[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: 40CFR280.43]

[Page 465-467]
 
                   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 D--Release Detection
 
Sec. 280.43  Methods of release detection for tanks.

    Each method of release detection for tanks used to meet the 
requirements of Sec. 280.41 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 one-eighth 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 
one 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every 5 gallons of product withdrawn; and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 one-eighth of an inch at least once a month.
    Note: Practices described in the American Petroleum Institute 
Publication 1621, ``Recommended Practice for Bulk Liquid Stock Control 
at Retail Outlets,'' may be used, where applicable, as guidance in 
meeting the requirements of this paragraph.
    (b) Manual tank gauging. Manual tank gauging must meet the following 
requirements:
    (1) Tank liquid level measurements are taken at the beginning and 
ending of a period of at least 36 hours 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 used is capable of measuring the level of product 
over the full range of the tank's height to the nearest one-eighth of an 
inch;
    (4) A leak is suspected and subject to the requirements of subpart E 
if the variation between beginning and ending measurements exceeds the 
weekly or monthly standards in the following table:

------------------------------------------------------------------------
                                                       Monthly standard
      Nominal tank capacity         Weekly standard    (average of four
                                      (one test)            tests)
------------------------------------------------------------------------
550 gallons or less.............  10 gallons........  5 gallons.
551-1,000 gallons...............  13 gallons........  7 gallons.
1,001-2,000 gallons.............  26 gallons........  13 gallons.
------------------------------------------------------------------------

    (5) Only tanks of 550 gallons or less nominal capacity may use this 
as the sole method of release detection. Tanks of 551 to 2,000 gallons 
may use the method in place of manual inventory control in 
Sec. 280.43(a). Tanks of greater than 2,000 gallons nominal capacity may 
not use this method to meet the requirements of this subpart.
    (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,

[[Page 466]]

vapor pockets, tank deformation, evaporation or condensation, and the 
location of the water table.
    (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; and
    (2) Inventory control (or another test of equivalent performance) is 
conducted in accordance with the requirements of Sec. 280.43(a).
    (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 ground water, 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 paragraphs (e) (1) through (4) of 
this section 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; and
    (7) Monitoring wells are clearly marked and secured to avoid 
unauthorized access and tampering.
    (f) Ground-water monitoring. Testing or monitoring for liquids on 
the ground water must meet the following requirements:
    (1) The regulated substance stored is immiscible in water and has a 
specific gravity of less than one;
    (2) Ground water 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 ground-water 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 one-eighth of an inch of free product on 
top of the ground water 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 
paragraphs (f) (1) through (5) of this section 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

[[Page 467]]

from any portion of the tank that routinely contains product and also 
meets one of the following requirements:
    (1) For double-walled UST systems, the sampling or testing method 
can detect a release through the inner wall in any portion of the tank 
that routinely contains product;
    Note: The provisions outlined in the Steel Tank Institute's 
``Standard for Dual Wall Underground Storage Tanks'' may be used as 
guidance for aspects of the design and construction of underground steel 
double-walled tanks.
    (2) For UST systems with a secondary barrier within the excavation 
zone, the sampling or testing method used can detect a release between 
the UST system and the secondary barrier;
    (i) The secondary barrier around or beneath the UST system consists 
of artificially constructed material that is sufficiently thick and 
impermeable (at least 10-6 cm/sec for the regulated substance 
stored) to direct a release to the monitoring point and permit its 
detection;
    (ii) The barrier is compatible with the regulated substance stored 
so that a release from the UST system will not cause a deterioration of 
the barrier allowing a release to pass through undetected;
    (iii) 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;
    (iv) The ground water, 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;
    (v) The site is assessed to ensure that the secondary barrier is 
always above the ground water and not in a 25-year flood plain, unless 
the barrier and monitoring designs are for use under such conditions; 
and,
    (vi) 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 release between the inner wall of the tank and the liner, 
and the liner is compatible with the substance stored.
    (h) 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 implementing agency 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) through (h) 
of this section. In comparing methods, the implementing agency 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 implementing agency on its use to ensure the protection 
of human health and the environment.