No. 31496 (Amendment): R311-203. Underground Storage Tanks: Notification, New Installations, Registration Fees, and Testing Requirements

DAR File No.: 31496
Filed: 05/29/2008, 10:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes (addition of Section R311-203-6) are proposed to implement the "Additional Measures to Protect Groundwater" provision of the 2005 federal Energy Policy Act. State underground storage tank (UST) programs are required to implement one of the two options allowed. Other changes are proposed to help ensure that compatibility problems that may result from the use of alternative fuels in USTs do not occur (Section R311-203-2), clarify the requirements for notification and submittal of as-built drawings when USTs or UST system components are installed (Section R311-203-3), and provide for more accurate testing of UST cathodic protection systems (Section R311-203-5).

Summary of the rule or change:

Section R311-203-2 adds a requirement that UST owner/operators notify the Executive Secretary before using an underground storage tank to store an alternative fuel. The notification shall be made at least 10 days, or another allowed time period, before storing the alternative fuel in the tank. A requirement that owner/operators include the facility latitude and longitude with notifications is removed. Subsections R311-203-3(a) and (b) are reorganized for clarification, and the requirement that UST installers notify the Executive Secretary 30 days before installing USTs or certain components is changed to 10 days, or another approved time period. A requirement for notification before installation of containment sumps and under-dispenser containment is added, and the requirements for notification before installation of automatic line leak detectors and replacement or repair of valves, dispensers, or leak detection system components are removed. The requirement that an UST owner/operator submit an as-built drawing after installation of USTs or certain components is moved from Subsection R311-203-3(e) to R311-203-3(g), and the list of items to be shown in the drawing is moved to the definition of "As-built drawing" in Section R311-200-1. Section R311-203-5 is modified to specify that UST cathodic protection tests include at least three test points per tank, and require that a follow-up test be performed after any below-grade work that may harm the integrity of the cathodic protection system. Section R311-203-6 is added. It requires that underground storage tanks and piping that are installed after 10/01/2008 have secondary containment and under-dispenser containment if the installation is 1,000 feet or less from a community water system or an existing potable drinking water well. The secondary containment must be monitored for leaks. The rule provides for situations in which less than a complete UST system is installed, and provides exemptions for certain types of piping installations. The rule specifies how an owner/operator may obtain an exemption from the requirements by documenting that the installation is not within 1,000 feet of a community water system or existing potable drinking water well.

State statutory or constitutional authorization for this rule:

Sections 19-6-105 and 19-6-408, and 42 USC 6991b(i)

Anticipated cost or savings to:

the state budget:

A state agency acting as an underground storage tank owner could incur an additional cost of up to approximately $30,000 for a new UST system with secondary containment and under-dispenser containment, compared to the cost of a single-walled system with no containment. The aggregate cost would depend on the number of tanks installed. The cost of an additional cathodic protection test required after work that may harm the integrity of the system is approximately $125 to $150 per tank tested. The aggregate cost would depend on the number of tanks tested.

local governments:

A local government acting as an underground storage tank owner could incur an additional cost of up to approximately $30,000 for a new UST system with secondary containment and under-dispenser containment, compared to the cost of a single-walled system with no containment. The aggregate cost would depend on the number of tanks installed. The cost of an additional cathodic protection test required after work that may harm the integrity of the system is approximately $125 to $150 per tank tested. The aggregate cost would depend on the number of tanks tested.

small businesses and persons other than businesses:

A business or other affected person acting as an underground storage tank owner could incur an additional cost of up to approximately $30,000 for a new UST system with secondary containment and under-dispenser containment, compared to the cost of a single-walled system with no containment. The aggregate cost would depend on the number of tanks installed in the state, which has been approximately 70 tanks per year for the past 5 calendar years. The cost of an additional cathodic protection test required after work that may harm the integrity of the system is approximately $125 to $150 per tank tested. The aggregate cost would depend on the number of tanks tested.

Compliance costs for affected persons:

It is anticipated that the installation of secondary containment (generally double-walled tanks and piping with containment sumps for the piping) and under-dispenser containment would add up to approximately $30,000 to the cost of an underground storage tank system, when compared to the cost of a single-walled system with no containment. This per-tank additional cost would be borne by an UST owner/operator that contracts to install a new UST system. The cost of an additional cathodic protection test to be required after work that may affect the integrity of the cathodic protection system would be approximately $125 to $150 per tank. The other proposed changes involve notification requirements and would not involve any significant additional cost. The requirement for submittal of an as-built drawing for new UST installations is already in rule, and is only moved and modified for clarification.

Comments by the department head on the fiscal impact the rule may have on businesses:

The requirement for secondary containment and under-dispenser containment add a significant amount to the cost of a new underground tank system, but does not represent a significant change from current tank installation trends. The majority of the tanks and piping that are installed today have secondary containment (double-walled) and have dispenser containment. Virtually all installations include an automatic monitoring system capable of providing secondary containment monitoring for leaks. Over the last 5 years, approximately 75% of the tanks and 90% of the piping that have been installed in Utah have been double-walled, and greater than 90% of the tanks installed have containment under the dispensers. The containment and monitoring requirements should prevent many releases of fuel from reaching the environment. This will save the UST owner the cost of cleaning up a significant release, and will help reduce cleanup expenses from the Petroleum Storage Tank Trust Fund. Richard W. Sprott, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Environmental Response and Remediation
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Gary Astin at the above address, by phone at 801-536-4103, by FAX at 801-359-8853, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2008

Interested persons may attend a public hearing regarding this rule:

7/01/2008 at 2:00 PM, Department of Environmental Quality, 168 N 1950 W, Room 101, Salt Lake City, UT

This rule may become effective on:

08/18/2008

Authorized by:

Brad T Johnson, Director

RULE TEXT

R311. Environmental Quality, Environmental Response and Remediation.

R311-203. Underground Storage Tanks: [Notification, New Installations, Registration Fees, and Testing Requirements]Technical Standards.

R311-203-1. Definitions.

Definitions are found in [Section]Rule R311-200.

 

R311-203-2. Notification.

(a) The owner or operator of an underground storage tank shall notify the Executive Secretary whenever:

(1) new USTs are brought into use;

(2) the owner or operator changes;

(3) changes are made to the tank or piping system;[ or]

(4) release detection, corrosion protection, or spill or overfill prevention systems are installed, changed or upgraded[.], and

(5) whenever an alternative fuel is stored in the tank.

(b) All notifications shall be submitted on the current approved notification form[ within 30 days of the completion of the work or the change of ownership.

(c) Notifications shall include the latitude and longitude of the facility].

(1) Notifications submitted to meet the requirements of R311-203-2(a)(1) through (4) shall be submitted within 30 days of the completion of the work or the change of ownership.

(2) Notifications submitted to meet the requirement of R311-203-2(a)(5) shall be submitted at least 10 days, or another time period approved by the Executive Secretary, prior to storing an alternative fuel in the tank.

([d]c) To satisfy the requirement of Subsection 19-6-407(1)(c) the certified installer shall:

(1) complete the appropriate section of the notification form to be submitted by the owner or operator, and ensure that the notification form is submitted by the owner or operator within 30 days of completion of the installation; or

(2) provide separate notification to the Executive Secretary within 60 days of the completion of the installation.

 

R311-203-3. New Installations, Permits.

(a) Certified UST installers [who intend to perform any of the activities listed in R311-203-3(c) or R311-203-3(d)(1) through (4) ]shall notify the Executive Secretary at least [3]10 days, or another time period approved by the Executive Secretary, before commencing [the activity.]any of the following activities:

(1) the installation of a full UST system or tank only;

(2) the installation of underground product piping for one or more tanks at a facility, separate from the installation of one or more tanks at a facility;

(3) the internal lining of a previously-existing tank;

(4) the installation of a cathodic protection system on one or more previously-existing tanks at a facility where the structural integrity of the UST was required to be assessed, or where there is no documentation of a properly-working cathodic protection system on the UST within 10 years of the proposed upgrade;

(5) the installation of a bladder in a tank;

(6) any retro-fit, replacement, or installation that requires the cutting of a manway into the tank;

(7) the installation of a spill prevention or overfill prevention device;

(8) the installation of a leak detection monitoring system; and

(9) the installation of a containment sump or under-dispenser containment.

(b) The UST installation company shall submit to the Executive Secretary an UST installation permit fee of $200 when any of the activities listed in R311-203-3(a)(1) through (6) is performed on an UST system that has not qualified for a certificate of compliance before the commencement of the work.

([b]c) The fees assessed under 19-6-411(2)(a)(i) shall be determined based on the number of full UST installations performed by the installation company in the 12 months previous to the fee due date. Installations for which the fee assessed under 19-6-411(2)(a)(ii) and R311-203-3(c) is charged shall count toward the total installations for the 12-month period.[

(c) The UST installation company shall submit to the Executive Secretary an UST installation permit fee of $200 when the following work is performed on an UST system that has not qualified for a certificate of compliance before the commencement of the work:

(1) each full UST system installation;

(2) the installation of underground product piping for one or more tanks at a facility, separate from the installation of one or more tanks at a facility;

(3) the internal lining of a previously-existing tank;

(4) the installation of a cathodic protection system on one or more previously-existing tanks at a facility where the structural integrity of the UST was required to be assessed, or there is no documentation of a properly working cathodic protection system on the UST within 10 years of the proposed upgrade;

(5) the installation of a bladder in a tank, or any other retro-fit, replacement, or installation that requires the cutting of a manway into the tank, or

(6) installation of other UST system components as determined by the Executive Secretary.

(d) The UST installation permit fee shall not be required when the following activities are performed separately from the activities listed in R311-203-3(c):

(1) installation of spill prevention devices;

(2) installation of overfill prevention devices;

(3) installation of a leak detection monitoring system;

(4) installation of an automatic line leak detector; or

(5) replacement or repair of valves, dispensers, or leak detection system components.

(e) When a new UST system, tank only, or product piping only is installed, the owner or operator shall submit to the Executive Secretary a site plat or an as-built drawing, to scale, which shall include: the excavation, buildings, tanks, product lines, vent lines, cathodic protection systems, tank leak detection systems, and product line leak detection systems.]

([f]d) For the purposes of Subsections 19-6-411(2)(a)(ii), 19-6-407(1)(c), and R311-203-2([d]c), an installation shall be considered complete when:

(1) in the case of installation of a new UST system, tank only, or product piping only, the new installation first holds a regulated substance; or

(2) in the case of installation of the components listed in Subsections R311-203-3([c]a)(3) through [R311-203-3(c)](a)(6), the new installation is functional and the UST holds a regulated substance and is operational.

([g]e) If, before completion of an installation for which an UST installation permit fee is required, the owner or operator decides to install additional UST system components, the installer shall notify the Executive Secretary of the change. When additions are made, the UST installation permit fee shall not be increased unless the original UST installation permit fee would have been higher had the addition been considered at the time the original fee was determined.

([h]f) The number of UST installation companies performing work on a particular installation shall not be a factor in determining the UST installation permit fee for that installation. However, each installation company shall identify itself at the time the UST installation permit fee is paid.

(g) When a new UST system, tank only, product piping only, or new cathodic protection system is installed, the owner or operator shall submit to the Executive Secretary an as-built drawing, to scale, that meets the requirements of R311-200-1(b)(3).

 

R311-203-5. UST Testing Requirements.

(a) Tank tightness testing. The testing method must be able to test the UST system at the maximum level that could contain regulated substances. Tanks with overfill prevention devices that prevent product from entering the upper portion of the tank may be tested at the maximum level allowed by the overfill device.

(b) Automatic line leak detector testing. Line leak detectors shall be tested annually for functionality according to 40 CFR 280.44(a) and R311-200-1(b)([3]4). An equivalent test may be approved by the Executive Secretary. The test shall simulate a leak and provide a determination based on the test whether the leak detector functions properly and meets the requirements of 40 CFR 280.44(a). If a sump sensor is used as an automatic line leak detector, the sensor shall be located as close as is practical to the lowest portion of the sump.

(c) Containment sump testing. When a sump sensor is used as a leak detector, the secondary containment sump shall be tested for tightness annually according to the manufacturer's guidelines or standards, or by another method approved by the Executive Secretary.

(d) Cathodic protection testing. Cathodic protection tests shall meet the inspection criteria outlined in 40 CFR 280.31(b)(2), or other criteria approved by the Executive Secretary. The tester who performs the test shall provide the following information: location of at least three test points per tank, test results in volts or millivolts, pass/fail determination for each tank, line, flex connector, or other UST system component tested, the criteria by which the pass/fail determination is made, and a site plat showing locations of test points. A re-test of any cathodic protection system is required within six months of any below-grade work that may harm the integrity of the system.

(e) UST testers performing tank and line tightness testing shall include the following as part of the test report: pass/fail determination for each tank or line tested, the measured leak rate, the test duration, the product level for tank tests, the pressure used for pressure tests, the type of test, and the test equipment used.

 

R311-203-6. Secondary Containment and Under-dispenser Containment.

(a) Secondary containment for tanks and piping.

(1) To meet the requirements of Section 42 USC 6991b(i) of the Solid Waste Disposal Act, all tanks and product piping that are installed as part of an underground storage tank system after October 1, 2008 shall have secondary containment if the installation is located 1000 feet or less from an existing community water system or an existing potable drinking water well.

(2) The secondary containment installed under Subsection (a) shall meet the requirements of 40 CFR 280.42(b), and shall be monitored monthly for releases from the tank and piping. Monthly monitoring shall meet the requirements of 40 CFR 280.43(g).

(3) Containment sumps for piping that is installed under Subsection (a) shall be required:

(A) at the submersible pump or other location where the piping connects to the tank;

(B) where the piping connects to a dispenser, or otherwise goes above-ground; and

(C) where double-walled piping that is required under Subsection (a) connects with existing piping.

(4) Containment sumps for piping that is installed under Subsection (a) shall:

(A) contain submersible pumps, check valves, unburied risers, flexible connectors, and other transitional components that connect the piping to the tank, dispenser, or existing piping; and

(B) meet the requirements of Subsections (b)(2)(A) through (C).

(5) In the case of a replacement of tank or piping, only the portion of the UST system being replaced shall be subject to the requirements of Subsection (a). If less than 100 percent of the piping from a tank to a dispenser is replaced, the requirements of Subsection (a) shall apply to all new product piping that is installed. The closure requirements of R311-205 shall apply to all product piping that is taken out of service. When new piping is connected to existing piping that is not taken out of service, the connection between the new and existing piping shall be secondarily contained, and shall be monitored for releases according to 40 CFR 280.43(g).

(6) The requirements of Subsection (a) shall not apply to:

(A) piping that meets the requirements for "safe suction" piping in 40 CFR 280.41(b)(2)(i) through (v), or

(B) piping that connects two or more tanks to create a siphon system.

(7) The requirements of Subsection (a) shall apply to emergency generator USTs installed after October 1, 2008.

(b) Under-dispenser containment.

(1) To meet the requirements of Section 42 USC 6991b(i) of the Solid Waste Disposal Act, all new motor fuel dispenser systems installed after October 1, 2008, and connected to an underground storage tank, shall have under-dispenser containment if the installation is located 1000 feet or less from an existing community water system or an existing potable drinking water well.

(2) The under-dispenser containment shall:

(A) be liquid-tight on its sides, bottom, and at all penetrations;

(B) be compatible with the substance conveyed by the piping; and

(C) allow for visual inspection and access to the components in the containment system, or shall be continuously monitored for the presence of liquids.

(3) If an existing dispenser is replaced, the requirements of Subsection (b) shall apply to the new dispenser if any equipment used to connect the dispenser to the underground storage tank system is replaced. This equipment includes unburied flexible connectors, risers, and other transitional components that are beneath the dispenser and connect the dispenser to the product piping.

(c) The requirements of Subsections (a) and (b) shall not apply if the installation is located more than 1000 feet from an existing community water system or an existing potable drinking water well.

(1) The UST owner or operator shall provide to the Executive Secretary documentation to show that the requirements of Subsections (a) and (b) to not apply to the installation. The documentation shall be provided at least 60 days before the beginning of the installation, and shall include:

(A) a detailed to-scale map of the proposed installation that demonstrates that no part of the installation is within 1000 feet of any community water system, potable drinking water well, or any well the owner or operator plans to install at the facility, and

(B) a certified statement by the owner or operator explaining who researched the existence of a community water system or potable drinking water well, how the research was conducted, and how the proposed installation qualifies for an exemption from the requirements of Subsections (a) and (b).

(d) To determine whether the requirements of Subsections (a) and (b) apply, the distance from the UST installation to an existing community water system or existing potable drinking water well shall be measured from the closest part of the new underground tank, piping, or motor fuel dispenser system to:

(1) the closest part of the nearest community water system, including:

(A) the location of the wellheads for groundwater and/or the location of the intake points for surface water;

(B) water lines, processing tanks, and water storage tanks; and

(C) water distribution/service lines under the control of the community water system operator, or

(2) the wellhead of the nearest existing potable drinking water well.

(e) If a new underground storage tank facility is installed, and is not within 1000 feet of an existing community water system or an existing potable drinking water well, the requirements of Subsections (a) and (b) apply if the owner or operator installs a potable drinking water well at the facility that is within 1000 feet of the underground tanks, piping, or motor fuel dispenser system, regardless of the sequence of installation of the UST system, dispenser system, and well.

 

KEY: fees, hazardous substances, petroleum, underground storage tanks

Date of Enactment or Last Substantive Amendment: [September 9, 2004]2008

Notice of Continuation: April 18, 2007

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-408