[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: 40CFR281.33]



[Page 577-578]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of 

Contents

 

                Subpart C_Criteria for No-Less-Stringent

 

Sec.  281.33  Release detection.



    In order to be considered no less stringent than the corresponding 

federal requirements for release detection, the state must have 

requirements that at a minimum ensure all UST systems are provided with 

release detection that conforms to the following:

    (a) General methods. Release detection requirements for owners and 

operators must consist of a method, or combination of methods, that is:

    (1) Capable of detecting a release of the regulated substance from 

any portion of the UST system that routinely contains regulated 

substances--as effectively as any of the methods allowed under the 

federal technical standards--for as long as the UST system is in 

operation. In comparing methods, the implementing agency shall consider 

the size of release that the method can detect and the speed and 

reliability with which the release can be detected.

    (2) Designed, installed, calibrated, operated and maintained so that 

releases will be detected in accordance with the capabilities of the 

method.

    (b) Phase-in of requirements. Release detection requirements must, 

at a minimum, be scheduled to be applied at all UST systems:

    (1) Immediately when a new UST system is installed:

    (2) On an orderly schedule that completes a phase-in of release 

detection at all existing UST systems (or their closure) before December 

21, 1993, except that release detection for the piping attached to any 

existing UST that conveys a regulated substance under greater than 

atmospheric pressure must be phased-in before December 22, 1990.

    (c) Requirements for petroleum tanks. All petroleum tanks must be 

sampled, tested, or checked for releases at least monthly, except that:

    (1) New or upgraded tanks (that is, tanks and piping protected from 

releases due to corrosion and equipped with both spill and overfill 

prevention devices) may temporarily use monthly inventory control (or 

its equivalent) in combination with tightness testing (or its 

equivalent) conducted every 5 years for the first 10 years after the 

tank is installed or upgraded or until December 22, 1998, whichever is 

later; and

    (2) Existing tanks unprotected from releases due to corrosion or 

without spill and overfill prevention devices may use monthly inventory 

control (or its equivalent) in combination with annual tightness testing 

(or its equivalent) until December 22, 1998.

    (d) Requirements for petroleum piping. All underground piping 

attached to the tank that routinely conveys petroleum must conform to 

the following:

    (1) If the petroleum is conveyed under greater than atmospheric 

pressure:

    (i) The piping must be equipped with release detection that detects 

a release within an hour by restricting or shutting off flow or sounding 

an alarm; and

    (ii) The piping must have monthly monitoring applied or annual 

tightness tests conducted.

    (2) If suction lines are used:

    (i) Tightness tests must be conducted at least once every 3 years, 

unless a monthly method of detection is applied to this piping; or

    (ii) The piping is designed to allow the contents of the pipe to 

drain back into the storage tank if the suction is released and is also 

designed to allow



[[Page 578]]



an inspector to immediately determine the integrity of the piping 

system.

    (e) Requirements for hazardous substance UST systems. All UST 

systems storing hazardous substances must meet the following:

    (1) All existing hazardous substance UST systems must comply with 

all the requirements for petroleum UST systems in paragraphs (c) and (d) 

of this section and after December 22, 1998, they must comply with the 

following paragraph (e)(2) of this section.

    (2) All new hazardous substance UST systems must use interstitial 

monitoring within secondary containment of the tanks and the attached 

underground piping that conveys the regulated substance stored in the 

tank, unless the owner and operator can demonstrate to the state (or the 

state otherwise determines) that another method will detect a release of 

the regulated substance as effectively as other methods allowed under 

the state program for petroleum UST systems and that effective 

corrective action technology is available for the hazardous substance 

being stored that can be used to protect human health and the 

environment.