(a) Prevention of releases. All owners and operators
of underground storage tank (UST) systems shall ensure that the systems
are operated, maintained, and managed in a manner that will prevent
releases of regulated substances from such systems.
(b) UST system management. UST systems shall be operated,
maintained, and managed in accordance with accepted industry practices.
(c) Inventory control. Inventory control procedures
shall be in accordance with §334.50(d)(1)(B) of this title. Complete
and accurate inventory records shall be maintained in accordance with §334.10
of this title (relating to Reporting and Recordkeeping).
(d) Spill and overfill control. All owners and operators
shall ensure that spills and overfills of regulated substances do
not occur and that all spill and overfill prevention equipment is
properly operated and maintained in accordance with §334.51 of
this title (relating to Spill and Overfill Prevention and Control).
(e) Operational requirements for release detection
equipment. Owners and operators of all new and existing UST systems
shall ensure that all release detection equipment installed as part
of a UST system pursuant to §334.50 of this title is maintained
in good operating condition and electronic and mechanical components
are tested for proper operation in accordance with one of the following:
manufacturer's instructions, a code of practice developed by a nationally
recognized association or independent testing laboratory, or requirements
determined by the executive director to be no less protective of human
health and the environment than listed in this subsection.
(1) Beginning on January 1, 2021, a test of the proper
operation of release detection equipment must be performed at least
annually and, at a minimum, as applicable to the facility, cover the
following components and criteria:
(A) automatic tank gauge and other controllers: test
alarm, verify system configuration, and test battery backup;
(B) probes and sensors: inspect for residual buildup,
ensure floats move freely, ensure shaft is not damaged; ensure cables
are free of kinks and breaks, and test alarm operability and communication
with controller;
(C) automatic line leak detector: test operation to
meet criteria in §334.50(b)(2)(A)(i) of this title by simulating
a leak;
(D) vacuum pumps and pressure gauges: ensure proper
communication with sensors and controller; and
(E) hand-held electronic sampling equipment associated
with groundwater and vapor monitoring: ensure proper operation.
(2) The code of practice that may be used to comply
with paragraph (1) of this subsection is: Petroleum Equipment Institute
(PEI) Publication RP1200, "Recommended Practices for the Testing and
Verification of Spill, Overfill, Leak Detection and Secondary Containment
Equipment at UST Facilities."
(f) Operation requirements for corrosion protection
systems. All owners and operators of UST systems shall ensure that
all required UST system components are continuously protected from
corrosion, and that all corrosion protection systems are inspected
and tested, in accordance with the applicable provisions of §334.49
of this title (relating to Corrosion Protection).
(g) Periodic testing of spill prevention equipment
and containment sumps used for interstitial monitoring of piping and
periodic inspection of overfill prevention equipment.
(1) Owners and operators of UST systems with spill
and overfill prevention equipment and containment sumps used for interstitial
monitoring of piping must meet these requirements to ensure the equipment
is operating properly and will prevent releases to the environment:
(A) Spill prevention equipment (such as a catchment
basin, spill bucket, or other spill containment device) and containment
sumps used for interstitial monitoring of piping must prevent releases
to the environment by meeting one of the following:
(i) The equipment is double-walled and the integrity
of both walls is periodically monitored at a frequency not less than
the frequency of the walkthrough inspections described in subsection
(h) of this section. Owners and operators must begin meeting the requirements
in clause (ii) of this subparagraph and conduct a test within 30 days
of discontinuing periodic monitoring of this equipment; or
(ii) The spill prevention equipment and containment
sumps used for interstitial monitoring of piping (when interstitial
monitoring is the primary release detection method) are tested at
least once every three years to ensure the equipment is liquid tight
by using vacuum, pressure, or liquid testing in accordance with one
of the following criteria:
(I) requirements developed by the manufacturer;
(II) code of practice developed by a nationally recognized
association or independent testing laboratory; or
(III) low liquid level test method - the sump may be
tested by filling the sump with liquid to a level that is three inches
higher than the activation point of the sensor provided the following
conditions are met:
(-a-) the sensor is mounted and maintained at the lowest
point of the sump in accordance with the requirements in §334.45(d)(1)(E)(vi)
of this title (relating to Technical Standards for New Underground
Storage Tank Systems);
(-b-) the sensor is annually tested for functionality
in accordance with the requirements in subsection (e)(1)(B) of this
section;
(-c-) the sensor will trigger a positive shutdown of:
(-1-) the individual dispenser associated with that
sump; or
(-2-) submersible turbine pump associated with that
sump; and
(-d-) all on-site operators are trained to immediately
notify the appropriate A or B level operator of the shutdown; or
(IV) requirements determined by the executive director
to be no less protective of human health and the environment than
the requirements listed in subclauses (I) - (III) of this clause.
(iii) Liquids that are used for testing as described
in clause (ii) of this subparagraph may be reused for further liquid
testing in other sumps, either at the same facility or at other facilities.
The discharge must be made in compliance with the applicable wastewater
discharge requirements or be disposed of in accordance with Chapters
330 or 335 of this title (relating to Municipal Solid Waste and Industrial
Solid Waste and Municipal Hazardous Waste).
(B) Overfill prevention equipment must be inspected
at least once every three years. At a minimum, the inspection must
ensure that overfill prevention equipment is set to activate at the
correct level specified in §334.51(b)(2)(C) of this title and
will activate when a regulated substance reaches that level.
(C) Codes of practice. The following code of practice
may be used to comply with subparagraphs (A)(ii)(II) and (B) of this
paragraph: PEI Publication RP1200, "Recommended Practices for the
Testing and Verification of Spill, Overfill, Leak Detection and Secondary
Containment Equipment at UST Facilities."
(2) Implementation dates. Owners and operators shall
meet these requirements:
(A) UST systems in use before September 1, 2018:
(i) The requirements listed in paragraph (1) of this
subsection shall apply on January 1, 2021.
(ii) Initial spill prevention equipment and containment
sump testing, and overfill prevention inspections (relating to the
requirements in paragraph (1) of this subsection) shall be conducted
by January 1, 2021.
(B) UST systems brought into use on or after September
1, 2018.
(i) The requirements listed in paragraph (1) of this
subsection shall apply on the date the UST system was brought into
use.
(ii) Initial spill prevention equipment and containment
sump testing, and overfill prevention inspections shall be conducted
by the date the UST system was brought into use.
(3) Owners and operators shall maintain records as
follows (in accordance with §334.10(b)(2)(B) of this title) for
spill prevention equipment, containment sumps used for interstitial
monitoring of piping, and overfill prevention equipment.
(A) All records of testing and inspection must be maintained
for five years.
(B) For spill prevention equipment and containment
sumps used for interstitial monitoring of piping not tested every
three years, documentation showing that the prevention equipment is
double-walled and the integrity of both walls is periodically monitored
must be maintained for as long as the equipment is periodically monitored.
(h) Periodic operation and maintenance walkthrough
inspections. To properly operate and maintain UST systems, not later
than January 1, 2021, owners and operators must meet one of the following.
(1) Conduct a walkthrough inspection that, at a minimum,
checks the following equipment as specified in the following subparagraphs.
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