General Operating Requirements

General Operating Requirements. §280.30 Operation and maintenance of spill and overfill prevention equipment. (a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling. Prior to receiving a delivery, owners and operators must ensure that the spill prevention equipment is free of any fluids or debris and the full volume of the spill containment device is available to contain any spills that may occur during the delivery. After completion of the delivery, owners and operators must ensure that the spill prevention equipment is emptied of any regulated substances that may have accumulated during the delivery operation. (b) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with §280.53. (c) The integrity of all spill prevention equipment must be tested in accordance with the following requirements: (1) Frequency. (i) Spill prevention equipment installed on or after October 1, 2008, must be tested after installation and before the UST system receives any delivery of regulated substances and at least once every 12 months thereafter. (ii) Spill prevention equipment installed before October 1, 2008, must be tested by October 1, 2009, and at least once every 12 months thereafter. (iii)Spill prevention equipment must be tested whenever it is suspected, by visual evidence or other means, that the integrity of the spill prevention equipment may be in question. (2) Criteria. All spill prevention equipment integrity testing must be conducted in accordance with the manufacturer's specifications and any applicable code of practice listed in §280.13. Note: In the absence of manufacturer's specifications or an applicable industry code or recommended practice, the inspection may be accomplished by filling the spill containment with water or other suitable liquid and checking to ensure that no more than one-eighth inch of liquid is lost or gained over a one (1) hour period. Alternative test methods may be utilized only if recognized by the MDEQ as no less protective of human health and the environment than those test methods listed above. (3) Records. A written record documenting the integrity testing of spill containment equipment 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. (d) Overfill prevention equipment (including any tight-fill adapters that may be in use) must be inspected and proper operation ensured in accordance with the following requirements: (1) Frequency. (i) Overfill prevention equipment installed on or after October 1, 2008, must be inspected for proper operation at installation and before the UST system receives any delivery of regulated substances and at least once every 12 months thereafter. (ii) Overfill prevention equipment installed before October 1, 2008, must be inspected for proper operation by October 1, 2009, and at least once every 12 months thereafter. (iii)Overfill prevention equipment must be inspected whenever it is suspected, by visual evidence or other means, that the proper operation of the overfill prevention equipment may be in question. (2) Criteria. At a minimum, the inspection must ensure that the overfill prevention equipment: (i) Is properly installed meeting the performance standards listed in §280.20(d); and (ii) Is properly functioning in accordance with the manufacturer's specifications and any applicable code of practice listed in §280.13. Note: In the absence of manufacturer's specifications or an applicable industry code or recommended practice, the inspection may be accomplished by removal of the equipment from the tank, visual examination and confirmation that the overfill device is installed at the correct height within the tank. (3) Records. A written record documenting the inspection of the overfill prevention equipment 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) inspections required in this section. §280.31 Operation and maintenance of secondary containment. Owners and operators of UST systems installed on or after October 1, 2008, and all secondarily contained UST systems utilizing interstitial monitoring in accordance with §280.43(g), §280.44(c), or §280.45 must comply with the following requirements in order to ensure that releases due to improper operation and maintenance of secondary containment do not occur: (a) The owner and operator must report and investigate any leak or suspected release in accordance with Rule 2.5. (b) Any regulated substances found within the secondary containment must be removed within 24 hours of discovery or another time frame determined by the MDEQ to be appropriate. (c) All secondary containment must be inspected for proper operation in accordance with the following requirements: (1) Frequency. (i) Secondary containment equipment must be tested at installation and before the UST system receives any delivery of regulated substances and at least once every 36 months thereafter. (ii) The integrity of all secondary containment components of a UST that can be observed must be visually inspected at least once every 12 months. (iii)Secondary containment equipment must be integrity tested whenever it is suspected, by visual evidence or other means, that the integrity of the secondary containment equipment may be in question. (iv) On or before October 5, 2019., continuously monitored secondary containment shall be visually inspected at least once every 12 months. Note: If a containment sump is not the lowest point in a piping run, then at least once every 36 months the primary piping and the secondary containment jacket interstitial space shall be integrity tested. (2) Criteria for inspection. At a minimum, the inspection must ensure that the secondary containment: (i) Is maintained free of liquids and debris if the interstice is designed to be dry; (ii) Appears to be liquid tight with no cracks, broken seals or other visual evidence of failure; and (iii) The integrity of the secondary containment must be tested in accordance with the manufacturer’s specifications and any applicable code of practice listed in §280.13 if there is evidence of failure. The presence of fluids other than the substance stored or the hydrostatic monitoring fluid within the interstice may be sufficient to require testing of the integrity. If the integrity of the secondary containment is in question, testing must be conducted unless it can be shown that the source of the fluid has been determined and the condition has been corrected. (3) Criteria for integrity testing. At a minimum, the integrity of the secondary containment must be tested in accordance with the manufacturer’s specifications and by filling the secondary containment with water or other suitable liquid to a level at least four (4) inches above the highest penetration fitting or joint and at least four (4) inches above the existing groundwater elevation and checking to ensure that no more than one-eighth inch of liquid is lost or gained over one (1) hour period. If the secondary containment is not the lowest point in the UST system, an alternate integrity test method must be proposed. Alternative test methods may be utilized only if recognized by the MDEQ as no less protective of human health and the environment than those test methods listed above. (4) Records. A written record documenting the integrity testing and of the secondary containment 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. §280.32 Operation and maintenance of corrosion protection. All owners and operators of steel UST systems with corrosion protection must comply with the following requirements to ensure that leaks due to corrosion are prevented for as long as the UST system can be used to store regulated substances: (a) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank, piping, and ancillary equipment that routinely contain regulated substances and are in contact with the soil and/or water (electrolyte). (b) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements: (1) Frequency. All cathodic protection systems must be tested within 6 months of installation and at least every 3 years thereafter or according to another reasonable time frame established by the MDEQ; and (2) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with the requirements in "Guidelines for the Evaluation of Underground Storage Tank Cathodic Protection Systems" and any applicable industry code or recommended practice listed in §280.13. (c) UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly. (d) For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with §280.35) to demonstrate compliance with the performance standards in this section. These records must provide the following: (1) The results of the last six (6) inspections required in paragraph (c) of this rule; and (2) The results of testing from the last two (2) inspections required in paragraph (b) of this rule. §280.33 Compatibility. (a) Owners and operators must use an UST system made of or lined with materials that are compatible with the substances stored in the UST system and with any soils backfill materials, interstitial monitoring fluids, groundwater or other fluids the tanks system may be exposed to either internally or externally. (b) Owners and operators with UST systems storing a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel must meet one of the following: (1) Demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment). Owners and operators may demonstrate compatibility of the UST system by using one of the following options: (i) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or (ii) Equipment or component manufacturer approval. The manufacturer’s approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or (2) Use another option determined by MDEQ to be no less protective of human health and the environment than the options listed in paragraph (b)(1) of this section. (c) Owners and operators must maintain records in accordance with §280.35(b) documenting compliance with paragraph (b) of this section for as long as the UST system can be used to store regulated substances. §280.34 Repairs and replacements allowed Owners and operators of UST systems must ensure that repairs will prevent leaks due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must be made within 90 days of an observed failure, or another timeframe as approved by MDEQ and meet the following requirements: (a) Repairs to UST systems must be properly conducted in accordance with the manufacturer's specifications and any applicable code of practice listed in §280.13. (b) Repairs to fiberglass-reinforced plastic tanks must be conducted in accordance with the manufacturer's specifications and any applicable code of practice listed in §280.13. (c) Metal pipe sections and fittings that have leaked product as a result of corrosion or other damage must be replaced. Replaced as it applies to metal pipe sections means that only the section of pipe from joint-to-joint must be replaced when repairing such a pipe system. It is not intended to imply that the entire piping system must be replaced with a secondarily contained pipe system unless more than 50 percent of the individual piping run has to be repaired. Repairs to fiberglass-reinforced plastic piping must be conducted in accordance with the manufacturer's specifications and any applicable code of practice listed in §280.13. (d) Repaired tanks and piping must be tightness tested in accordance with §280.43(c) and §280.44(b) after such repairs are complete and before the UST system is brought back into service. (e) Repairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping must have the secondary containment tested for tightness in accordance with the manufacturer's specifications and any applicable code of practice listed in §280.13 after such repairs are complete and before the UST system in brought back into service. (f) Repaired spill containment equipment and secondary containment that cannot be tightness tested must be tested in accordance with §280.30(c) and §280.31(d) after such repairs are complete and before the UST system is brought back into service. (g) Repaired dispensers, submersible pumps and other ancillary equipment that cannot be tightness tested must be visually inspected for any leaks to ensure integrity after such repairs are complete and before the UST system is brought back into service. (h) If an existing underground storage tank, pipe, dispenser, or submersible pump is replaced, the requirements in §280.20 apply only to the specific underground storage tank, pipe, dispenser, or submersible pump being replaced, not to other underground storage tanks, piping, dispensers or submersible pumps located at the underground storage tank facility. (i) The MDEQ may waive the requirement that secondary containment be installed when a dispensers or submersible pump is replaced because of an accident or for other circumstances the MDEQ deems appropriate. (j) Within 6 months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with §280.32 (b) and (c) to ensure that it is operating properly. (k) UST system owners and operators must maintain records of each repair and replacement for the remaining operating life of the UST system that demonstrate compliance with the requirements of this rule. §280.35 Reporting and recordkeeping. Owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the MDEQ, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Resource Conservation and Recovery Act, as amended. (a) Reporting. Owners and operators must submit the following information to the MDEQ: (1) Notification for all UST systems (§280.22), which includes registration and certification of installation for new and replacement UST systems (§280.20(g)); (2) Notification for registration when any person assumes ownership of an UST system (§280.22(c)); (3) A notification within 30 days of changing the status of a tank (§280.22(b)); (4) A notification before installation of new tanks, piping, dispensers, and submersible pumps (§280.22(a)); (5) Notification prior to UST systems switching to certain regulated substances listed in §280.22(g); (6) Reports of all leaks including suspected releases (§280.50), spills and overfills (§280.53), and confirmed releases (§280.61); (7) Corrective actions planned or taken including initial abatement measures (§280.62), initial site characterization (§280.63), free product removal (§280.64), investigation of soil and ground-water cleanup (§280.65), and corrective action plan (§280.66); (8) A notification before permanent closure or change-in-service (§280.71); and (9) Notification of persons trained in accordance with §280.37(d) as UST compliance managers (b) Recordkeeping. Owners and operators must maintain the following information: (1) Recent compliance with piping shear valve testing requirements (§280.20(j)); (2) Recent compliance with spill prevention testing requirements (§280.30(c)); (3) Recent compliance with overfill prevention inspection requirements (§280.30(d)); (4) Recent compliance with secondary containment inspection and testing requirements (§280.31); (5) Documentation of operation of corrosion protection equipment (§280.32); (6) Documentation of UST system repairs and replacement (§280.34); (7) Recent compliance with leak detection requirements (§280.45); (8) Results of the site investigation conducted at permanent closure (§280.74); (9) Records documenting the training of all persons trained in accordance with §280.37(d) as UST compliance managers and §280.37(e) as UST operations clerks; (10) Records documenting UST compatibility (§280.33(a)): and (11) Documentation of periodic walkthrough inspections (§ 280.38(c)). (c) Availability and maintenance of records. Owners and operators must keep the records required either: (1) At the UST site and immediately available for inspection by the MDEQ; or (2) At a readily available alternative site and be provided for inspection to the MDEQ upon request. §280.36 Delivery Prohibition Effective October 1, 2008, it shall be unlawful for any person to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the MDEQ to be ineligible for such delivery, deposit, or acceptance. (a) Classification as ineligible. (1) The MDEQ shall classify an underground storage tank as ineligible for delivery, deposit, or acceptance of a regulated substance as soon as practicable after it is determined one or more of the following conditions exists: (i) Assessed tank regulatory fees are more than 90 days past due for payment; (ii) Required spill prevention equipment is not installed; (iii) Required overfill prevention equipment is not installed; (iv) Required leak detection equipment is not installed; (v) Required corrosion protection equipment is not installed; (vi) Required secondary containment is not installed; (vii) Required shear valve is not installed or a shear valve is purposely disabled; (viii) A leak of regulated substances which presents an eminent threat of release or for which the owner/operator has not initiated repairs or an appropriate response in a timely manner; or (ix) Other conditions where MDEQ deems equipment has been purposely disabled. (2) The MDEQ may classify an underground storage tank or underground storage tank facility as ineligible for delivery, deposit, or acceptance of a regulated substance if the owner/operator of the tank system has been issued a written warning for any of the following violations and the owner/operator fails to complete corrective action within 60 days of the issuance of the written warning, unless the deadline is extended: (i) Required spill prevention equipment is not properly operated or maintained; (ii) Required overfill prevention equipment is not properly operated or maintained; (iii)Required leak detection equipment is not properly operated or maintained; (iv) Required corrosion protection equipment is not properly operated or maintained; (v) Required secondary containment is not properly operated or maintained; or (vi) Other conditions the MDEQ deems appropriate. (3) The MDEQ may defer the application of delivery prohibition if it is determined that delivery prohibition is not in the public interest. (b) Notification of ineligibility. (1) The MDEQ will provide owners/operators with a written notice of the determination of ineligibility prior to the prohibition of delivery, deposit, or acceptance of regulated substances into the tank becoming effective. The written notice may be: (i) Personally delivered to the owner/operator or the authorized representative of the owner/operator at the conclusion of the inspection or as soon as practicable thereafter; or (ii) Sent via US mail to the last known address of the owner/operator. (2) The MDEQ may provide further notification to owners/operators of the determination of ineligibility by one or more of the following: (i) Telephone; (ii) Electronic mail; (iii)Facsimile; (iv) Posting a listing of ineligible tanks on the MDEQ website; or (v) Presence of a delivery prohibition tag on the fill riser of an ineligible tank. (3) The MDEQ will notify suppliers of tanks determined to be ineligible for delivery by posting a list of ineligible tanks on the MDEQ website. Suppliers may also be notified of ineligible tanks by one or more of the following: (i) Telephone; (ii) Electronic mail; (iii) Facsimile; (iv) US mail; or (v) Presence of a delivery prohibition tag on the fill riser of an ineligible tank. (4) Owners/Operators shall document that they have notified the appropriate product suppliers when the MDEQ has made a determination of product delivery ineligibility for any tank that they own/operate. (c) Identification of ineligible underground storage tanks. Once a determination of ineligibility has been made, the MDEQ will identify those underground storage tanks by placing them on a list of ineligible tanks on the MDEQ website. The ineligible tanks may also be identified by one or more of the following: (1) Delivery prohibition tags may be placed on the fill riser or other appropriate alternative location of any ineligible tank. It shall be unlawful for anyone to remove, alter, destroy, deface or otherwise tamper with a delivery prohibition tag without valid authorization from the MDEQ; or (2) Withdrawal of the Certificate of Operation. (d) Reclassification of underground storage tanks that have reestablished compliance. The MDEQ shall reclassify any ineligible tank as eligible to receive deliveries as soon as practicable upon receipt of documentation that the conditions that caused the ineligibility have been satisfactorily corrected, the MDEQ will subsequently: (1) If present, remove the delivery prohibition tag from the tank or alternatively provide the owner/operator with the authority to remove the red tag; (2) Remove the name of the facility from the list of ineligible tanks on the MDEQ website; and (3) Provide a letter to the owner/operator stating the tank is eligible to receive product. §280.37 UST compliance manager and UST operations clerk training. To ensure UST systems are managed, operated and maintained in a compliant manner protective of human health and the environment, trained UST compliance managers and UST operations clerks must be identified for every UST facility that is operating. (a) General Requirements. (1) Owners must identify at least one person as the UST compliance manager for each of their UST facilities. (2) Owners must identify at least one person as the UST operations clerk for each of their manned, operating UST facilities. (3) Separate individuals may be identified as a UST compliance manager and a UST operations clerk or the same individual may be identified as both. (4) For manned facilities, at least one UST operations clerk must be present onsite whenever the UST system is operating. Emergency contact information and appropriate emergency response procedures shall be available at the facility. (5) For unmanned facilities, emergency contact information and appropriate emergency response procedures shall be prominently posted at the facility. (b) UST compliance manager training requirements. The training required for UST compliance managers must provide the instruction necessary to operate and maintain a UST system in compliance with all applicable MDEQ requirements including, but not limited to: (1) Notification; (2) Emergency response and release reporting; (3) Record keeping, testing, and inspections; (4) Temporary and permanent closure; (5) Release detection; (6) Spill and overfill prevention; (7) Corrosion protection; (8) UST system construction and product compatibility; (9) Financial responsibility; and (10) UST operations clerk training. (c) UST operations clerk training requirements. The training required for UST operations clerks must provide the instruction necessary to: (1) Properly respond to emergencies involving the operation of the UST system that pose an immediate danger or threat to the public or to the environment; and (2) Properly respond to alarms caused by spills, leaks or releases from an UST system. (d) Acceptable methods of UST compliance manager training. The training requirements for UST compliance managers may be satisfied by any one of the following: (1) A MDEQ approved program consisting of classroom, on-line, or hands-on training. An evaluation must be conducted after the training to measure and verify that the person has the skills necessary to maintain compliance with the applicable UST rules and regulations. Examples of evaluation include written testing, practical demonstration, or other tools acceptable to MDEQ; or (2) A MDEQ approved examination designed to measure and verify that the person tested has the skills necessary to maintain compliance with the applicable UST rules and regulations; or (3) Training that is determined by MDEQ to be no less protective of human health and the environment as the methods described in paragraphs (1) and (2) of this section. (e) Acceptable methods of UST operations clerk training. The training requirements for UST operations clerks may be satisfied by any one of the following: (1) Training conducted by the UST compliance manager that includes, at a minimum, the requirements in §280.37(c). (2) Training that is determined by MDEQ to be no less protective of human health and the environment as the method described in paragraph (1) of this rule. (f) Schedule for training. (1) Owners shall ensure that UST compliance managers and UST operations clerks for each of their UST facilities is trained no later than August 8, 2012. (i)After August 8, 2012, any new UST compliance manager must be trained in accordance with §280.37(d) within 30 days of assuming UST system compliance responsibilities. (2) After August 8, 2012, any new UST operations clerk must be trained in accordance with §280.37(e) before assuming UST clerk responsibility (3) Retraining. If a UST facility is determined by MDEQ to be out of significant operational compliance, the UST compliance manager must be retrained in accordance with §280.37(d) or a new compliance manager designated for that facility.