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 and before January 1, 2017 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 before January 1, 2017, 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 Director 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.

  (f) To meet the requirements of 40 CFR 280.20, all tanks and product piping that are installed or replaced as part of an underground storage tank system on or after January 1, 2017 shall be secondarily contained and use interstitial monitoring in accordance with 40 CFR 280.43(g).