Privacy Statement

ARTICLE 2 UNDERGROUND STORAGE TANKS

Section 2-1 UST Program Scope and Interim Prohibition
2-1-1 Applicability
2-1-2 Interim Prohibition for deferred UST systems
2-1-3 Determination of Ownership and Use

Section 2-2 UST Design, Construction, Installation, and Notification
2-2-1 Application for UST Permit
2-2-2 Construction Requirements
2-2-3 Application Requirements
2-2-4 Inspection of the Facility during Construction
2-2-5 Plan Review and Installation Inspection Fee
2-2-6 Denial, Revocation, or Modification of Permit
2-2-7 Access to premises and records of UST facilities
2-2-8 Performance standards for new UST systems
2-2-9 Upgrading of existing UST systems
2-2-10 Registration of UST Systems

Section 2-3 General Operating Requirements
2-3-1 Spill and overfill control
2-3-2 Operation and maintenance of corrosion protection
2-3-3 Compatibility
2-3-4 Repairs allowed
2-3-5 Reporting and record keeping

Section 2-4 Release Detection
2-4-1 General requirements for all UST systems
2-4-2 Requirements for petroleum UST systems
2-4-3 Requirements for hazardous substance UST systems
2-4-4 Methods of release detection for tanks
2-4-5 Methods of release detection for piping
2-4-6 Release detection record keeping

Section 2-5 Out of Service UST Systems and Closure
2-5-1 Temporary closure
2-5-2 Permanent closure and changes-in-service
2-5-3 Assessing the site at closure or change-in-service
2-5-4 Applicability to previously closed UST systems
2-5-5 Closure records

Section 2-1 UST Program Scope and Interim Prohibition

2-1-1 Applicability.

(a) These UST regulations apply to all owners/operators of an UST system except as otherwise provided in paragraphs (b), (c), and (d) of this section. Any UST system listed in paragraph (c) of this section must meet the requirements of section 2-1-2.

(b) The following UST systems are excluded from these regulations:

(1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;

(3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

(4) Any UST system whose capacity is 110 gallons or less;

(5) Any UST system that contains a de minimis concentration of regulated substances; and

(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

(c) Deferrals. The following types of UST systems are deferred from all parts of these regulations except section 2-1-2 and Article 5:

(1) Wastewater treatment tank systems;

(2) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. § 2011 and following);

(3) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 C.F.R. Part 50, Appendix A;

(4) Airport hydrant fuel distribution systems; and

(5) UST systems with field-constructed tanks.

(d) Deferrals. Section 3-5 (the release detection requirements) does not apply to any UST system that stores fuel solely for use by emergency power generators.

2-1-2 Interim Prohibition for deferred UST systems.

(a) No person may install an UST system listed in section 2-1-1(c) for the purpose of storing regulated substances unless the UST system (whether of single- or double-wall construction):

(1) Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

(2) Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and

(3) Is constructed or lined with material that is compatible with the stored substance.

(b) Notwithstanding paragraph (a) of this section, an UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life. Owners/operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the system.

[Note: The National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," may be used as guidance for complying with paragraph (b) of this section.]

2-1-3 Determination of Ownership and Use.

An UST which was in use before December 22, 1988 and which was not closed in accordance with national fire codes in effect at the time is considered to be in use until permanently closed in accordance with these regulations. An UST in use on or after December 22, 1988 is considered to be in use until permanently closed in accordance with these regulations.

Section 2-2 UST Design, Construction, Installation, and Notification

2-2-1 Application for UST Permit.

An application must be submitted to the State Inspector of Oils for approval before beginning construction:

(a) On any new UST system used to store regulated substances.

(b) On an UST system that is being upgraded to the standards described in these regulations or applicable statutes.

2-2-2 Construction Requirements.

No person may install, or cause to be installed, a new or replacement UST system or facility until:

(a) An application, as described in section 2-2-3 has been approved by the State Inspector of Oils;

(b) The installation plan has been reported to the local Fire Department having jurisdiction; and

(c) The application/inspection fee described in section 2-2-5 has been paid.

2-2-3 Application Requirements.

The application required by section 2-2-1 must include:

(a) Site Plan - A dimensioned drawing of the facility, showing the name and address of the facility, the location of existing tanks and piping that will remain at the facility, as well as new

tanks and piping proposed in the application, the location of dispensers and buildings at the facility, the location of property lines, the location and names of streets adjacent to the facility; and

(b) A written application containing information about the proposed construction as follows:

1. Method to be used to prevent releases of regulated substances due to corrosion of the UST system; including piping and any swing joints or flexible connectors that will routinely contain regulated substances;

2. Method to be used to prevent overfilling the UST;

3. Method to be used to prevent spills during transfer operations;

4. Leak detection method that will be used;

5. Type of pump that will be used for dispensing the UST contents;

6. Type of in-line leak detector to be used, if pressurized piping system is to be used;

7. Size and type of existing tanks and pipelines that will continue in use at the facility;

8. Size and type of tanks and pipelines to be installed;

9. Depth of burial of the tanks;

10. Type of backfill material to be used;

11. Surface coverage of the tanks in traffic areas;

12. Method to be used to prevent flotation of the tank;

13. Regulated substances to be stored at the facility;

14. Name and address of the facility;

15. Name and address of the operator of the facility;

16. Name and address of the owner of the UST system; and

17. Type of Vapor Recovery System to be used at the facility.

The name and address of the installer, the name of the tank manufacturer, and the tank serial numbers should be included if known at the time of application submission; otherwise they must be supplied when the installation is inspected.

The State Inspector of Oils will make available an application form to facilitate submission of the required information.

2-2-4 Inspection of the Facility during Construction.

The State Inspector of Oils will make an inspection of the UST system before completion of construction activities to verify that the construction is proceeding according to plan. The owner/operator shall provide the State Inspector of Oils with a 72 hour notice prior to the time of inspection. This inspection will be as detailed as practicable; but does not exempt the owner/operator from certifying that the installation was made according to all the technical requirements of these regulations.

2-2-5 Plan Review and Installation Inspection Fee.

Each owner/operator must remit a fee of one hundred fifty ($150) dollars to the State Inspector of Oils to cover the costs of the site plan review and installation inspection, for each UST installation or upgrade construction plan submitted.

2-2-6 Denial, Revocation, or Modification of Permit.

(a) An UST permit application may be denied if the UST installation or operation is not in conformance with these regulations; or is not in conformance with both Code 30 and Code 30-A of the National Fire Protection Association.

(b) An UST permit may be denied if the permit application is not complete or is determined to be inaccurate.

(c) An UST permit may be revoked if the UST installation or operation is not in conformance with these regulations or is not in conformance with either Code 30 or Code 30-A of the National Fire Protection Association. An UST permit is automatically revoked six months after the date of issue unless the State Inspector of Oils grants an extension in writing.

(d) Six months or later after an UST permit is issued, the permit may be modified by subsequent statutory or regulatory changes.

2-2-7 Access to premises and records of UST facilities.

Any duly authorized agent or employee of the State Inspector of Oils shall have authority to enter in or upon the premises of any facility that contains an UST system, containing a regulated substance, for the purpose of verifying that such UST system and it's required records are in compliance with these regulations.

2-2-8 Performance standards for new UST systems.

In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners/operators of new UST systems must meet the following requirements.

(a) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

(1) The tank is constructed of fiberglass-reinforced plastic; or

[Note: The following industry codes may be used to comply with paragraph (a)(1) of this section: Underwriters Laboratories Standard 1316, "Standard for Glass- Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products"; Underwriter's Laboratories of Canada CAN4-S615-M83, "Standard for Reinforced Plastic Underground Tanks for Petroleum Products"; or American Society of Testing and Materials Standard D4021-86, "Standard Specification for Glass-Fiber-Reinforced Polyester Underground Petroleum Storage Tanks."]

(2) The tank is constructed of steel and cathodically protected in the following manner:

(i) The tank is coated with a suitable dielectric material;

(ii) Field-installed cathodic protection systems are designed by a corrosion expert;

(iii) Impressed current systems are designed to allow determination of current operating status as required in section 2-3-2(c); and

(iv) Cathodic protection systems are operated and maintained in accordance with section 2-3-2; or

[Note: The following codes and standards may be used to comply with paragraph (a)(2) of this section:

(A) Steel Tank Institute "Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks";

(B) Underwriters Laboratories Standard 1746, "Corrosion Protection Systems for Underground Storage Tanks";

(C) Underwriters Laboratories of Canada CAN4-S603-M85, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids," and CAN4-G03.1-M85, "Standard for Galvanic Corrosion Protection Systems for Underground Tanks for Flammable and Combustible Liquids," and CAN4-S631-M84, "Isolating Bushings for Steel Underground Tanks Protected with Coatings and Galvanic Systems"; or

(D) National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids."]

(3) The tank is constructed of a steel-fiberglass-reinforced-plastic composite; or [Note: The following industry codes may be used to comply with paragraph (a)(3) of this section: Underwriters Laboratories Standard 1746, "Corrosion Protection Systems for Underground Storage Tanks," or the Association for Composite Tanks ACT-100, "Specification for the Fabrication of FRP Clad Underground Storage Tanks."]

(4) The tank is constructed of metal without additional corrosion protection measures provided that:

(i) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and

(ii) Owners/operators maintain records that demonstrate compliance with the requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank; or

(5) The tank construction and corrosion protection are determined by the State Inspector of Oils to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than paragraphs (a)(1) through (4) of this section.

(b) Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

(1) The piping is constructed of fiberglass-reinforced plastic; or [Note: The following codes and standards may be used to comply with paragraph (b)(1) of this section:

(A) Underwriters Laboratories Subject 971, "UL Listed Non-Metal Pipe";

(B) Underwriters Laboratories Standard 567, "Pipe Connectors for Flammable and Combustible and LP Gas";

(C) Underwriters Laboratories of Canada Guide ULC-107, "Glass Fiber Reinforced Plastic Pipe and Fittings for Flammable Liquids"; and

(D) Underwriters Laboratories of Canada Standard CAN 4-S633-M81, "Flexible Underground Hose Connectors."]

(2) The piping is constructed of steel and cathodically protected in the following manner:

(i) The piping is coated with a suitable dielectric material;

(ii) Field-installed cathodic protection systems are designed by a corrosion expert;

(iii) Impressed current systems are designed to allow determination of current operating status as required in section 2-3-2(c); and

(iv) Cathodic protection systems are operated and maintained in accordance with section 2-3-2; or

[Note: The following codes and standards may be used to comply with paragraph (b)(2) of this section:

(A) National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code";

(B) American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage Systems";

(C) American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems"; and

(D) National Association of Corrosion Engineers Standard RP-01-69, "Control of External Corrosion on Submerged Metallic Piping Systems."]

(3) The piping is constructed of metal without additional corrosion protection measures provided that:

(i) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and

(ii) Owners/operators maintain records that demonstrate compliance with the requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or

[Note: National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code"; and National Association of Corrosion Engineers Standard RP-01-69, "Control of External Corrosion on Submerged Metallic Piping Systems," may be used to comply with paragraph (b)(3) of this section.]

(4) The piping construction and corrosion protection are determined by the State Inspector of Oils to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (b)(1) through (3) of this section.

(c) Spill and overfill prevention equipment.

(1) Except as provided in paragraph (c)(2) of this section, to prevent spilling and overfilling associated with product transfer to the UST system, owners/operators must use the following spill and overfill prevention equipment:

(i) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and

(ii) Overfill prevention equipment that will:

(A) Automatically shut off flow into the tank when the tank is more than 95 percent full; or

(B) Alert the transfer operator when the tank is more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm.

(2) Owners/operators are not required to use the spill and overfill prevention equipment specified in paragraph (c)(1) of this section if:

(i) Alternative equipment is used that is determined by the State Inspector of Oils to be no less protective of human health and the environment than the equipment specified in paragraph (c)(1)(i) or (ii) of this section; or

(ii) The UST system is filled by transfers of no more than 25 gallons at one time.

(d) Installation. All tanks and piping must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer's instructions.

[Note: Tank and piping system installation practices and procedures described in the following codes may be used to comply with the requirements of paragraph (d) of this section:

(i) American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage System"; or

(ii) Petroleum Equipment Institute Publication RP100, "Recommended Practices for Installation of Underground Liquid Storage Systems"; or

(iii) American National Standards Institute Standard B31.3, "Petroleum Refinery Piping," and American National Standards Institute Standard B31.4 "Liquid Petroleum Transportation Piping System."]

(e) Certification of installation. All owners/operators must ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with paragraph

(d) of this section by providing a certification of compliance on the UST registration form in accordance with section 2-2-10.

(1) The installer has been certified by the tank and piping manufacturer(s) to install the particular tank installed; or

(2) The installer is currently licensed by the State Inspector of Oils; or

(3) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or

(4) The installation has been inspected and approved by the State Inspector of Oils and certified by the owner/operator ; or

(5) All work listed in the manufacturer's installation checklists has been completed and documented; or

(6) The owner/operator has complied with another method for ensuring compliance with paragraph

(d) of this section that is determined by the State Inspector of Oils to be no less protective of human health and the environment than the above methods. In any event, the responsibility for ensuring compliance with the installation regulations belongs to the owner/operator.

(f) Pursuant to C.R.S. § 8-20.5-204, the owner/operator is required to notify the State Inspector of Oils and receive approval by the State Inspector of Oils of the installation.

2-2-9 Upgrading of existing UST systems.

(a) Alternatives allowed. Not later than December 22, 1998, all existing UST systems must comply with one of the following:

(1) New UST system performance standards under section 2-2-8; or

(2) Upgrading requirements in (b) through (d) of this section; or

(3) Closure requirements under section 2-5 of these regulations, including applicable requirements for corrective action under Article 5.

(b) Tank upgrading requirements. Steel tanks must be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:

(1) Internal lining. A tank may be upgraded by internal lining if:

(i) The lining is installed in accordance with the requirements of section 2-3-4, and

(ii) Within 10 years after lining, and every 5 years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.

(2) Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of section 2-2-8(a)(2)(ii), (iii), and (iv) and the integrity of the tank is ensured using one of the following methods:

(i) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system; or

(ii) The tank has been installed for less than 10 years and is monitored monthly for releases in accordance with section 2-4-4(d) through (h); or

(iii) The tank has been installed for less than 10 years and is assessed for corrosion holes by conducting two (2) tightness tests that meet the requirements of section 2-4-4(c). The first tightness test must be conducted prior to installing the cathodic protection system. The second tightness test must be conducted between three (3) and six (6) months following the first operation of the cathodic protection system; or

(iv) The tank is assessed for corrosion holes by a method that is determined by the State Inspector of Oils to prevent releases in a manner that is no less protective of human health and the environment than paragraphs (b)(2)(i) through (iii) of this section.

(3) Internal lining combined with cathodic protection. A tank may be upgraded by both internal lining and cathodic protection if:

(i) The lining is installed in accordance with the requirements of section 2-3-4; and

(ii) The cathodic protection system meets the requirements of section 2-2-8(a)(2)(ii), (iii), and (iv).

[Note: The following codes and standards may be used to comply with this section: (A) American Petroleum Institute Publication 1631, "Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks";

(B) National Leak Prevention Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection";

(C) National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems"; and

(D) American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems."]

(c) Piping upgrading requirements. Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements of section 2-2-8(b)(2)(ii), (iii), and (iv).

[Note: The codes and standards listed in the note following section 2-2-8(b)(2) may be used to comply with this requirement.]

(d) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with new UST system spill and overfill prevention equipment requirements specified in section 2-2-8(c).

2-2-10 Registration of UST Systems.

(a) Each owner/operator of an UST system must register each system with the State Inspector of Oils within 30 days after the first day on which the system is actually used to contain a regulated substance. This registration must be renewed annually, on or before the calendar date of the initial registration, in each succeeding year after 1989. The owner/operator is required to pay a registration fee as set by statute for each tank registered.

(b) All UST systems and facilities must be registered on a form provided by the State Inspector of Oils, regardless of use, size, or type of regulated substance stored therein; and regardless of whether the tanks and facilities are in service or out of service.

[Note: Owners/operators of UST systems that were in the ground on or after May 8, 1986, unless taken out of operation on or before January 1, 1974, were required to notify the Colorado Department of Health in accordance with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, on a form published by EPA on November 8, 1985 (50 FR 46602) unless notice was given pursuant to section 103(c) of CERCLA. Owners/operators who have not complied with the notification requirements may use the registration form described in section 2-2-10(h)]

(c) Owners required to register tanks under paragraph (a) of this section must register each tank they own. Owners may register several tanks using one registration form, but owners who own tanks located at more than one place of operation must file a separate registration form for each separate place of operation.

(d) Any time there is a change in operation, including upgrading of the UST system, changes in operation, or completed closure of an UST system, the owner/operator is required to update the registration within 60 days.

(e) Registration forms required to be submitted under paragraph (a) of this section must provide all of the required information for each tank.

(f) All owners/operators of new UST systems must certify in the registration form, compliance with the following requirements:

(1) Installation of tanks and piping under section 2-2-8(e);

(2) Cathodic protection of steel tanks and piping under section 2-2-8(a) and (b);

(3) Financial responsibility under Article 6 of these regulations; and

(4) Release detection under sections 2-4-2 and 2-4-3.

(g) All owners/operators of new UST systems must certify in the registration form that the method used to install the UST system complies with the requirements in section 2-2-8(d).

(h) After July 1, 1989, any person who sells a tank intended to be used as an UST must notify the purchaser of such tank of the owner's registration obligations under paragraph (a) of this section.

(i) The registration form supplied by the State Inspector of Oils will meet the requirements of section 9002 of the federal Solid Waste Disposal Act as amended.

(j) The required fee for UST registration is the amount required per tank per year as authorized by C.R.S. § 8-20.5-102; and the fee for the installation plan review and the installation inspection is set at $150.00, as authorized by C.R.S. § 8-20.5-204, to cover the costs of administering this section.

Section 2-3 General Operating Requirements

2-3-1 Spill and overfill control.

(a) Owners/operators must ensure that releases due to spilling or overfilling do not occur. The owner/operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.

[Note: The transfer procedures described in National Fire Protection Association Publication 385 may be used to comply with paragraph (a) of this section. Further guidance on spill and overfill prevention appears in American Petroleum Institute Publication 1621, "Recommended Practice for Bulk Liquid Stock Control at Retail Outlets," and National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code."]

(b) The owner/operator must report, investigate, and clean up any spills and overfills in accordance with section 4-4.

2-3-2 Operation and maintenance of corrosion protection.

All owners/operators of steel UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances:

(a) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.

(b) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

(1) Frequency. All cathodic protection systems must be tested within 6 months of installation and at least every 3 years thereafter or according to another reasonable time frame established by the State Inspector of Oils; and

(2) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with a code of practice developed by a nationally recognized association.

[Note: National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," may be used to comply with paragraph (b)(2) of this section.]

(c) UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure that the equipment is running properly.

(d) For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with section 2-3-5) to demonstrate compliance with the performance standards in this section. These records must provide the following:

(1) The results of the last three inspections required in paragraph (c) of this section; and

(2) The results of testing from the last two inspections required in paragraph (b) of this section.

2-3-3 Compatibility.

Owners/operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST.

[Note: Owners/operators storing alcohol blends may use the following codes to comply with the requirements of this section:

(A) American Petroleum Institute Publication 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations"; and

(B) American Petroleum Institute Publication 1627, "Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations."]

2-3-4 Repairs allowed.

Owners/operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements:

(a) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.

[Note: The following codes and standards may be used to comply with paragraph (a) of this section: National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code"; American Petroleum Institute Publication 2200, "Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines"; American Petroleum Institute Publication 1631, "Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks"; and National Leak Prevention Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection."]

(b) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.

(c) Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. Fiberglass pipes and fittings may be repaired in accordance with the manufacturer's specifications.

(d) Repaired tanks and piping must be tightness tested in accordance with sections 2-4-4(c) and 2-4-5(b) within 30 days following the date of the completion of the repair unless:

(1) The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or

(2) The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in section 2-4-4(d) through (h); or

(3) Another test method is used that is determined by the State Inspector of Oils to be no less protective of human health and the environment than those listed above.

(e) Within 6 months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with section 2-3-2(b) and (c) to ensure that it is operating properly.

(f) UST system owners/operators must maintain records of each repair for the remaining operating life of the UST system that demonstrate compliance with the requirements of this section.

2-3-5 Reporting and record keeping.

Owners/operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the State Inspector of Oils, as well as requests for document submission, testing, and monitoring by the owner/operator pursuant to section 9005 of Subtitle I of the Resource Conservation and Recovery Act, as amended.

(a) Reporting. Owners/operators must submit the following information to the State Inspector of Oils:

(1) Registration for all UST systems (§ 2-2-10), which includes certification of installation for new UST systems (§ 2-2-8(e));

(2) Reports of all releases including suspected releases (§ 4-1), spills and overfills (§ 4-4), and confirmed releases (§ 5-2);

(3) Corrective actions planned or taken including initial abatement measures and initial site characterization (§ 5-2),and corrective action plans (§ 5-3); and

(4) A notification before permanent closure or change-in-service (§ 2-5-2).

(b) Record keeping. Owners/operators must maintain the following information:

(1) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (§ 2-2-8(a)(4)and (b)(3)).

(2) Documentation of operation of corrosion protection equipment (§ 2-3-2);

(3) Documentation of UST system repairs (§ 2-3-4(f));

(4) Recent compliance with release detection requirements (§ 2-4-6); and

(5) Results of the site investigation conducted at permanent closure (§ 2-5-5).

(c) Availability and Maintenance of Records. Owners/operators are required, upon request, to provide all records referenced in these regulations to the State Inspector of Oils. Owners/operators must keep the required records either:

(1) At the UST site and immediately available for inspection by the State Inspector of Oils; or

(2) At a readily available alternative site so they can be sent to the State Inspector of Oils upon request; or

(3) In the case of permanent closure records required under section 2-5-5, owners/operators are also provided with the additional alternative of mailing closure records to the State Inspector of Oils if they cannot be kept at the site or an alternative site as indicated above.

(d) Notwithstanding the above, for Fund reimbursement purposes, persons may be required to maintain the above or other records in accordance with Fund requirements.

Section 2-4 Release Detection

2-4-1 General requirements for all UST systems.

(a) Owners/operators of new and existing UST systems must provide a method, or combination of methods, of release detection that:

(1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product;

(2) Is installed, calibrated, operated, and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running condition; and

(3) Meets the performance requirements in sections 2-4-4 and 2-4-5, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods used after December 22, 1991 except for methods permanently installed prior to that date, must be capable of detecting the leak rate or quantity specified for that method in sections 2-4-4(b), (c), and (d) or 2-4-5(a) and (b), with a probability of detection of 0.95 and a probability of false alarm of 0.05.

(b) When a release detection method operated in accordance with the performance standards in sections 2-4-4 and 2-4-5 indicates a release may have occurred, owners/operators must notify the State Inspector of Oils in accordance with Article 4.

(c) Owners/operators of all UST systems must have complied with the release detection requirements of this section 2-4 by December 22, of the year listed in the following table:

PP= Must have begun release detection for all pressurized piping in accordance with sections 2-4-2(b)(1) and 2-4-3(b)(4).

RD= Must have begun release detection for tanks and suction piping in accordance with sections 2-4-2(a), 2-4-2(b)(2), and 2-4-3.

(d) Any existing UST system that does not apply a method of release detection that complies with the requirements of this section must complete the closure procedures in section 2-5 immediately.

2-4-2 Requirements for petroleum UST systems.

Owners/operators of petroleum UST systems must provide release detection for tanks and piping as follows:

(a) Tanks. Tanks must be monitored at least every 30 days for releases using one of the methods listed in section 2-4-4(d)-(h) except that:

(1) UST systems that meet the performance standards in sections 2-2-8 or 2-2-9, and the monthly inventory control requirements in section 2-4-4(a) or (b), may use tank tightness testing(conducted in accordance with section 2-4-4(c)) at least once every 5 years until December 22, 1998, or until 10 years after the tank is installed or upgraded under section 2-2-9(b), whichever is later;

(2) UST systems that do not meet the performance standards in sections 2-2-8 or 2-2-9 may use monthly inventory controls (conducted in accordance with section 2-4-4(a) or (b)) and annual tank tightness testing (conducted in accordance with section 2-4-4(c)) until December 22, 1998 when the tank must be upgraded under section 2-2-9 or permanently closed under section 2-5-2; and

(3) Tanks with a capacity of 1,000 gallons or less may use weekly tank gauging (conduct conducted in accordance with § 2-4-4(b)).

(b) Piping. Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one of the following requirements:

(1) Pressurized piping. Underground piping that conveys regulated substances under pressure must:

(i) Be equipped with an automatic line leak detector which meets the requirements of section 2-4-5(a); and

(ii) Have an annual line tightness test conducted in accordance with section 2-4-5(b) or have monthly monitoring conducted in accordance with section 2-4-5(c).

(2) Suction piping. Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least once every 3 years and in accordance with section 2-4-5(b), or use a monthly monitoring method conducted in accordance with section 2-4-5(c). No release detection is required for suction piping that is designed and constructed to meet the following g standards:

(i) The below-grade piping operates at less than atmospheric pressure;

(ii) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage  tank if the suction is released;

(iii) Only one check valve is included in each suction line;

(iv) The check valve is located directly below and as close as practical to the suction pump; and

(v) A method is provided that allows compliance with paragraphs (b)(2)(ii)-(iv) of this section to be readily determined.

2-4-3 Requirements for hazardous substance UST systems.

Owners/operators of hazardous substance UST systems must provide release detection that meets the following requirements:

(a) Release detection at existing UST systems must meet the requirements for petroleum UST systems in section 2-4-2. By December 22, 1998, all existing hazardous substance UST systems must meet the release detection requirements for new UST systems in paragraph (b) of this section.

(b) Release detection at new hazardous substance UST systems must meet the following requirements :

(1) Secondary containment systems must be designed, constructed and installed to:

(i) Contain regulated substances released from the UST system until they are detected and removed ;

(ii) Prevent the release of regulated substances to the environment at any time during the operation al life of the UST system; and

(iii) Be checked for evidence of a release at least every 30 days.

[Note: The provisions of 40 FR 265.193, Containment and Detection of Releases, may be used to comply with these requirements.]

(2) Double-walled tanks must be designed, constructed, and installed to:

(i) Contain a release from any portion of the inner tank within the outer wall; and

(ii) Detect the failure of the inner wall.

(3) External liners (including vaults) must be designed, constructed, and installed to:

(i) Contain 100 percent of the capacity of the largest tank within its boundary;

(ii) Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and

(iii) Surround the tank completely (i.e., it is capable of preventing lateral as well as vertical m migration of regulated substances).

(4) Underground piping must be equipped with secondary containment that satisfies the requirements of paragraph (b)(1) of this section (e.g., trench liners, jacketing of double-walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with section 2-4-5(a).

(5) Other methods of release detection may be used if owners/operators :

(i) Demonstrate to the State Inspector of Oils that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in section 2-4-4(b)-(h) can detect  a release of petroleum;

(ii) Provide information to the State Inspector of Oils on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance, and the character characteristics of the UST site; and,

(iii) Obtain written approval from the State Inspector of Oils to use the alternate release detection method before the installation and operation of the new UST system.

2-4-4 Methods of release detection for tanks.

Each method of release detection for tanks used to meet the requirements of section 2-4-2 must be conducted in accordance with the following:

(a) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0 percent of flow-through plus 130 gallons on a monthly basis in the following manner:

(1) Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day;

(2) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch;

(3) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;

(4) Deliveries are made through a drop tube that extends to within one foot of the tank bottom;

(5) Product dispensing is metered and recorded within an accuracy of 6 cubic inches for every 5 gallons of product withdrawn; and

(6) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth  of an inch at least once a month.

[Note: Practices described in the American Petroleum Institute Publication 1621, "Recommended Practice for Bulk Liquid Stock Control at Retail Outlets," may be used, where applicable, as guidance in meeting the requirements of this paragraph.]

(b) Manual tank gauging. Manual tank gauging must meet the following requirements:

(1) Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank;

(2) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;

(3) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch;

(4) A leak is suspected and subject to the requirements of Article 4 if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

(5) Only tanks of 1,000 gallons or less nominal capacity may use manual tank gauging as the sole method of release detection. Tanks of 1,001 to 2,000 gallons may use this method in place of inventory control in section 2-4-4(a). Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this section.

(c) Tank tightness testing. Tank tightness testing (or another test of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate, with a probability of detection of 0.95, from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

(d) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet the following requirements:

(1) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product; and

(2) Inventory control (or another test of equivalent performance) is conducted in accordance with the requirements of section 2-4-4(a).

(e) Vapor monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:

(1) The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow diffusion of vapors from releases into the excavation area;

(2) The stored regulated substance, or a tracer compound placed in the UST system, is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank;

(3) The measurement of vapors by the monitoring device is not rendered inoperative by the groundwater, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days;

(4) The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank;

(5) The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the UST system, a component or components of that substance, or a tracer compound placed in the UST system;

(6) In the UST excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (e)(1)-(4) of this section and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product; and

(7) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

(f) Groundwater monitoring. Testing or monitoring for liquids on the groundwater must meet the following requirements:

(1) The regulated substance is immiscible in water and has a specific gravity of less than one;

(2) Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials);

(3) The slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low groundwater conditions;

(4) Monitoring wells shall be sealed from the ground surface to the top of the filter pack;

(5) Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible;

(6) The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth of an inch of free product on top of the groundwater in the monitoring wells;

(7) Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (f)(1)-(5) of this section and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product; and

(8) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

(g) Interstitial monitoring. Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:

(1) For double-walled UST systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product;

[Note: The provisions outlined in the Steel Tank Institute's "Standard for Dual Wall Underground Storage Tanks" may be used as guidance for aspects of the design and construction of underground steel double-walled tanks.]

(2) For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the UST system and the secondary barrier;

(i) The secondary barrier around or beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable (not more than 0.000001 cm/sec for the regulated substance stored) to direct a release to the monitoring point and permit its detection;

(ii) The barrier is compatible with the regulated substance stored so that a release from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;

(iii) For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system;

(iv) The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;

(v) The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions; and,

(vi) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

(3) For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

(h) Other methods. Any other type of release detection method, or combination of methods, can be used if:

(1) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05; or

(2) The State Inspector of Oils may approve another method if the owner/operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (c)-(h) of this section. In comparing methods, the State Inspector of Oils shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner/operator must comply with any conditions imposed by the State Inspector of Oils on its use to ensure the protection of human health and the environment.

2-4-5 Methods of release detection for piping.

Each method of release detection for piping used to meet the requirements of section 2-4-2 must be conducted in accordance with the following:

(a) Automatic line leak detectors. Methods which alert the owner/operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector must be conducted in accordance with the manufacturer's requirements.

(b) Line tightness testing. A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure.

(c) Applicable tank methods. Any of the methods in section 2-4-4(e)-(h) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

2-4-6 Release detection record keeping.

All UST system owners/operators must maintain records in accordance with section 2-3-5 demonstrating compliance with all applicable requirements of this section. These records must include the following:

(a) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for 5 years, or for another reasonable period of time determined by the State Inspector of Oils, from the date of installation;

(b) The results of any sampling, testing, or monitoring must be maintained for at least 1 year, or for another reasonable period of time determined by the State Inspector of Oils, except that the results of tank tightness testing conducted in accordance with section 2-4-4(c) must be retained until the next test is conducted; and

(c) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site must be maintained for at least one year after the servicing work is completed, or for another reasonable time period determined by the State Inspector of Oils. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer must be retained for 5 years from the date of installation.

(d) Notwithstanding the above, to be eligible for the Fund, persons may be required to maintain the above or other records in accordance with Fund requirements.

Section 2-5 Out of Service UST Systems and Closure

2-5-1 Temporary closure.

(a) When an UST system is temporarily closed, owners/operators must continue operation and maintenance of corrosion protection in accordance with section 2-3-2, and any release detection in accordance with section 2-4. Articles 4 and 5 must be complied with if a release is suspected or confirmed. However, release detection is not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system.

(b) When an UST system is temporarily closed for 3 months or more, owners/operators must also comply with the following requirements:

(1) Leave vent lines open and functioning; and

(2) Cap and secure all other lines, pumps, manways, and ancillary equipment.

(c) When an UST system is temporarily closed for more than 12 months, owners/operators must permanently close the UST system if it does not meet either performance standards in section 2-2-8 for new UST systems or the upgrading requirements in section 2-2-9, except that the spill and overfill equipment requirements do not have to be met. Owners/operators must permanently close the substandard UST systems at the end of this 12-month period in accordance with sections 2-5-2 to 2-5-5, unless the State Inspector of Oils provides a written extension of the 12-month temporary closure period. Owners/operators must complete a site assessment in accordance with section 2-5-3 before such an extension can be applied for.

2-5-2 Permanent closure and changes-in-service.

(a) At least 10 days before beginning either permanent closure or a change-in-service under paragraphs (b) and (c) of this section, owners/operators must notify the State Inspector of Oils of their intent to permanently close or make the change-in-service, unless such action is in response to corrective action. The required assessment of the excavation zone under section 2-5-3 must be performed after notifying the State Inspector of Oils, but before completion of the permanent closure or a change-in-service.

(b) To permanently close a tank, owner/operators must empty and clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently must also be either removed from the ground or filled with an inert solid material.

(c) Continued use of an UST system to store a non-regulated substance is considered a change-in-service. Before a change-in-service, owners/operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with section

2-5-3.

[Note: The following cleaning and closure procedures may be used to comply with this section:

(A) American Petroleum Institute Recommended Practice 1604, "Removal and Disposal of Used Underground Petroleum Storage Tanks";

(B) American Petroleum Institute Publication 2015, "Cleaning Petroleum Storage Tanks";

(C) American Petroleum Institute Recommended Practice 1631, "Interior Lining of Underground Storage Tanks," may be used as guidance for compliance with this section; and

(D) The National Institute for Occupational Safety and Health "Criteria for a Recommended Standard...Working in Confined Space" may be used as guidance for conducting safe

closure procedures at some hazardous substance tanks.]

2-5-3 Assessing the site at closure or change-in-service.

(a) Before permanent closure or a change-in-service is completed, owners/operators must measure for the presence of a release where contamination is most likely to be present at the UST site, as specified in Article 5. The requirements of this section are satisfied if one of the external release detection methods allowed in section 2-4-4(e)or (f) is operating in accordance with the requirements in section 2-4-4 at the time of closure, and indicates no release has occurred.

(b) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under paragraph (a) of this section, or by any other manner, owners/operators must begin corrective action in accordance with Article 5.

2-5-4 Applicability to previously closed UST systems.

When directed by the State Inspector of Oils, the owner/operator of an UST system permanently closed before December 22, 1988 must assess the excavation zone and close the UST system in accordance with this section if releases from the UST may, in the judgment of the State Inspector of Oils, pose a current or potential threat to human health and the environment.

2-5-5 Closure records.

Owners/operators must maintain records in accordance with section 2-3-5 that are capable of demonstrating compliance with closure requirements under this section. The results of the excavation zone assessment required in section 2-5-3 must be maintained for at least 3 years after completion of permanent closure or change-in-service in one of the following ways:

(a) By the owners/operators who took the UST system out of service;

(b) By the current owners/operators of the UST system site; or

(c) By mailing these records to the State Inspector of Oils if they cannot be maintained at the closed facility.

[Note, all applicants to the Fund may be required to maintain closure records until reimbursement is complete.]