[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR280.21]



[Page 511-512]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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 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



[[Page 512]]



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).