[Title 40 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION]
[Subchapter I - SOLID WASTES (CONTINUED)]
[Part 280 - TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)]
[Subpart B - UST Systems: Design, Construction, Installation and]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT232002-07-012002-07-01falseUST Systems: Design, Construction, Installation andBSubpart BPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTIONSOLID WASTES (CONTINUED)TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
Subpart B--UST Systems: Design, Construction, Installation and
Notification
Sec. 280.20 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 and 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:
[[Page 467]]
(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 Sec. 280.31(c); and
(iv) Cathodic protection systems are operated and maintained in
accordance with Sec. 280.31 or according to guidelines established by
the implementing agency; 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 and operators maintain records that demonstrate
compliance with the requirements of paragraphs (a)(4)(i) for the
remaining life of the tank; or
(5) The tank construction and corrosion protection are determined by
the implementing agency 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 Sec. 280.31(c); and
(iv) Cathodic protection systems are operated and maintained in
accordance with Sec. 280.31 or guidelines established by the
implementing agency; 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'';
[[Page 468]]
(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 and operators maintain records that demonstrate
compliance with the requirements of paragraph (b)(3)(i) of this section
for the remaining life of the piping; or
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 implementing agency 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 and operators
must use the following spill and overfill prevention equipment:
(i) Spill prevention equipment that will prevent release of product
to the environment when the transfer hose is detached from the fill pipe
(for example, a spill catchment basin); and
(ii) Overfill prevention equipment that will:
(A) Automatically shut off flow into the tank when the tank is no
more than 95 percent full; or
(B) Alert the transfer operator when the tank is no more than 90
percent full by restricting the flow into the tank or triggering a high-
level alarm; or
(C) Restrict flow 30 minutes prior to overfilling, alert the
operator with a high level alarm one minute before overfilling, or
automatically shut off flow into the tank so that none of the fittings
located on top of the tank are exposed to product due to overfilling.
(2) Owners and operators are not required to use the spill and
overfill prevention equipment specified in paragraph (c)(1) of this
section if:
(i) Alternative equipment is used that is determined by the
implementing agency 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 and 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 notification form in accordance with Sec. 280.22.
(1) The installer has been certified by the tank and piping
manufacturers; or
[[Page 469]]
(2) The installer has been certified or licensed by the implementing
agency; 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
implementing agency; or
(5) All work listed in the manufacturer's installation checklists
has been completed; or
(6) The owner and operator have complied with another method for
ensuring compliance with paragraph (d) of this section that is
determined by the implementing agency to be no less protective of human
health and the environment.
[53 FR 37194, Sept. 23, 1988, as amended at 56 FR 38344, Aug. 13, 1991]
Sec. 280.21 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 requirements:
(1) New UST system performance standards under Sec. 280.20;
(2) The upgrading requirements in paragraphs (b) through (d) of this
section; or
(3) Closure requirements under subpart G of this part, including
applicable requirements for corrective action under subpart F.
(b) Tank upgrading requirements. Steel tanks must be upgraded to
meet one of the following requirements in accordance with a code of
practice developed by a nationally recognized association or independent
testing laboratory:
(1) Interior lining. A tank may be upgraded by internal lining if:
(i) The lining is installed in accordance with the requirements of
Sec. 280.33, and
(ii) Within 10 years after lining, and every 5 years thereafter, the
lined tank is internally inspected and found to be structurally sound
with the lining still performing in accordance with original design
specifications.
(2) Cathodic protection. A tank may be upgraded by cathodic
protection if the cathodic protection system meets the requirements of
Sec. 280.20(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 Sec. 280.43 (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 Sec. 280.43(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 implementing agency 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
Sec. 280.33; and
(ii) The cathodic protection system meets the requirements of
Sec. 280.20(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.''
[[Page 470]]
(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 Sec. 280.20(b)(2) (ii), (iii), and
(iv).
Note: The codes and standards listed in the note following
Sec. 280.20(b)(2) may be used to comply with this requirement.
(d) Spill and overfill prevention equipment. To prevent spilling and
overfilling associated with product transfer to the UST system, all
existing UST systems must comply with new UST system spill and overfill
prevention equipment requirements specified in Sec. 280.20(c).
Sec. 280.22 Notification requirements.
(a) Any owner who brings an underground storage tank system into use
after May 8, 1986, must within 30 days of bringing such tank into use,
submit, in the form prescribed in appendix I of this part, a notice of
existence of such tank system to the state or local agency or department
designated in appendix II of this part to receive such notice.
Note: Owners and 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 designated state or local agency in
accordance with the Hazardous and Solid Waste Amendments of 1984, Pub.
L. 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 and
operators who have not complied with the notification requirements may
use portions I through VI of the notification form contained in appendix
I of this part.
(b) In states where state law, regulations, or procedures require
owners to use forms that differ from those set forth in appendix I of
this part to fulfill the requirements of this section, the state forms
may be submitted in lieu of the forms set forth in Appendix I of this
part. If a state requires that its form be used in lieu of the form
presented in this regulation, such form must meet the requirements of
section 9002.
(c) Owners required to submit notices under paragraph (a) of this
section must provide notices to the appropriate agencies or departments
identified in appendix II of this part for each tank they own. Owners
may provide notice for several tanks using one notification form, but
owners who own tanks located at more than one place of operation must
file a separate notification form for each separate place of operation.
(d) Notices required to be submitted under paragraph (a) of this
section must provide all of the information in sections I through VI of
the prescribed form (or appropriate state form) for each tank for which
notice must be given. Notices for tanks installed after December 22,
1988 must also provide all of the information in section VII of the
prescribed form (or appropriate state form) for each tank for which
notice must be given.
(e) All owners and operators of new UST systems must certify in the
notification form compliance with the following requirements:
(1) Installation of tanks and piping under Sec. 280.20(e);
(2) Cathodic protection of steel tanks and piping under Sec. 280.20
(a) and (b);
(3) Financial responsibility under subpart H of this part; and
(4) Release detection under Secs. 280.41 and 280.42.
(f) All owners and operators of new UST systems must ensure that the
installer certifies in the notification form that the methods used to
install the tanks and piping complies with the requirements in
Sec. 280.20(d).
(g) Beginning October 24, 1988, any person who sells a tank intended
to be used as an underground storage tank must notify the purchaser of
such tank of the owner's notification obligations under paragraph (a) of
this section. The form provided in appendix III of this part may be used
to comply with this requirement.
[[Page 471]]