[Code of Federal Regulations] [Title 40, Volume 24] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR280.20] [Page 456-459] TITLE 40--PROTECTION OF ENVIRONMENT AGENCY (CONTINUED) PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)--Table of Contents Subpart B--UST Systems: Design, Construction, Installation and Notification Sec. 280.20 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. (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 industry codes may be used to comply with paragraph (a)(1) of this section: Underwriters Laboratories Standard 1316, ``Standard for Glass- Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products''; Underwriter's Laboratories of Canada CAN4-S615-M83, ``Standard for Reinforced Plastic Underground Tanks for Petroleum Products''; or American Society of Testing and Materials Standard D4021-86, ``Standard Specification for Glass-Fiber- [[Page 457]] Reinforced Polyester Underground Petroleum Storage Tanks.'' (2) The tank is constructed of steel and cathodically protected in the following manner: (i) The tank is coated with a suitable dielectric material; (ii) Field-installed cathodic protection systems are designed by a corrosion expert; (iii) Impressed current systems are designed to allow determination of current operating status as required in Sec. 280.31(c); and (iv) Cathodic protection systems are operated and maintained in accordance with Sec. 280.31 or according to guidelines established by the implementing agency; or Note: The following codes and standards may be used to comply with paragraph (a)(2) of this section: (A) Steel Tank Institute ``Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks''; (B) Underwriters Laboratories Standard 1746, ``Corrosion Protection Systems for Underground Storage Tanks''; (C) Underwriters Laboratories of Canada CAN4-S603-M85, ``Standard for Steel Underground Tanks for Flammable and Combustible Liquids,'' and CAN4-G03.1-M85, ``Standard for Galvanic Corrosion Protection Systems for Underground Tanks for Flammable and Combustible Liquids,'' and CAN4- S631-M84, ``Isolating Bushings for Steel Underground Tanks Protected with Coatings and Galvanic Systems''; or (D) National Association of Corrosion Engineers Standard RP-02-85, ``Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,'' and Underwriters Laboratories Standard 58, ``Standard for Steel Underground Tanks for Flammable and Combustible Liquids.'' (3) The tank is constructed of a steel-fiberglass-reinforced-plastic composite; or Note: The following industry codes may be used to comply with paragraph (a)(3) of this section: Underwriters Laboratories Standard 1746, ``Corrosion Protection Systems for Underground Storage Tanks,'' or the Association for Composite Tanks ACT-100, ``Specification for the Fabrication of FRP Clad Underground Storage Tanks.'' (4) The tank is constructed of metal without additional corrosion protection measures provided that: (i) 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 (ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraphs (a)(4)(i) for the remaining life of the tank; or (5) The tank construction and corrosion protection are determined by the implementing agency 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 paragraphs (a) (1) through (4) of this section. (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 below: (1) The piping is constructed of fiberglass-reinforced plastic; or Note: The following codes and standards may be used to comply with paragraph (b)(1) of this section: (A) Underwriters Laboratories Subject 971, ``UL Listed Non-Metal Pipe''; (B) Underwriters Laboratories Standard 567, ``Pipe Connectors for Flammable and Combustible and LP Gas''; (C) Underwriters Laboratories of Canada Guide ULC-107, ``Glass Fiber Reinforced Plastic Pipe and Fittings for Flammable Liquids''; and (D) Underwriters Laboratories of Canada Standard CAN 4-S633-M81, ``Flexible Underground Hose Connectors.'' (2) The piping is constructed of steel and cathodically protected in the following manner: (i) The piping is coated with a suitable dielectric material; (ii) Field-installed cathodic protection systems are designed by a corrosion expert; (iii) Impressed current systems are designed to allow determination of current operating status as required in Sec. 280.31(c); and (iv) Cathodic protection systems are operated and maintained in accordance with Sec. 280.31 or guidelines established by the implementing agency; or [[Page 458]] Note: The following codes and standards may be used to comply with paragraph (b)(2) of this section: (A) National Fire Protection Association Standard 30, ``Flammable and Combustible Liquids Code''; (B) American Petroleum Institute Publication 1615, ``Installation of Underground Petroleum Storage Systems''; (C) American Petroleum Institute Publication 1632, ``Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems''; and (D) National Association of Corrosion Engineers Standard RP-01-69, ``Control of External Corrosion on Submerged Metallic Piping Systems.'' (3) The piping is constructed of metal without additional corrosion protection measures provided that: (i) 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 (ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or Note: National Fire Protection Association Standard 30, ``Flammable and Combustible Liquids Code''; and National Association of Corrosion Engineers Standard RP-01-69, ``Control of External Corrosion on Submerged Metallic Piping Systems,'' may be used to comply with paragraph (b)(3) of this section. (4) The piping construction and corrosion protection are determined by the implementing agency 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 paragraphs (b) (1) through (3) of this section. (c) Spill and overfill prevention equipment. (1) Except as provided in paragraph (c)(2) of this section, 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: (i) 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 (ii) Overfill prevention equipment that will: (A) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or (B) Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high- level alarm; or (C) Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm one minute before overfilling, or automatically shut off 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 paragraph (c)(1) of this section if: (i) Alternative equipment is used that is determined by the implementing agency to be no less protective of human health and the environment than the equipment specified in paragraph (c)(1) (i) or (ii) of this section; or (ii) The UST system is filled by transfers of no more than 25 gallons at one time. (d) Installation. All tanks and piping 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. Note: Tank and piping system installation practices and procedures described in the following codes may be used to comply with the requirements of paragraph (d) of this section: (i) American Petroleum Institute Publication 1615, ``Installation of Underground Petroleum Storage System''; or (ii) Petroleum Equipment Institute Publication RP100, ``Recommended Practices for Installation of Underground Liquid Storage Systems''; or (iii) American National Standards Institute Standard B31.3, ``Petroleum Refinery Piping,'' and American National Standards Institute Standard B31.4 ``Liquid Petroleum Transportation Piping System.'' (e) Certification of installation. All owners and operators must ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with paragraph (d) of this section by providing a certification of compliance [[Page 459]] on the UST notification form in accordance with Sec. 280.22. (1) The installer has been certified by the tank and piping manufacturers; or (2) The installer has been certified or licensed by the implementing agency; or (3) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or (4) The installation has been inspected and approved by the implementing agency; or (5) All work listed in the manufacturer's installation checklists has been completed; or (6) The owner and operator have complied with another method for ensuring compliance with paragraph (d) of this section that is determined by the implementing agency to be no less protective of human health and the environment. [53 FR 37194, Sept. 23, 1988, as amended at 56 FR 38344, Aug. 13, 1991]