(1)
General requirements for all UST systems.
a. Owners and operators of
UST systems must
provide a method, or combination of methods, of
release detection that:
(1) Can detect a release from any portion of
the tank and the connected underground piping that routinely contains
product;
(2) Is installed and
calibrated in accordance with the manufacturer's instructions, including
routine maintenance and service checks for operability or running condition;
and
(3) Beginning October 13, 2021,
is operated and maintained, and electronic and mechanical components are tested
for proper operation, in accordance with one of the following:
1. Manufacturer's instructions;
2. A code of practice developed by a
nationally recognized association or independent testing laboratory;
or
3. Requirements determined by
the department to be no less protective of human health and the environment
than the two options listed above.
(4) A test of the proper operation must be
performed at least annually and, at a minimum, as applicable to the facility,
cover the following components and criteria:
1. Automatic tank gauge and other
controllers: test alarm; verify system configuration; test battery
backup;
2. Probes and sensors:
inspect for residual buildup; ensure floats move freely; ensure shaft is not
damaged; ensure cables are free of kinks and breaks; test alarm operability or
running condition and communication with controller;
3. Automatic line leak detector: test
operation to meet criteria in paragraph 135.5(5)"a" by
simulating a leak;
4. Vacuum pumps
and pressure gauges: ensure proper communication with sensors and controller;
and
5. Handheld electronic sampling
equipment associated with groundwater and vapor monitoring: ensure proper
operation.
NOTE regarding subparagraphs 135.5(1)"a" (3)
and (4): The following code of practice may be used to comply with
subparagraphs 135.5(1)"a" (3) and (4): Petroleum Equipment
Institute Publication RP1200, "Recommended Practices for the Testing and
Verification of Spill, Overfill, Leak Detection and Secondary Containment
Equipment at UST Facilities."
(5) Meets the performance requirements in
subrule 135.5(4) or 135.5(5), with any performance claims and their manner of
determination described in writing by the equipment manufacturer or installer.
In addition, methods conducted in accordance with paragraphs
135.5(4)"b," "c," and "d" and paragraphs
135.5(5)"a" and "b" must be capable of
detecting the leak rate or quantity specified for that method with a
probability of detection of 0.95 and a probability of false alarm of
0.05.
b. When a
release
detection method operated in accordance with the performance standards in
subrule 135.5(4) or 135.5(5) indicates a
release may have occurred, owners and
operators must notify the
department in accordance with rule
567-135.6 (455B).
c. When an owner and operator continually
show the inability to conduct leak detection with the method being used, the
department may require the owner and operator to find an alternative leak
detection method. If the owner and operator cannot demonstrate compliance with
leak detection, delivery prohibition in accordance with subrule 135.3(8) may be
enforced.
d. Any UST system that
cannot apply a method of release detection that complies with the requirements
of this rule must complete the closure procedures in rule 567-135.15(455B). For
previously deferred UST systems described in rules 567-135.1(455B) and
567-135.21 (455B), this requirement applies after the effective dates described
in subrule 135.1(3) and paragraph 135.21(1)"a."
e. Any
UST facility that uses pressurized
piping and dispenses product in the absence of a Class A, B, or C
operator
shall comply with the following requirements:
(1) Employ automatic line leak detectors that
do one or more of the following:
1. Shut down
the submersible pump when a leak is detected.
2. Restrict the flow of product when a leak
is detected.
3. Trigger an audible
or visual alarm when a leak is detected.
(2) At facilities implementing
135.5(1)
"e"(1) "2" or "3," the facility's
operator shall be
notified or shall conduct a visit through one of the following methods:
1. Notification of the Class B operator by
immediate electronic communication.
2. Signage directing the customer to contact
the Class B operator or a designated contact person. The sign must be
immediately visible to the customer and state that slow flow or an audible or
visual alarm is an indication of a possible release. The sign must provide a
24-hour telephone number of the Class B operator or designee and direct the
customer to stop dispensing product.
3. Daily visit to the site by a Class A, B,
or C operator or designee. Visits shall include observation of every automatic
line leak detector for shutdown, alarm, or restricted flow conditions. Methods
of observing for restricted flow conditions may include dispensing product into
a proper container or personal vehicle, observing a customer dispense product
into a vehicle, or another method approved by the department. Owners and
operators shall maintain an onsite log of site visits to demonstrate compliance
with this provision. The log shall include the name of the observer and method
used to observe the status of the automatic line leak detectors.
(3) All UST facilities subject to
135.5(1)"e" must comply with its provisions by July 1, 2014.
(3)
Requirements
for hazardous substance UST systems. Owners and operators of hazardous
substance
UST systems must have containment that meets the following
requirements and monitor these systems pursuant to paragraph
135.5(4)
"g" at least every 30 days:
a. Secondary containment systems must be
designed, constructed and installed to:
(1)
Contain regulated substances leaked from the primary containment until they are
detected and removed;
(2) Prevent
the release of regulated substances to the environment at any time during the
operational life of the UST system; and
(3) Be checked for evidence of a release at
least every 30 days.
b.
Double-walled tanks must be designed, constructed, and installed to:
(1) Contain a leak from any portion of the
inner tank within the outer wall; and
(2) Detect the failure of the inner
wall.
c. External liners
(including vaults) must be designed, constructed, and installed to:
(1) Contain 100 percent of the capacity of
the largest tank within its boundary;
(2) Prevent the interference of precipitation
or groundwater intrusion with the ability to contain or detect a release of
regulated substances; and
(3)
Surround the tank completely (i.e., it is capable of preventing lateral as well
as vertical migration of regulated substances).
d. Underground piping must be equipped with
secondary containment that satisfies the requirements of this subrule (e.g.,
trench liners, jacketing of double-walled pipe). In addition, underground
piping that conveys regulated substances under pressure must be equipped with
an automatic line leak detector in accordance with paragraph
135.5(5)"a" ;
e.
For hazardous substance
UST systems installed on or before November 28, 2007,
other methods of
release detection may be used if owners and operators:
(1) Demonstrate to the department that an
alternate method can detect a release of the stored substance as effectively as
any of the methods allowed in paragraphs 135.5(4)"b" to
"i" can detect a release;
(2) Provide information to the department on
effective corrective action technologies, health risks, and chemical and
physical properties of the stored substance, and the characteristics of the UST
site; and
(3) Obtain approval from
the department to use the alternate release detection method before the
installation and operation of the new UST system.
(4)
Methods of release
detection for tanks. Each method of
release detection for tanks used
to meet the requirements of 135.5(2) must be conducted in accordance with the
following:
a.
Inventory
control. Product inventory control (or another test of equivalent
performance) must be conducted monthly to detect a
release of at least 1.0
percent of flow-through plus 130 gallons on a monthly basis in the following
manner:
(1) Inventory volume measurements for
regulated substance inputs, withdrawals, and the amount still remaining in the
tank are recorded each operating day;
(2) The equipment used is capable of
measuring the level of product over the full range of the tank's height to the
nearest 1/8 of an inch;
(3) The
regulated substance inputs are reconciled with delivery receipts by measurement
of the tank inventory volume before and after delivery;
(4) Deliveries are made through a drop tube
that extends to within 1 foot of the tank bottom;
(5) Product dispensing is metered and
recorded within the local standards for meter calibration or an accuracy of 6
cubic inches for every 5 gallons of product withdrawn; and
(6) The measurement of any water level in the
bottom of the
tank is made to the nearest 1/8 of an inch at least once a month.
NOTE: Practices described in the American Petroleum Institute
Recommended Practice 1621, "Recommended Practice for Bulk Liquid Stock Control
at Retail Outlets," may be used, where applicable, as guidance in meeting the
requirements of subparagraphs 135.5(4)"a" (1) to
135.5(4)"a" (6).
b.
Manual tank gauging.
Manual
tank gauging must meet the following requirements:
(1) Tank liquid level measurements are taken
at the beginning and end of the test period during which no liquid is added to
or removed from the tank;
(2) Level
measurements are based on an average of two consecutive stick readings at both
the beginning and ending of the period;
(3) The equipment is capable of measuring the
level of product over the full range of the tank's height to the nearest 1/8 of
an inch;
(4) A
release is suspected
and subject to the requirements of rule
567-135.6 (455B) if the
variation between the beginning and ending measurements exceeds the weekly or
monthly standards in the following table. Immediately contact the
department if
these standards are exceeded.
Nominal Tank Capacity
|
Minimum Duration of Test
|
Weekly Standard (one test)
|
Monthly Standard (four-test average)
|
550 gallons or less
|
36 hours
|
10 gallons
|
5 gallons
|
551-1,000 gallons (when tank diameter is 64
inches)
|
44 hours
|
9 gallons
|
4 gallons
|
551-1,000 gallons (when tank diameter is 48
inches)
|
58 hours
|
12 gallons
|
6 gallons
|
551-1,000 gallons (also requires annual tank
tightness testing)
|
36 hours
|
13 gallons
|
7 gallons
|
1,001-2,000 gallons (also requires annual tank
tightness test)
|
36 hours
|
26 gallons
|
13 gallons
|
(5)
Only those tanks of 550 gallons or less nominal capacity or tanks of 551 to
1,000 gallons nominal capacity with diameters of 64 inches or 48 inches may use
this as the sole method of release detection. Other tanks of 551 to 2,000
gallons may use this method in place of inventory control in paragraph
135.5(4)"a." Tanks of greater than 2,000 gallons nominal
capacity may not use this method to meet the requirements of this
rule.
c.
Tank
tightness testing. Tank tightness testing (or another test of
equivalent performance) must be capable of detecting a 0.1 gallon-per-hour leak
rate from any portion of the
tank that routinely contains product while
accounting for the effects of thermal expansion or contraction of the product,
vapor pockets,
tank deformation, evaporation or condensation, and the location
of the water table.
The tank tightness test procedure must be certified by a
third party and meet US EPA testing procedures. The testing procedures are
found inStandard Test Procedures for Evaluating Leak Detection
Methods :Volumetric Tank Tightness Testing Methods
(EPA /530/UST-90/004) March 1990 or as revised by EPA orNon-Volumetric
Tank Tightness Testing Methods (EPA /530/UST-90/005) March 1990 or as
revised by EPA.
d.
Automatic tank gauging. Equipment for automatic
tank gauging that
tests for the loss of product and conducts inventory control must meet the
following requirements:
(1) The automatic
product level monitor test can detect a 0.2 gallon-per-hour leak rate from any
portion of the tank that routinely contains product;
(2) The automatic tank gauging equipment must
meet the inventory control (or other test of equivalent performance)
requirements of paragraph 135.5(4)"a" ;
(3) The leak test must be performed according
to manufacturer specifications;
(4)
The automatic tank gauging equipment must be certified by a third party and
meet US EPA testing procedures inStandard Test Procedures for
Evaluating Leak Detection Methods: Automatic Tank Gauging Systems
(ATGS) (EPA /530/UST-90/006) March 1990 or as revised by US EPA; and
(5) The test must be performed with the
system operating in one of the following modes:
1. In-tank static testing conducted at least
once every 30 days; or
2.
Continuous in-tank leak detection operating on an uninterrupted basis or
operating within a process that allows the system to gather incremental
measurements to determine the leak status of the tank at least once every 30
days.
e.
Vapor monitoring. Testing or monitoring for vapors within the
soil gas of the
excavation zone must meet the following requirements:
(1) The materials used as backfill are
sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow
diffusion of vapors from releases into the excavation area;
(2) The stored regulated substance, or a
tracer compound placed in the tank system, is sufficiently volatile (e.g.,
gasoline) to result in a vapor level that is detectable by the monitoring
devices located in the excavation zone in the event of a release from the
tank;
(3) The measurement of vapors
by the monitoring device is not rendered inoperative by the groundwater,
rainfall, or soil moisture or other known interferences so that a release could
go undetected for more than 30 days;
(4) The level of background contamination in
the excavation zone will not interfere with the method used to detect releases
from the tank;
(5) The vapor
monitors are designed and operated to detect any significant increase in
concentration above background of the regulated substance stored in the tank
system, a component or components of that substance, or a tracer compound
placed in the tank system;
(6) In
the UST excavation zone, the site is assessed to ensure compliance with the
requirements in subparagraphs 135.5(4)"e" (1) through (4) and
to establish the number and positioning of monitoring wells that will detect
releases within the excavation zone from any portion of the tank that routinely
contains product;
(7) Monitoring
wells are clearly marked and secured to avoid unauthorized access and
tampering; and
(8) The vapor
product detector must be certified by a third party and meet US EPA testing
procedures inStandard Test Procedures for Evaluating Leak Detection
Methods: Vapor-Phase Out-of-Tank Product Detectors
(EPA/530/UST-90/008) March 1990 or as revised by US EPA.
f.
Groundwater monitoring.
Testing or monitoring for liquids on the groundwater must meet the following
requirements:
(1) The regulated substance
stored is immiscible in water and has a specific gravity of less than
1;
(2) Groundwater is never more
than 20 feet from the ground surface and the hydraulic conductivity of the
soil(s) between the UST system and the monitoring wells or devices is not less
than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium
sands, coarse silts or other permeable materials);
(3) The slotted portion of the monitoring
well casing must be designed to prevent migration of natural soils or filter
pack into the well and to allow entry of regulated substance on the water table
into the well under both high and low groundwater conditions;
(4) Monitoring wells shall be sealed from the
ground surface to the top of the filter pack;
(5) Monitoring wells or devices intercept the
excavation zone or are as close to it as is technically feasible;
(6) The continuous monitoring devices or
manual methods used can detect the presence of at least 1/8 of an inch of free
product on top of the groundwater in the monitoring wells;
(7) Within and immediately below the UST
system excavation zone, the site is assessed to ensure compliance with the
requirements in subparagraphs 135.5(4)"f" (1) through (5) and
to establish the number and positioning of monitoring wells or devices that
will detect releases from any portion of the tank that routinely contains
product; and
(8) Monitoring wells
are clearly marked and secured to avoid unauthorized access and
tampering.
g.
Interstitial monitoring. Interstitial monitoring between the
UST system and a secondary barrier immediately around or beneath it may be
used, but only if the system is designed, constructed and installed to detect a
leak from any portion of the
tank that routinely contains product and also
meets one of the following requirements:
(1)
For
secondary containment systems, the sampling or testing method must be able
to detect a leak through the inner wall in any portion of the tank that
routinely contains product:
1. Continuously,
by means of an automatic leak sensing device that signals to the operator the
presence of any regulated substance in the interstitial space; or
2. Monthly, by means of a procedure capable
of detecting the presence of any regulated substance in the interstitial
space.
3. The interstitial space
shall be maintained and kept free of liquid, debris or anything that could
interfere with leak detection capabilities.
(2) For
UST systems with a secondary barrier
within the
excavation zone, the sampling or testing method used can detect a
leak between the UST system and the secondary barrier:
1. The secondary barrier around or beneath
the UST system consists of artificially constructed material that is
sufficiently thick and impermeable (at least
10-6cm/sec for the regulated substance stored) to
direct a leak to the monitoring point and permit its detection;
2. The barrier is compatible with the
regulated substance stored so that a leak from the UST system will not cause a
deterioration of the barrier allowing a release to pass through undetected;
3. For cathodically protected
tanks, the secondary barrier must be installed so that it does not interfere
with the proper operation of the cathodic protection system;
4. The groundwater, soil moisture, or
rainfall will not render the testing or sampling method used inoperative so
that a release could go undetected for more than 30 days;
5. The site is assessed to ensure that the
secondary barrier is always above the groundwater and not in a 25-year flood
plain, unless the barrier and monitoring designs are for use under such
conditions; and
6. Monitoring wells
are clearly marked and secured to avoid unauthorized access and
tampering.
(3) For tanks
with an internally fitted liner, an automated device can detect a leak between
the inner wall of the tank and the liner, and the liner is compatible with the
substance stored.
h.
Statistical inventory reconciliation. Release detection
methods based on the application of statistical principles to inventory data
that test for the loss of product must meet the following requirements:
(1) Use a leak threshold that does not exceed
one-half the minimum detectible leak rate;
(2) The statistical test must be able to
detect at least a 0.2 gallon per hour leak rate from any portion of the tank
that routinely contains product; and
(3) The report by the SIR company must be a
quantitative result with a calculated leak rate and include the leak threshold
(leak rate at which a leak is declared), the calculated leak rate (leak rate
calculated from the inventory records) and minimum detectable leak rate
(minimum leak rate that can be determined from the inventory records).
1. A "pass" means that the calculated leak
rate for the data set is less than the leak threshold and the minimum
detectable leak rate is less than or equal to the certified performance
standard;
2. A "fail" means the
calculated leak rate for the data set is equal to or greater than the leak
threshold;
3. An "inconclusive"
means the minimum detectable leak rate exceeds the certified performance
standard and the calculated leak rate is less than the leak threshold. If for
any other reason the test result is not a "pass" or "fail," the result is
"inconclusive";
(4)
Owners and operators must notify the department in accordance with rule
567-135.6(455B) when a monthly SIR report of "fail" occurs or two consecutive
inconclusive results occur.
(5)
Owners and operators must assure the SIR analytical results are complete and
available to the department upon request.
(6) The statistical inventory reconciliation
method must be certified by a third party and meet US EPA testing procedures
inStandard Test Procedures for Evaluating Release Detection Methods:
Statistical Inventory Reconciliation (EPA 510-B-19-004) May 2019 or as
revised by EPA.
i.
Other methods. Any other type of
release detection method, or
combination of methods, can be used if:
(1)
It can detect a 0.2 gallon-per-hour leak rate or a release of 150 gallons
within a month with a probability of detection of 0.95 and a probability of
false alarm of 0.05; or
(2) The
department may approve another method if the owner and operator can demonstrate
that the method can detect a release as effectively as any of the methods
allowed in paragraphs"c" to"h." In comparing
methods, the department shall consider the size of release that the method can
detect and the frequency and reliability with which it can be detected. If the
method is approved, the owner and operator must comply with any conditions
imposed by the department on its use to ensure the protection of human health
and the environment.
(5)
Methods of release detection for
piping. Each method of
release detection for
piping used to meet the
requirements of 135.5(2) must be conducted in accordance with the following:
a.
Automatic line leak
detectors. Methods which alert the operator to the presence of a leak
in pressurized piping by restricting or shutting off the flow of regulated
substances through piping or triggering an audible or visual alarm may be used
only if they detect leaks of 3 gallons per hour at 10 pounds per square inch
line pressure within one hour. An annual test of the operation of the leak
detector must be conducted in accordance with paragraph
135.5(1)"a."
b.
Line tightness testing. A periodic test of piping may be
conducted only if it can detect a 0.1 gallon-per-hour leak rate at one and
one-half times the operating pressure. The line leak detection method must be
certified by a third party and meet US EPA testing procedures
inStandard Test Procedures for Evaluating Release Detection Methods:
Pipeline Release Detection (EPA 510-B-19-005) May 2019 or as revised
by EPA.
c.
Applicable tank
methods. Except as described in paragraph
135.5(2)"a," any of the methods in paragraphs
135.5(4)"e" through"i" may be used if they
are designed to detect a release from any portion of the underground piping
that routinely contains regulated substances.
d.
Interstitial monitoring of
secondary containment. Interstitial monitoring may be used for any
piping with secondary containment designed for and capable of interstitial
monitoring.
(1) Leak detection shall be
conducted:
1. Continuously, by means of an
automatic leak sensing device that signals to the operator the presence of any
regulated substance in the interstitial space or containment sump; or
2. Monthly, by means of a procedure capable
of detecting the presence of any regulated substance in the interstitial space
or containment sump, such as visual inspection.
(2) The interstitial space or sump shall be
maintained and kept free of water, debris or anything that could interfere with
leak detection capabilities.
(3) At
least every two years, any sump shall be visually inspected for integrity of
sides and floor and tightness of piping penetration seals. Any automatic
sensing device shall be tested for proper function.
(6)
Release detection
record keeping. All
UST system owners and operators must maintain
records in accordance with 135.4(5) demonstrating compliance with all
applicable requirements of this rule. These records must include the following:
a. All written performance claims pertaining
to any release detection system used, and the manner in which these claims have
been justified or tested by the equipment manufacturer or installer, must be
maintained for five years, or for another reasonable period of time determined
by the department, from the date of installation. Records of site assessments
required for vapor monitoring under subparagraph 135.5(4)"e"
(6) and groundwater monitoring under subparagraph 135.5(4)"f"
(7) must be maintained for as long as the methods are used. Records of site
assessments must be signed by a professional engineer or professional
geologist, or equivalent licensed professional with experience in environmental
engineering, hydrogeology, or other relevant technical discipline acceptable to
the department;
b. The results of
any sampling, testing, or monitoring must be maintained for at least one year,
or for another reasonable period of time determined by the
department, except
as follows:
(1) The results of tank tightness
testing conducted in accordance with paragraph 135.5(4)"c"
must be retained until the next test is conducted; and
(2) The results of annual operation tests
conducted in accordance with subparagraphs 135.5(1)"a" (3) and
(4), must be maintained for three years. At a minimum, the results must list
each component tested, indicate whether each component tested meets criteria in
subparagraphs 135.5(1)"a" (3) and (4), or needs to have action
taken, and describe any action taken to correct an issue; and
(3) The results of tank tightness testing,
line tightness testing, and vapor monitoring using a tracer compound placed in
the tank system conducted in accordance with paragraph
135.21(2)"f" must be retained until the next test is
conducted; and
c. Written
documentation of all calibration, maintenance, and repair of release detection
equipment permanently located on-site must be maintained for at least one year
after the servicing work is completed, or for another reasonable time period
determined by the department. Any schedules of required calibration and
maintenance provided by the release detection equipment manufacturer must be
retained for five years from the date of installation.