NDAC 33.1-24-08-22
Compatibility
Cite as N.D. Admin. Code ยง 33.1-24-08-22
1.
Owners and operators must use an underground storage tank system made of or lined with
materials that are compatible with the substance stored in the underground storage tank
system.
2.
Owners and operators must notify the department at least thirty days prior to switching to a
regulated substance containing greater than ten percent ethanol, greater than twenty percent
biodiesel, or any other regulated substance identified by the department. In addition, owners
and operators with underground storage tank systems storing these regulated substances
must meet one of the following:
a.
Demonstrate compatibility of the underground storage tank 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 underground storage tank system by using one of the following options:
(1)
Certification or listing of underground storage tank system equipment or
components by a nationally recognized, independent testing laboratory for use with
the regulated substance stored; or
(2)
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
b.
Use another option determined by the department to be no less protective of human
health and the environment than the options listed in subdivision a.
3.
Owners and operators must maintain records in accordance with subsection 2 of section
33.1-24-08-24 documenting compliance with subsection 2 for as long as the underground
storage tank system is used to store the regulated substance.
NOTE: The following code of practice may be useful in complying with this section: American
Petroleum Institute Recommended Practice 1626, "Storing and Handling Ethanol and
Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations".