HAR §11-280.1-33. accordance with section 11-280

1-31(2) and (3) to ensure that it is operating properly; and (8} Prior to the return to use of repaired spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested or inspected, as appropriate, in accordance with section 11-280.1-35 to ensure it is operating properly. (b) UST system owners and operators must maintain records, in accordance with section 11-280.1-34, of each repair until the UST system is permanently closed or undergoes a change-in-service pursuant to section 11-280.1-71. (Eff 7/15/18; comp 1/17/20; comp 7/8/21; comp MAR 21 2025 ] (Auth: HRS §§342L-3, 342L-32) (Imp: HRS §§3421-3, 342L-32) §11-280.1-34 Notification, reporting, and recordkeeping. (a) Notification. Owners and operators shall notify the department of any of the following changes in information relating to an UST or tank system by submitting the "Notification for Underground Storage Tanksu form prescribed by the director: ( 1) ( 2) { 3) ( 4) Completed closure or change-in-service; Temporary closure or the return to currently-in-use status; Changes in product dispensing method, dispenser system, or under dispenser containment; Changes in financial responsibility mechanism; (5) Changes in release detection method; (6) Changes in spill and overfill prevention method; (7) Changes in piping; (8) Changes in type of regulated substances stored; (9) Changes in corrosion protection mechanism; 280.1-36 3 5 8 4 §11-280.1-34 and (10) Installation of or changes in secondary containment. (b) Intent to close notification. Owners and operators shall notify the department of planned permanent closure or change-in-service of an UST or tank system and scheduled excavation work for permanent closure or change-in-service by submitting the "Notice of Intent to Close Underground Storage Tanks" form prescribed by the director. (c) Timing of notification. Owners and operators shall submit the notifications required in subsection (a) and (b) within thirty days following any of the changes requiring notification, except that: (1) Notification of planned permanent closure or change-in-service must be received by the department at least thirty days before commencement of excavation work for closure or change-in-service; (2) Notification of scheduled excavation work for permanent closure or change-in-service must be received by the department at least seven days before the scheduled work date; (3) Notification of change in type of regulated substance stored to a regulated substance containing greater than ten percent ethanol or greater than twenty percent biodiesel must be received by the department at least thirty days before the change; and (4) Notification of temporary closure must be received by the department within thirty days of the UST system having met the definition of temporary closure in section 11-280.1-12. (d) Reporting. Owners and operators must submit the following information to the department: (1) Reports of all releases including suspected releases (sections 11-280.1-50 and 11-280.1-52), spills and overfills (section 11-280.1-53), and confirmed releases (section 11-280.1-61); {2) Release response actions planned or taken, 280.1-37 3 5 8 4 §11-280.1-34 including initial abatement measures (section 11-280.1-62), initial site characterization (section 11-280.1-63), free product removal (section 11-280.1-64), investigation for soil and groundwater cleanup (section 11-280.1-65), and corrective action plan (section 11-280.1-66); (3) Quarterly release response reports (section 11-280.1-65.2); (4) Current evidence of financial responsibility as required in section 11-280.1-110; and (5) Notice of changes in Designated Class A or B Operators (section 11-280.l-241(c)). (e) Recordkeeping. Owners and operators must maintain the following information: (1) A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used (section 11-280.1-20 (b) (4); section 11-280.1-20 (C) (3)); (2) Documentation of operation of corrosion protection equipment (section 11-280.1-31(4)); (3) Documentation of compatibility for UST systems (section 11-280.1-32(c)); (4) Documentation of UST system repairs (section ll-280.1-33(b)); (5) Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (section 11-280.1-35(b)); (6) Documentation of periodic walkthrough inspections (section 11-280.1-36(b)); (7) Documentation of compliance with under­ dispenser containment sensing device requirements (section 11-280.1-37(b)); (8) Documentation of compliance with release detection requirements (section 11-280.1-45); (9) Results of the site investigation conducted 280.1-38 3 5 8 "; §11-280.1-35 at permanent closure or change-in-service (section 11-280.1-74); (10) Documentation of operator training (section 11-280.1-245); (11) Permits or variances or both, including all documentation, as specified in section 11-280.1-334(a); and (12) Evidence of current financial assurance mechanisms used to demonstrate financial responsibility (section 11-280.1-111). (f) Availability and maintenance of records. (1) Owners and operators must keep the required records at the UST site or an alternative location approved by the department. (2) Owners and operators must make the records immediately available for inspection by the department at the UST site. (3) Permanent closure records required under section 11-280.1-74 may be maintained or submitted to the department as provided in section 11-280.1-74. (g) Owners and operators of UST systems must cooperate fully with inspections, monitoring, and testing conducted by the department, as well as requests by the department for document submission, testing, and monitoring by the owner or operator pursuant to chapter 342L, Hawaii Revised Statutes. [Eff 7/15/18; comp 1/17/20; am and comp 7/8/21; comp MAR212025 ] (Auth: HRS §§3421-3, 3421-7.5) (Imp: HRS §§342L-3, 342L-7, 342L-7.5, 3421-30) §11-280.1-35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment. (a) 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 280.1-39 3 5 8 4 §11-280.1-35 environment: (1) Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) must prevent releases to the environment by meeting one of the following: (A) The equipment is double walled and the integrity of both walls is periodically monitored at a frequency not less than once every thirty-one days. Owners and operators must begin meeting the requirements of subparagraph (B) and conduct a test within thirty days of discontinuing periodic monitoring of this equipment; or (B) The spill prevention equipment is tested at least once every three hundred sixty-five days 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. (Note: Owners and operators may use this option only if the manufacturer has developed requirements.); (ii) Code of practice developed by a nationally recognized association or independent testing laboratory; or (iii) Requirements determined by the department to be no less protective of human health and the environment than the requirements listed in clauses (i) and (ii). (2) Containment sumps used for interstitial monitoring of piping must prevent releases to the environment by meeting one of the following: (A) The equipment is double walled and the integrity of both walls is periodically 280.1-40 3 5 8 4 §11-280.1-35 monitored at a frequency not less than annually. Owners and operators must begin meeting the requirements of subparagraph (B) and conduct a test within thirty days of discontinuing periodic monitoring of this equipment; or (B) The containment sumps used for interstitial monitoring of piping 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 criteria in paragraph (1) (B) (i) to (iii). (3) 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 section ll-280.l-20(d) and will activate when regulated substance reaches that level. Inspections must be conducted in accordance with one of the criteria in paragraph (1) (B) (i) to (iii). (b) Owners and operators must maintain records as follows (in accordance with section 11-280.1-34) for spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment: (1) All records of testing or inspection must be maintained for three years; and (2) For spill prevention equipment not tested every three hundred sixty-five days 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. [Eff 7/15/18; comp 1/17/20; comp 7/8/21; 280.1-41 3 5 8 4 §11-280.1-36 comp MAR 2 1 2025 342L-7.5, 342L-32) (Auth: HRS §§342L-3, (Imp: HRS §§342L-3, 342L-7.5, 342L-32) §11-280.1-36 Periodic operation and maintenance walkthrough inspections. (a) To properly operate and maintain UST systems, beginning not later than July 15, 2019, owners and operators must conduct walkthrough inspections that, at a minimum, check the following equipment as specified below: (1) Every thirty-one days: (A) Spill prevention equipment: (i) Visually check for damage; (ii) Remove liquid or debris; (iii) Check for and remove obstructions in the fill pipe; (iv) Check the fill cap to make sure it is securely on the fill pipe; and (v) For double walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area; and (B) Release detection equipment: (i) Check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present; and (ii) Ensure records of release (2) Annually: detection testing are reviewed and current; (A) Containment sumps: (i) Visually check for damage, leaks to the containment area, or releases to the environment; (ii) Remove liquid (in contained sumps) or debris; and (iii) For double walled sumps with interstitial monitoring, check for a leak in the interstitial area; 280.1-42 3 5 8 4 §11-280.1-37 and (B) Hand held release detection equipment: Check devices such as tank gauge sticks or groundwater bailers for operability and serviceability; (3) For UST systems receiving deliveries at intervals greater than every thirty-one days, spill prevention equipment may be checked in accordance with paragraph (1) (A) prior to each delivery; and (4) For airport hydrant systems, at least once every thirty-one days if confined space entry according to the Occupational Safety and Health Administration is not required or at least annually if confined space entry is required (see 29 C.F.R. part 1910): (A) Hydrant pits: (i) Visually check for any damage; (ii) Remove any liquid or debris; and (iii) Check for any leaks; and (B) Hydrant piping vaults: Check for any hydrant piping leaks. (b) Owners and operators must maintain records, in accordance with section 11-280.1-34, of operation and maintenance walkthrough inspections for three years. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every thirty-one days due to infrequent deliveries. [ÃAR2/flifÄ8; comp 1/17/20; am and comp 7/8/21; comp ] (Auth: HRS §§342L-3, 342L-7.5, 342L-32) (Imp: HRS §§342L-3, 342L-7.5, 342L-32) §11-280.1-37 Periodic inspection and maintenance of under-dispenser containment. (a) Under-dispenser containment that allows for visual inspection and access to the components in the containment system to meet the requirements of section 11-280.1-25 must be 280.1-43 3 5 8 4 . §11-280.1-37 visually inspected for damage and have any liquid or debris removed every thirty-one days. (b) Sensing devices for under-dispenser containment used to meet the requirements of section 11-280.1-25 must: (1) Be operated and maintained in accordance with one of the following: (A) The manufacturer's instructions; (B) A code of practice developed by a nationally recognized association or independent testing laboratory; or (C) Requirements determined by the department to be no less protective of human health and the environment than those in subparagraphs (A) and (B); and (2) Be inspected for proper operation, and electronic and mechanical components tested, at least annually. (c) OST system owners and operators must maintain records in accordance with section 11-280.1-34 demonstrating compliance with subsection (a) or (b). Written documentation of all inspection, testing, and maintenance must be maintained for at least three years. All records that the ODC sensor and connected equipment are designed to produce must be maintained for at least three years after the record is generated. [Eff 7/15/18; comp 1/17/20; am and comp 7/8/21; comp MAR 212025 ) (Auth: HRS §§3421-3, 3421-7. 5, 3421-32) (Imp: HRS §§3421-3, 3421-7. 5, 3421-32) §11-280.1-38 General operating requirements-­ codes of practice. (a} The following codes of practice may be used to comply with section 11-280.1-30(a): the transfer procedures described in National Fire Protection Association Standard 385, "Standard for Tank Vehicles for Flammable and Combustible Liquids" or American Petroleum Institute Recommended Practice 1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles". Further 280.1-44 3 5 8 4 §11-280.1-38 guidance on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, "Bulk Liquid Stock Control at Retail Outlets". (b) The following codes of practice may be used to comply with section 11-280.1-31(2): (1) NACE International Test Method TM 0101, "Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems"; (2} NACE International Test Method TM0497, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems"; (3) Steel Tank Institute Recommended Practice ROSI, "Cathodic Protection Testing Procedures for STI-P38 USTs"; (4) NACE International Standard Practice SP 0285, "External Control of Underground Storage Tank Systems by Cathodic Protection"; or (5) NACE International Standard Practice SP 0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems". (c) The following code of practice may be useful in complying with section 11-280.1-32: American Petroleum Institute Recommended Practice 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations". (d) The following codes of practice may be used to comply with section 11-280.1-33(a) (1): (1) National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code"; (2) American Petroleum Institute Recommended Practice RP 2200, "Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines"; (3) American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and 280.1-45 a 5 s 4 §11-280.1-38 Periodic Inspection of Underground Storage Tanks"; (4) National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair"; (5) National Leak Prevention Association Standard 631, Chapter A, "Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks"; (6) Steel Tank Institute Recommended Practice R972, "Recommended Practice for the Addition of Supplemental Anodes to STI-P3® Tanks"; (7) NACE International Standard Practice SP 0285, "External Control of Underground Storage Tank Systems by Cathodic Protection"; or (8) Fiberglass Tank and Pipe Institute Recommended Practice T-95-02, "Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks". (e) The following codes of practice may be used to comply with section 11-280.l-33(a)(6): (1) Steel Tank Institute Recommended Practice R012, "Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks"; (2) Fiberglass Tank and Pipe Institute Protocol, "Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space"; or (3) Petroleum Equipment Institute Recommended Practice RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities". (f) The following code of practice may be used to comply with section 11-280.1-35(a) (1), (2) and (3): Petroleum Equipment Institute Publication RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and 280.1-46 3 5 8 4