Header:
CODE OF RHODE ISLAND RULES
AGENCY 12. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SUB-AGENCY 030. OFFICE OF WASTE MANAGEMENT
CHAPTER 029. UNDERGROUND STORAGE FACILITIES USED FOR PETROLEUM PRODUCTS AND HAZARDOUS MATERIALS
Date:
08/31/2009
Document:
12 030 029. UNDERGROUND STORAGE FACILITIES USED FOR PETROLEUM PRODUCTS AND HAZARDOUS MATERIALS
6.04 Application for Registration: To apply for a certificate of registration, the facility owner/operator shall complete, certify and submit to DEM the application forms available from the Department, along with the applicable registration fees. Information to be included on the form shall include, but not be limited to, the following
(A) For New UST Systems and Proposed Replacement Tank Systems:
(1) A set of detailed installation plans and specifications for the tank system. All plans for new UST systems shall be stamped by a registered professional engineer. The Director reserves the authority to require that plans for replacement UST installations be stamped by a registered professional engineer at locations where the site conditions and/or installation are determined to be complex or pose engineering difficulties.
(2) A written description, including technical specifications, of the following:
(a) Proposed tank size, construction material, construction type and material to be stored;
(b) All proposed leak monitoring systems;
(c) Proposed spill/overfill protection methods;
(d) Proposed corrosion protection methods; and
(e) Operation and maintenance requirements for any of the above.
(3) A site plan including all of the information listed below:
(a) Proposed locations of all tanks, piping, and dispensing pumps;
(b) Proposed locations of on-site monitoring or observation wells; where applicable.
(c) Watertable elevation, where available;
(d) Location of all public water supply wells or reservoirs within 400 feet of the facility site;
(e) Location of all facilities served by private wells within 200 feet of the facility site;
(f) Location of all proposed and existing building and associated structures;
(g) Boundaries of the facility site; and
(h) North Arrow.
(B) For Existing UST Systems:
(1) The results of all tightness tests and leak detection tests pertaining to all tanks and associated piping.
(2) Written description of the following:
(a) Installation date
(b) Tank size, construction material, construction type and material stored;
(c) All existing or proposed leak monitoring systems;
(d) Spill/overfill protection methods;
(e) Corrosion protection methods; and
(f) Operation and maintenance requirements for any of the above.
(3) A site plan including all of the information listed below:
(a) Location of all tanks, piping, and dispensing pumps;
(b) Location of existing or proposed on-site monitoring or observation wells; where applicable.
(c) Description of water service to the facility and properties within 200 feet of the facility site;
(d) Location of buildings and associated structures on-site;
(e) Boundaries of the facility site; and
(f) North Arrow
(4) Description of all repairs performed on the tank system.
(5) A description of all past spills and leaks associated with the tank system known to have occurred at the site in or after October, 1984.
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8.08 Leak Detection for Existing Tanks: Except as provided in Rule 8.01 above, owners/operators of all existing facilities shall comply with the applicable leak detection requirements:
(A) Double-Walled USTs: The following requirements apply to all double-walled USTs except those used for emergency generators and waste oil/motor oil. See Rules 8.08 (D) and 8.08 (E) for requirements for emergency generators and waste oil/motor oil USTs.
(1) Install and operate a continuous interstitial space electronic monitoring system consistent with the requirements in Rules 9.15 and 9.17, and
(2) Perform daily and monthly inventory control and record keeping consistent with Rule 11.03, and maintain inventory records in accordance with Rule 11.02(B).
(3) Perform a test for tightness on the interstitial space between the tank's walls as follows:
(a) A test for tightness on the interstitial space shall be performed when the tank has been installed for a period of twenty years, and once every 2 years thereafter.
(b) Interstitial space testing shall be consistent with the tank manufacturer's protocol or an alternative recognized method.
(c) Such testing shall be performed by persons and businesses licensed in accordance with Rules 14.04 and 14.05.
(d) Testing results shall be submitted to the Director within fifteen (15) calendar days of the test date and shall include the start and end vacuum readings, test duration, and water table (as referenced from the tank bottom).
(e) All suspected or confirmed leaks/releases and failed or inconclusive tests shall be immediately reported and promptly investigated in accordance with Rule 12 Leak and Spill Response.
(f) A Release Characterization Report shall be submitted by the owner/operator within seven (7) days for test results which are fail or inconclusive.
(g) The owner/operator must have the contents of a UST system for which test results are fail or inconclusive completely removed within 24 hours, or a retest of the UST system must be arranged by the owner/operator and the retest conducted within 3 days.
(h) If the results of a UST system retest fail or are inconclusive, then the owner/operator must have the contents of the UST system completely removed within 24 hours of the retest.
(i) Test results are to be maintained as permanent records in accordance with Rule 11.02(A).
(j) Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to have this test performed and instead shall be continuously monitored for a change in fluid level in the reservoir and interstice.
(B) Single-Walled USTs: Leak detection requirements as follows:
(1) Install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored, and is consistent with the requirements in Rule 8.15. Single-walled USTs installed prior to October 1984 are required to have automatic tank gauging by December 22, 1998. Single-walled USTs installed between October 1984 and July 1992 are required to have automatic tank gauging upon tank installation. The installation of new single-walled USTs has been prohibited since July 1992.
(2) Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifolded tank applications and meeting U.S. E.P.A. performance standards can be used). All leak test results shall be maintained in accordance with Rule 11.02(B).
(3) Perform daily and monthly inventory record keeping consistent with Rule 11.03. Inventory records are required to be maintained in accordance with Rule 11.02(B), Routine Record-keeping.
(4) Perform a tank tightness test at five-year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Single-walled tanks that have been installed for a period of thirty (30) years shall have a tightness test performed annually beginning in 2015, and all single-walled tanks shall be permanently closed in accordance with the schedule outlined in Rule 8.04. Tank tightness tests shall be consistent with Rule 8.10.
(C) Single-Walled USTs Upgraded with Interior Lining and/or Cathodic Protection: Leak detection requirements as follows:
(1) Install and operate an approved automatic tank gauging system that tests for loss or gain of the substance stored and is consistent with the requirements in Rule 8.15.
(2) Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifolded tank applications and meeting U.S. E.P.A. performance standards can be used). All leak test results shall be maintained in accordance with Rule 11.02(B).
(3) Perform daily and monthly inventory record-keeping consistent with Rule 11.03. Inventory records are required to be maintained in accordance with Rule 11.02(B), Routine Record-keeping.
(4) Perform a tank tightness test at five year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Single-walled tanks that have been installed for a period of thirty (30) years shall have a tightness test performed annually beginning in 2015, and all single-walled tanks shall be permanently closed in accordance with the schedule outlined in Rule 8.04. Tank tightness tests shall be consistent with Rule 8.10.
(5) For USTs upgraded with interior lining and/or cathodic protection in accordance with Rule 8.06 and/or Rule 8.07, annual tightness testing is required in conjunction with inventory record keeping and shall be a permissible leak detection method for a period no longer than ten (10) years after the date of the upgrade. After ten years, a leak detection method that provides for continuous monitoring must be installed consistent with Rules 8.08(C)(1) and (2) and Rule 8.15.
(D) Emergency Diesel Generator USTs: USTs serving an emergency diesel generator, and USTs whose stored substance serves both an emergency diesel generator and an on-site boiler, shall comply with leak detection requirements as follows:
(1) Double-walled USTs shall be equipped with a continuous interstitial space electronic monitoring system consistent with the requirements in Rules 9.15 and 9.17. A test for tightness on the interstitial space between the tank's walls shall be performed when the tank has been installed for a period of twenty years, and every two (2) years thereafter, in accordance with Rule 8.08 (A)(3).
(2) Single-walled UST leak detection requirements are as follows:
(a) Install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored and is consistent with the requirements in Rule 8.15. Single-walled USTs installed prior to October 1984 are required to have been equipped with automatic tank gauging by December 22, 1998. Single-walled USTs installed between October 1984 and July 1992 are required to have been equipped with automatic tank gauging upon tank installation. The installation of single-walled USTs after July 1992 is prohibited.
(b) Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifold tank applications and meeting U.S. E.P.A. performance standards can be used). All leak test results shall be maintained in accordance with Rule 11.02(B), Routine Record-keeping.
(c) Perform a tank tightness test at five year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Single-walled tanks that have been installed for a period of thirty (30) years shall have a tightness test performed annually beginning in 2015, and all single-walled tanks shall be permanently closed in accordance with the schedule outlined in Rule 8.04. Tank tightness tests shall be consistent with Rule 8.10.
(3) Diesel generator USTs used for the production of commercial electricity are regulated in accordance with Rules 8.08(A) and (B).
(E) Waste Oil USTs and Motor Oil USTs: UST's used to store waste oil or motor oil shall comply with leak detection requirements as follows;
(1) Double-walled USTs shall be equipped with a continuous interstitial space electronic monitoring system consistent with the requirements in Rules 9.15 and 9.17. A test for tightness on the interstitial space between the tank's walls shall be performed when the tank has been installed for a period of twenty years and every two (2) years thereafter, in accordance with Rule 8.08 (A)(3).
(2) Single-walled USTs with a capacity of less than or equal to 2000 gallons shall comply with either (a) or (b) below:
(a) ATG and Tank Tightness Testing:
1. Install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored and is consistent with the requirements in Rule 8.15.
2. Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifold tank applications and meeting U.S. E.P.A. performance standards can be used). Leak test results shall be maintained in accordance with Rule 11.02(B).
3. Perform a tank tightness test at five year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Single-walled tanks that have been installed for a period of thirty (30) years shall have a tightness test performed annually beginning in 2015, and all single-walled tanks shall be permanently closed in accordance with the schedule outlined in Rule 8.04. Tank tightness tests shall be consistent with Rule 8.10.
(b) Manual Tank Gauging and Tank Tightness Testing
1. Perform an annual tank tightness test consistent with Rule 8.10.
2. Perform inventory record keeping and leak reporting as follows:
a. Once a week take the tank out of service for a period of 36 hours
b. Take liquid level measurements before and after the 36-hour shut down period.
c. Once a month reconcile your 4 weeks of data in accordance with Appendix D.
(3) Single-walled USTs with a capacity greater than 2000 gallons shall comply with the following requirements:
(a) Install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored and is consistent with the requirements in Rule 8.15.
(b) Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifold tank applications and meeting U.S. E.P.A. performance standards can be used). Leak test results shall be maintained in accordance with Rule 11.02(B).
(c) Perform a tank tightness test at five year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Tank tightness tests shall be consistent with Rule 8.10
(F) Heating Oil USTs Used for Off-Site Consumption: UST systems storing heating oil of any grade that is consumed off-site shall comply with the leak detection requirements outlined in Rules 8.08(A), (B), and (C).
8.09 Leak Detection for Piping: Except as provided in Rule 8.01 above, all existing piping associated with UST facilities shall comply with one or more of the following requirements. Piping that is contained inside a trench or trough (e.g. "Fiber-Trench") shall be considered single walled.
(A) Double Walled Piping:
(1) Requires interstitial or annular space monitoring consistent with Rules 9.16 and 9.17.
(2) Requires a test performed on the secondary containment pipe as follows:
(a) A test for tightness on the interstitial space shall be performed when the piping system has been installed for a period of twenty years, and once every 2 years thereafter.
(b) Interstitial space testing shall be consistent with the piping manufacturer's protocol or an alternative recognized method.
(c) Such testing shall be performed by persons and businesses licensed in accordance with Rules 14.04 and 14.05.
(d) Testing results shall be submitted to the Director within fifteen (15) calendar days of the test date and shall include the start and end pressure readings and test duration.
(e) All suspected or confirmed leaks/releases and failed or inconclusive tests shall be immediately reported and promptly investigated in accordance with Rule 12 Leak and Spill Response.
(f) A Release Characterization Report shall be submitted by the owner/operator within seven (7) days for test results which are fail or inconclusive.
(g) The owner/operator must have the carrier or primary pipe tightness tested in accordance with Rule 8.10 within 3 days of a failed or inconclusiveness interstitial space test. If the primary pipe tests as fail or inconclusive, then the line shall be taken out of service immediately. If the primary pipe tests as pass, then the secondary containment pipe shall be repaired within 30 calendar days.
(h) A repaired secondary containment pipe shall be retested prior to placing the piping system back into regular operation. If the repaired secondary pipe tests as fail or inconclusive, then the owner/operator shall have the line taken out of service immediately.
(i) Test results are to be maintained as permanent records in accordance with Rule 11.02(A).
(j) In accordance with Rule 10.04(C) of the regulations, a qualified environmental consultant is required to be on-site during all excavation activities.
(B) Single Walled Piping: Must comply with the following:
(1) All tank systems equipped with pressurized piping shall have performed a line tightness test upon installation and annually thereafter.
(2) With the exception of "European" or "safe suction" systems (no valve at the tank) all tank systems equipped with suction piping shall have a line tightness test performed upon installation, 5, 8, 11 and 13 years following installation, and annually thereafter.
(3) "European" or "safe suction" piping systems which have the check valve located at the base of the dispensing unit or pump and have no valve at the tank shall have a line tightness test performed upon installation, 5, 8, 11 and 13 years following installation, and once every two years thereafter. When the piping system has been installed for a period of thirty (30) years, a line tightness test shall be performed annually beginning in 2015.
(4) Line tightness tests shall be consistent with Rule 8.10.
(5) Electronic line leak detectors that are third-party certified to meet U.S. E.P.A. performance standards can be used to satisfy Rule 8.09(B)(1). Such equipment shall perform an annual 0.1 gallon per hour pressure leak test. Test results are to be maintained as permanent records in accordance with Rule 11.02(A). All failed or inconclusive tests shall be immediately reported in accordance with Rule 12 Leak and Spill Response. Electronic line leak detectors shall also be tested annually for proper operation in accordance with Rule 8.11.
(6) All single-walled piping shall be permanently closed in accordance with the schedule outlined in Rule 8.04.
(C) Alternative leak detection methods for piping that are equivalent in accuracy and reliability to the methods listed may be approved by the Director pursuant to Rule 18 Variances.
8.10 Tank and Line Tightness Testing Requirements: Tank and line tightness testing shall be consistent with the following:
(A) Tightness test results must be capable of detecting a 0.1 gallon per hour leak rate from the entire tank system, accounting for the effects of thermal expansion or contraction of product, vapor pockets, tank deformation, evaporation, condensation, and the location of the water table. The probability of detection shall be no less than 95 percent and the probability of a false alarm shall be no more than 5 percent.
(B) Each tightness test result submitted to DEM shall include at minimum the following information:
(1) Date the test was performed;
(2) Facility name and address;
(3) Facility owner name and address;
(4) Identification of the USTs tested, including volume and stored material;
(5) Brand name and type of tightness test equipment used for the test;
(6) Identification of the UST system components tested (e.g., tank and lines; tank only);
(7) Product piping type (e.g., pressurized or suction);
(8) Identification of the licensed tester who performed the test, and the names of any persons assisting in the test;
(9) Data sheets with the test readings recorded;
(10) Calculations pertaining to the test method and test results;
(11) Location of monitoring or observation well, if used in the test procedure;
(12) Description of the method used to measure the water table if required, and the result;
(13) Signature of the licensed tester attesting to the accuracy of the information submitted in the test result;
(14) DEM facility ID number; and
(15) Site plan identifying all tanks on site with tank numbers on cover sheet corresponding to tank numbers on the site plan.
(C) Failure to provide the information specified in Rule 8.10(B) may render the test invalid.
(D) The testing company shall notify the Department of the date that the testing will be conducted at least 7 days in advance. All tightness test results required in this rule (including results of failed or inconclusive tests) shall be submitted by the owner/operator to the Director within fifteen (15) calendar days of the date of test completion. All suspected or confirmed leaks/releases and failed or inconclusive tests shall be immediately reported in accordance with Rule 12 Leak and Spill Response.
(E) All persons who conduct tightness tests on underground storage tanks located in Rhode Island are required to be licensed in accordance with Rule 14 Approval of Tank and/or Line Tightness Tests, Leak Detection Methods and Tightness Tester Licensing Requirements.
(F) Any licensed tester or testing company who offers to, or otherwise undertakes the burden of, submitting test results to the Department on behalf of the owner/operator of a UST or UST facility must submit said test results in accordance with the requirements of these Regulations and forward copies of the test results to the owner/operator who contracted for the tests. Failure of the licensed tester to comply with this section will make the tester and the company that employs the tester jointly and severally liable for any penalty assessed by the Department against the owner/operator for the late filing or failure to file the results of these tests.
(G) Tank and line tightness test results are to be maintained as permanent records in accordance with Rule 11.02(A).
8.11 Line Leak Detectors: All underground storage tanks at existing facilities that are equipped with pressurized piping are required to have been fitted with an approved line leak detection system by May 8,1987. Line leak detectors shall be tested annually in accordance with the manufacturer's requirements and procedures by trained, qualified personnel. "Failed" or defective line leak detectors shall be replaced immediately. Operation of a pressurized piping system with a defective or missing line leak detector is prohibited. Records of the annual test results shall be kept in accordance with Rule 11.02(A), Permanent Records.
8.12 Shear/Crash/Impact Valves: Remote pumping systems shall be equipped with an emergency shut-off valve designed to close automatically in the event of a severe impact or fire exposure. The automatic closing feature of this valve shall be checked at the time of installation and at least once a year thereafter by manually tripping the hold-open linkage. "Failed" or defective valves shall be replaced immediately. Testing is to be performed by the owner/operator or trained personnel. The test results, test date, and name of person performing the test shall be kept in accordance with Rule 11.02(B), Routine Record-keeping. Operation of a remote pumping system with a defective crash valve is prohibited.
8.13 Anti-Siphon Valves: Where a tank is located at an elevation that produces a gravity head on the dispensing unit. the tank outlet shall be equipped with a device (such as a solenoid valve) that will prevent gravity flow from the tank to the dispenser. This device shall be positioned, installed, and adjusted so that liquid cannot flow by gravity from the tank to the dispenser in the event of failure of the piping or hose when the system is not in use.
8.14 Check Valves: Suction piping systems shall be equipped with a functioning check valve located directly below and as close as practical to the inlet of the suction pump.
8.15 Operation of Leak Monitoring Equipment:
(A) Leak monitoring devices shall be installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running conditions. All records pertaining to the equipment manufacturer, warranties, maintenance requirements, repairs, and testing shall be maintained on-site for the life of the system or at an alternate location approved by the Director in writing.
(B) Leak monitoring devices shall not be shut off or deactivated at any time except for repair. Any malfunction shall be repaired within fifteen (15) working days of its first occurrence. If the device(s) cannot be repaired within 15 days, the affected system(s) shall be temporarily closed in accordance with Rule 13.03 until satisfactory repairs are made. The owner/operator shall perform daily manual tank gauging and inventory record keeping in the event of a monitoring system being deactivated. Any deactivation of a monitoring device shall be immediately reported to the Director by the owner/operator.
(C) Leak monitoring devices shall employ an audible alarm and a visual indicator, which shall be so located as to be readily heard and seen by the owner/operator or other personnel during normal working hours. All alarms and warnings must be responded to immediately.
(D) All monitoring devices shall be conspicuously marked or labeled as being monitoring devices and shall be secured against vandalism, incidental damage, and improper deactivation.
(E) All continuous monitoring systems and alarms shall be tested by the owner/operator on a monthly basis to ensure that they are operating effectively. Records of such tests shall be maintained in accordance with Rule 11.02(B), Routine Record-keeping.
(F) All leak-monitoring devices shall be inspected, calibrated and tested annually to ensure proper operation. Such testing must be performed by trained, qualified persons and in accordance with the manufacturer's requirements. Records of such tests shall be maintained in accordance with Rule 8.15(A) and Rule 11.02(A), Permanent Records.
(G) Continuous monitoring systems must be designed, constructed, and installed so as to detect a 0.2 gallon per hour leak rate from any portion of tank system that routinely contains product. The probability of detection shall be no less than 95 percent and the probability of a false alarm shall be no more than 5 percent.
8.16 Spill Containment and Overfill Protection:
(A) Spill Containment Basins:
(1) All underground storage tanks at existing facilities are required to have spill containment basins around all fill pipes. Spill containment basins must be capable of holding a minimum of three gallons. Spill containment basins are required to be properly maintained, in good condition, and kept free of water, product or debris. Spill containment basins shall be inspected weekly and before and after deliveries.
(2) USTs with aboveground fill pipes do not require spill containment basins, provided that:
(a) The ground surrounding the fill pipe is covered with a material that is impervious to the substance stored and is properly graded to contain spills of 3 gallons; (example: concrete and asphalt are acceptable, while dirt and grass are not)
(b) The fill pipe extends a minimum of 6 inches above the finished grade;
(c) Above-ground fill pipes located in areas subject to traffic or vehicular damage shall be protected by concrete-filled bollards with a minimum diameter of 2 inches, and at least three feet high, three feet below grade, and spaced no more than four feet apart.
(B) Overfill Protection: All underground storage tanks at existing facilities required to be registered by these regulations are required to have overfill protection in accordance with 9.13(C), with the following exceptions:
(1) USTs used to store heating fuels consumed on-site solely for heating purposes and installed prior to July 21, 1992; and
(2) USTs that never receive more than 25 gallons at one time.
(C) Written verification of the installation of spill containment and overfill protection equipment must be submitted by the owner/operator to the Director within fifteen (15) calendar days of installation.
(D) Sumps: Piping collection and transition sumps, submersible pump head containment structures, and dispenser pans/sumps, where existing, shall be maintained such that all penetration fittings and entry boots are in good condition, all sensors are secured in an upright position and located at least one inch below the lowest penetration fitting or entry boot, and are kept clean and dry. Sumps shall be inspected at least annually and whenever an alarm or warning from a leak monitoring device indicates the presence of product or water.
8.17 Submerged Fill Tube: Except as provided in Rule 8.01, all USTs are required to be equipped with a submerged fill tube.
8.18 Fill Pipe Labeling: All fill pipes and/or fill box covers shall be permanently labeled or otherwise permanently marked, so that the product inside the tank is identified. The American Petroleum Institute Publication 1637, 2006 may be used to satisfy this requirement.
8.19 Groundwater Monitoring Wells and UST Pad Observation Wells: All groundwater monitoring wells and tank pad observation wells that are finished at ground level must:
(A) Be equipped with a labeled and tamper-resistant cover. Labels shall identify them as being groundwater monitoring or observation wells.
(B) Be fitted with a locking gripper cap or plug.
(C) Cannot be screened to the top, in order to prevent surface water from infiltrating the wells.
(D) Be maintained so as to assure the prevention of pollutants from entering into the well.
(E) Unless otherwise instructed by the Director, the water in all groundwater monitoring wells shall be bailed and evaluated for visual and olfactory evidence of free product no less than once per year and in accordance with Rule 9.18(C). Groundwater monitoring wells no longer used to gather information on geologic or groundwater properties shall be permanently abandoned in accordance with Appendix 1 of the RIDEM "Rules and Regulations for Groundwater Quality."
8.20 Record Keeping: Owners/operators of existing facilities shall maintain records documenting compliance with the provisions of Rule 8 Minimum UST Operation and Maintenance Facility Requirements, in accordance with Rule 11 Maintaining Records.
8.21 Delivery Prohibition
(A) The Director shall classify all USTs located at a facility as ineligible for delivery, deposit, or acceptance of petroleum or hazardous materials, after providing written notice and within (7) seven days of determining that one or more underground storage tanks at the facility has one or more of the following violations:
(1) Failure to have the required spill prevention equipment installed, per Rule 8.16
(2) Failure to have the required overfill protection equipment installed, per Rule 8.16
(3) Failure to have the required leak detection equipment installed, per Rules 8.08, 8.09, and 8.11; or
(4) Failure to have the required corrosion protection equipment installed, per Rule 8.05
(B) The Director may classify all USTs located at a facility as ineligible for delivery, deposit, or acceptance of petroleum or hazardous materials, if the owner/operator fails to complete corrective action and submit documentation within sixty (60) days following written notice from the Department of one or more of the following violations:
(1) Failure to properly operate and/or maintain leak detection equipment, perform tank or pipeline tightness testing, and/or compile inventory control records per Rules 8.08, 8.09, 8.10, 8.11, 8.15, and 11.03;
(2) Failure to properly operate and/or maintain spill prevention, overfill protection, or corrosion protection equipment per Rules 8.06, 8.07, and 8.16;
(3) Failure to maintain Financial Responsibility per Rule 7 and the Regulations promulgated under the "Rhode Island Underground Storage Tank Financial Responsibility Act", RIGL Chapter 46-12.9;
(4) Failure to register or maintain registration including payment of all required fees; or
(5) Failure to obtain or maintain required certification for Class A, Class B and/or Class C operator(s) per Rule 8.22.
(C) Upon classification of a UST system as ineligible for delivery, deposit, or acceptance of petroleum or hazardous materials, the Department shall determine and record the inventory of petroleum or hazardous materials remaining in each of the USTs located at the facility and a red tag shall be affixed by the Department to the fill pipe(s) of all USTs located at the facility. The tag or device must be:
(1) Located on the fill pipe of the UST,
(2) Affixed in a manner that it is easily and immediately visible to the product deliverer; and
(3) Affixed in manner that it cannot be removed and reattached without obvious visual evidence.
(D) No owner, operator, product deliverer or other person shall deliver, deposit, or accept petroleum or hazardous materials into a UST which has a red tag affixed to the fill pipe.
(E) No owner, operator, product deliverer, or other person shall remove, deface, alter, or otherwise tamper with a red tag affixed to a UST fill pipe.
(F) A red tag shall remain affixed to a UST classified as ineligible for delivery, deposit, or acceptance of petroleum or hazardous materials until:
(1) The UST is returned to compliance for the violations causing classification of the UST as ineligible for delivery, deposit, or acceptance of petroleum or hazardous materials;
(2) The owner/operator submits notification to the Department that the violations causing the UST to be classified as ineligible for delivery, deposit, or acceptance of petroleum or hazardous materials have been corrected. Such notification shall be a written report detailing all actions that have been taken to return to UST to compliance and including verification such as test reports, invoices, receipts, inventory records, etc.; and
(3) As soon as practicable, and within seven (7) days after notification of the corrections, the Department will perform a review sufficient to determine compliance and reclassify, or cause to be reclassified, the UST as eligible for delivery, deposit, or acceptance of petroleum or hazardous materials. For this section, "reclassified" shall mean the physical removal of the "Red Tag" by the Department or an individual specifically authorized by the Director to remove such tags.
(G) USTs that are not brought into compliance including submission of all required notification and documentation to the Department within thirty (30) days after a red tag has been affixed, shall, be immediately placed into temporary closure in accordance with Rule 13.03.
(H) USTs that are not brought into compliance including submission of all required notification and documentation to the Department within one hundred and eighty (180) days after a red tag has been affixed, shall be immediately permanently closed in accordance with Rules 13.05 and 13.11.
(I) The Director may delay classifying a facility as ineligible for delivery, deposit or acceptance of petroleum or hazardous materials for up to one hundred and eighty (180) days if the Department determines that prohibiting deliveries to the UST(s) would jeopardize health and safety or the availability of fuel to the community.
8.22 Operator Training Requirements
(A) Effective August 1, 2012, all UST facilities shall have operators that are trained and certified according to the requirements of this Rule. All facilities shall have three classes of operators: A, B, and C.
(1) A facility may have more than one individual designated for each class of operator.
(2) An individual certified as a Class A or Class B operator may do so at more than one UST facility.
(3) The same individual may serve as Class A, Class B, and Class C operator, provided the individual is certified in each Class.
(4) Prior to August 1, 2012, each facility must complete and submit the Department's certified operators form listing Class A and Class B operators, and shall immediately submit an updated form whenever there is a change in designated Class A and Class B operators.
(5) After August 1, 2012, all new Class A and Class B operators shall be trained and certified within 30 days of assuming responsibility for a UST facility.
(6) Class C operators must be trained prior to assuming the responsibilities of a Class C operator.
(7) All facilities must maintain, and revise when changes occur, a list of all its Class C operators assigned to the facility. The list shall include the latest date of training, and the name of the Class A or Class B operator that trained each Class C operator.
(B) The Class A operator is an individual who has the primary statutory and regulatory responsibility for maintenance and operation of the UST facility. This individual shall be trained to have an understanding of the statutory and regulatory requirements that relate to the permitting of the facility, including: financial responsibility; spill containment; overfill protection; release detection; corrosion protection; emergency response; product compatibility; notification requirements; release and suspected release reporting; temporary and permanent closure requirements; reporting and recordkeeping requirements; and operator training requirements. The Class A operator shall, at a minimum:
(1) Ensure proper operation and maintenance of the UST system.
(2) Ensure proper record keeping.
(3) Ensure a proper response to emergencies caused by releases or spills from UST systems.
(4) Make financial responsibility documents available upon request to the Department.
(5) Ensure all UST registration fees are paid to date.
(6) Ensure that the facility has a certified Class B and a trained Class C operator(s).
(C) The Class B operator is an individual who shall implement the daily on-site operation and maintenance of a UST system(s). This individual shall be trained to have a practical and regulatory understanding of the components of an UST system and its proper operation, including: spill containment; overfill protection; release detection; corrosion protection; emergency response; and product compatibility. The Class B operator shall, at a minimum:
(1) Ensure that all applicable sections of Rule 8 are met including, but not limited to; spill containment, overfill protection, leak detection (including inventory control), and corrosion protection.
(2) Ensure that the Class C operators are trained to respond to emergencies caused by releases or spills from the UST system.
(D) The Class C operator is an individual who is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual shall be trained to recognize and respond to emergencies caused by releases or spills from the UST system, and be familiar with the facility layout and with reading alarm enunciator panels. Except as specified in (E) below, a Class C operator shall:
(1) Be present at the facility during all operating hours.
(2) Control or monitor the dispensing or sale of regulated substances from the UST system.
(3) Properly respond to alarms or releases.
(4) Notify the Class A or Class B operator and appropriate emergency responders when there is a spill or other emergency.
(E) Facilities that do not normally have employees on-site (e.g., state/municipal unmanned fueling facilities) shall have a sign posted that lists both the name and telephone number of the owner or operator and local emergency responders, and advises persons to call these numbers in the event of a spill or other emergency. This sign must be posted so that if an emergency occurs the person fueling the vehicle or filling the USTs can read it. Before operating without having a Class C operator present during all operating hours, these facilities must be approved by the Department in writing. These facilities must still have trained A, B and C operators. A designated person(s) must be available to respond to emergencies when the owner or operator is contacted.
(F) The Class A or B operator shall conduct an on-site inspection at least once a month and complete a monthly inspection form that will be provided by the Department. Results of these inspections shall remain on file at the facility for three years, and be made available at the time of a Department inspection.
(G) Operator Training and Certification
(1) Operator knowledge for all A and B operators must be demonstrated by the passing of an ICC (International Code Council) exam approved by the Department. Certification as a result of passing this exam will be good for five years provided the facility remains in compliance with these regulations. A copy of this certification must be submitted to the Department to remain in compliance.
(2) Passing any other New England State approved exam administered by ICC will be an acceptable means of demonstrating knowledge and a certificate of passing must be submitted to the Department. A certificate of passing of any other New England ICC exam will be good for five years provided the facility remains in compliance with these regulations.
(3) If a new operator in RI has demonstrated knowledge from passing an exam approved by another state (not administered by ICC), that certificate is allowed as an acceptable means of demonstrating knowledge for a period of one year provided the facility remains in compliance with these regulations. A copy of the certification must be submitted to the Department. After one year, the Class A or Class B operator must pass an ICC administered exam approved by the Department and submit a copy of that certification to the Department.
(4) Class C operators must be trained every two years, by a Class A or B operator (or a Class A or B operator trained in accordance with (G)(1), (2) or (3) above may be designated as a Class C operator for the time period(s) specified in (G)(1), (2) or (3) above).
(H) Retraining and Re-Certification-If a facility is not in compliance with these regulations at the time of a Department or EPA conducted UST compliance inspection then the Class A and/or Class B operators shall be required to be retrained and re-certified as specified below:
(1) Class A operators shall be retrained and re-certified if any facility for which they provide oversight is determined by the Department to be significantly out of compliance with the requirements of these regulations for which a Class A operator is responsible as provided in Rule 8.22(B).
(2) Class B operators shall be retrained and re-certified if any facility for which they provide oversight is determined by the Department to be significantly out of compliance with requirements of these regulations for which a Class B operator is responsible as provided in Rule 8.22(C):
(3) Class A and B operators that require retraining shall be retrained and recertified within 60 days of the date of the Department's letter of non compliance, and shall submit written documentation within 10 days of re-certification.
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11.02 Records: All owners/operators of UST facilities shall maintain on the facility premises or at an alternate location approved by the Director, for the period of time specified below, records of the following:
(A) Permanent Records: The following shall be maintained for three years beyond the operational life of the facility:
(1) All data used to complete the application for the certificate of registration;
(2) All records of modifications or repairs to pipes, fittings or other components of underground storage tank systems;
(3) Annual test results of equipment or systems used for leak detection and inventory control;
(4) Results of monitoring well checks as referenced in Rules 8.19(D) and 9.18 (C);
(5) Records of closure activities;
(6) Records of leaks, spills, releases, overfills, site investigations, and remedial response activities taken;
(7) Tank and/or line tightness test results including all of the information required in Rule 8.10;
(8) All records pertaining to the operation and maintenance of approved corrosion protection methods as required in Rule 8.06 and 8.07;
(9) Equipment warranties and manufacturers' checklists.
(B) Routine Record-keeping: The following records shall be maintained for a minimum period of three years from the date made, or for such longer periods as required by the Director in the resolution of enforcement actions:
(1) Records of all calibration and standard maintenance performed;
(2) Records of strip charts, electronic recall device and/or manual recordings for any continuous monitoring instrumentation;
(3) Records of monthly tests of continuous monitoring systems as required in Rules 8.15 (E) and 9.17 (E).
(4) Records of Operator's monthly inspection checklists.
(5) Daily and monthly inventory record keeping, as described in Rule 11.03 below.
(6) Records of annual shear valve tests.
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12.02 General Requirements: All owners/operators of underground storage tank systems storing petroleum products or hazardous materials must report, investigate, and clean up any spills, leaks, or releases in accordance with this Rule and any other applicable provisions of local, state and federal statutes, rules and regulations.
12.03 Investigation of Suspected Releases: All owners/operators must promptly investigate all suspected leaks or releases, including, but not limited to, instances where:
(A) Unusual operating conditions, release detection signals or environmental conditions at the site suggest a release may have occurred; and
(B) Investigation is required by the Director to determine the source of a release.
(C) The Director may require a Release Characterization Report when unusual operating conditions at a facility create reasonable suspicion of a leak or release and therefore warrant further investigation. All pertinent operation and maintenance records must be included in the report.
12.04 Leak and Release Reporting Requirements:
(A) All persons shall immediately report all confirmed and suspected leaks or releases from USTs to:
(1) The Director;
(2) The appropriate local fire official;
(3) The local public water supplier, in the event a spill occurs in a public supply watershed or in a wellhead protection area for community water supply wells.
(B) Persons reporting leaks or releases to the Director shall provide the following information:
(1) Name and phone number of person reporting the release;
(2) Location of the release and name of the facility;
(3) Date and time of the release;
(4) Type, and to the extent known, the amount of material released;
(5) Name and phone number of the potentially responsible party, if known.
(C) Tank and/or line tightness test results which are fail or inconclusive shall be reported to the Director by the tester within two (2) hours of the test. The owner/operator must submit the failed test within fifteen (15) days of the test date and submit a Release Characterization Report in accordance with Rule 12.07.
(1) The owner/operator must have the contents of the UST system completely removed within 24 hours; or
(2) The owner/operator must make arrangements for a retest of the UST system, and the retest must be conducted within 3 days. If the UST system retest results indicate a failed or inconclusive test, the owner/operator must have the contents of the UST system completely removed within 24 hours of the retest.
(3) Lines that test as failed or inconclusive shall be taken out of service immediately.
NOTE: During normal working hours reports of releases should be made to the DEM UST Section at (401)-222-2797; fax (401)-222-3813. At all other times, reports can be made to the DEM 24-hour Emergency Response Hotline at (401)-222-3070.
**Note: Only the section analyzed by the PHASYS team is included here as the entire regulation exceeded ~100 pages.
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