| (a) General requirements.
(1) Alternatives for existing underground storage tank
(UST) systems. No later than the implementation dates specified in §334.44(b)
of this title (relating to Implementation Schedules), all applicable
components of any existing UST system (i.e., UST system for which
installation has commenced or has been completed on or prior to December
22, 1988) shall be either installed, upgraded, improved, or replaced
with equipment or components which meet or exceed either of the following
requirements:
(A) the requirements for technical standards and installation
of new UST systems in §334.45 of this title (relating to Technical
Standards for New Underground Storage Tank Systems) and in §334.46
of this title (relating to Installation Standards for New Underground
Storage Tank Systems);
(B) the minimum upgrading requirements for existing
UST systems in subsection (b) of this section; or
(C) National Fire Protection Association Standard 30, "Flammable
and Combustible Liquids Code" and Standard 30A, "Code for
Motor Fuel Dispensing Facilities and Repair Garages."
(2) If any applicable component of an existing UST
system is not brought into timely compliance with the requirements
of paragraph (1) of this subsection, the UST system shall be permanently
removed from service no later than 60 days after the prescribed implementation
date. The permanent removal from service shall be conducted in accordance
with the applicable provisions of §334.55 of this title (relating
to Permanent Removal from Service).
(b) Minimum upgrading requirements for all existing
UST systems.
(1) Tank integrity assessment and UST system cathodic
protection. No later than December 22, 1998, all tanks in an existing
UST system shall be assessed for structural integrity, and all underground
metallic components of an existing UST system shall be equipped with
a cathodic protection system, as provided in the following subparagraphs.
(A) Tank integrity assessment. The tank shall be assessed
for structural integrity and for the presence of corrosion holes by
one or more of the following methods.
(i) The tank may be equipped with one or more of the
release detection systems meeting the applicable requirements of §334.50(d)(4)
- (10) of this title (relating to Release Detection). Such release
detection system(s) shall have been in operation for at least 60 days
prior to the date of the cathodic protection system installation,
and at least one of the systems shall remain in operation for the
remaining operational life of the tank.
(ii) The tank may be tested by conducting at least
two tank tightness tests meeting the requirements of §334.50(d)(1)(A)
of this title. The first tightness test shall be conducted prior to
installing the cathodic protection system, and the second test shall
be conducted between three and six months after the cathodic protection
system is placed into operation. For tanks constructed of non-corrodible
material, or metal tanks clad or jacketed with non-corrodible material
which are electrically isolated from surrounding soil, backfill or
groundwater or any other water, the tank may be tested by conducting
at least one tightness test meeting the requirements of §334.50(d)(1)(A)
of this title, within the 12-month period prior to December 22, 1998.
(iii) When the tank upgrading is to include the installation
of an interior lining meeting the applicable provisions in §334.52(b)
of this title (relating to Underground Storage Tank System Repairs
and Relining), a site assessment or release determination may be conducted
prior to the installation of the interior lining and the cathodic
protection system. Such site assessment or release determination shall
be conducted in accordance with the provisions of §334.55(e)
of this title.
(iv) Prior to the installation of the cathodic protection
system, the tank may be internally inspected and assessed to assure
that the tank is structurally sound and free of corrosion holes, provided
that such internal inspection shall be:
(I) conducted in accordance with a code or standard
of practice developed by a nationally recognized association or independent
testing laboratory; and
(II) performed by qualified personnel possessing the
requisite training, experience, and competence to assure that any
corrosion holes or structurally unsound areas are located.
(v) Prior to the installation of the cathodic protection
system, the tank may be assessed for structural integrity and the
presence of corrosion holes by an alternate method which has been
reviewed and determined by the agency to prevent releases in a manner
that is no less protective of human health and the environment than
the methods described in clauses (i) - (iv) of this subparagraph,
in accordance with the provisions of §334.43 of this title (relating
to Variances and Alternative Procedures).
(B) Repairs or corrective action. If the results of
the tank integrity assessment (required by subparagraph (A) of this
paragraph) indicate that the existing tank is not structurally sound
and/or that a release of regulated substances has occurred, then the
owner and operator shall:
(i) comply with the applicable release reporting, investigation,
and corrective action requirements of Subchapter D of this chapter
(relating to Release Reporting and Corrective Action); and
(ii) conduct one of the following activities, as applicable:
(I) perform appropriate repairs or relining of the
tank, in accordance with the applicable requirements of §334.52
of this title, as necessary to restore the structural integrity of
the tank; or
(II) permanently remove the tank from service in accordance
with the applicable provisions in §334.55 of this title.
(C) Field-installed cathodic protection system. After
confirmation or restoration of the structural integrity of the tank,
all underground metal components of the UST system, which are not
isolated from the surrounding soil, backfill, and groundwater or any
other water, and which either do or could convey, contain, or store
regulated substances, shall be equipped with a field-installed cathodic
protection system meeting the requirements of §334.49(c)(2) of
this title (relating to Corrosion Protection).
(2) Adding spill and overfill prevention equipment.
All existing USTs shall be equipped with appropriate spill and overfill
prevention equipment, in accordance with the provisions in §334.51(b)
of this title (relating to Spill and Overfill Prevention and Control).
(3) Adding release detection for UST system piping.
(A) Release detection for pressurized piping. No later
than December 22, 1990, all piping in an existing UST system that
routinely conveys regulated substances under pressure (i.e., which
operates at greater than atmospheric pressure) shall be brought into
compliance with the pressurized piping release detection requirements
in §334.50(b)(2)(A) of this title.
(B) Release detection for suction piping and gravity-flow
piping. All piping in an existing UST system that routinely conveys
regulated substances either under suction (i.e., which operates at
less than atmospheric pressure) or by gravity-flow shall be brought
into compliance with the applicable release detection requirements
in §334.50(b)(2)(B) of this title no later than the date on which
release detection is required for the tank to which such piping is
connected, as prescribed in paragraph (4) of this subsection.
(4) Adding release detection for tanks.
(A) Except as provided in subparagraph (B) of this
paragraph, all tanks at an existing UST system shall be brought into
compliance with the tank release detection requirements in §334.50(b)(1)
of this title no later than the date specified in the following clauses
for the time of installation applicable to such tanks:
(i) December 22, 1989, for tanks where the installation
dates are undetermined or unknown;
(ii) December 22, 1989, for tanks installed during
1964 or prior years;
(iii) December 22, 1990, for tanks installed during
the years 1965 - 1969, inclusive;
(iv) December 22, 1991, for tanks installed during
the years 1970 - 1974, inclusive;
(v) December 22, 1992, for tanks installed during the
years 1975 - 1979, inclusive;
(vi) December 22, 1993, for tanks installed during
the years 1980 - 1987, inclusive; and
(vii) December 22, 1993, for tanks installed between
January 1, 1988, and December 22, 1988, inclusive.
(B) For emergency generator tanks only, the compliance
dates prescribed in subparagraph (A)(i) - (v) of this paragraph shall
be extended by one year; however, no compliance date shall be extended
past December 22, 1993.
(C) When two or more existing tanks are located in
a common tank hole, and when the selected method of release detection
is either vapor monitoring or groundwater monitoring in accordance
with §334.50(d)(5) and (6) of this title, then all such tanks
shall be brought into compliance with the applicable release detection
requirements of this paragraph no later than the date specified for
the oldest tank in such common tank hole.
(c) Additional upgrading requirements for existing
hazardous substance UST systems. In addition to the upgrading requirements
applicable to all existing UST systems in subsections (a) and (b)
of this section, all existing hazardous substance UST systems (e.g.,
UST system for which installation has commenced or has been completed
on or prior to December 22, 1988) shall be equipped or retrofitted
with a secondary containment system and an associated release detection
system in accordance with the following provisions.
(1) No later than December 22, 1998, all existing hazardous
substance UST systems shall be equipped with a secondary containment
system meeting the design, construction, and installation requirements
in §334.45(d) of this title and §334.46(f) of this title.
(2) No later than December 22, 1998, all existing hazardous
substance UST systems shall be equipped with a release detection system
capable of monitoring either the interstitial spaces between the primary
and secondary walls of any double-walled UST component, or the spaces
between the primary UST component walls and any external liners, as
applicable, in accordance with the provisions in §334.50(c) of
this title.
(d) A UST system, at a minimum, shall incorporate secondary
containment as specified in Texas Water Code, §26.3476, if the
UST system is located in an area described in that provision.
(e) Records for upgrading of existing UST systems.
(1) Owners and operators shall maintain all records
related to the upgrading of existing UST systems 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 the following
records for the operational life of the UST system:
(A) general information related to the tank integrity
assessment and cathodic protection requirements in subsection (b)
of this section, including:
(i) dates of the tank integrity assessment and cathodic
protection installation activities;
(ii) names, addresses, and telephone numbers of the
persons conducting the tank integrity assessment and cathodic protection
installation activities; and
(iii) copies of all related notifications or reports
filed with the agency or others, including:
(I) registration information, as required by §334.7
of this title (relating to Registration for Underground Storage Tanks
(USTs) and UST Systems); and
(II) installation certification information, as required
by §334.8(a) of this title (relating to Certification for Underground
Storage Tanks (USTs) and UST Systems);
(B) as-built drawings (or plans), which have been drawn
to scale and in sufficient detail so as to accurately depict and describe
the sizes, dimensions, and locations of any UST system components
or equipment added or installed on or after September 29, 1989, which
are installed pursuant to one of the construction activities included
in §334.6(b)(1)(A) of this title (relating to Construction Notification
for Underground Storage Tanks (USTs) and UST Systems); and
(C) equipment information for any UST system components
or equipment added or installed on or after September 29, 1989, for
the purpose of compliance with the upgrading requirements of this
section, including manufacturer's specifications, installation instructions,
operating instructions, warranty information, recommended test procedures,
and inspection and maintenance schedules.
(3) Owners and operators shall maintain the results
of all equipment tests and tank integrity tests required in this section
including internal inspections, tank and piping tightness tests, and
site assessments, for at least five years after the dates such tests
are conducted.
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