Rule 21. Section 280.40 is amended to read as
follows:
Section 280.40. Upon purchase or acquisition of an
existing UST system and upon request by the department, the owners and
operators of the system shall provide the department with not less than 2 years
of leak detection records as required by section 280.45. If the records are
unavailable, then the O/O shall conduct tightness testing as provided in
sections 280.43(c) and 280.44(b).
(a)
Owners and operators of new and existing UST systems shall provide a method, or
combination of methods, of release detection that is in compliance with all of
the following provisions:
(1) Can detect a
release from any portion of the tank and the connected underground piping that
routinely contains product.
(2) Is
installed, calibrated, operated, maintained, and electronic and mechanical
components are tested for proper operation in accordance with the manufacturers
instructions, including routine maintenance and service checks for operability
or running condition; a code of practice developed by a nationally recognized
association or independent testing laboratory; or requirements determined by
the department to be no less protective of human health and the
environment.
(3) A test of the
proper operation shall be performed at least annually and, at a minimum, as
applicable to the facility, cover the following components and criteria:
(i) Automatic tank gauge and other
controllers: test alarm; verify system configuration; and test battery
backup.
(ii) Probes and sensors:
inspect for residual buildup; ensure floats move freely; ensure shaft is not
damaged; ensure cables are free of kinks and breaks; and test alarm operability
and communication with controller.
(iii) Automatic line leak detector: test
operation to meet criteria in subsection 280.44(a) by simulating a
leak.
(iv) Vacuum pumps and
pressure gauges: ensure proper communication with sensors and
controller.
(v) Hand-held
electronic sampling equipment associated with groundwater and vapor monitoring:
ensure proper operation.
(4) Meets the performance requirements in
section 280.43, 280.44 or subpart K, as applicable, with any performance claims
and their manner of determination described in writing by the equipment
manufacturer. In addition, the methods listed in subsections 280.43(b);
280.43(c); 280.43(d); 280.43(h); 280.43(i); 280.44(a); 280.44(b); and subpart
K, must be capable of detecting the leak rate or quantity specified for the
method in the corresponding section of the rule with a probability of detection
of 0.95 and a probability of false alarm of 0.05.
(b) If a release detection method operated in
accordance with the performance standards in section 280.43, 280.44, or subpart
K indicates a release may have occurred, then O/Os shall notify the department
in accordance with the provisions of subpart E of these rules.
(c) The owners and operators of an existing
UST system that has not complied with the requirements of this subpart shall
complete the closure procedures in subpart G of these rules. For previously
deferred UST systems described in subpart A and subpart K, this requirement
applies after the effective dates described in paragraphs 280.10(a)(1)(ii) and
(iii) and subsection 280.251(a).
