UST Systems: Design, Construction, Installation and Notification

UST Systems: Design, Construction, Installation and Notification. §280.20 Performance standards for new UST systems. In order to prevent leaks 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 and all new or replacement tanks installed on or after October 1, 2008, must have secondary containment in accordance with §280.20(a)(4): (1) The tank is constructed of fiberglass-reinforced plastic; or (2) The tank is constructed of steel and cathodically protected in the following manner: (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 §280.32(c); (iv) Cathodic protection systems are operated and maintained in accordance with §280.32; and (v) The cathodic protection systems meet the MDEQ “Guidance for the Evaluation of Underground Storage Tank Cathodic Protection Systems” document or similar guidance as approved by MDEQ or (3) The tank is of composite construction (steel clad with fiberglass-reinforced plastic or other polymeric materials); or (4) The tank is of secondary containment construction. Secondarily contained tanks shall comply with the following: (i) Prevent the release of regulated substances to the environment for the operational life of the tank; (ii) Prevent the ingress of water or other external fluids into the interstitial space for the operational life of the tank; (iii) Allow for monitoring of the interstitial space to detect any leak from the primary tank and ingress of external fluids; (iv) Be checked for evidence of a leak and ingress of external fluids at least once every 30 days in accordance with §280.43(g) and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ; and (v) Be compatible with the substances stored and external soil/fluids for the operational life of the tank; or (5) The tank construction and corrosion protection are determined by the MDEQ to be designed to prevent the leak or threatened leak 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 rule. (b) Piping. Each pipe and ancillary component that routinely contains regulated substances must be properly designed, constructed, and protected from corrosion as specified below and all new or replacement piping installed on or after October 1, 2008, that is not part of a repair must be secondarily contained in accordance with §280.20(b)(4): (1) The piping is constructed of fiberglass-reinforced plastic or other polymeric materials; or (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 §280.32(c); (iv) Cathodic protection systems are operated and maintained in accordance with §280.32; and (v) The cathodic protection systems meet the MDEQ “Guidance for the Evaluation of Underground Storage Tank Cathodic Protection Systems” document or similar guidance as approved by MDEQ; or (3) The piping is of composite construction (metal with fiberglass-reinforced plastic or other polymeric materials; or (4) The piping is of secondarily contained construction. Secondarily contained piping shall comply with the following: (i) Prevent the release of regulated substances to the environment for the operational life of the piping system; (ii) Prevent the ingress of water or other external fluids into the interstitial space for the operational life of the piping system; (iii)Allow for monitoring of the interstitial space to detect any leak from the primary pipe and ingress of external fluids; (iv) Be checked for evidence of a leak and ingress of external fluids at least once every 30 days in accordance with §280.44(c) and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ; and (v) Be compatible with the substances stored and external soil/fluids for the operational life of the piping system; or (5) The piping construction and corrosion protection are determined by the MDEQ to be designed to prevent the leak or threatened leak 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 (4) of this section (c) Spill prevention equipment. Except as provided in §280.20(e)(2), to prevent spilling associated with product transfer to the UST system, owners and operators must use spill prevention equipment that will, for the operational life of the spill prevention equipment: (1) Prevent the release of any product to the environment that may leak from the transfer hose/tank connection during the product transfer; and (2) Be compatible with the substances stored and external soil/fluids. (3) The spill prevention equipment must be checked for evidence of a leak and/or ingress of external fluids at least once every 12 months in accordance with §280.30 and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ. (d) Overfill prevention equipment. Except as provided in §280.20(e)(2), and, to prevent overfilling of the tank during product transfer to the UST system, owners and operators must use overfill prevention equipment that is accessible for inspection, compatible with the substances stored and will, for the operational life of the overfill prevention equipment, meet one of the following: (1) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or (2) 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 (3) An alternative method approved by MDEQ prior to installation. The overfill prevention equipment must be checked for proper operation at least once every 12 months in accordance with §280.30 and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ. Note to paragraph (d): Flow restrictors used in vent lines may not be used to comply with paragraph (d) when overfill prevention is installed or replaced after October 5, 2018. e) Owners and operators are not required to use the spill and overfill prevention equipment specified in paragraphs (c) and (d) of this rule if: (1) Alternative equipment is used that is determined by the MDEQ to be no less protective of human health and the environment than the equipment specified in paragraphs (c) and (d) of this rule; or (2) The UST system is filled by transfers of no more than 25 gallons at one time. (f) Installation. All tanks, piping and ancillary equipment must be properly installed in accordance with one or more of the industry codes and recommended practices listed in §280.13 and in accordance with the manufacturer's instructions. (g) Certification of installation. All owners and operators must ensure that all tanks, piping and applicable ancillary components are installed by a contractor certified by the MDEQ as a UST installer. Owners and operators must provide certification of compliance with these requirements on the UST notification form in accordance with §280.22. In addition, one or more of the following may also be required in order to demonstrate compliance with paragraph (f) of this rule by providing a certification of compliance on the UST notification form in accordance with §280.22. (1) The installer has been certified by the manufacturer; or (2) All work listed in the manufacturer's installation checklists have been completed; or (3) The owner and operator have complied with another method for ensuring compliance with paragraph (f) of this rule that is determined by the MDEQ to be no less protective of human health and the environment. (h) Dispensers. All new or replacement dispensers installed on or after October 1, 2008, must have secondary containment installed that will: (1) Prevent the release of regulated substances to the environment for the operational life of the dispenser secondary containment; (2) Prevent the ingress of water or other external fluids into the interstitial space for the operational life of the dispenser secondary containment; (3) Allow for monitoring of the interstitial space to detect any leak from the dispensers or enclosed components of the piping system and ingress of external fluids; (4) Be checked for evidence of a leak and ingress of external fluids at least once every 30 days in accordance with §280.45 and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ; and (5) Be compatible with the substances stored and external soil/fluids for the operational life of the dispenser secondary containment. (i) Submersible pumps. All new or replacement submersible pumps installed on or after October 1, 2008, must have secondary containment installed that will: (1) Prevent the release of regulated substances to the environment for the operational life of the submersible pump secondary containment; (2) Prevent the ingress of groundwater or other external fluids into the interstitial space for the operational life of the submersible pump secondary containment; (3) Allow for monitoring of the interstitial space to detect any leak from the submersible pump or enclosed components of the piping system and ingress of external fluids; (4) Be checked for evidence of a leak and ingress of external fluids at least once every 30 days in accordance with §280.45 and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ; and (5) Be compatible with the substances stored and external soil/fluids for the operational life of the submersible pump secondary containment. (j) Piping shear valves. All pressurized piping must be equipped with shear valves designed to shut-off the flow of product in the event a dispenser cabinet is impacted. All shear valves must be: (1) Properly installed in accordance with one or more of the industry codes and recommended practices listed in §280.13 and in accordance with the manufacturer's instructions. (2) Effective October 1, 2009, be tested for functionality (the poppet valve or other shut off mechanism is manually closed to confirm that it will shut off the flow of product) at least once every 12 months and be repaired within 90 days of an observed failure, or another timeframe as approved by MDEQ. (3) Records. A written record documenting the shear valve testing must be maintained (in accordance with §280.35) to demonstrate compliance with this section. These records must provide the results of the last two (2) tests required in this section. §280.21 Upgrading of existing UST systems. Owners and operators must permanently close (in accordance with Rule 2.7) any UST system that does not meet the new UST system performance standards in §280.20 or has not been upgraded in accordance with paragraph (b) through (d) of this section. This does not apply to previously deferred UST systems described in Rule 2.10 of this part and where an upgrade is determined to be appropriate by MDEQ. (a) Alternatives allowed. All existing UST systems must comply with one of the following requirements: (1) New UST system performance standards under §280.20; (2) The upgrading requirements in paragraphs (b) through (d) of this rule; or (3) Closure requirements under Rule 2.7 of this part, including applicable requirements for corrective action under Rule 2.6. (b) Tank upgrading requirements. Steel tanks must be upgraded to meet one of the following requirements in accordance with any applicable code of practice listed in §280.13: (1) Interior lining. A tank may be upgraded by internal lining if: (i) The lining is installed in accordance with the requirements of §280.34, 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 §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 leaks in accordance with §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 §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 MDEQ to prevent leaks 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 §280.34; and (ii) The cathodic protection system meets the requirements of §280.20(a)(2)(ii), (iii), and (iv). (c) Piping upgrading requirements. Metal piping that routinely contains regulated substances and is in contact with the soil and/or water (electrolyte) must be cathodically protected in accordance with one or more of the industry codes recommended practices listed in §280.13 and must meet the requirements of §280.20(b)(2)(ii), (iii), and (iv). (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 §280.20 (c) and (d). §280.22 Notification requirements. (a) Any owner who intends to install a new or replace an existing underground storage tank, pipe, dispenser, or submersible pump on or after October 1, 2008, must, within 30 days of such planned installation, submit a "State of Mississippi Notice of Upcoming Underground Storage Tank System Installation" form. Note: If an unplanned replacement of an existing tank, pipe, dispenser, or submersible pump is necessary due to failure, an accident or for other circumstances the MDEQ deems appropriate, submittal of a "State of Mississippi Notice of Upcoming Underground Storage Tank System Installation" form is not required unless replacement is scheduled to occur more than 90 days after failure or accident. (b) Any owner who brings into use, installs, replaces or changes the operational status of an underground storage tank, pipe, dispenser or submersible pump, after May 8, 1986, must within 30 days of bringing such tank, pipe, dispenser or submersible pump into use or changing the operational status of, register with MDEQ by submittal of a "State of Mississippi Notification for Underground Storage Tank System" form. 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. (c) Any person who becomes the owner of an existing underground storage tank system must, within 30 days of becoming the owner, register with MDEQ by submittal of a "State of Mississippi Underground Storage Tank System Change of Ownership" form or a "State of Mississippi Notification for Underground Storage Tank System" form. (d) All owners and operators of UST systems installed on or after December 22, 1988, must certify in the notification form compliance with the following requirements: (1) Installation of tanks and piping under §280.20(g); (2) Cathodic protection of steel tanks and piping under §280.20 (a) and (b); (3) Financial responsibility under Rule 2.8 of this part; and (4) Leak detection under §§280.41 and 280.42. (e) All owners and operators of UST systems installed on or after December 22, 1988, 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 §280.20(f). (f) 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 (b) of this rule. (g) Any owner who changes the content of a UST to a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel must notify the MDEQ at least 30 days prior to such change.