[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: 40CFR280.43]



[Page 517-519]

 

                   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 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every 5 gallons of product withdrawn; and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, 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



[[Page 518]]



    (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 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



[[Page 519]]



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.