(1)
Performance standards for new UST systems. In order to prevent
releases 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. The UST
system must be secondarily contained in accordance with subrule 135.3(9).
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:
(1)
The tank is constructed of fiberglass-reinforced plastic; or
NOTE: The following codes of practice may be used to comply
with subparagraph 135.3(1)"a" (1) : Underwriters Laboratories
Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for
Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures" or Underwriters
Laboratories of Canada S615, "Standard for Reinforced Plastic Underground Tanks
for Flammable and Combustible Liquids."
(2) The tank is constructed of steel and
cathodically protected in the following manner:
1. The tank is coated with a suitable
dielectric material;
2.
Field-installed cathodic protection systems are designed by a corrosion
expert;
3. Impressed current
systems are designed to allow determination of current operating status as
required in paragraph 135.4(2)"c." This shall be accomplished
by providing the rectifier with ampere and voltage meters that can be read by
the owner and operator for comparison to the design standard set by the
corrosion expert or a device that can warn the owner and operator when changes
in ampere and voltage occur outside the design standard set by the corrosion
expert;
4. Cathodic protection
systems are operated and maintained in accordance with subrule 135.4(2) or
according to guidelines established by the department; and
5. Impressed current systems must be designed
not to cause stray current that can damage other underground structures (metal
electrical conduits, water lines, gas lines, etc.); or
NOTE: The following codes of practice may be used to comply
with subparagraph 135.3(1)"a" (2):
* Steel Tank Institute "Specification STI-P3®
Specification and Manual for External Corrosion Protection of Underground Steel
Storage Tanks";
* Underwriters Laboratories Standard 1746, "External
Corrosion Protection Systems for Steel Underground Storage Tanks";
* Underwriters Laboratories of Canada S603, "Standard for
Steel Underground Tanks for Flammable and Combustible Liquids," and S603.1,
"Standard for External Corrosion Protection Systems for Steel Underground Tanks
for Flammable and Combustible Liquids," and S631, "Standard for Isolating
Bushings for Steel Underground Tanks Protected with External Corrosion
Protection Systems";
* Steel Tank Institute Standard F841, "Standard for Dual Wall
Underground Steel Storage Tanks"; or
* NACE International Standard Practice SP 0285, "External
Corrosion Control of Underground Storage Systems by Cathodic Protection," and
Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks
for Flammable and Combustible Liquids."
(3) The tank is constructed of steel and clad
or jacketed with a noncorrodible material; or
NOTE: The following industry codes may be used to comply with
subparagraph 135.3(1)"a" (3):
* Underwriters Laboratories Standard 1746, "Corrosion
Protection Systems for Underground Storage Tanks";
* Steel Tank Institute ACT-100® Specification F894,
"Specification for External Corrosion Protection of FRP Underground Storage
Tanks";
* Steel Tank Institute ACT-100-U® Specification F961,
"Specification for External Corrosion Protection of Composite Steel Underground
Storage Tanks"; or
* Steel Tank Institute Specification F922, "Steel Tank
Institute Specification for Permatank®."
(4) The tank is constructed of metal without
additional corrosion protection measures provided that:
1. The tank is installed at a site that is
determined by a corrosion expert not to be corrosive enough to cause it to have
a release due to corrosion during its operating life; and
2. Owners and operators maintain records that
demonstrate compliance with the requirements of paragraph
135.3(1)"a" (4)"1" for the remaining life of the tank;
or
(5) The tank
construction and corrosion protection are determined by the department to be
designed to prevent the release or threatened release of any stored regulated
substance in a manner that is no less protective of human health and the
environment than subparagraphs 135.3(1)"a" (1) to
(4).
b.
Piping. The piping that routinely contains regulated
substances and is in contact with the ground must be properly designed,
constructed, and protected from corrosion in accordance with a code of practice
developed by a nationally recognized association or independent testing
laboratory as specified in this rule. This includes piping for remote tank fill
locations.
All piping must have secondary containment, installed
according to manufacturer's specifications, and be compatible with the product
stored and the environment to which it will be exposed. Piping must maintain
its original specifications and structural integrity. Piping whose structural
integrity has degraded must be replaced. All piping installations must meet
National Fire Prevention Association Standard 30 and Standard 30A or the
International Fire Code as adopted by the Iowa state fire marshal in
661-Chapter 221, "Flammable and Combustible Liquids."
(1) The piping is constructed of a
noncorrodible material; or
NOTE: The following codes of practice may be used to comply
with subparagraph 135.3(1)"b" (1):
* Underwriters Laboratories Standard 971, "Nonmetallic
Underground Piping for Flammable Liquids"; or
* Underwriters Laboratories of Canada Standard S6660,
"Standard for Nonmetallic Underground Piping for Flammable and Combustible
Liquids."
(2) The piping is
constructed of steel and cathodically protected in the following manner:
1. The piping is coated with a suitable
dielectric material;
2.
Field-installed cathodic protection systems are designed by a corrosion
expert;
3. Impressed current
systems are designed to allow determination of current operating status as
required in paragraph 135.4(2)"c" ; and
4. Cathodic protection systems are operated
and maintained in accordance with subrule 135.4(2) or guidelines established by
the department; or
NOTE: The following codes of practice may be used to comply
with subparagraph 135.3(1)"b" (2):
* American Petroleum Institute Recommended Practice 1632,
"Cathodic Protection of Underground Petroleum Storage Tanks and Piping
Systems";
* Underwriters Laboratories Subject 971A, "Outline of
Investigation for Metallic Underground Fuel Pipe";
* Steel Tank Institute Recommended Practice R892,
"Recommended Practice for Corrosion Protection of Underground Piping Networks
Associated with Liquid Storage and Dispensing Systems";
* NACE International Standard Practice SP 0169, "Control of
External Corrosion on Underground or Submerged Metallic Piping Systems";
* NACE International Standard Practice SP 0285, "External
Corrosion Control of Underground Storage Tank Systems by Cathodic Protection";
or
* National Fire Protection Association Standard 30,
"Flammable or Combustible Liquids Code."
(3) The piping is constructed of metal
without additional corrosion protection measures provided that:
1. The piping is installed at a site that is
determined by a corrosion expert to not be corrosive enough to cause it to have
a release due to corrosion during its operating life; and
2. Owners and operators maintain records that
demonstrate compliance with the requirements of paragraph
135.3(1)"b" (3)"1" for the remaining life of the piping;
or
(4) The piping
construction and corrosion protection are determined by the department to be
designed to prevent the release or threatened release of any stored regulated
substance in a manner that is no less protective of human health and the
environment than the requirements in subparagraphs 135.3(1)"b"
(1) to (3).
c.
Spill and overfill prevention equipment.
(1) Except as provided in subparagraph
135.3(1)
"b" (2), to prevent spilling and overfilling
associated with product transfer to the UST system, owners and operators must
use the following spill and overfill prevention equipment:
1. Spill prevention equipment that will
prevent release of product to the environment when the transfer hose is
detached from the fill pipe (for example, a spill catchment basin);
and
2. Overfill prevention
equipment that will:
*Automatically shut off flow into the tank when the tank is
no more than 95 percent full; or
* Alert the transfer operator when the tank is no more than
90 percent full by restricting the flow into the tank (not allowed for suction
product delivery systems, for tanks with stage 1 vapor recovery or when product
delivery is by pumping) or triggering a high-level alarm; or
* Restrict flow 30 minutes prior to overfilling, alert the
transfer operator with a high-level alarm one minute before overfilling, or
automatically shut off the flow into the tank so that none of the fittings
located on top of the tank are exposed to product due to overfilling.
(2) Owners and operators
are not required to use the spill and overfill prevention equipment specified
in subparagraph 135.3(1)
"b" (1) if:
1. Alternative equipment is used that is
determined by the department to be no less protective of human health and the
environment than the equipment specified in paragraph
135.3(1)"b" (1) "1" or "2"; or
2. The UST system is filled by transfers of
no more than 25 gallons at one time.
(3) Flow restrictors used in vent lines may
not be used to comply with paragraph 135.3(1)"c"(1) "2" when
overfill prevention is installed or replaced.
(4) Spill and overfill prevention equipment
must be periodically tested or inspected in accordance with subrule
135.4(12).
(5) Spill prevention
equipment must be kept free of any liquid and debris. Any liquid or debris must
be removed prior to product delivery.
d.
Installation. The UST
system must be properly installed in accordance with a code of practice
developed by a nationally recognized association or independent testing
laboratory and in accordance with the manufacturer's instructions. The UST
system installation shall be conducted by an installer licensed by the
department under 567-Chapter 134, Part C, and in accordance with 567-subrules
134.24(3) and 134.24(4).
NOTE: Tank and piping system installation practices and
procedures described in the following codes may be used to comply with the
requirements of paragraph 135.3(1)"d" :
* American Petroleum Institute Publication 1615,
"Installation of Underground Petroleum Storage System";
* Petroleum Equipment Institute Publication RP100,
"Recommended Practices for Installation of Underground Liquid Storage Systems";
or
* National Fire Protection Association Standard 30,
"Flammable and Combustible Liquids Code," and 30A, "Code for Motor Fuel
Dispensing Facilities and Repair Garages."
e.
Certification of
installation. All owners and operators must ensure that the following
methods of certification, testing, and inspection are used to demonstrate
compliance with paragraph 135.3(1)
"d" by providing a
certification of compliance on the UST registration form in accordance with
subrule 135.3(3).
(1) The installer is
licensed by the department as provided in 567-Chapter 134, Part C;
and
(2) The installation has been
inspected by a licensed installation inspector as required by 567-Chapter 134,
Part C.
f.
Dispenser systems. Each UST system must be equipped with
under-dispenser containment (UDC) for any new or replaced dispenser system.
(1) A dispenser system is considered new when
both the dispenser and the equipment needed to connect the dispenser to the
underground storage tank system are installed at a location where there
previously was no dispenser (new UST system or new dispenser location at an
existing UST system). The equipment necessary to connect the dispenser to the
underground storage tank system includes check valves, shear valves, unburied
risers or flexible connectors, or other transitional components that are
underneath the dispenser and connect the dispenser to the underground
piping.
(2) UDC shall be installed
whenever an existing dispenser system is removed and replaced with another
dispenser and the equipment used to connect the dispenser to the underground
storage tank system is replaced. This equipment includes flexible connectors or
risers or other transitional components that are beneath the dispenser and
connect the dispenser to the piping. UDC is not required when only the
emergency shutoff or shear valves or check valves are replaced.
(3) UDC shall be installed beneath the
dispenser whenever ten feet or more of piping is repaired or replaced within
ten feet of a dispenser.
(4) UDC
must be liquid-tight on its sides, bottom, and at any penetrations. UDC must
allow for visual inspection and access to the components in the containment
system or be periodically monitored for leaks from the dispenser system.
(2)
Upgrading of existing UST systems. Owners and operators must
permanently close any UST system that does not meet the new UST system
performance standards or has not been upgraded in accordance with paragraphs
135.3(2)
"b" through
"d." This subrule does not
apply to previously deferred UST systems. Upgrading is no longer allowed for
UST systems not upgraded by December 22, 1998.
a.
Alternatives allowed. Not
later than December 22, 1998, all existing UST systems had to comply with one
of the following requirements:
(1) New UST
system performance standards under 135.3(1);
(2) The upgrading requirements in
paragraphs"b" through"d" below; or
(3) Closure requirements under rule
567-135.15 (455B), including
applicable requirements for corrective action under rules
567-135.7 (455B) to
567-135.12 (455B).
Replacement or upgrade of a tank system on a petroleum
contaminated site classified as a high or low risk in accordance with rule
567-135.12(455B) shall be a double wall tank or a tank equipped with a
secondary containment system with monitoring of the space between the primary
and secondary containment structures in accordance with paragraph
135.5(4)"g."
b.
Tank upgrading
requirements. Steel tanks had to be upgraded to meet one of the
following requirements in accordance with a code of practice developed by a
nationally recognized association or independent testing laboratory:
(1)
Interior lining. Tanks
upgraded by internal lining must meet the following:
1. The lining was installed in accordance
with the requirements of subrule 135.4(4), and
2. Within ten years after lining, and every
five 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.
3. If the
internal lining is no longer performing in accordance with original design
specifications and cannot be repaired in accordance with a code of practice
developed by a nationally recognized association or independent testing
laboratory, the lined tank must be permanently closed in accordance with rule
567-135.15
(455B).
(2)
Cathodic protection. Tanks upgraded by cathodic protection
meet the requirements of paragraphs 135.3(1)
"a" (2)"2," "3,"
and "4" and the integrity of the tank was ensured using one of the following
methods:
1. The tank was internally inspected
and assessed to ensure that the tank was structurally sound and free of
corrosion holes prior to installing the cathodic protection system;
or
2. The tank had been installed
for less than ten years and is monitored monthly for releases in accordance
with 135.5(4)"d" through"i" ; or
3. The tank had been installed for less than
ten years and was assessed for corrosion holes by conducting two tightness
tests that meet the requirements of paragraph 135.5(4)"c." The
first tightness test must have been conducted prior to installing the cathodic
protection system. The second tightness test must have been conducted between
three and six months following the first operation of the cathodic protection
system; or
4. The tank was assessed
for corrosion holes by a method that is determined by the department to prevent
releases in a manner that is no less protective of human health and the
environment than paragraphs 135.3(2)"b" (2)"1" to
"3."
(3)
Internal
lining combined with cathodic protection. Tanks upgraded by both
internal lining and cathodic protection must have met the following:
1. The lining was installed in accordance
with the requirements of subrule 135.4(4); and
2. The cathodic protection system was
installed within six months of lining installation and meets the requirements
of paragraphs 135.3(1)
"a" (2)"2," "3," and "4."
NOTE regarding paragraph 135.3(2)"b" : The
following historical codes of practice were listed as options for complying
with paragraph 135.3(2)"b" :
* American Petroleum Institute Publication 1631, "Recommended
Practice for the Interior Lining of Existing Steel Underground Storage
Tanks";
* National Leak Prevention Association Standard 631, "Spill
Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks
by Lining Without the Addition of Cathodic Protection";
* National Association of Corrosion Engineers Standard
RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried,
or Submerged Liquid Storage Systems"; and
* American Petroleum Institute Publication 1632, "Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems."
NOTE regarding paragraph 135.3(2)"b" (1)
"2": The following codes of practice may be used to comply with the periodic
lining inspection requirement of this subrule:
* American Petroleum Institute Recommended Practice 1631,
"Interior Lining and Periodic Inspection of Underground Storage Tanks";
* National Leak Prevention Association Standard 631, Chapter
B, "Future Internal Inspection Requirements for Lined Tanks";
* Ken Wilcox Associates Recommended Practice, "Recommended
Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera";
or
* Underwriters Laboratories (UL) 1856 Underground Fuel Tank
Internal Retrofit Systems.
c.
Piping upgrading
requirements. Metal piping that routinely contains regulated
substances and is in contact with the ground must be cathodically protected in
accordance with a code of practice developed by a nationally recognized
association or independent testing laboratory and must meet the requirements of
paragraphs 135.3(1)
"b" (2)"2," "3," and "4."
NOTE: The codes of practice listed in the note following
subparagraph 135.3(1)"b" (2) may be used to comply with this
requirement.
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 UST system spill and overfill prevention equipment
requirements specified in paragraph 135.3(1)"c."
(3)
Registration and
notification requirements.
a. Except
as provided in paragraph 135.3(3)"b," the owner of an
underground storage tank existing on or before July 1, 1985, shall complete and
submit to the department a copy of the registration form provided by the
department.
b. The owner of an
underground storage tank system taken out of operation between January 1, 1974,
and July 1, 1985, shall complete and submit to the department a copy of the
registration form provided by the department unless the owner knows the tank
has been removed from the ground. For purposes of this subrule, "owner" means
the person who owned the tank immediately before the discontinuation of the
tank's use.
c. An owner or operator
who brings into use an underground storage tank system after July 1, 1985,
shall complete and submit to the department a copy of the registration form
provided by the department within 30 days of the final installation inspection
required in 567-paragraph 134.27(2)"c" by a licensed
installation inspector. The owner or operator shall not allow the deposit of
any regulated substance into the tank without prior approval of the department
or until the permanent registration tag and annual tank tag have been attached
to the tank fill pipe and the tank system is covered by an approved financial
responsibility mechanism in accordance with 567-Chapter 136.
d. All owners and operators of new UST
systems must provide UST system details and a site diagram, and certify in the
registration form compliance with the following requirements:
(1) Installation of tanks and piping under
paragraph 135.3(1)"e" ;
(2) Cathodic protection of steel tanks and
piping under paragraphs 135.3(1)"a" and"b"
;
(3) Financial responsibility
under 567-Chapter 136;
(4) Release
detection methods under subrules 135.5(2) and 135.5(3);
(5) Class A, B and C operator certification
under subrule 135.4(6);
(6) NESHAP
Stage 1 vapor recovery.
e. All owners and operators of new UST
systems must ensure that the licensed installer certifies in the registration
form that the methods used to install the tanks and piping comply with the
requirements in paragraph 135.3(1)"d."
f. Exemption from reporting requirement.
Paragraphs 135.3(1)
"a" to
"c" do not apply to
an underground storage tank for which notice was given pursuant to Section 103,
Subsection c, of the Comprehensive Environmental Response, Compensation and
Liabilities Act of 1980. (
42 U.S.C. Subsection 9603(c))
g. Reporting fee. The registration form
submitted by the owner to the department under paragraphs
135.3(1)"a" to "c" shall be accompanied by a
fee of $10 for each tank included in the form.
h. Notification requirement for installing a
tank. A person installing an underground storage tank and the owner or operator
of the underground storage tank must notify the department of their intent to
install the tank 30 days prior to installation. Notification shall be on a form
provided by the department.
i.
Notification requirements for a person who acquires, sells, installs, modifies
or repairs a UST system.
(1) A person, company
or lending institution that assumes ownership or operation of a regulated
underground storage tank must submit notification to the department on a form
provided by the department within 30 days of acquisition and prior to tank
operation. The owner must include copies of training certificates for the Class
A and Class B operators (135.4(6)) and proof of financial responsibility
required in 567-Chapter 136. The new owner is responsible for any current and
back tank management fees that have not been previously paid.
(2) A person who sells, installs, modifies,
or repairs a tank used or intended to be used in Iowa shall notify, in writing,
the purchaser and the owner or operator of the tank of the obligations
specified in paragraphs 135.3(3)"c" and "j"
and the financial assurance requirements in 567-Chapter 136. The notification
must include the prohibition on depositing a regulated substance into tanks
which have not been registered and issued tags by the department, or tanks
which do not have financial assurance as required in 567-Chapter 136. A
standard notification form supplied by the department may be used to satisfy
this requirement.
j. It
is unlawful for a person to deposit or accept a regulated substance in an
underground storage tank that has not been registered and issued permanent or
annual tank management tags in accordance with rule 567-135.3 (455B). It is
unlawful for a person to deposit or accept a regulated substance into an
underground storage tank if the person has received notice from the department
that the underground storage tank is subject to a delivery prohibition or if
there is a "red tag" attached to the UST fill pipe or fill pipe cap as provided
in subrule 135.3(8).
(1) The department may
provide written authorization to receive a regulated substance when there is a
delay in receiving tank tags or at new tank installations to allow for testing
the tank system.
(2) The department
may provide known depositors of regulated substances lists of underground
storage tank sites that have been issued tank tags, those that have not been
issued tank tags, and those subject to a delivery prohibition pursuant to
subrule 135.3(8). These lists do not remove the requirement for depositors to
verify that current tank tags are affixed to the fill pipe prior to delivering
product. Regulated substances cannot be delivered to underground storage tanks
without current tank tags or those displaying a delivery prohibition "red tag"
as provided in subrule 135.3(8).
(3) A person shall not accept or deposit a
regulated substance in an underground storage tank after receiving written or
oral notice from the department that the tank is not covered by an approved
form of financial responsibility in accordance with 567-Chapter 136.
k. If an owner or operator fails
to register an underground storage tank within 30 days after installation
pursuant to paragraph 135.3(3)"c," the owner or operator shall
pay an additional $250 per tank late fee upon registration of the tank. The
imposition of this fee does not preclude the department from assessing an
additional administrative penalty in accordance with Iowa Code section
455B.476.
(4)
Farm and residential tanks.
a. The owner or operator of a farm or
residential tank of 1100 gallons or less capacity used for storing motor fuel
for noncommercial purposes is subject to the requirements of this
subrule.
b. Farm and residential
tanks, installed before July 1, 1987, are required to be registered with the
department.
c. Farm and residential
tanks installed on or after July 1, 1987, must be in compliance with all the
underground storage tank regulations.
(5)
Registration tags and annual
management fee.
a. Tanks of 1100
gallons or less capacity that have registered with the department will be
issued a permanent registration tag.
b. The owner or operator of tanks over
1,100-gallon capacity must submit a tank management fee form and fee payment of
$65 per tank by January 15 of each year.
(1)
An additional $250 per tank late fee must be paid if the tank management fee is
not paid by March 1.
(2) The owner
or operator must submit written proof that the tanks are covered by an approved
form of financial responsibility in accordance with 567-Chapter 136.
(3) Upon proper payment of the fee and
acceptable proof of financial responsibility, and a determination there are no
outstanding compliance violations, a one-year renewal tag will be issued for
the period from April 1 to March 31.
(4) If there are outstanding compliance
violations, the annual tank tags may be withheld until the violations are
corrected.
(5) The department shall
refund a tank management fee if the tank is permanently closed prior to April 1
for that year.
c. The
owner or operator shall affix the tag to the fill pipe of the underground
storage tank where it will be readily visible.
d. A person who conveys or deposits a
regulated substance shall inspect the underground storage tank to determine the
existence or absence of a permanent registration tag, a current annual renewal
tag, or a delivery prohibition "red tag" as provided in subrule 135.3(8). If a
current annual renewal tag, or a silver permanent tag for regulated tanks less
than 1,100 gallons is not affixed to the fill pipe or fill pipe cap or if a
delivery prohibition "red tag" is displayed, the person shall not deposit the
substance in the tank.
e. The owner
or operator must return the tank tags upon request of the department for
failure to meet the requirements of rules 567-135.3 (455B) to
567-135.5 (455B) or the
financial responsibility rules in 567-Chapter 136 after permanent tank closure
or when tanks are temporarily closed for over 12 months, or when the tank
system is suspected to be leaking and the responsible party fails to respond as
required in subrule 135.8(1). The department will not return the tags until the
tank system is in full compliance with the technical requirements of this
chapter and financial responsibility requirements of 567-Chapter
136.
(6)
Previously unregistered petroleum underground storage tanks. A
petroleum underground storage tank required to be registered under subrules
135.3(3) and 135.3(4), which has not been registered shall be registered under
the following conditions:
a. The tank
registration fee under paragraph 135.3(3)"g" shall accompany
the registration.
b. The storage
tank management fee and any late fees under subrule 135.3(5) and paragraph
135.3(3)"k" shall be paid for past years in which the tank
should have been registered.
c. The
department may waive the late fee(s).
(7)
Exemption certificates from the
environmental charge on petroleum diminution. Rescinded IAB 5/19/21,
effective 6/23/21.
(8)
Delivery prohibition process.
a.
Identifying sites subject to
delivery response prohibition action.
(1) Annual renewal tag and tank management
fee process. Owners and operators shall certify to the following on a form
prepared by the department when applying for annual tank tags pursuant to
subrule 135.3(5):
1. Installation and
performance of an approved UST and piping release detection method as provided
in rule
567-135.5 (455B), including an
annual line tightness test and a line leak detector test if
applicable.
2. Installation of an
approved overfill and spill protection system as provided in paragraph
135.3(1)"c."
3.
Installation of an approved corrosion protection system as provided in
paragraphs 135.3(1)"a" and"b."
4. If the UST system has been out of
operation for more than three months, that the UST system has been temporarily
closed in accordance with rule
567-135.15 (455B) and a
certification of temporary closure has been submitted to the
department.
5. If the UST system
has been removed or filled in place within the last 12 months, the date of
removal or filling in place and whether a closure report has been submitted as
provided in rule 567-135.15(455B).
(2) Sites with provisional status. If the UST
system has been classified as operating under provisional status as provided in
paragraph 135.3(8)"c," owners and operators when applying for
annual tank tags pursuant to subrule 135.3(5) must certify on a form prepared
by the department that the owners and operators are in compliance with an
approved provisional status remedial plan as provided in paragraph
135.3(8)"c."
(3)
Compliance inspections. The department may initiate a delivery prohibition
response action based on:
(1) a finding
resulting from a third-party compliance inspection conducted pursuant to rule
567-135.20 (455B);
(2) a department investigation and inspection
conducted pursuant to Iowa Code section
455B.475;
or
(3) review of a UST system check
or other documentation submitted in response to a suspected release under rule
567-135.6 (455B) or in response
to a confirmed release under rule
567-135.7
(455B).
b.
Delivery prohibition eligibility criteria. A delivery
prohibition response action may be initiated upon a finding that the UST system
is out of compliance with department rules and meets the eligibility criteria
as specified below. Reinstatement criteria define the standards and process for
owners and operators to document that they have taken corrective action
sufficient to authorize resumption of fuel to the USTs. Prior to initiation of
the delivery prohibition, owners and operators are afforded a minimum level of
procedural due process such as prior notice and the opportunity to present
facts to dispute the finding. Where notice and the opportunity to take
corrective action prior to initiation of a delivery prohibition response action
are required, notice by the department or by a certified compliance inspector
as provided in rule
567-135.20 (455B) shall be
sufficient.
If the department finds that any one of the following
criteria has been satisfied, the department may initiate a delivery prohibition
response action following the notice procedures outlined in
paragraph"e" of this subrule. After initiation of the delivery
prohibition response action, the department will offer the owner or operator an
opportunity to establish reinstatement criteria by written documentation and,
if requested, an in-person meeting.
(1) An approved release detection method for
USTs or UST piping is not installed, such as automatic tank gauging,
groundwater monitoring wells and line leak detectors, and there is no record
that an approved method such as inventory control, statistical inventory
reconciliation, or interstitial space monitoring has been employed during the
previous three months. If the owner or operator claims to have documentation
that an approved release detection method has been conducted, the owner or
operator will be given two business days to produce the documentation.
REINSTATEMENT CRITERIA: The owner or operator must submit
results of a passing UST system precision tightness test at the 0.1
gallon-per-hour leak rate in paragraphs 135.5(4)"c" and
135.5(5)"b." The owner or operator must also document
installation and operation of an approved release detection system. This may
include proof that a contract has been signed with a qualified statistical
inventory reconciliation provider or that a qualified inventory control method
has been implemented and training has been provided to onsite supervisory
personnel.
(2) No
documentation of a required annual line tightness test or line leak detector
test has been provided, and the owner or operator has failed to conduct the
required testing within 14 days of written notice by the department or a
certified compliance inspector as provided in rule
567-135.20 (455B).
REINSTATEMENT CRITERIA: The owner or operator must provide
documentation of a passing line precision tightness test at the 0.1
gallon-per-hour leak rate in paragraph 135.5(5)"b" and a line
leak detector test as provided in paragraph 135.5(5)"a."
(3) Overfill and spill
protection is not installed.
REINSTATEMENT CRITERION: The owner or operator must provide
documentation that overfill and spill protection equipment has been
installed.
(4) A corrosion
protection system is not installed or there is no record that an impressed
current corrosion protection system has been in operation for the prior six
months.
REINSTATEMENT CRITERIA: A manned entry tank integrity
inspection must be completed prior to installation of a corrosion protection
system, and the owner or operator must submit results of a passing UST system
precision tightness test at the 0.1 gallon-per-hour leak rate in paragraphs
135.5(4)"c" and 135.5(5)"b." A corrosion
protection analysis must be completed and approved by the department.
(5) The owner or operator has
failed to provide proof of financial responsibility in accordance with
567-Chapter 136.
REINSTATEMENT CRITERION: The owner or operator must submit
acceptable proof of financial responsibility in accordance with 567-Chapter
136.
(6) A qualified UST
system release detection method is installed and is being used but the
documentation or the absence of documentation is sufficient to question the
reliability of the release detection over the past 12-month period. The owner
or operator shall be notified of the deficiencies, shall be given at least two
business days to produce documentation of compliance and, if necessary, shall
be required to conduct a leak detection system analysis and a system tightness
test within 14 days. If the owner or operator fails to produce documentation of
compliance or to conduct the system analysis and the UST system precision
tightness test at the 0.1 gallon-per-hour leak rate in paragraphs
135.5(4)
"c" and 135.5(5)
"b," the department
may initiate a delivery prohibition response action. Notice by the department
or a compliance inspector as provided in rule
567-135.20 (455B) shall be
sufficient to initiate a delivery prohibition response action.
REINSTATEMENT CRITERIA: The owner or operator must submit
documentation that the leak detection method analysis sufficiently documents
compliance and explains the reasons for the accuracy and reliability concerns.
If necessary, the owner or operator must submit passing results of a UST system
precision tightness test at the 0.1 gallon-per-hour leak rate in paragraphs
135.5(4)"c" and 135.5(5)"b."
(7) The owner or operator has
failed to document completion of a three-year corrosion protection test or to
repair defective corrosion protection equipment within 30 days after notice of
the violation by the department or a certified compliance inspector as provided
in rule 567-135.20(455B).
REINSTATEMENT CRITERION: The owner or operator must submit
documentation of a three-year corrosion protection test as provided in rule
567-135.3 (455B).
(8) The
owner or operator has failed to complete a compliance inspection required by
rule
567-135.20 (455B) within 60 days
after written notice of the violation by the department.
REINSTATEMENT CRITERION: The owner or operator must submit a
compliance inspection report as provided in rule
567-135.20 (455B).
(9) The owner or operator has
failed to take necessary abatement action in response to a confirmed release as
provided in subrules 135.7(2) and 135.7(3).
REINSTATEMENT CRITERION: The owner or operator must document
compliance with the abatement provisions in subrules 135.7(2) and
135.7(3).
(10) The owner or
operator has failed to undertake and document release investigation and
confirmation steps within seven days in response to a suspected release as
provided in paragraph 135.6(3)
"a."
REINSTATEMENT CRITERION: The owner or operator must document
release confirmation and system check as provided in paragraph
135.6(3)"a."
(11) The owner or operator has failed to
provide documentation of Class A or B operator training.
REINSTATEMENT CRITERION: The owner or operator must submit a
copy of the certificates of training for Class A and B operators.
(12) The owner or operator has
failed to install required secondary containment.
REINSTATEMENT CRITERION: The owner or operator must document
secondary containment has been installed as provided in subrule
135.3(9).
(13) The owner or
operator has failed to pay the annual tank management fee.
REINSTATEMENT CRITERION: The owner or operator must pay the
current and any previous unpaid tank management fees in addition to any late
fees as provided in paragraph 135.3(5)"b."
(14) When tanks are no longer in use or in
temporary closure.
REINSTATEMENT CRITERION: The owner or operator must provide a
completed Return to Service form along with required documents.
c.
Provisional
status. The department may classify a UST system as operating under a
provisional status when the department documents a pattern of UST operation and
maintenance violations under rules 567-135.3 (455B) through
567-135.5 (455B) and suspected
release and confirmed release response actions under rules
567-135.6 (455B) and
567-135.7 (455B). The department
shall provide the owner or operator with a notice specifying the basis for the
proposed classification and a proposed remedial action plan. The objective of
the remedial action plan is to provide the owner and operator an opportunity to
undertake certain remedial actions sufficient to establish a reasonable
likelihood that future regulatory compliance will be achieved.
The remedial action plan may include but is not limited to
provisions for owner/operator training, development of a facility-specific
compliance manual, more frequent third-party compliance inspections than
otherwise required under rule 567-135.20(455B), monthly reporting, and
retention of a third-party compliance manager/consultant. If the owner or
operator and the department cannot reach agreement on a remedial action plan,
the department may initiate enforcement action by issuance of an administrative
order pursuant to 567-Chapter 10. This provision does not grant the owner or
operator an entitlement to this procedure, and the department reserves all
discretion to undertake an enforcement action and assess penalties as provided
in Iowa Code sections
455B.476 and
455B.477.
d.
Administrative orders.
The department may impose a delivery prohibition as a remedy for violations of
the operation and maintenance provisions in rules 567-135.3 (455B) through
567-135.5(455B) and the suspected and confirmed release response actions in
rules
567-135.6 (455B) and
567-135.7 (455B). This remedy
may be in addition to the assessment of penalties as provided in Iowa Code
section
455B.476 and
other appropriate injunctive relief necessary to correct violations.
e.
Due process prior to initiation of
a delivery prohibition response action.
(1) Prior to imposing a delivery prohibition
response action under paragraph 135.3(8)
"b" above, the
department will provide notice to the owner or operator or, if notice to the
owner or operator cannot be confirmed, to a person in charge at the UST
facility of the basis for the finding and the intent to initiate a delivery
prohibition response action. Notice may be by verbal contact, by facsimile, or
by regular or certified mail to the UST facility address or the owner's or
operator's last-known address. The owner and operator will be given a minimum
of one business day to provide documentation that the finding is inaccurate or
that reinstatement criteria in subparagraphs 135.3(8)
"b" (1)
through (5) have been satisfied. Additional days and the opportunity for a
telephone or in-person conference may be provided the owner and operator to
contest the factual basis for a finding under subparagraphs
135.3(8)
"b" (6) through (14). Additional procedural due
process may be afforded the owner and operator on a case-by-case basis
sufficient to satisfy Constitutional due process standards.
If insufficient information is submitted to change the
finding, the department will notify the owner or operator and a person in
charge at the UST facility of the final decision to impose the delivery
prohibition response action.
(2) Provisional status. Upon a finding that
an owner or operator under provisional status has failed to comply with the
terms of a remedial action plan as provided above, the department may initiate
a delivery prohibition response action by giving actual notice to the owner or
operator of the basis for the finding of noncompliance and the department's
intent to initiate a delivery prohibition response action. The delivery
prohibition response action shall not be imposed without providing the owner or
operator the opportunity for an evidentiary hearing consistent with the
provisions for suspension and revocation of licenses under 567-Chapter
7.
f.
Delivery
prohibition procedure. Upon oral or written notice that the delivery
prohibition response action has been imposed, the owner or operator and any
person in charge of the UST facility shall be notified that they are not
authorized to receive any further delivery of regulated substances until
conditions for reinstatement of eligibility are satisfied. Owners and operators
are required to provide the department with names and contact information for
all persons who convey or deposit regulated substances to the USTs. The
department will attempt to notify known persons who convey or deposit regulated
substances to the USTs that they are not authorized to deliver to the USTs
until further notice by the department as provided in paragraph
135.3(3)
"j" and subrule 135.3(5).
The department shall visit the site and affix a "red tag" to
the fill pipes or fill pipe caps of all affected USTs. It is unlawful for any
person to deposit or accept a regulated substance into a UST that has a "red
tag" affixed to the fill pipe or fill pipe cap. The department may allow the
owner and operator to dispense and sell the remainder of existing fuel unless
the department determines there is an immediate risk of a release or other risk
to human health, safety or the environment. The department shall confirm in
writing the basis for the delivery prohibition response action, contacts made
prior to the action, and steps the owner or operator must take to reinstate
fuel delivery.
(9)
Secondary containment requirements for UST system
installations. All new and replacement underground storage tank
systems and appurtenances used for the storage and dispensing of petroleum
products shall have secondary containment in accordance with this subrule. The
secondary containment provision includes the installation of containment sumps.
a. Tanks and piping installed or replaced
after November 28, 2007, must have secondary containment that is designed,
installed, and maintained according to the performance standards in subrule
135.3(1) and paragraph 135.5(3)
"b."
(1) The secondary containment may be
manufactured as an integral part of the primary containment or constructed as a
separate containment system.
(2) At
a minimum, the secondary containment must:
1.
Contain regulated substances leaked from the UST system until detected and
removed.
2. Prevent the release of
regulated substances into the environment at any time during the operational
life of the underground storage tank system.
3. Be checked for evidence of a release from
the tank at least every 30 days as provided in paragraph
135.5(2)"a."
b. Testing and inspection. Containment sumps
shall be liquid-tight and must be inspected and tested in accordance with the
following:
(1) Inspections for secondary
containment sumps (spill catchment basins, turbine sumps, transition or
intermediate sumps, and under-dispenser containment).
1. Inspections for secondary containment
sumps shall consist of visual inspection by an Iowa-licensed installer or
Iowa-certified compliance inspector every two years.
2. Containment sumps must be intact (no
cracks or perforations) and liquid-tight, including sides and bottom.
3. Containment sumps must be maintained and
kept free of debris, liquid, and ice at all times.
4. Regulated substances leaked or spilled
into any containment sumps shall be immediately removed.
(2) Secondary containment sumps used for
interstitial monitoring of piping shall be tested upon installation and
periodically in accordance with subrule 135.4(12).
