eighth (1/8) inch and the average of the two measurements shall be recorded; and
1.29.4.3.31.29.4.1.3 At the end of each seven (7) day Day test period the change in Tank volume shall be calculated from the difference in the average beginning and average ending liquid level measurements and compared to the weekly test standard in Table 1 of this Part; and
1.29.4.3.41.29.4.1.4 At a minimum of once every thirty (30) calendar days Days the four (4) most recent change in tank volume numbers calculated in §1.29.4.3.3 of this Part B, subsection 1.29.4.1.3 shall be averaged and this test average shall be compared to the monthly test standard in Table 1 of this Part; and
1.29.4.3.51.29.4.1.5 If at any time the weekly or monthly change in Tank volume test average exceeds the test standard in Table 1 of this Part, Owners and Operators shall notify the Department of an indicated Release within twenty-four (24) hours of the end of the test period; and
1.29.4.3.61.29.4.1.6 Owners and Operators shall keep all manual tank gauging records utilized to comply with inventory control requirements on file for a minimum of three (3) years and shall make the records available to the Department within ten (10) days fourteen (14) Days of the Department’s request; and
1.29.4.3.71.29.4.1.7 Owners and Operators shall keep all manual tank Tank gauging records utilized to comply with Release Detection requirements on file for the life of the UST System three (3) years and shall make the records available to the Department within ten (10) days fourteen (14) Days of the Department's request.
Tank Size Capacity
(also requires 2nd Release Detection method monthly Release Detection in accordance with Part B, subsection 1.29.2)
1.29.5 Modified Inventory Control Requirements Procedure for Used Oil UST Systems
1.29.5.1 Owners and Operators shall utilize modified an inventory control procedures procedure that meet meets the following requirements:
1.29.5.1.1 The Regulated Substance level shall be measured in inches to the nearest one-eighth (1/8") (1/8) of an inch and shall be recorded each day Day that an UST has Used Oil added to or withdrawn from the UST, or at least once every seven (7) days Days; and
1.29.5.1.2 The water level shall be measured in inches to the nearest one-eighth (1/8") (1/8) of an inch and shall be recorded at least once every seven (7) days Days. If the water level changes two (2) inches or more from the last measurement the Owner or Operator must shall contact the TMB Department within twenty-four (24) hours.
1.29.5.1.5 Failure to maintain modified inventory control records for Used Oil UST Systems may be cause for the Department to require. require Tank tightness test(s) and inspection(s) of the UST Facility at the expense of Owners and Operators.
1.29.6 Overfill Prevention Requirements for Used Oil UST Systems
1.29.6.1 Owners and Operators of Used Oil UST Systems shall comply with the following overfill prevention requirements in §1.22 of this Part or shall have a written standard operating procedure that includes the following minimum requirements:
1.29.6.1.1 Determine and record the maximum gallons allowable such that the UST shall not be more than ninety percent (90%) full; and
1.29.6.1.2 The level of Used Oil shall be measured each day an UST has Used Oil added to or withdrawn from the UST to determine the current amount of ullage space available; and
1.29.6.1.3 The amount of Used Oil added shall be such that the UST is not more than ninety percent (90%) full; and
1.29.6.1.5 Receipts for Used Oil removal shall be maintained and made available to the Department upon request to ensure that the UST is not filled beyond ninety percent (90%) capacity.
1.29.7.4 Owners and Operators shall immediately upon discovery remove water, Used Oil or debris that accumulates in the spill containment device. Liquid and debris shall be properly disposed in accordance with all local, state and federal requirements. Owners and Operators shall maintain spill containment devices to be capable of containing a spill of the containment design capacity at all times.
1.29.7.6 Owners and Operators shall test spill containment devices shall once every twelve (12) months for tightness in accordance with the manufacturer's specifications or as directed by the Department to determine if a threat to human health, safety or the environment exists.
1.29.7.6 Spill containment devices of single wall design, including devices with replaceable inner buckets, shall be tested once every twelve (12) months for tightness in accordance with Part B, subsection 1.21.9.
1.29.7.7 Spill containment devices of double wall design with continuous monitoring of the interstitial space shall be tested once every twelve (12) months for tightness in accordance with Part B, subsection 1.21.9 and the interstitial sensors shall be tested in accordance with Part B, subsection 1.27.
1.30 Emergency Generator Underground Storage Tank UST Systems Requirements
1.30.3 Owners and Operators of UST Systems used solely for the storage of a Regulated Substance to power emergency generation equipment may utilize annual tank tightness testing as a method of Release Detection for the life of the UST provided the tank tightness testing is performed in accordance with the tank tightness test requirements in §2.9.7 of this Part, or may utilize a method in §1.9 of this Part. Owners and Operators of UST Systems used solely for the storage of a Regulated Substance to power emergency generation equipment shall utilize monthly Tank tightness testing for single wall UST Systems or continuous interstitial monitoring for double wall UST Systems to satisfy Release Detection requirements. Monthly Tank tightness testing shall be used for the life of the UST System provided it is performed in accordance with the Tank tightness test requirements in Part B, subsection 1.9.2.1.2 or continuous interstitial monitoring in accordance with Part B, subsection 1.9.2.1.1.
1.30.4 Owners and Operators of UST Systems used solely for the storage of a Regulated Substance to power emergency generation equipment shall not utilize an annual Line tightness test to comply with the pressurized Piping Release Detection tightness test requirements of §1.19.2 of this Part B. Owners and Operators shall utilize interstitial monitoring in accordance with the requirements of §1.19.2.3 of this Part to comply with the pressurized Piping Release Detection tightness test requirements of §1.19.2 of this Part.
1.31 Routine Inspection Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
1.31.1 Owners and Operators shall conduct an inspection at an interval no less frequently than once every twenty-eight (28) to thirty-one (31) calendar days every thirty (30) Days, unless specified in Part B, subsection 1.31.1.6, to monitor the condition of the UST System including but not limited to all dispensers, dispenser Dispensers, Dispenser sumps, access ports, spill containment devices, transition sumps and Containment Sumps. The routine inspection shall at a minimum include the following:
1.31.1.1 The removal of all dispenser Dispenser covers and visual inspection for any evidence of a Release of Regulated Substance and inspection of all fittings, couplings and filters; and
1.31.1.2 The removal of all Containment Sump and transition sump covers and visual inspection of the sump for any evidence of a Release of Regulated Substance or intrusion of water; and
1.31.1.3 The inspection of all access ports to make sure and drop tubes to verify that the covers, caps and adaptors are tightly sealed and equipment is free of debris or blockage; and
1.31.1.4 The removal of all spill containment device covers and inspection to ensure all spill containment devices, including spill containment devices located within multi-port Containment Sumps, are empty and free of debris, debris or blockage, liquid, including water or Regulated Substance; and
1.32.11.32.2 An internal lining may be added to an UST Systems System to improve the ability of an ensure the UST System is Compatible with the substance stored and to prevent the release of Regulated Substance.
1.32.3 The internal lining installation, operation and maintenance Maintenance shall meet the following requirements:
1.32.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks.
1.32.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks.
1.32.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
1.32.3.2 The lined Tank shall be tested for tightness in accordance with §2.9.7 of this Part B, subsection 2.9.7 and found to be tight before the Tank is put back into service; and service.
2.1.1 Owners and Operators shall ensure that all UST Systems storing Regulated Substances shall be designed, constructed, installed and operated in accordance with manufacturer's specifications, and accepted engineering practices and procedures; and in a manner which will prevent Releases of Regulated Substances to the ground waters, surface waters or soils of the State due to corrosion, structural failure, mechanical manufacturing defects, spills and overfills for the Operational Life of the Tank UST System. The material used in the construction and lining of the Tank shall be Compatible with the substances to be stored in the UST System. All UST Systems installed prior to January 11, 2008 shall meet the requirements of this Section.
2.1.3 Owners and Operators shall replace all double elbow swing joints with flexible connectors installed in accordance with Part B, §1.14 of these Regulations not later than January 1, 2011. Components of the UST System shall be approved by Underwriters Laboratories or equivalent third party certified.
2.1.42.1.8 Dispenser hoses shall be a maximum of eighteen (18) feet in length unless otherwise approved by the Department. When not in use, hoses shall be reeled, racked or otherwise protected from damage.
2.1.52.1.9 All product shear valves shall annually be manually opened and loosened to prevent gum deposit build-up and other conditions that may affect the operation of the valve.
2.2.2 Private and public drinking water wells, rivers, streams, lakes, canals, wetlands, floodplains, State designated Natural Areas, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility.
2.2.3 Owners and Operators shall submit a written plan of the UST System Facility to the Department and to any designated state or local government Local Government agency for approval thirty (30) days Days before the installation. The scale of the plan shall be one (1) inch to equals ten (10) feet or less (1 inch 10ft. or less) and shall include the following:
2.2.3.3 Dimensions and locations of vents, Observation Tubes, Monitoring Wells, vadose zone vapor detection tubes, U tubes, gauges and monitoring devices; and
2.2.3.14 Survey results from §2.2.1 of this Part B, subsection 2.2.1.
2.3.1.2 Fiberglass-Reinforced Plastic Fiberglass reinforced plastic; or
2.3.1.3 Steel Fiberglass Reinforced Plastic Composite fiberglass reinforced plastic composite; or
2.3.1.4 Composite Coated coated; or
2.3.1.5 Cathodically Protected Double-walled Steel Double walled steel; or
2.3.1.6 Double-walled Fiberglass-Reinforced Plastic Double walled fiberglass reinforced plastic; or
2.3.2.1 PEI, RP 100, Recommended Practices for Installation of Liquid Storage Systems.
2.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
2.3.2.3 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
2.4.1 The Department reserves the right to shall require Secondary containment or equivalent protection on any portion of the UST System where aquifers underlying the UST Facility are determined to need such protection, or where groundwater below the UST Facility is within a well head protection area, or where groundwater is susceptible to contamination in order to protect the safety, health, welfare or and environment of the State.
2.4.2 Secondary containment Containment systems shall be designed, constructed and installed to:
2.4.3 Secondary containment Containment systems may consist of one of the following:
2.4.3.1 A cathodically protected Cathodically Protected double walled steel Tank and double walled Piping; or
2.5.1 Any of the acceptable UST System designs in §2.3 of this Part B, subsection 2.3 may be fabricated in double walled construction in accordance with accepted engineering practice and industry standards.
2.5.2 A double walled Tank which is designed and manufactured in accordance with the following requirements satisfies the requirements for Secondary containment Containment in §2.4 of this Part B, subsection 2.4 and the requirements for Release Detection set forth in §2.9 of this Part B, subsection 2.9:
2.6.1 Cathodically protected Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the applicable industry standards, including but not limited to the following:
2.6.1.1 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.
2.6.1.2 NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.6.1.3 UL 58, Standard for Steel Underground Storage Tanks for Flammable and Combustible Liquids.
2.6.1.4 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
2.6.1.5 STI, Specification for sti-P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
2.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures.
2.7.2 Fiberglass reinforced plastic UST Systems shall be of sufficient structural strength to withstand normal handling and underground use and shall be compatible Compatible with the Regulated Substance and additives stored, corrosive soils and groundwater. Tank construction materials shall be of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions.
2.8.1 Steel Fiberglass Reinforced Plastic fiberglass reinforced plastic UST Systems shall be designed, constructed, installed and tested in accordance with the following industry standards, as applicable:
2.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
2.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
2.8.1.3 STI F-922, Specification for Permatank®.
2.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
2.8.1.5 STI F-961, ACT -100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
2.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
2.8.3 The coating shall be factory inspected for air pockets, cracks, blisters pinholes and electrically tested by a ten thousand (10,000) volts holiday test performed over 100 one hundred percent (100%) of the surface for coating short circuits or coating faults or in accordance with the manufacturer's specifications.
2.8.4 Any defects shall be repaired Repaired in accordance with standard engineering practice and manufacturer's requirements to assure compliance with industry standards.
2.9 Release Detection Requirements for Underground Storage Tanks UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
2.9.1 General Requirements for Tank Release Detection
2.9.1.1.1 Can detect Utilizes a method or methods capable of detecting a Release from any portion of the Tank and the connected underground Piping that routinely contain Regulated Substance at a minimum of once every thirty (30) Days; and
2.9.1.1.3 Meets the performance standards for Release Detection in this section Section, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. The method shall be capable of detecting the leak rate or quantity specified for Precision Testing, automatic tank Tank gauging, Line leak detectors, and Line tightness testing methods specified in these Regulations with a probability of detection of at least 0.95 and a probability of false alarm no greater than 0.05; and.
2.9.1.2 Owners and Operators shall implement the Indicated indicated Release investigation procedure in Part E of these Regulations if the Release Detection equipment or method shows indication of a Release.
2.9.2.1.1 Interstitial Monitoring at a minimum of once every thirty (30) Days; or
2.9.2.1.2 Automatic Tank Gauge gauge performing Tank tightness testing at a minimum of once every thirty (30) days; or in accordance with Part B, subsection 2.9.5.
2.9.3 Inventory Control Requirements for Tanks Storing Regulated Substance
2.9.3.1.1.1 Description and amount of Regulated Substance in the Tank measured in inches to the nearest one-eight (1/8") (1/8) of an inch. The equipment used shall be capable of measuring the level of Regulated Substance over the full range of the Tank's height to the nearest one eighth (1/8") one-eighth (1/8) of an inch. These measurements shall be converted from inches to gallons and these measurements and conversions shall be performed daily; and
2.9.3.1.1.3 All deliveries and measurements shall be made through a drop tube that extends to within 5.9 inches of no more than six (6) inches from the Tank bottom and in accordance with manufacturer’s specifications; and
2.9.3.1.1.5 Weekly assessment of the amount of water in UST Systems storing non-ethanol blended Regulated Substances excluding Consumptive Use Heating Fuel or Hazardous Substance or other UST Systems with prior Department approval. The measurement of the water level in the bottom of the Tank shall be made to the nearest one eighth (1/8") one-eighth (1/8) of an inch. If the measurement is two (2) inches or more of water, the water shall be removed from the Tank within seven (7) days Days. Water shall be properly disposed in accordance with all local, state and federal requirements; and
2.9.3.1.1.9.1 Losses or gains from each day's Day’s inventory shall be reconciled at the end of each calendar month; and
2.9.3.1.1.9.2 For any day Day in which there is a loss of five percent (5.0%) or more of the calculated daily inventory in gallons, or for any month in which there is a significant loss or gain of Regulated Substance that meets or exceeds one percent (1.0%) plus one hundred and thirty (130) gallons of the total monthly throughput, or any month in which there is an unexplainable consistent negative trend, the indicated Release investigation procedure in Part E of these Regulations shall be followed; and
2.9.3.2 Tanks equipped with automatic inventory control systems or continuously operating automatic in tank Tank gauging systems may use these devices to perform inventory reconciliation procedures.
2.9.3.3 All automatic systems utilized for performing inventory procedures shall comply with the preventative maintenance Maintenance program requirements of §2.9.5.1.5 of this Part B, subsection 2.9.5.1.5.
2.9.3.52.9.3.4 Failure to maintain and reconcile inventory control records may be cause for the Department to require Tank tightness test(s) and inspection(s) of the UST Facility at the expense of Owners and Operators.
2.9.4.1.3 The secondary barrier around or beneath the UST System consists of artificially constructed material that is sufficiently impermeable (at least 1 x 10 7 cm/sec for the Regulated Substance stored) Impervious Material so as to direct a Release of Regulated Substance to the monitoring point and permit its detection.
2.9.4.1.4 The barrier is compatible Compatible with the Regulated Substance stored so that a Release from the UST System will not cause deterioration of the barrier allowing a Release to pass through undetected.
2.9.4.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall inspect all interstitial monitoring devices utilized for Release Detection for evidence of a Release from the UST System and shall record the results.
2.9.4.32.9.4.4 Owners and Operators shall maintain records of the interstitial Release monitoring inspections results for the life of the UST System three (3) years.
2.9.4.42.9.4.5 Owners and Operators shall have all interstitial monitoring equipment inspected by a certified technician once every twelve (12) months as part of a preventive Maintenance program to minimize in-service failures. The inspection shall at a minimum include:
2.9.4.4.12.9.4.5.1 Inspection of the console for printer operation if so equipped; and
2.9.4.4.22.9.4.5.2 Verification of the system setup values and battery backup; and
2.9.4.4.32.9.4.5.3 Verification of the test programming; and
2.9.4.4.42.9.4.5.4 Verification of the operability of all warning and alarm indicator lights and audible alarms; and
2.9.4.4.52.9.4.5.5 Inspection and testing of all probes and interstitial sensors in accordance with the manufacturer's specifications or as directed by the Department to verify proper sensor operation; and
2.9.4.4.62.9.4.5.6 Inspection of all cables that are visible during normal operating conditions for any cracking or swelling; and
2.9.4.4.72.9.4.5.7 Correction of any problems found as a result of the required inspection.
2.9.5.1 Tank Tightness Testing tightness testing using Automatic automatic Tank Gauging gauging (ATG) shall meet the following requirements:
2.9.5.1.3 At a minimum of once every thirty (30) calendar days Days the ATG equipment shall perform a Release Detection test for each Tank and shall produce a record of each such test. Original test records or equivalent third party Release Detection test reports that duplicate the ATG console settings and test programming shall be made available upon request; and
2.9.6.2 A network of Observation Tubes shall be placed within the excavation of the Tank field without the use of conventional well drilling methods during the installation of an UST and without the need for the installer to obtain a water well contractor's license, pay a monitoring well permit fee, obtain a monitoring well permit, or submit a well completion report to the Department as required in the Delaware Regulations Governing the Construction and Use of Wells. The Observation Tube however, shall meet the remaining standards set forth in the Department's Regulations Governing the Construction and Use of Wells including the requirement for installation of the tube to a depth of at least five (5) feet below the water table. This exception from the standard monitoring well construction criteria pertains only to Observation Tubes placed within the UST excavation pit.
2.9.6.82.9.6.1 Observation Tubes shall not be used to comply with the Release Detection requirements of §2.9. of this Part B, subsection 2.9 after January 1, 2013.
2.9.7.2 All testing of UST Systems shall be conducted in accordance with the Precision Test methods and procedures specified in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy.
2.9.7.4 These tests shall be conducted by a person trained and certified in the correct use of the necessary equipment, and shall be performed in accordance with the testing procedures and requirements established by the test system manufacturer. The person Person performing the test shall certify that the test procedure utilized takes into account the variables specified in §2.9.7.3 of this Part B, subsection 2.9.7.3.
2.9.7.6 If the UST System fails NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, criteria Owners and Operators and the UST System test contractor shall report tank test failure to the Department within twenty-four (24) hours and shall submit a paper copy of the test results to the Department within seven (7) days Days of the test failure. The UST System Tank tightness test failure shall be investigated in accordance with Part E, Section 2.0. The test results shall include at a minimum the following information:
2.9.8 Monitoring Monitor Well Release Detection Requirements for Tanks Storing Regulated Substance
2.9.8.82.9.8.1 Monitor Wells shall not be used to comply with the Release Detection requirements of §2.9. of this Part B, subsection 2.9 after January 1, 2013.
2.9.9.112.9.9.1 Vadose Zone Vapor Detection Tubes shall not be used to comply with the Release Detection requirements of §2.9 of this Part B, subsection 2.9 after January 1, 2013.
2.9.10.7.72.9.10.1 U Tubes shall not be used to comply with the Release Detection requirements of §2.9 of this Part B, subsection 2.9 after January 1, 2013.
2.9.11 Alternative Release Detection Methods for Tanks Statistical Inventory Reconciliation (SIR) Release Detection Requirements for Tanks Storing Regulated Substance
2.10.1 Support and anchorage shall be provided for all installations to avoid Tank flotation. Any of the following anchoring methods can be used to meet this requirement and shall be completed in accordance with the PEI, RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems:
2.10.2 All exposed metallic components of hold down systems shall be Electrically Isolated and cathodically protected Cathodically Protected when the hold down system is required by the Department; adequate bed of backfill shall be provided between the Tank and concrete.
2.11.1 Backfill material shall consist of sand, crushed rock or pea gravel. The material shall be clean, washed, inert, free flowing, homogeneous, well granulated, non corrosive, and free of debris, rock, ice, snow or organic material. Particle length of crushed rock or pea gravel shall be no more than 1/8" to 3/4" one-eighth (1/8) to three-fourths (3/4) inch in size. Backfill material shall comply with the manufacturer's specifications. Mixing of backfill with native soil or foreign objects is prohibited.
2.12 Requirements for Installation of New UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance In An Existing UST Field Facility
2.12.1 If an UST System shall be installed in or near a previous UST Facility, Owners and Operators shall provide a means of Release Detection that will, at a minimum, detect any future Release from the UST System. An Observation Tube, an U Tube, a Monitor Well, or a vadose zone vapor detection tube may not be permitted as a Release Detection option if the soil is already contaminated. A new UST System installed in or near an existing or previous UST System shall meet the requirements of Part B, Section 1.0.
2.13.3.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases, or other test approved by the Department which is of equivalent or superior accuracy.
2.13.3.3 These tests shall be conducted by a person Person trained and certified in the correct use of the necessary equipment, and shall be performed in accordance with the testing procedures and requirements established by the test system manufacturer and with current industry standards and practices.
2.14.2 Double elbow swing joints or flexible connectors shall be installed at all locations where a pipeline changes direction from horizontal to vertical, or from vertical to horizontal. When rigid Piping is used, flexible connector(s) shall be installed at the Tank end of each Regulated Substance Pipe, vent Pipe and vapor recovery Pipe as well as at the base of each Dispenser and vent riser on all new installations. Double elbow swing joints are prohibited. All double elbow swing joints shall be replaced with flexible connectors by January 1, 2011.
2.14.4 The pipe Pipe joints shall be cut accurately and deburred to provide liquid tight Liquid Tight seals.
2.14.5 All underground metal pipe Pipe, fittings, flexible connectors, joints, and pipes Pipes shall be coated or wrapped and shall have Cathodic Protection or otherwise be isolated from contact with the soil.
2.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
2.15.1.2 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
2.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
2.15.1.4 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.
2.15.1.5 NACE RP 0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems.
2.15.1.6 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
2.15.1.7 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
2.15.1.8 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.15.2 All integral Underground Piping systems shall be designed, constructed, and installed in a manner which will permit periodic tightness testing of the entire Piping system without the need for extensive excavation and disassembly.
2.16.1 All metal Piping shall be coated or wrapped, and cathodically protected Cathodically Protected in the following manner:
2.16.1.3 Cathodically protected Protected Piping systems of the Sacrificial Anode type shall be designed and installed to permit measurement of structure to soil potential six (6) months after installation and at least once every twelve (12) months thereafter. If inadequate Cathodic Protection is indicated, the cause shall be determined, and necessary Repairs made in accordance with accepted engineering practices and one of the Standards contained in this Section within sixty (60) days Days of the test; and
2.16.1.5 Where a Sacrificial Anode or impressed current system is used, a monitor station to check on the adequacy of the cathodic protection Cathodic Protection system shall be installed and kept in proper working condition. If at any time the monitor station shows that the electrical current necessary to prevent corrosion is not being maintained the cause shall be determined and necessary Repairs made in accordance with accepted engineering practices and one of the Standards contained in this Section within sixty (60) days Days of the failure, and the Piping shall be tested for tightness in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases; and
2.16.1.6 Except where Cathodic Protection is provided by impressed current, underground Piping systems shall have dielectric bushings, washers, sleeves or gaskets installed to electrically isolate the Piping system from the Tank and the dispenser Dispenser. These dielectric connectors shall be chemically compatible Compatible with Regulated Substances, additives, corrosive soils and groundwater; and
2.17.1.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
2.17.1.2 UL Standard 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe Connection Fittings for Petroleum Products and LP-Gas.
2.17.1.3 NFPA 30, Flammable and Combustible Liquids Code.
2.17.1.4 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
2.17.1.5 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
2.17.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.17.2 The construction materials, joints and joint adhesives of all fiberglass reinforced plastic and flexible plastic pipes Pipes shall be Compatible with the Regulated Substance and additives stored, soil and groundwater.
2.19.2 UST Piping interstitial or sump monitoring systems shall be designed, constructed installed and maintained to detect a Release from any portion of the Piping that routinely contains Regulated Substance. Statistical Inventory Reconciliation (SIR) methods shall be in accordance with Part B, subsection 2.9.11.
2.19.3.2 The method or a combination of methods or devices can detect a Release as effectively as any of the Release Detection methods allowed in §2.20.of this Part B, subsection 2.20. If the method or a combination of methods or devices is approved, Owners and Operators shall comply with any conditions imposed by the Department on its use to ensure the protection of human health, safety or the environment.
2.19.4 Owners and Operators shall implement the Indicated indicated Release investigation procedure in Part E of these Regulations if the Piping Release Detection equipment or method shows indication of a Release.
2.20.1 Line Leak Detector and Line Tightness Testing Requirements
2.20.1.2 The automatic Line leak detector shall alert Owners and Operators to the presence of a Release by restricting or shutting off the flow of the Regulated Substance through the Piping or triggering an audible or visual alarm of a Regulated Substance in accordance with subsection 2.20.1.2.1 or 2.20.1.2.2.
2.20.1.4 Owners and Operators shall conduct an annual test of the operation of the automatic Line leak detector while installed in the UST System and under normal operating conditions. All Mechanical and Electronic automatic line Line leak detectors shall pass a function test at least once every twelve (12) months at three (3) gallons per hour (gph) at ten (10) pounds per square inch line Line pressure within one (1) hour.
2.20.2 Tightness Test Piping Interstitial Monitoring Requirements
2.20.2.32.20.2.1 Owners and Operators of UST Systems with underground pressurized Piping systems constructed of double wall design may utilize continuous interstitial monitoring systems to comply with the annual Piping tightness test requirements in §2.20.2.1 of this Part B, subsections 2.20.1.6 and 2.20.1.7 if the following requirements are met:
2.20.2.3.12.20.2.1.1 All interstitial monitoring devices shall be designed, constructed, installed and maintained to continuously detect a Release from any portion of the Piping that routinely contains Regulated Substance; and
2.20.2.3.22.20.2.1.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall provide proof via the interstitial monitoring equipment record that the interstitial monitoring device is functioning in accordance with the manufacturer's specifications; and
2.20.2.3.32.20.2.1.3 Owners and Operators shall maintain records of the interstitial Release Detection records for the life of the UST System three (3) years; and
2.20.2.3.42.20.2.1.4 All sump and interstitial sensors shall comply with the testing and monitoring requirements of §2.28 of this Part B, subsection 2.28; and
2.20.2.3.52.20.2.1.5 All Containment Sumps shall comply with the testing and monitoring requirements of §2.26 of this Part B, subsection 2.26.
2.21.2 Owners and Operators of suction Piping that is designed and constructed in accordance with § subsection 2.18.1.2 shall conduct a Line tightness test a minimum of once every three (3) years in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases; or
2.21.3 Owners and Operators of UST Systems with underground suction Piping systems constructed of double wall design may utilize continuous interstitial monitoring systems to comply with Piping Release Detection requirements of § subsection 2.19 and the line Line tightness testing requirements of § Part B, subsection 2.21.2 of this Part if the following requirements are met:
2.21.3.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall provide proof via the interstitial monitoring equipment record that the interstitial monitoring device is functioning in accordance with the manufacturer's specifications; and
2.22.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
2.22.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
2.22.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
2.22.3 Owners and Operators shall equip UST Systems with an impervious spill containment device that forms a liquid tight Liquid Tight seal around the fill pipe Pipe. The spill containment device shall consist of one of the following:
2.22.3.1 Impervious Materials which form a seal around the UST fill pipe Pipe with an optional drain leading to an overfill collection device; or
2.22.3.2 An impervious container surrounding the fill pipe Pipe which will collect any overfill or spill and will allow the Regulated Substance to drain back into the UST when there is sufficient ullage space.
2.22.4 Owners and Operators shall immediately upon discovery remove water, Regulated Substance or debris that accumulates in the spill containment device. Liquid and debris shall be properly disposed in accordance with all local, state, and federal requirements. Owners and Operators shall maintain spill containment devices to be capable of containing a spill of the containment design capacity at all times.
2.22.6 Owners and Operators shall test spill containment devices once every twelve (12) months for tightness, or in accordance with the manufacturer's specifications, or when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists. Spill containment devices of single wall design, including devices with replaceable inner buckets, shall be tested once every twelve (12) months for tightness in accordance with Part B, subsection 2.22.8.
2.22.7 Spill containment devices of double wall design with continuous monitoring of the interstitial space and the interstitial sensors are tested in accordance with §1.27 of this Part are exempt from the testing requirements of §2.22.6 of this Part shall be tested once every twelve (12) months for tightness in accordance with Part B, subsection 2.22.8 and the interstitial sensors shall be tested in accordance with Part B, subsection 2.28.
2.22.82.22.10 Owners and Operators shall report, investigate and clean up any spills in accordance with Part E of these Regulations.
2.23.1 No Person shall construct, install, use, or maintain any UST Facility without providing a reliable means of detecting and preventing an overfill ensuring that Releases due to overfilling do not occur.
2.23.2 The Person In Charge of the transfer of Regulated Substance to the Tank shall adhere to proper safety precautions and procedures for transfer as found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids or API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
2.23.2.3 All deliveries and measurements shall be made through a drop tube that extends to no more than 6.0 inches from the Tank bottom and in accordance with manufacturer’s specifications; and
2.23.2.32.23.2.4 At the conclusion of the transfer, the Person in Charge shall collect any Regulated Substance which remains in the transfer hose and shall ensure it is properly managed and does not reach the environment; and
2.23.2.42.23.2.5 The Person in Charge shall take all precautions to prevent spilling and dripping.
2.23.3.1 Automatically achieve partial shut off the of flow into the UST when the UST is no more than ninety-five percent (95%) full and complete shut off of flow at ninety-eight percent (98%) full; or
2.23.3.2 Alert the transfer operator when the UST is no more than ninety percent (90%) full by restricting the flow into the UST or triggering a high level alarm; or audible and visual alarm.
2.23.4 UST Systems that receive pressurized deliveries require a high level audible and visual alarm that is triggered at no more than ninety percent (90%) percent full for overfill prevention or an automatic flow shut-off valve designed for pressurized deliveries.
2.25.1.1.1 NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection; and
2.25.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems; and
2.25.1.1.32.25.1.1.4 NFPA 30, Flammable and Combustible Liquids Code; and
2.25.1.1.42.25.1.1.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
2.25.1.3.3 The Tank has been installed for less than ten (10) years and is assessed for corrosion holes by conducting two (2) Precision Tests that meet the requirements of §2.9.7 of this Part B, subsection 2.9.7. The first Precision Test shall be conducted prior to installing the Cathodic Protection system. The second Precision Test shall be conducted between three (3) and six (6) months following the first operation of the Cathodic Protection system; or
2.25.2.1.1 Testing procedures shall be done in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems, and the manufacturer's specifications, and shall include the following:
2.25.2.1.1.1 A minimum of three (3) voltage readings equally spaced along the center line, including both ends and center, for UST Systems less than twenty thousand (20,000) gallons and a minimum of five (5) voltage readings equally spaced along the center line, including both ends, center and two intermediate locations, for UST Systems greater than or equal to twenty thousand (20,000) gallons; and
2.25.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part B, subsection 1.6 if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to the failure of any required reading to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days Days of the discovery of the failure of the corrosion protection system.
2.25.2.6 The Department shall approve, either verbally or in writing, all Cathodic Protection repair or replacement Retrofit plans prior to work commencing.
2.25.2.8 The following information shall be submitted to the Department prior to Repair or replacement Retrofit of the Sacrificial Anode Cathodic Protection system:
2.25.2.9 If the tank Tank has an internal lining, no internal assessment results will be accepted for the purpose of determining the current integrity of the UST System.
2.25.2.10 The use of alternate methods of monitoring shall be those described in NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
2.25.2.12 Impressed current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or replacement Retrofit for a failed Sacrificial Anode Cathodic Protection system after January 11, 2008.
2.25.3.1.1 Testing procedures shall be done in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems, and the manufacturer's specifications and shall include the following:
2.25.3.4 Owners and Operators shall Repair or replace the impressed current Cathodic Protection system in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection if the impressed current Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to the failure of any required reading to register a negative voltage of at least 0.85 volts for each UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days Days of the discovery of the failure of the impressed current corrosion protection system.
2.25.3.6 The Department shall approve, either verbally or in writing, all impressed current Cathodic Protection system Repair or replacement Retrofit plans prior to work commencing.
2.25.3.8 The following information shall be submitted to the Department prior to Repair or replacement Retrofit of the impressed current Cathodic Protection system:
2.25.3.9 If the tank Tank has an internal lining, no internal assessment results will be accepted for the purpose of determining the current integrity of the UST System.
2.25.3.11 The use of alternate methods of testing shall be those described in NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and shall only be used with prior written approval from the Department.
2.25.3.12 Owners and Operators shall record all rectifier readings at least once every thirty (30) calendar days Days. If the monthly rectifier reading demonstrates the impressed current Cathodic Protection is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations the procedures in § Part B, subsection 2.25.3.4 shall be followed.
2.25.3.14.2 The rectifier readings as required in §2.25.3.10 of this Part B. subsection 2.25.3.12.
2.26 Containment Sump Testing Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
2.26.1 When a sump sensor is used to comply with the Tank or Piping Release Detection requirements of §2.9, §2.18, §2.19, §2.20 or §2.21 of this Part, the Containment Sump shall be Product Tight and shall be tested to ensure it is Product Tight once every thirty-six (36) months. When a sump with sensor is used to comply with the Piping Release Detection requirements of Part B, subsections 2.19, 2.20 or 2.21, the Dispenser, Tank top, transition and any other Containment Sump of a single wall design shall be Liquid Tight and shall be tested for Liquid Tightness once every thirty-six (36) months in accordance with Part B, subsection 2.26.3 and when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists.
2.26.32.26.4 Owners and Operators shall immediately upon discovery remove water, Regulated Substance or debris that accumulates in any Containment Sump. Liquid and debris shall be properly disposed in accordance with all local, state and federal requirements.
2.27 Dispenser Sump Requirements for Dispenser Sumps Installed After January 11, 2008 On Existing UST Systems Storing Regulated Substance Containment Sump Requirements for Non-Liquid Tight Access Structures for UST Systems Storing Regulated Substance Installed or Existing Prior to January 11, 2008, Excluding Consumptive Use Heating Fuel or Hazardous Substance
2.27.1 Dispenser sumps shall be designed and installed such that Regulated Substance accumulating within the sump is contained and can be detected or is conveyed to the Tank top sump via the Piping interstitial space where it is contained and can be detected. All Dispenser, Tank top, transition and any other non-Liquid Tight access structures shall be prohibited after December 31, 2025. Containment Sumps shall be installed in accordance with Part B, subsection 2.29 prior to and no later than December 31, 2025.
2.28 Testing and Monitoring Procedures for Sump Sensors and Interstitial Sensors for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
2.28.12.28.2 Owners and Operators shall perform a functionality test of all sump and interstitial sensors used to comply with the Release Detection requirements of §2.9 or §2.19 or §2.20 or §2.21 of this Part, or the requirements of §2.22.7 or §2.30.7.7 of this Part, once every twelve (12) months in accordance with the manufacturer's specifications or as directed by the Department to verify proper sensor operation.
2.28.22.28.3 All sensors installed in a sump for the purpose of detecting a Release from the UST System shall be installed no more than one inch (1") from directly on the bottom at the lowest point of the sump and in accordance with the manufacturer’s specifications such that the sensor is capable of detecting any accumulation of Regulated Substance.
2.29.1 All Repairs, Upgrades, Retrofits and replacements Upgrades to existing UST Systems shall meet the applicable design, installation, maintenance Maintenance and operational standards in Part B, §1 Section 1.0 of these Regulations or and shall be approved by the Department prior to installation.
2.29.2 Owners and Operators shall report any abnormal unusual operating conditions to the Tank Management Branch Department in accordance with the requirements of Part E, § subsection 1.2 of these Regulations.
2.29.4 Owners and Operators shall ensure that Repairs, Retrofits and Upgrades or Retrofits will prevent Releases due to structural failure or corrosion as long as the UST System is used to store Regulated Substance.
2.29.5 Owners and Operators shall test the Cathodic Protection system in accordance with §2.25 of this Part B, subsection 2.25 within six (6) weeks and once every twelve (12) months thereafter following the Repair of any Cathodically Protected UST System to ensure it is operating properly.
2.29.6 Owners and Operators shall maintain records for each Repair for the Operational Life of the UST System Repair, Retrofit or Upgrade for their time of ownership or operation of the UST System.
2.29.7 After any Repair, Retrofit or Upgrade to an UST System, Owners and Operators shall have the applicable portions of the UST System tested for tightness in accordance with these Regulations, or as directed by the Department before the UST System is placed into service.
2.29.12 Within sixty (60) days Days of completion of a Repair, Retrofit or Upgrade of an UST System Owners and Operators and UST Contractors shall submit documentation to the Tank Management Branch Department including but not limited to the following:
2.29.12.2 Results of sampling required in Part E of these Regulations or §2.29.10 of this Part B, subsection 2.29.10; and
2.30 Used Oil Underground Storage Tank UST Systems Requirements
2.30.2.1 Owners and Operators shall monitor Used Oil UST Systems for Releases through the use of one of the inventory control procedures in §2.30.3 of this Part procedure in Part B, subsection 2.30.5 and at least one of the following Release Detection methods:
2.30.2.1.1 Interstitial monitoring as prescribed in §2.9 of this Part B, subsection 2.9; or
2.30.2.1.2 Automatic tank Tank gauge performing Tank tightness testing at a minimum of once every thirty (30) calendar days as prescribed Days in §2.9 of this accordance with Part B, subsection 2.9.5; or
2.30.2.1.3 Manual tank gauging as prescribed in §2.30.4; or subsection 2.30.4 may be utilized for Used Oil UST Systems with a nominal capacity of 550 gallons or less or Used Oil UST Systems with a nominal capacity of 551 to 1000 gallons that meet the Tank diameter criteria in Table 2.
2.30.3.1 Owners and Operators of Used Oil UST Systems used solely for the storage of Used Oil may shall utilize inventory control procedures performed in accordance with the inventory control requirements of §2.9.3 of this Part to comply with inventory control requirements; or Part B, subsection 2.30.5.
2.30.3.22.30.3.1.1 Owners and Operators of Used Oil UST Systems with a storage nominal capacity less than or equal to two thousand (2,000) gallons and used solely for the storage of Used Oil, may utilize of 551 to 2000 gallons not meeting the Tank diameter criteria in Table 2 shall utilize manual tank gauging performed in accordance with the requirements of §2.30.4 of this Part B, subsection 2.30.4. to comply with inventory control requirements; or
2.30.4 Manual Tank Gauging Requirements Procedure for Used Oil UST Systems
2.30.4.32.30.4.1 Owners and Operators shall utilize manual tank gauging test procedures that meet the following requirements:
2.30.4.3.12.30.4.1.1 Once every seven (7) days Days the Used Oil UST shall be tested. No Used Oil shall be added to or removed from the Used Oil UST during the prescribed test period in Part B, Table 2; of this Part; and
2.30.4.3.22.30.4.1.2 At the beginning and at the end of the test period the liquid level in the Used Oil UST shall be measured twice consecutively to the nearest one-eighth (1/8) inch and the average of the two measurements shall be recorded; and
2.30.4.3.32.30.4.1.3 At the end of each seven (7) day Day test period the change in Tank volume shall be calculated from the beginning and ending liquid level measurements and compared to the weekly test standard in Part B, Table 2; of this Part; and
2.30.4.3.42.30.4.1.4 At a minimum of once every thirty (30) calendar days Days the four (4) most recent change in tank Tank volume numbers calculated in §1.29.4.3.3 of this Part B, subsection 2.30.4.1.3 shall be averaged and this test average shall be compared to the monthly test standard in Part B,Table 2; of this Part; and
2.30.4.3.52.30.4.1.5 If at any time the weekly or monthly change in Tank volume test average exceeds the test standard in Part B, Table 2; of this Part, Owners and Operators shall notify the Department of an indicated Release within twenty-four (24) hours of the end of the test period; and
2.30.4.3.62.30.4.1.6 Owners and Operators shall keep all manual tank Tank gauging records utilized to comply with inventory control requirements on file for a minimum of three (3) years and shall make the records available to the Department within ten (10) days fourteen (14) Days of the Department's request; and
2.30.4.3.72.30.4.1.7 Owners and Operators shall keep all manual tank gauging records utilized to comply with Release Detection requirements on file for the life of the UST System and shall make the records available to the Department within ten (10) days of the Department’s request.
Tank Size Capacity
(also requires 2nd Release Detection method monthly Release Detection in accordance with Part B, subsection 2.30.2
2.30.5 Modified Inventory Control Requirements Procedure for Used Oil UST Systems
2.30.5.1 Owners and Operators shall utilize modified an inventory control procedures procedure that meet meets the following requirements:
2.30.5.1.1 The Regulated Substance level shall be measured in inches to the nearest one-eighth (1/8") (1/8) of an inch and shall be recorded each day Day that an UST has Used Oil added to or withdrawn from the UST, or at least once every seven (7) days Days; and
2.30.5.1.2 The water level shall be measured in inches to the nearest one-eighth (1/8") (1/8) of an inch and shall be recorded at least once every seven (7) days Days. If the water level changes two (2) inches or more from the last measurement the Owner or Operator must shall contact the TMB Department within twenty-four (24) hours; and
2.30.5.1.5 Failure to maintain modified inventory control records for Used Oil UST Systems may be cause for the Department to require Tank tightness test(s) and inspection(s) of the UST Facility at the expense of Owners and Operators.
2.30.6 Overfill Prevention Requirements for Used Oil UST Systems
2.30.6.1 Owners and Operators of Used Oil UST Systems shall comply with the overfill requirements in §2.23 of this Part B, subsection 2.23 or shall have follow a written standard operating procedure that includes the following minimum requirements:
2.30.6.1.2 The level of Used Oil shall be measured each day Day an UST has Used Oil added to or withdrawn from the UST to determine the current amount of ullage space available; and
2.30.7 Spill Containment Prevention Requirements for Used Oil UST Systems
2.30.7.4 Owners and Operators shall immediately upon discovery remove water, Used Oil or debris that accumulates in the spill containment device. Liquid and debris shall be properly disposed in accordance with all local, state and federal requirements. Owners and Operators shall maintain spill containment devices to be capable of containing a spill of the containment design capacity at all times.
2.30.7.6 Owners and Operators shall test spill containment devices once every twelve (12) months for tightness, in accordance with the manufacturer's specifications, or as directed by the Department to determine if a threat to human health, safety or the environment exists.
2.30.782.30.7.8 Owners and Operators shall report, investigate and clean up any spills and overfills in accordance with Part E of these Regulations.
2.31 Emergency Generator Underground Storage Tank UST Systems Requirements
2.31.3 Owners and Operators of UST Systems used solely for the storage of Regulated Substance to power emergency generation equipment may shall utilize tank monthly Tank tightness testing as a method of for single walled UST Systems or interstitial monitoring for double walled UST Systems to satisfy Release Detection requirements. Monthly Tank tightness testing shall be used for the life of the UST System provided the tank tightness testing it is performed in accordance with the tank Tank tightness test requirements in §2.9.7.2 -2.9.7.6.4 of this Part, or may utilize any method in §2.9 of this Part B, subsection 2.9.2.1.2 or interstitial monitoring requirements of Part B, subsection 2.9.2.1.1.
2.31.52.31.4 Owners and Operators of UST Systems used solely for the storage of Regulated Substance to power emergency generation equipment are exempt from the Piping Release requirements of §§2.19, 2.20, and 2.21 of this Part equipment shall comply with the Piping Release Detection tightness test requirements of Part B.
2.32.1 Owners and Operators shall conduct an inspection at an interval no less frequently than once every twenty-eight (28) to thirty-one (31) calendar days thirty (30) Days, unless specified in Part B, subsection 2.32.1.6, to monitor the condition of the UST System including but not limited to all dispensers, dispenser Dispensers, Dispenser sumps, access ports, spill containment devices, transition sumps and Containment Sumps. The routine inspection shall at a minimum include the following:
2.32.1.2 The removal of all Containment Sump and transition sump covers and visual inspection of the sump for any evidence of a Release of a Regulated Substance or intrusion of water; and
2.32.1.3 The inspection of all access ports and drop tubes to make sure verify that the covers, caps and adaptors are tightly sealed and equipment is free of debris or blockage; and
2.32.1.4 The removal of all spill containment device covers and inspection to ensure all spill containment devices, including spill containment devices located within multi-port Containment Sumps, are empty and free of debris, debris or blockage, liquid or water or Regulated Substance; and
2.33.12.33.2 An internal lining may be added to an UST Systems System to improve the ability of an ensure the UST System is Compatible with the substance stored and to prevent the release of Regulated Substance.
2.33.3 The internal lining installation, operation and maintenance Maintenance shall meet the following requirements:
2.33.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks; and
2.33.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks; and
2.33.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
2.33.3.2 The lined Tank shall be tested for tightness in accordance with §2.9.7 of this Part B, subsection 2.9.7 and found to be tight before the Tank is put back into service; and
2.33.3.3 Within ten (10) years after lining, and every five (5) years thereafter, Owners and Operators shall conduct an internal inspection of the lined Tank in accordance with NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks and Chapter B, Future Internal Inspection Requirements for Lined Tanks, and API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks. At the time of the inspection, the lined Tank shall be structurally sound and comply with the original design specifications. If any damage is found, Repairs shall be made in accordance with standard engineering practice, industry standards and the requirements of these Regulations or the Tank shall be replaced in accordance with the requirements in §1 of this Part B, Section 1.0.
2.33.3.4 When an internally lined bare steel Tank is not inspected at a minimum in accordance with the intervals required in §2.33.3.3 of this Part B, subsection 2.33.3.3 and subsequently fails an internal inspection the Tank shall be Removed or Closed In Place in accordance with these Regulations.
2.34.1.1 The permanent Removal or Closure In Place of the UST System in accordance with the requirements of Part B, §4 these Regulations Section 4.0 and the applicable hydrogeologic investigation and Remedial Action requirements of Part E of these Regulations; or
2.34.1.2.1 The Tank release detection requirements of §2.9 of this Part B, subsection 2.9; and
2.34.1.2.2 The Piping release detection requirements of §2.19, and §2.20 or §2.21 of this Part B, subsections 2.19 and 2.20 or 2.21; and
2.34.1.2.3 The spill prevention requirements of §2.22 of this Part B, subsection 2.22; and
2.34.1.2.4 The overfill prevention requirements of §2.23 of this Part B, subsection 2.23; and
2.34.1.2.5 The fill Line protection requirements of §2.24 of this Part B, subsection 2.24.
2.34.2.5 The permanent Removal or Closure In Place of the UST System in accordance with the requirements of Part B, §4 Section 4.0 of these Regulations and the applicable hydrogeologic investigation and Remedial Action requirements of Part E of these Regulations.
3.1.13.1 Owners and Operators shall notify the Department of all Changes In Service in accordance with the requirements of §4.0 of Part A, Section 4.0 of these Regulations.
3.2 General Requirements for Change in Status In Service from In Service to Out Of Service for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance.
3.2.1 Owners and Operators shall continue operation and maintenance Maintenance of corrosion protection in accordance with the applicable requirements of §1 and §2 of this Part B, Sections 1.0 and 2.0 when an UST System is Out of Of Service.
3.2.2 Owners and Operators shall continue operation and maintenance Maintenance of Release Detection in accordance with the applicable Release Detection requirements for Tanks and Piping in §1 and §2 of this Part B, Sections 1.0 and 2.0, when the an UST System is Out of Of Service UST System is not empty. Release Detection is not required if the UST System has been rendered empty.
3.2.3 The UST System is empty when all Regulated Substances have been removed using commonly employed practices so that no more than one inch or 2.5 centimeters of residue, or 0.3 percent by weight of the total capacity of the UST System, remains in the system. Owners and Operators shall continue to perform routine UST System testing in accordance with Part B, Section 1.0.
3.2.4 Owners and Operators shall comply with the routine inspection requirements of §1.31 or §2.32 of this Part as applicable, if the Out of Service UST System is not empty and requires Release Detection in accordance with §3.2.2. of this Part B, subsections 1.31 or 2.32 when an UST System is Out Of Service..
3.2.5.1 Leave vent Pipes open and functioning; and
3.2.5.2 Cap and secure all other Pipes, pumps, manways, and Ancillary Equipment.
3.2.6.1 Permanently Remove or Close in Place the UST System in accordance with the applicable requirements of these Regulations; or
3.2.6.2 Render the UST System empty in accordance with the definition in §3.2.3 of this Part and complete a Site Assessment in accordance with §3.4 of this Part including any required hydrogeologic investigation and Remedial Action in accordance with Part E of these Regulations.
3.3 General Requirements for Change in Status In Service from Out of Of Service to In Service for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
3.3.1 Prior to a change in status Change In Service of an UST System from Out of Of Service to In Service, for an UST System that has been Out of Service for three (3) months or more, Owners and Operators shall ensure that the UST System meets the following requirements prior to being placed In Service:
3.3.1.1 The UST System shall meet the requirements of §1 or 2 of this Part B, Sections 1.0 or 2.0 as applicable; and
3.4.1 Within thirty (30) days of rendering the UST System empty as required in §3.2.6.2 of this Part, Owners and Operators When an UST System is Out Of Service for twelve (12) months, Owners and Operators shall complete a Site Assessment designed to measure for the presence of a Release where contamination is most likely to be present. The Site Assessment is not restricted to the property containing the UST System. In selecting sample types, sample locations and measurement methods, Owners and Operators shall consider the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a Release. A Site Assessment plan shall be approved by the Department prior to implementation.
3.5.13.4.2 Owners and Operators shall submit the following documents to the Department within thirty (30) days of the completion of the Site Assessment required in §3.4 of this Part:
3.5.1.13.4.2.1 A site plan detailing the UST(s) location and surrounding area; and
3.5.1.23.4.2.2 The approved Site Assessment plan with sampling points clearly marked; and
3.5.1.33.4.2.3 Chain of custody for all samples submitted for laboratory analysis; and
3.5.1.43.4.2.4 Results of any on-site screening performed; and
3.5.1.53.4.2.5 Laboratory test results for all samples submitted for laboratory analysis; and
3.5.1.63.4.2.6 Documentation of proper disposal or recycling of solid or hazardous waste generated as a result of the Change In Service of the UST System, including manifests and receipts for soil, water, and Regulated Substances.
3.63.5 Financial Responsibility Requirements for Out of Of Service UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
3.6.13.5.1 Owners and Operators shall comply with the requirements of Part F of these Regulations for Out of Of Service UST Systems until the UST System is permanently Removed or Closed In Place in accordance with the requirements of this Part and all requirements of Part E of these Regulations are completed.
4.1.14.1 Owners and Operators shall notify the Department of all Removals or Closures in Place in accordance with the requirements of §4.0 of Part A, Section 4.0 of these Regulations.
4.2 Removal or Closure in In Place General Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
4.2.1 The Removal and Closure in In Place procedures shall comply with the following industry standards:
4.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
4.2.1.2 API RP Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
4.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
4.2.1.4 PEI RP 1700, Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems.
4.3 Removal or Closure in In Place Site Assessment Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
4.3.2 At the time of Closure in In Place of an UST System, Owners and Operators shall perform a Site Assessment to measure for the presence of a Release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations and measurement methods, Owners and Operators shall consider the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a Release. A Site Assessment plan shall be approved by the Department prior to implementation. The Site Assessment shall be completed within ten (10) days fourteen (14) Days of the Closure in In Place of the UST System.
4.3.3 If contaminated soils, contaminated groundwater, or LNAPL as a liquid or a vapor is discovered as a result of the Site Assessment performed in accordance with §4.3.1 and §4.3.2 of this Part B, subsectins 4.3.1 and 4.3.2, or by any other manner, Owner and Operators shall begin initiate a hydrogeologic investigation and Remedial Action in accordance with the requirements of Part E of these Regulations.
4.4 Removal or Closure in In Place Recordkeeping Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
4.5.1 Owners and Operators shall comply with the requirements of Part F of these Regulations until the UST System is permanently Removed or Closed In Place in accordance with the requirements of this Part B and all requirements of Part E of these Regulations are completed.
5.1.15.1 Owners and Operators shall notify the Department of all Changes in Substance Stored in accordance with the requirements of §4.0 of Part A, Section 4.0 of these Regulations.
5.2.1 Before the Change In Substance Stored, Owners and Operators shall empty Empty and clean the UST System by removing all liquids and accumulated sludge in accordance with the following industry standards:
5.2.1.1 API RP 1604, Closure of Underground Petroleum Storage Tanks.
5.2.1.2 API Standard 2015, Safe Entry and Cleaning of Petroleum Storage Tanks.
5.2.1.3 OSHA, 29 CFR, 1910.146, Permit Required Confined Spaces.
5.2.1.4 PEI RP 1700, Recommended Practices for the Closure of Underground Storage Tank and Shop-Fabricated Aboveground Storage Tank Systems.
5.3.1 Within thirty (30) days Days of the completion of the cleaning of the UST System required in §5.2 of this Part B, subsection 5.2, Owners and Operators shall perform a Site Assessment to measure for the presence of a Release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations and measurement methods, Owners and Operators shall consider the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a Release. A Site Assessment plan shall be approved by the Department prior to implementation.
5.3.2 If contaminated soils, contaminated groundwater, or LNAPL as a liquid or a vapor is discovered as a result of the Site Assessment performed in accordance with §5.3.1 of this Part B, subsection 5.3.1, or by any other manner, Owner and Operators shall begin initiate a hydrogeologic investigation and Remedial Action in accordance with the requirements of Part E of these Regulations.
5.5.1 Owners and Operators shall comply with the requirements of Part F of these Regulations until the UST System is permanently Removed or Closed In Place in accordance with these Regulations or does not store a Regulated Substance and all requirements of Part E of these Regulations are completed Part B, Section 4.0 or is rendered Empty in accordance with Part B, Section 6.0..
6.2 Within three (3) months of rendering any UST System Empty, Owners and Operators shall complete a Site Assessment in accordance with Part B, subsection 3.4 or perform a Removal or a Closure In Place of the UST System in accordance with Part B, Section 4.0.
1.0 Installation, Operation and Maintenance Requirements for Consumptive Use Heating Fuel Underground Storage Tank UST Systems Installed After January 11, 2008
1.1.1 Owners and Operators shall ensure that all Consumptive Use Heating Fuel Underground Storage Tank UST Systems with a capacity of greater than one thousand one hundred (1,100) gallons shall be designed, constructed, installed and operated in accordance with manufacturer's specifications, and accepted engineering practices and procedures; and in a manner which will prevent Releases of Consumptive Use Heating Fuel to the ground waters, surface waters or soils of the State due to corrosion, structural failure, manufacturing defects, spills, and overfills for the Operational Life of the UST System.
1.1.4 All Consumptive use Heating Fuel UST Systems installed after January 11, 2008, with a storage capacity of greater than one thousand one hundred (1,100) gallons shall be designed and installed in accordance with the secondary containment Secondary Containment requirements in accordance with §1.4 of this Part C, subsection 1.4, except where specifically exempted.
1.2.2 Private and public drinking water wells, rivers, streams, lakes, canals, wetlands, floodplains, State designated Natural Areas, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility.
1.2.3 UST System Owners and Operators shall notify the Department at least thirty (30) days Days prior to installation of all Consumptive Use Heating Fuel UST Systems with a storage capacity greater than one thousand one hundred (1,100) gallons. Notice shall include a site plan, the scale of which shall be one (1) inch to equals ten (10) feet or less (1 inch 10 feet), less and which shall at a minimum include the following:
1.2.3.2 Size and location of Tanks including Tank dimensions, depth of cover, empty Empty Tank weight, Tank manufacturer and Tank type; and
1.2.3.6 Type of Regulated Substance Consumptive Use Heating Fuel to be stored; and
1.2.3.10 Location of and access to check valves, antisiphon valves, automatic lLine Line leak detectors, and flexible connectors; and
1.2.3.15 Map with the distance clearly labeled in feet from the UST System to all Domestic and Industrial wells Wells and surface water bodies within one hundred and fifty (150) feet of the UST System.
1.2.4 After the Effective Date of these Regulations January 11, 2008, new Consumptive Use Heating Fuel UST Systems with a storage capacity greater than one thousand one hundred (1,100) gallons shall not be installed within a minimum distance of a one hundred and fifty (150) foot radius from Public or Industrial wells Wells, unless otherwise approved by the Department. A Replacement, Retrofit or Upgrade of an UST System shall not be considered a new installation for the purposes of this Section Part C, subsection 1.2.4.
1.2.5 After the Effective Date of these Regulations January 11, 2008, new Consumptive Use Heating Fuel UST Systems with a storage capacity greater than one thousand one hundred (1,100) gallons shall not be installed within a minimum distance of a one hundred (100) foot radius from a Domestic well Well, unless otherwise approved by the Department. A Replacement, Retrofit or Upgrade of an UST System shall not be considered a new installation for the purposes of this Section Part C, subsection 1.2.5.
1.3.1.1 Secondarily Contained Cathodically Protected Steel steel (STi-P3); or
1.3.1.2 Fiberglass Reinforced Plastic Secondarily Contained fiberglass reinforced plastic; or
1.3.1.3 Steel with Non-Metallic or Coated Outer Shell; or Secondarily Contained steel with non-metallic or coated outer shell.
1.3.2.1 PEI RP 100, Recommended Practices for Installation of Liquid Underground Storage Systems.
1.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
1.3.2.3 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.4.1 The Department reserves the right to shall require Secondary containment or equivalent protection Containment on any portion of the UST System where aquifers underlying the UST Facility are determined to need such protection, or where groundwater below the UST Facility is within a well head protection area, or where groundwater is susceptible to contamination in order to protect the safety, health, welfare or and environment of the State.
1.4.2 Secondary containment Containment systems shall be designed, constructed and installed to:
1.4.2.1 Contain the Consumptive Use Heating Fuels Released from the UST System until it is detected and removed; and
1.4.2.2 Prevent the Release of Consumptive Use Heating Fuel to the environment at any time during the Operational Life of the UST System; and
1.4.2.3 Be checked for evidence of a Consumptive Use Heating Fuel Release at least once every thirty (30) calendar days Days.
1.4.3.1 Double-walled Double walled Tank; and
1.4.3.2 Double-walled Regulated Substance and Double walled Consumptive Use Heating Fuel return Piping and, where required, vent Piping; and
1.4.4 All Secondary containment Containment systems shall be constructed in accordance with acceptable engineering practice and practices, industry standards and shall have a Release Detection system in accordance with §1.9 of this Part C, subsection 1.9.
1.5.1 Acceptable Consumptive Use Heating Fuel UST System designs in §1.3 of this Part C, subsection 1.3 shall be fabricated in double walled construction in accordance with accepted engineering practice and industry standards.
1.5.2 A double walled Tank which is designed and manufactured in accordance with the following requirements satisfies the requirements for Secondary containment Containment in §1.4 of this Part C, subsection 1.4: and the requirements for Release Detection set forth in §1.9 of this Part:
1.5.2.2 Outer jackets made of steel shall be coated as prescribed in §1.6.2 of this Part C, subsection 1.6.2; and
1.5.2.3 There are no penetrations of any kind through the jacket to the tank Tank except top entry manholes and fittings; and
1.6 Cathodically Protected Steel UST Design Requirements for Consumptive use Use Heating Fuel for UST Systems. Systems
1.6.1 Cathodically protected Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the applicable industry standards, including but not limited to the following:
1.6.1.1 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.6.1.2 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.6.1.3 STI P3, Specification for sti P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
1.6.1.4 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.6.1.5 STI R-972, Recommended Practice for the Addition of Supplemental Anodes to sti-P3® USTs.
1.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
1.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol-Gasoline Mixtures.
1.7.2 Fiberglass reinforced plastic UST Systems shall be of sufficient structural strength to withstand normal handling and underground use and shall be compatible Compatible with the Regulated Substance Consumptive use Heating Fuel and additives stored, corrosive soils and groundwater. UST System construction materials shall be of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions.
1.8.1 Steel with Non-Metallic or Coated Outer Shell non-metallic or coated outer shell UST Systems shall be designed, constructed, installed and tested in accordance with the following industry standards, as applicable:
1.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
1.8.1.2 UL 58; Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
1.8.1.3 STI F-922, Specification for Permatank®.
1.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
1.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
1.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
1.8.3 The coating shall be factory inspected for air pockets, cracks, blisters pinholes and electrically tested by a ten thousand (10,000) volts holiday test performed over 100 one hundred percent (100%) of the surface for coating short circuits or coating faults or in accordance with the manufacturer's specifications.
1.9 Release Detection Requirements for UST Systems Storing Consumptive Use Heating Fuel Underground Storage Tanks
1.9.1.1.1 Can detect a Release from any portion of the Tank and the connected underground Piping that routinely contain Heating Fuel; and Utilizes a method or methods capable of detecting a Release from any portion of the Tank and the connected underground Piping that routinely contain Consumptive Use Heating Fuel at a minimum of once every thirty (30) Days
1.9.1.1.3 Meets the performance standards for Release Detection in this Section, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. The method shall be capable of detecting the leak rate or quantity specified for Precision Testing, automatic tank Tank gauging, Line leak detectors, and line Line tightness testing methods specified in these Regulations with a probability of detection of at least 0.95 and a probability of false alarm no greater than 0.05; and
1.9.1.1.4 Is operational prior to Regulated Substance Consumptive Use Heating Fuel being placed in the UST System.
1.9.1.3 Failure by Owners and Operators to maintain records of required Release Detection monitoring and inspection may be cause for the Department to require tank Tank tightness test(s) and inspection(s) of the UST Facility and a an indicated Release investigation in accordance with Part E of these Regulations at the expense of Owners and Operators.
1.9.2 Methods of Release Detection for Heating Fuel Underground Storage Tanks Storing Consumptive Use Heating Fuel
1.9.2.1 Owners and Operators shall monitor Consumptive Use Heating Fuel UST Systems greater than one thousand one hundred (1,100) gallons for Releases through the use of at least one of the following Release Detection methods:
1.9.2.1.2 Automatic ank Tank gauge performing tank Tank tightness testing at least every thirty (30) days; or in accordance with Part C, subsection 1.9.4 for Tanks installed prior to January 11, 2008 that are unable by design to accommodate the continuous interstitial monitoring Release Detection method required in Part C, subsection 1,9.2.1.1.
1.9.3.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall inspect all interstitial monitoring devices utilized for Release Detection for evidence of a Release from the UST System and shall record the results.
1.9.3.3 The interstitial monitoring equipment shall be capable or of producing a record of Release Detection monitoring results. Original test records or equivalent third party test reports that duplicate the ATG console settings and test programming shall be made available upon request.
1.9.3.4 Owners and Operators shall maintain records of the interstitial Release monitoring inspections results for the life of the UST System three (3) years.
1.9.3.6 Owners and Operators shall maintain records of the annual inspections of the interstitial monitoring equipment for three (3) years and any Repairs performed as a result of the inspection, for the life for their time of ownership or operation of the UST System.
1.9.4 Automatic Tank Gauge Gauging Release Detection Requirements for Heating Fuel Tanks Storing Consumptive Use Heating Fuel
1.9.4.1 Tank tightness testing using Automatic automatic tank gauge gauging (ATG) equipment shall meet the following requirements:
1.9.4.1.1 The ATG equipment can detect a 0.1 gallons gallon per hour leak rate from any portion of the Tank that routinely contains Regulated Substance Consumptive Use Heating Fuel; and
1.9.4.1.3 At a minimum of once every thirty (30) calendar days Days the ATG equipment shall perform a Release Detection test for each Tank and shall produce a record of such test. Original test records or equivalent third party Release Detection test reports that duplicate the ATG console settings and test programming shall be made available upon request.
1.9.4.31.9.4.2 Owners and Operators shall have all ATGs inspected by a certified technician once every twelve (12) months as part of a preventive Maintenance program to minimize in-service failures. Any equipment malfunctions identified as a result of the inspection shall be rectified immediately. The inspection shall at a minimum include:
1.9.4.3.11.9.4.2.1 inspection of the ATG console for proper printer operation if so equipped; and
1.9.4.3.21.9.4.2.2 verification of the system setup values and battery backup; and
1.9.4.3.31.9.4.2.3 verification of the test programming; and
1.9.4.3.41.9.4.2.4 verification of the operability of all warning and alarm indicator lights and audible alarms; and
1.9.4.3.51.9.4.2.5 inspection and testing of the probes and sensors in accordance with the manufacturer's specifications or as directed by the Department to verify proper probe and sensor operation; and
1.9.4.3.61.9.4.2.6 inspection of all cables that are visible during normal operating conditions for any cracking or swelling; an and
1.9.4.3.71.9.4.2.7 Correction of any problems found as a result of the required inspection.
1.9.4.41.9.4.2.8 Owners and Operators shall maintain records of the annual inspections of the interstitial monitoring equipment and any Repairs performed as a result of the inspection, for the life of the UST System for three (3) years.
1.10.2.2 Bottom hold-down pad which consists of eight inches of reinforced concrete that extends eighteen (18) inches beyond Tank sides and twelve (12) inches beyond each end; or
1.10.4 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.11.1 Backfill material shall consist of sand, crushed rock or pea gravel. The material shall be clean, washed, inert, free flowing, homogeneous, well granulated, non corrosive, and free of debris, rock, ice, snow or organic material. Particle length of crushed rock or pea gravel shall be no less than 1/8" one-eighth (1/8) inch and no more than 3/4" three-fourths (3/4) inch in size. Backfill material shall comply with the Tank manufacturer's specifications. Mixing of backfill with native soil and/or or foreign objects is prohibited.
1.11.2 The backfill depth shall be consistent with the requirements in PEI RP100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.12 Requirements for Installation of an UST System In An Existing UST Field Requirements Consumptive Use Heating Fuel UST Systems in an Existing UST Facility
1.12.1 If an UST system shall be installed in or near a previous UST System Facility, Owners and Operators shall provide a means of Release Detection that will, at a minimum, detect any future Release from any portion of the UST System. If a new UST System shall be installed in or near an existing or previous UST System, Owners and Operators shall conduct a Site Assessment in accordance with Part C, subsections 1.27.10 and 1.27.11 and provide a means of Release Detection that shall detect any future Release from any portion of the UST System in accordance with Part C, subsections 1.9 and 1.18.
1.13.2 UST(s) All Tanks shall be air pressure tested according to the manufacturer's specifications prior to installation of the UST(s) Tank(s) into the excavation. The installer shall soap the exterior, particularly its seams and fittings, and pressure test the UST(s) Tank(s) using the manufacturer's specifications to locate and correct defects. Tank and interstitial space testing shall be conducted according to the manufacturer's recommendations and accepted engineering practices.
1.13.4.1 All testing of UST Systems shall be accomplished by the Precision Test method described in NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases or other test approved by the Department which is of equivalent or superior accuracy; and
1.13.4.2 All testing of UST Systems shall be able to account for the effects of thermal expansion or contraction of the Consumptive Use Heating Fuels, vapor pockets, Tank deformation, evaporation or condensation, temperature stratification in the UST and the location of the water table; and
1.13.4.3 The required Precision Tests shall be conducted by a person Person trained and certified in the correct use of the necessary equipment, and shall be performed in accordance with the testing procedures and requirements established by the test system manufacturer and current industry standards and practices.
1.13.7 During the installation of all new UST Systems, every stage of the construction shall be documented with photographs to demonstrate that the UST System was installed in compliance with the requirements for new UST Systems. Upon completion of the installation, copies of the photographs, as built plan, and required certification(s) as required in Part A §§ A, subsections 4.6.11 and 4.6.12 shall be submitted to the Department within thirty (30) days Days of the completion of the UST System installation. The Facility Owner and Operator shall keep copies of all documents and photographs on file for the life of the UST Facility System.
1.14.3 All Consumptive Use Heating Fuel and vent Piping shall slope back to the Tank with a minimum slope of 1/8" one-eighth (1/8) inch per foot.
1.14.4 The pipe Pipe joints shall be cut and deburred according to manufacturer's specifications to provide liquid tight Liquid Tight seals.
1.14.5 When rigid Piping is used, flexible connector(s) shall be installed at the Tank end of each Consumptive Use Heating Fuel Pipe and vent Pipe as well as at the base of each dispenser and the vent riser on all new installations. Double elbow swing joints are prohibited.
1.15.1.1 NFPA 30, Flammable and Combustible Liquids Code.
1.15.1.2 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.15.1.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.15.1.4 UL Standard 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.15.1.5 UL Standard 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
1.15.1.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.15.2 All integral Underground Piping systems shall be designed, constructed, and installed in a manner which will permit periodic tightness testing of the entire Piping system without the need for excavation and disassembly.
1.16.2.1 UL 971, Standard for Nonmetallic Underground Piping for Flammable Liquids.
1.16.2.2 UL 567, Standard for Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas.
1.16.2.3 NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.16.2.4 NFPA 30, Flammable and Combustible Liquids Code.
1.16.2.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.16.2.6 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
1.18.1 Owners and Operators shall equip all underground Piping that routinely contains Consumptive Use Heating Fuel with a method, or combination of methods of Release Detection that can detect a Release from any portion underground Piping that routinely contains Regulated Substance Consumptive Use Heating Fuel.
1.18.2 UST Piping interstitial and sump monitoring systems shall be designed, constructed, installed, and maintained to detect a leak from any portion of the Piping that routinely contains Heating Fuel. Statistical Inventory Reconciliation (SIR) methods are not approved for Piping Release Detection.
1.18.41.18.3 Owners and Operators shall implement the indicated Release investigation procedure in Part E of these Regulations if the Piping Release Detection equipment or method shows indication of a Release.
1.18.4 Failure by Owners and Operators to maintain records of required Release Detection monitoring and inspection may be cause for the Department to require UST System tightness test(s), inspection(s) of the UST Facility or an indicated Release investigation in accordance with Part E of these Regulations at the expense of Owners and Operators.
1.19.2.11.19.1 Owners and Operators shall conduct an annual tightness test of the entire pressurized underground Piping system, including the primary and secondary Piping, in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.19.2.21.19.2 Owners and Operators of Consumptive Use Heating Fuel UST Systems that have underground pressurized Piping systems shall use a Piping tightness test method designed to detect a Release from any portion of the underground Piping system that routinely contains Consumptive Use Heating Fuels.
1.19.2.31.19.3.1 Owners and Operators of Consumptive Use Heating Fuel UST Systems with underground pressurized Piping systems constructed of double wall design may shall utilize continuous interstitial monitoring systems to comply with the annual Piping tightness test requirements in §1.19.2.1 of this Part if the following requirements are met: that meet the following requirements:
1.19.2.3.11.19.3.1.1 All interstitial monitoring devices shall be designed, constructed, installed and maintained to continuously detect a Release from any portion of the Piping that routinely contains Consumptive Use Heating Fuel; and
1.19.2.3.21.19.3.1.2 At a minimum of once every thirty (30) calendar days Days, Owners and Operators shall provide proof via the interstitial monitoring equipment record that the interstitial monitoring device is functioning in accordance with the manufacturer's specifications; and
1.19.2.3.31.19.3.1.3 Owners and Operators shall maintain records of the interstitial Release Detection records for the life of the UST System three (3) years; and
1.19.2.3.41.19.3.1.4 The interstitial monitoring device shall alert the Owner and Operator to the presence of a Release by shutting off the flow of the Consumptive Use Heating Fuel; and
1.19.2.3.51.19.3.1.5 All sump and interstitial sensors shall comply with the testing and monitoring requirements of §1.26 of this Part C, subsection 1.26; and
1.19.2.3.61.19.3.1.6 All Containment Sumps shall comply with the testing and monitoring requirements of §1.25 of this Part C, subsection 1.25.
1.20.2 Suction Piping designed and constructed to meet the requirements of §1.17.1.2 of this Part C, subsection 1.17.1.2 shall have Release Detection in accordance with §1.18 of this Part C, subsection 1.19.3.
1.20.41.20.3 Owners and Operators of suction Piping that is designed and constructed in accordance with § Part C, subsection 1.17.1.2. shall conduct a Line tightness test a minimum of once every three (3) years in accordance with NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.
1.21.2 To prevent spilling associated with Regulated Substance Consumptive Use Heating Fuel transfer to the UST System, Owners and Operators shall comply with the requirements of the following industry standards:
1.21.2.1 NFPA 30, Flammable and Combustible Liquids Code; or
1.21.2.2 NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids; or
1.21.2.3 API RP 1621, Bulk Liquid Stock Control at Retail Outlets.
1.21.3 Owners and Operators shall equip all Consumptive Use all Heating Fuel UST Systems with impervious spill containment devices that form a liquid tight Liquid Tight seal around the fill pipe Pipe connections.
1.21.4 All spill containment devices installed around the fill pipe Pipe shall have a minimum containment capacity of fifteen (15) gallons or be of a design that provides equivalent environmental protection.
1.21.5 Owners and Operators shall immediately upon discovery remove water, Consumptive Use Heating Fuel, or debris that accumulates in the spill containment device. Liquid and debris shall be properly disposed in accordance with all local, state, and federal requirements. Owners and Operators shall maintain spill containment devices as to be capable of containing a spill of the containment design capacity at all times.
1.21.7 Owners and Operators shall test spill containment devices once every twelve (12) months for tightness, or in accordance with the manufacturer's specifications, or when deemed necessary by the Department to determine if a threat to human health, safety or environment exists. Spill containment devices of single wall design, including devices with replaceable inner buckets, shall be tested once every twelve (12) months for tightness in accordance with Part C, subsection 1.21.9.
1.21.8 Spill containment devices of double wall design with continuous monitoring of the interstitial space shall be tested once every twelve (12) months for tightness in accordance with Part C, subsection 1.21.9 and the interstitial sensors are shall be tested in accordance with §1.26 of this Part C, subsection 1.26 are exempt from the testing requirements of §1.21.7 of this Part.
1.21.91.21.11 Owners and Operators shall report, investigate, and clean up any spills and overfills in accordance with Part E of these Regulations.
1.22.2 The Person In Charge of the transfer of Consumptive Use Heating Fuel to the UST shall adhere to proper safety precautions and procedures for transfer such as those found in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids and API RP 1621, Bulk Liquid Stock Control at Retail Outlets and shall comply with the following:
1.22.2.31.22.2.4 At the conclusion of the transfer, the Person in Charge shall collect any Consumptive Use Heating Fuel that remains in the transfer hose in and shall ensure it is properly managed and does not reach the environment; and
1.22.2.41.22.2.5 The Person in Charge shall take all reasonable precautions to prevent spilling and dripping.
1.22.3.1 Automatically shut off the achieve partial shut off of flow into the UST when the UST is no more than ninety-five percent (95%) percent full and complete shut off of flow at ninety-eight percent (98%) full; or
1.22.3.2 Alert the transfer operator when the UST is no more than ninety percent (90%) percent full by restricting the flow into the UST or triggering a high-level alarm; or audible and visual alarm.
1.22.4 UST Systems that receive pressurized deliveries require a high level audible and visual alarm that is triggered at no more than ninety percent (90%) full for overfill prevention or automatic flow shut-off valve designed for pressurized deliveries.
1.23.1.2.1 All fill covers shall be marked consistent with API RP 1637, Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Service Stations and Distribution Terminals; and
1.23.1.2.2 A different color symbol shall be used for each type of Regulated Substance Consumptive Use Heating Fuel or grade of substance being stored at the Facility.
1.23.2 Pipes and other openings not used for transfer of Consumptive Use Heating Fuel at the UST Facility shall not be painted any color which would be associated with the color symbol designated for marking the Consumptive Use Heating Fuel stored at the Facility. It is particularly important that openings with access to soil and ground water, such as Monitor Wells, not be confused with Regulated Substance Consumptive Use Heating Fuel fill Lines.
1.24.1.1.1 NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection. Protection; and
1.24.1.1.2 NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems.
1.24.1.1.31.24.1.1.4 NFPA 30, Flammable and Combustible Liquids Code. Code; and
1.24.1.1.41.24.1.1.5 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
1.24.2.1.1 Testing procedures shall be done in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, NACE TM0101, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Tank Systems and the manufacturer's specifications, and shall include the following:
1.24.2.1.1.1 A minimum of three (3) voltage readings equally spaced along the center line, including both ends and center, for UST Systems less than twenty thousand (20,000) gallons and a minimum of five (5) voltage readings equally spaced along the center line, including both ends, center and two intermediate locations for UST Systems greater than or equal to twenty thousand (20,000) gallons; and
1.24.2.4 Owners and Operators shall Repair or replace the Sacrificial Anode Cathodic Protection system in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and the requirements of §1.6 of this Part C, subsection 1.6 if the Sacrificial Anode Cathodic Protection system is not operating in accordance with the manufacturer's specifications and the requirements of these Regulations. This includes but is not limited to the failure of any required reading to register a negative voltage of at least 0.85 volts for each UST UST. An individual certified by a nationally recognized industry standard setting organization shall determine the cause of the failure and make the necessary Repairs within sixty (60) days of the discovery of the failure of the corrosion protection system.
1.24.2.6 The Department shall approve, either verbally or in writing, all Cathodic Protection Repair or replacement Retrofit plans prior to work commencing.
1.24.2.8 The following information shall be submitted to the Department prior to Repair or replacement Retrofit of the Sacrificial Anode Cathodic Protection system:
1.24.2.9 If the tank Tank has an internal lining, no internal assessment results will be accepted for the purpose of determining the current integrity of the UST System.
1.24.2.10 Impressed Current Cathodic Protection systems shall not be utilized as a Repair, Upgrade or Replacement Retrofit for a failed Sacrificial Anode Cathodic Protection system after January 11, 2008.
1.24.2.11 The use of alternate methods of monitoring shall be those described in NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection and shall only be used with prior written approval from the Department.
1.25 Containment Sump Testing Requirements for Consumptive Use Heating Fuel UST Systems
1.25.1 All dispenser, Tank top, transition and any other Containment Sumps shall be Product Tight and shall be tested for tightness once every thirty-six (36) months, or in accordance with the manufacturers' specifications, or when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists. All Tank top, transition and any other Containment Sumps of single wall design utilized as part of a Release Detection system with sensors, shall be Liquid Tight and be tested for Liquid Tightness once every thirty-six (36) months in accordance with Part C subsection 1.25.4 and when deemed necessary by the Department to determine if a threat to human health, safety or the environment exists.
1.25.21.25.3 All dispenser, Tank top, transition and any other Containment Sumps of double wall design with continuous monitoring of the interstitial space shall be Liquid Tight and be tested for Liquid Tightness once every thirty-six (36) months in accordance with Part C subsection 1.25.4 and the interstitial sensors are shall be tested in accordance with §1.26 of this Part C, subsection 1.26. are exempt from the testing requirements of §1.25.1 of this Part.
1.25.31.25.4 All dispenser, Tank top, transition and any other Containment Sumps Sump tightness testing methods utilized shall be performed in accordance with the manufacturer's specifications or approved as directed by the Department. Hydrostatic testing procedures shall meet the following requirements:
1.25.41.25.5 All access manholes associated with Containment Sumps shall be sized such that the manhole skirt is sufficiently larger than the Containment Sump lid to allow adequate access to the sump and to allow for surface water drainage.
1.25.51.25.6 All dispenser Containment Sumps shall be installed and maintained as to be capable of being visually inspected at all times for evidence of a Release and shall not be filled with any material such as pea gravel or native soil, or the dispenser Containment Sump shall be continuously monitored for Releases.
1.25.61.25.7 Owners and Operators shall immediately upon discovery remove water, Regulated Substance Consumptive Use Heating Fuel or debris that accumulates in any Containment Sump. Liquid and debris shall be properly disposed in accordance with all local, state and federal requirements.
1.26 Testing and Monitoring Procedures for Sump Sensors and Interstitial Sensors for Consumptive Use Heating Fuel UST Systems
1.26.3 All sensors installed in a sump or interstitial space for the purpose of detecting a Release from the UST System shall be installed no more than one inch (1") from directly on the bottom at the lowest point of the sump or interstitial space and in accordance with the manufacturer’s specifications such that the sensor is capable of detecting any accumulation of Regulated Substance Consumptive Use Heating Fuel.
1.27.1 All Repairs, Retrofits and Upgrades, Retrofits and replacements to existing UST Systems shall meet the applicable design, installation, maintenance Maintenance and operational standards in Part C, §1 Section 1.0 of these Regulations and shall be approved by the Department prior to installation.
1.27.2 Owners and Operators shall report any abnormal unusual operating conditions to the Tank Management Branch Department in accordance with the requirements of Part E, § subsection 1.2 of these Regulations.
1.27.5 Owners and Operators shall test the Cathodic Protection system in accordance with §1.24 of this Part C, subsection 1.24 within six (6) weeks and once very every twelve (12) months thereafter following the Repair of any Cathodically Protected UST System, to ensure it is operating properly.
1.27.6 UST System Owners and Operators shall maintain records for each Repair, Retrofit and or Upgrade for the Operational Life their time of ownership or operation of the UST System.
1.27.7 After any Repair, Retrofit or Upgrade to an UST System, Owners and Operators shall have the applicable portions of the UST System tested for tightness in accordance with these Regulations, Regulations or as directed by the Department, Department before the UST System is placed into service.
1.27.12 Within sixty (60) days Days of completion of a Repair, Retrofit or Upgrade of an UST System Owners and Operators and UST Contractors shall submit documentation to the Tank Management Branch Department including but not limited to the following:
1.27.12.2 Results of sampling required in Part E of these Regulations or §1.27.10 of this Part C, subsection 1.27.10; and
1.28.1 Owners and Operators shall conduct an inspection at an interval no less frequently than once every twenty-eight (28) to thirty-one (31) calendar days thirty (30) Days, unless specified in Part C, subsection 1.28.1.5 to monitor the condition of the UST System including but not limited to all access ports, spill containment devices, transition sumps, and Containment Sumps. The routine inspection shall include at a minimum the following:
1.28.1.1 The removal of all Containment Sump and transition sump covers and visual inspection of the sump for any evidence of a Release of Consumptive Use Heating Fuel or intrusion of water; and
1.28.1.2 The inspection of all access ports and drop tubes to make sure verify that the covers, caps, and adaptors are tightly sealed and equipment is free of debris or blockage; and
1.28.1.3 The removal of all spill containment device covers and inspection to ensure all spill containment devices, including spill containment devices located within multi-port Containment Sumps, are empty and free of debris or blockage, liquid including water, or Consumptive Use Heating Fuel.
1.28.1.5.4 If at any time the UST system fails to meet the conditions specified in Part C, subsection 1.28.1.5, the Owner or Operator shall notify the Department that the submersible turbine pump Containment Sump inspection shall be at a frequency no less than once every thirty (30) Days as specified in Part C, subsection 1.28.1.
1.28.3 If at any time during a routine inspection evidence of a Release of Consumptive Use Heating Fuel is discovered Owners and Operators shall follow the investigation requirements of Part E of these Regulations.
1.29.11.29.2 An internal lining may be added to an UST Systems System storing Consumptive Use Heating Fuel to improve the ability of an ensure the UST System is Compatible with the substance stored and to prevent the release of Regulated Substance Consumptive Use Heating Fuel.
1.29.3 The internal lining installation, operation and maintenance Maintenance shall meet the following requirements:
1.29.3.1.1 API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks.
1.29.3.1.2 NLPA Standard 631, Chapter A, Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks.
1.29.3.1.3 NLPA Standard 631, Chapter B, Future Internal Inspection Requirements for Lined Tanks.
1.29.3.2 The lined Tank shall be tested for tightness in accordance with §2.9.6 of this Part C, subsection 2.9.6 and found to be tight before the Tank is put back into service.
2.1.1 Owners and Operators shall ensure that all Consumptive Use Heating Fuel UST Systems with a capacity of greater than one thousand one hundred (1,100) gallons shall be designed, constructed, installed and operated in accordance with manufacturer's specifications, and accepted engineering practices and procedures; and in a manner which will prevent Releases of Consumptive Use Heating Fuels to the ground waters, surface waters or soils of the State due to corrosion, structural failure, manufacturing defects, spills, and overfills for the Operational Life of the Tank. The material used in the construction and lining of the Tank shall be Compatible with the substances to be stored in the UST System. All UST Systems installed prior to January 11, 2008 shall meet the requirements of this Section UST System.
2.1.2 Bare steel UST Systems or steel UST Systems coated with asphalt are prohibited. The material used in the construction and lining of the Tank shall be Compatible with the substances to be stored in the UST System. All UST Systems installed prior to January 11, 2008 shall meet the requirements of this Section.
2.1.3 Owners and Operators shall replace all double elbow swing joints with flexible connectors installed in accordance with Part C, §1.14 of these Regulations not later than January 1, 2011. Components of the UST System shall be approved by Underwriters Laboratories or equivalent third party certified.
2.2.1 Prior to the installation of any Consumptive Use Heating Fuel UST System with a storage capacity greater than one thousand one hundred (1,100) gallons, a site survey shall be initiated by the Facility Owner and Operator. The pre installation site survey shall be conducted to determine the locations of nearby buildings, underground utilities and sewer lines.
2.2.2 Private/public drinking water wells, rivers, streams, lakes, canals, wetlands, floodplains, State designated Natural Areas, and other environmentally sensitive locations shall be recorded and incorporated into the design of the UST System Facility.
2.2.3 Owners and Operators shall submit a written plan of the UST Facility to the Department and to any designated state or local government Local Government agency for approval thirty (30) days Days before the installation. The scale of the plan shall be one (1) inch to equals ten (10) feet or less (1 inch 10ft. or less) and shall include the following:
2.2.3.3 Dimensions and locations of vents, Observation Tubes, monitoring wells, vadose zone vapor detection tubes, U tubes, gauges and monitoring devices; and
2.2.3.4 Type of Regulated Substance Consumptive Use Heating Fuel to be stored; and
2.2.3.14 Survey results from §2.2.1 of this Part C, subsection 2.2.1.
2.3.1.2 Fiberglass-Reinforced Plastic Fiberglass-reinforced plastic; or
2.3.1.3 Steel Fiberglass Reinforced Plastic Composite fiberglass reinforced plastic composite; or
2.3.1.4 Composite Coated coated; or
2.3.1.5 Cathodically Protected Double-walled Steel double walled steel; or
2.3.1.6 Double-walled Fiberglass-Reinforced Plastic Double walled fiberglass reinforced plastic; or
2.3.2.1 PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems.
2.3.2.2 NFPA 30, Flammable and Combustible Liquids Code.
2.3.2.3 NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages.
2.4.1 The Department reserves the right to shall require Secondary containment or equivalent protection Containment on any portion of the UST system where aquifers underlying the UST Facility are determined to need such protection, or where groundwater below the UST Facility is within a well head protection area, or where groundwater is susceptible to contamination in order to protect the safety, health, welfare or and environment of the State.
2.4.2 Secondary containment Containment systems shall be designed, constructed and installed to:
2.4.2.1 Contain the Consumptive Use Heating Fuels Released from the UST system until they are detected and removed; and
2.4.2.2 Prevent the Release of Consumptive Use Heating Fuel to the environment at any time during the Operational Life of the UST system; and
2.4.3 ‘ Secondary containment Containment systems may consist of one of the following:
2.4.3.1 A cathodically protected Cathodically Protected double walled steel Tank and double walled Piping; or
2.5.1 Any of the acceptable UST system designs in §2.3 of this Part C, subsection 2.3 may be fabricated in double walled construction in accordance with accepted engineering practice and industry standards.
2.5.2 A double walled Tank which is designed and manufactured in accordance with the following requirements satisfies the requirements for Secondary containment Containment in §2.4 of this Part C, subsection 2.4 and the requirements for Release Detection set forth in §2.9 of this Part C, subsection 2.9:
2.6.1 Cathodically protected Protected steel UST Systems shall be designed, constructed, installed and tested in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, and the applicable industry standards, including but not limited to the following:
2.6.1.1 API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.
2.6.1.2 NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.6.1.3 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
2.6.1.4 UL 1746, Standard for Safety: External Corrosion Protection Systems For Steel Underground Storage Tanks.
2.6.1.5 STI- P3 STI-P3, Specification for sti P3® System for External Corrosion Protection of Underground Steel Storage Tanks.
2.6.2 The Tank shall be coated with a suitable Dielectric Material in accordance with NACE RPSP 0285, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection.
2.7.1.1 UL 1316, Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols and Alcohol Gasoline Mixtures.
2.7.2 Fiberglass reinforced plastic UST Systems shall be of sufficient structural strength to withstand normal handling and underground use and shall be compatible with the Regulated Substance Consumptive Use Heating Fuel and additives stored, corrosive soils and groundwater. Tank construction materials shall be of sufficient density and strength to form a hard impermeable shell which will not crack, wick, wear, soften or separate under normal service conditions.
2.8.1 Steel Fiberglass Reinforced Plastic fiberglass reinforced plastic UST Systems shall be designed, constructed, installed and tested in accordance with the following industry standards, as applicable:
2.8.1.1 UL 1746, Standard for Safety: External Corrosion Protection Systems for Steel Underground Storage Tanks.
2.8.1.2 UL 58, Standard for Steel Underground Tanks for Flammable and Combustible Liquids.
2.8.1.3 STI F-922, Specification for Permatank®.
2.8.1.4 STI F-894, ACT-100® Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks.
2.8.1.5 STI F-961, ACT-100U® Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks.
2.8.1.6 STI F-841, Standard for Dual Wall Underground Steel Storage Tanks.
2.8.3 The coating shall be factory inspected for air pockets, cracks, blisters pinholes and electrically tested by a ten thousand (10,000) volts holiday test performed over 100 one hundred percent (100%) of the surface for coating short circuits or coating faults or in accordance with the manufacturer's specifications.
2.8.4 Any defects shall be repaired Repaired in accordance with standard engineering practice and manufacturer's requirements to assure compliance with industry standards.
2.9 Release Detection Requirements for UST Systems Storing Consumptive Use Heating Fuel Underground Storage Tanks
2.9.1 General Requirements for Heating Fuel Tank Release Detection
2.9.1.1.1 Can detect Utilizes a method or methods capable of detecting a Release from any portion of the Tank and the connected underground Piping that routinely contain Consumptive Use Heating Fuel at a minimum of once every thirty (30) Days; and
2.9.1.1.3 Meets the performance standards for Release Detection in this section Section, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. The method shall be capable of detecting the leak rate or quantity specified for Precision Testing, automatic tank gauging, Line leak detectors, and Line tightness testing methods specified in these Regulations with a probability of detection of at least 0.95 and a probability of false alarm no greater than 0.05; and
2.9.1.1.4 Is operational prior to Regulated Substance Consumptive Use Heating Fuel being placed in the UST System.
2.9.1.2 Owners and Operators shall implement the indicated Release investigation procedure in Part E of these Regulations if the Release Detection equipment or method shows indication of a R