[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: 40CFR280.21]

[Page 459-460]
 
                   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. 280.21  Upgrading of existing UST systems.

    (a) Alternatives allowed. Not later than December 22, 1998, all 
existing UST systems must comply with one of the following requirements:
    (1) New UST system performance standards under Sec. 280.20;
    (2) The upgrading requirements in paragraphs (b) through (d) of this 
section; or
    (3) Closure requirements under subpart G of this part, including 
applicable requirements for corrective action under subpart F.
    (b) Tank upgrading requirements. Steel tanks must 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. A tank may be upgraded by internal lining if:
    (i) The lining is installed in accordance with the requirements of 
Sec. 280.33, and
    (ii) Within 10 years after lining, and every 5 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.
    (2) Cathodic protection. A tank may be upgraded by cathodic 
protection if the cathodic protection system meets the requirements of 
Sec. 280.20(a)(2) (ii), (iii), and (iv) and the integrity of the tank is 
ensured using one of the following methods:
    (i) The tank is internally inspected and assessed to ensure that the 
tank is structurally sound and free of corrosion holes prior to 
installing the cathodic protection system; or
    (ii) The tank has been installed for less than 10 years and is 
monitored monthly for releases in accordance with Sec. 280.43 (d) 
through (h); or
    (iii) The tank has been installed for less than 10 years and is 
assessed for corrosion holes by conducting two (2) tightness tests that 
meet the requirements of Sec. 280.43(c). The first tightness test must 
be conducted prior to installing the cathodic protection system. The 
second tightness test must be conducted between three (3) and six (6) 
months following the first operation of the cathodic protection system; 
or
    (iv) The tank is assessed for corrosion holes by a method that is 
determined by the implementing agency to prevent releases in a manner 
that is no less protective of human health and the environment than 
paragraphs (b)(2) (i) through (iii) of this section.
    (3) Internal lining combined with cathodic protection. A tank may be 
upgraded by both internal lining and cathodic protection if:
    (i) The lining is installed in accordance with the requirements of 
Sec. 280.33; and
    (ii) The cathodic protection system meets the requirements of 
Sec. 280.20(a)(2) (ii), (iii), and (iv).
    Note: The following codes and standards may be used to comply with 
this section:
    (A) American Petroleum Institute Publication 1631, ``Recommended 
Practice for the Interior Lining of Existing Steel Underground Storage 
Tanks'';
    (B) 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'';
    (C) National Association of Corrosion Engineers Standard RP-02-85, 
``Control of External Corrosion on Metallic Buried, Partially

[[Page 460]]

Buried, or Submerged Liquid Storage Systems''; and
    (D) American Petroleum Institute Publication 1632, ``Cathodic 
Protection of Underground Petroleum Storage Tanks and Piping 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 Sec. 280.20(b)(2) (ii), (iii), and 
(iv).
    Note: The codes and standards listed in the note following 
Sec. 280.20(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 new UST system spill and overfill 
prevention equipment requirements specified in Sec. 280.20(c).