| (a) General spill and overfill control requirements.
(1) Owners and operators of all new and existing underground
storage tank (UST) systems shall ensure that releases of regulated
substances due to spills and overfills do not occur.
(2) Prior to regulated substances being transferred
and deposited into a UST system, the owner or operator shall ensure
that the available volume in the tank is greater than the volume of
regulated substances to be transferred into the tank.
(3) During the entire time that regulated substances
are being transferred into a UST system, the owner or operator shall
ensure that the entire transfer operation is continuously monitored
by the person conducting the transfer. Except as provided in paragraph
(4) of this subsection, such monitoring may be accomplished by either
of the following methods.
(A) The person conducting the transfer shall be physically
present at or near the transfer point at all times during the transfer
operation, and shall have an unobstructed view of the transfer point
to observe the transfer and to abate any spill or overfill.
(B) The person conducting the transfer shall be physically
present at the facility at all times during the transfer operation,
and shall monitor the transfer operation using a central monitoring
station which is electronically connected to remote sensing equipment
at each transfer point, where such equipment is designed to detect
and prevent any spills or overfills.
(4) When USTs are equipped with ball float valves in
the vent openings (or with other similar flow restrictors) for the
purposes of compliance with the overfill prevention equipment requirements
of subsection (b)(2)(C) of this section, and when regulated substances
are transferred into such tanks under pressure (other than routine
gravity unloading from normal transport vehicles), the following requirements
shall be met during the time that regulated substances are being transferred
into the tank.
(A) The person conducting the transfer shall be physically
present at or near the transfer point at all times during the transfer
operation, and shall have an unobstructed view of the transfer point
to observe the transfer and to abate any spill or overfill.
(B) The transfer hose connection shall be equipped
with an appropriate back-pressure sensor that will automatically shut
off flow into the tank when the pressure in the tank reaches the tank's
allowable design pressure (typically five per square inch gauge).
(5) The owners or operators shall assure that the installation
and maintenance of all required spill and overfill prevention equipment,
as well as the procedures used for the transfers of regulated substances
to or from a UST system, are in accordance with codes or standards
of practice developed by a nationally recognized association or independent
testing laboratory such as:
(A) National Fire Protection Association (NFPA) Standard
385, "Standard for Tank Vehicles for Flammable and Combustible
Liquids." The transfer procedures described in NFPA Standard
385 or American Petroleum Institute (API) Recommended Practice 1007, "Loading
and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles" may
be used to comply with this subsection.
(B) API Recommended Practice 1007, "Loading and
Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles," which
also may be used to comply with paragraphs (2) and (3) of this subsection;
or
(C) API Recommended Practice 1621, "Bulk Liquid
Stock Control at Retail Outlets," with further guidance on spill
and overfill prevention.
(6) The owner or operator shall assure that all spill
and overfill prevention devices installed pursuant to subsection (b)
of this section are maintained in good operating condition, and that
such devices are inspected and serviced in accordance with the manufacturer's
specifications. In addition, the devices shall be monitored or tested
in accordance with the requirements in §334.48(g) and (h) of
this title (relating to General Operating and Management Requirements).
(7) In the event a release of regulated substance(s)
occurs due to a spill or overfill, the owner or operator shall comply
with the release reporting, investigation, and corrective action requirements
in Subchapter D of this chapter (relating to Release Reporting and
Corrective Action).
(b) Spill and overfill prevention equipment. Except
as provided in paragraph (4) of this subsection, all UST systems shall
be equipped with spill and overfill prevention equipment which shall
be designed, installed, and maintained in a manner that will prevent
any spilling or overfilling of regulated substances resulting from
transfers to such systems, as provided in this subsection.
(1) Compliance schedule. All UST systems shall be in
compliance with the equipment provisions of this subsection from the
time of installation through the entire operational life of the system.
(2) Equipment required. UST systems shall be equipped
with each of the following spill and overfill prevention equipment
or devices.
(A) Tight-fill fitting. The fill pipe of the tank shall
be equipped with a tight-fill fitting, adapter, or similar device
which shall provide a liquid-tight seal during the transfer of regulated
substances into the tank.
(B) Spill containment equipment. The fill tube of the
tank either shall be equipped with an attached spill container or
catchment basin, or shall be enclosed in a liquid-tight manway, riser,
or sump, and such equipment shall meet the following requirements.
(i) The spill containment device shall be designed
to prevent the release of regulated substances to the environment
when the transfer hose or line is detached from the fill pipe.
(ii) The spill containment device shall be equipped
with a liquid-tight lid or cover designed to minimize the entrance
of any surface water, groundwater, or other foreign substances into
the container.
(C) Overfill prevention equipment. Each tank shall
be equipped with a valve or other appropriate device that shall be
designed to either:
(i) automatically shut off the flow of regulated substances
into the tank when the liquid level in the tank reaches a preset level
which shall be no higher than the 95% capacity level for the tank;
(ii) automatically restrict the flow of regulated substances
into the tank when the liquid level in the tank reaches a preset level
which shall be no higher than the 90% capacity level for the tank,
provided that such flow restricting device shall also alert the person
responsible for the delivery when such preset level is reached. Flow
restrictor devices may not be used when overflow prevention is installed
or replaced on or after September 1, 2018; or
(iii) emit an audible and visible alarm capable of
alerting the person responsible for the delivery when the liquid level
in the tank reaches a preset level which shall be no higher than the
90% capacity level for the tank, provided that the tank is also equipped
with a valve or other device which is designed to automatically shut
off or automatically restrict the flow of regulated substances into
the tank when the liquid level reaches a preset level which shall
be no higher than the 98% capacity level for the tank.
(3) Design and installation requirements.
(A) All spill and overfill prevention equipment shall
be installed in accordance with the manufacturer's instructions and
a code or standard of practice developed by a nationally recognized
association or independent testing laboratory.
(B) All underground components of the spill and overfill
prevention equipment which are designed to contain regulated substances
shall be properly protected from corrosion in accordance with the
applicable provisions in §334.49 of this title (relating to Corrosion
Protection).
(C) The surfaces of all spill and overfill prevention
equipment which are in direct contact with regulated substances shall
be constructed of or lined with materials that are compatible with
such regulated substances.
(D) When installing the overfill prevention equipment
specified in paragraph (2)(C) of this subsection, appropriate extension
devices shall be utilized as necessary to assure that the shut-off
or restriction of flow into the tank is achieved at the specified
preset levels, which shall be based on the manufacturer's capacity
charts for the size, dimensions, and shape of the tank.
(4) Exceptions. UST systems are not required to be
equipped with the spill and overfill prevention equipment prescribed
in this subsection if one or more of the following conditions are
applicable to such system:
(A) the transfers of regulated substances into the
UST system do not exceed 25 gallons per occurrence; or
(B) the UST system is equipped with alternative equipment
which has been reviewed and determined by the agency to prevent spills
and overfills of regulated substances in a manner that is no less
protective of human health and the environment than the equipment
prescribed in this subsection, pursuant to procedures for variances
found in §334.43 of this title (relating to Variances and Alternative
Procedures).
(c) Spill and overfill control records.
(1) Owners and operators shall maintain the spill and
overfill control records required in this subsection in accordance
with the requirements in §334.10(b) of this title (relating to
Reporting and Recordkeeping).
(2) Owners and operators shall maintain records adequate
to demonstrate compliance with the spill and overfill prevention and
control requirements in this section, and in accordance with the following
minimum requirements.
(A) All appropriate installation records related to
the installation of any spill and overfill prevention equipment, as
listed in §334.46(i) of this title (relating to Installation
Standards for New Underground Storage Tank Systems), shall be maintained
for as long as the spill and overfill prevention equipment is used.
(B) Records of any servicing, calibration, maintenance,
inspection, monitoring, testing, and repair of any spill and overfill
prevention equipment shall be maintained for at least five years after
such work is completed.
(3) If an owner or operator claims an exemption from
the spill and overfill equipment requirements under the provisions
of subsection (b)(4) of this section (i.e., transfers of 25 gallons
or less), such owner or operator shall maintain appropriate transfer
or inventory records for at least five years to document the basis
for such exemption.
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| Source Note: The provisions of this §334.51 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective January 2, 1995, 19 TexReg 10104; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
