Lawriter - OAC - 1301:7-9-06 Design, construction, installation, operation, and maintenance for UST systems.

1301:7-9-06 Design, construction, installation, operation, and maintenance for UST systems.

(A) Purpose and scope.

(1) For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish design, construction, installation, operation and maintenance requirements for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119 of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(2) Where any provision in this rule creates a duty of compliance for an owner and operator, and the owner and operator are separate persons, compliance may be attained by either person. In the event of noncompliance, both are liable.

(B) Performance standards for new UST systems.

(1) New UST systems shall be provided with secondary containment for the UST and underground piping that routinely contains regulated substances to completely contain a release of a regulated substance and prevent a release of a regulated substance to the environment at any time during the operational life of the UST system pursuant to the following requirements:

(a) New USTs shall be double-wall and shall be equipped, operated and maintained pursuant to paragraphs (D)(1) and (D)(2) of this rule;

(b) Underground piping that routinely contains regulated substances that is part of a new UST system shall be double-wall and shall be equipped, operated and maintained pursuant to paragraphs (D)(3) and (D)(4) of this rule except that:

(i) Underground piping that conveys petroleum under suction is not required to be equipped to meet the secondary containment requirements of paragraph (B)(1)(b) of this rule; and

(ii) A manifold that conveys petroleum under suction between tanks is not required to be equipped to meet the secondary containment requirements of paragraph (B)(1)(b) of this rule;

(c) New UST systems shall be equipped with containment sumps and operated and maintained pursuant to paragraphs (D)(5) and (D)(6) of this rule, and containment sumps shall be present at the following locations:

(i) In those areas where piping that routinely contains regulated substances exits the UST;

(ii) In those areas where piping that routinely contains regulated substances transitions from underground to above ground;

(iii) In those areas where a transition sump is required to maintain the proper slope of piping that routinely contains regulated substances; and

(iv) In those areas under each motor fuel dispenser;

(d) Other methods of secondary containment, such as vaults, external liners and jackets, may be used if owners and operators:

(i) Demonstrate to the state fire marshal that the alternative method of secondary containment is at least as protective of human health and the environment as those methods described in paragraphs (B)(1)(a) to (B)(1)(c) of this rule; and

(ii) Obtain written approval from the state fire marshal to use the alternative method of secondary containment before installation and operation of the new UST system. The state fire marshal may approve, deny or rescind the method at the state fire marshal's discretion. If the alternative method of secondary containment is approved by the state fire marshal, the owner and operator shall comply with any conditions imposed by the state fire marshal on its use. The alternative method request shall be evaluated on a site by site basis;

(e) New UST systems shall be equipped with spill prevention equipment and overfill prevention equipment pursuant to paragraphs (D)(7) and (D)(8) of this rule, except that flow restrictors in vent lines may not be used to meet overfill prevention requirements on new UST systems;

(f) If an owner or operator elects to equip an UST system in a manner that exceeds the requirements of this rule, the owner and operator is only required to maintain the UST system to the extent required by this rule; and

(g) New UST systems shall meet compatibility requirements described in paragraph (D)(9) of this rule.

(C) Performance standards for existing UST systems.

(1) Existing underground storage tanks (i.e., just the tank portion of the system) shall be equipped, operated and maintained pursuant to paragraphs (D)(1) and (D)(2) of this rule except that:

(a) Existing USTs installed prior to May 16, 2011, are not required to be equipped to meet the new UST secondary containment requirements of paragraph (B)(1) of this rule unless the USTs undergo work pursuant to paragraph (C)(6)(a) of this rule; and

(b) The addition of internal lining in the field to an existing metal UST system to meet cathodic protection requirements is prohibited.

(c) The addition of internal lining in the field to UST systems for purposes other than for cathodic protection is allowed. Owners and operators shall comply with any conditions imposed by the state fire marshal on the use of internal lining. Owners and operators shall obtain approval from the manufacturer of the UST prior to the addition of internal lining. All lining activity shall be performed by a person recognized by the manufacturer to perform the lining of the UST.

(2) Existing underground piping that routinely contains regulated substances shall be equipped, operated and maintained pursuant to the new piping requirements defined in paragraph (B)(1)(b) and paragraphs (D)(3) and (D)(4) of this rule except that:

(a) Existing underground piping associated with UST systems installed prior to March 1, 2005, is not required to be equipped to meet secondary containment requirements of paragraph (B)(1)(b) of this rule except those piping components undergoing work pursuant to paragraph (C)(6)(b) of this rule;

(b) Existing underground piping that conveys petroleum under suction is not required to be equipped to meet secondary containment requirements of paragraph (B)(1)(b) this rule;

(c) Existing suction manifolds between tanks are not required to be equipped to meet the secondary containment requirements of paragraph (B)(1)(b) of this rule; and

(d) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with isolation valves between the piping and the tank as described in paragraph (D)(3)(d) of this rule.

(3) Existing UST systems shall be equipped, operated and maintained with containment sumps as specified in paragraphs (D)(5) and (D)(6) of this rule except that existing UST systems installed prior to March 1, 2005, are not required to be equipped with containment sumps except for those UST systems undergoing work pursuant to paragraphs (C)(6)(c) and (C)(6)(d) of this rule.

(4) Existing UST systems shall be equipped with spill prevention equipment and overfill prevention equipment meeting the requirements of paragraphs (D)(7) and (D)(8) of this rule except that:

(a) Existing UST systems installed prior to March 1, 2005, that were filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of this rule except USTs undergoing work pursuant to paragraph (C)(6)(a) of this rule;

(b) Flow restrictors in the vent lines for overfill prevention shall not be allowed on any type of suction system, USTs filled by a pressurized delivery system, or USTs utilizing coaxial stage I vapor recovery systems; and

(c) Flow restrictors in vent lines may not be used to meet overfill prevention requirements when an existing flow restrictor is replaced.

(5) Existing UST systems containing hazardous substances as defined in rule 1301:7-9-03 of the Administrative Code shall be equipped, operated and maintained pursuant to the new UST system requirements defined in paragraph (B) of this rule except that:

(a) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with containment sumps in all of the locations described in paragraph (B)(1)(c) of this rule. UST systems shall have sufficient containment sumps to demonstrate that the UST system is fully secondarily contained;

(b) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with isolation valves between the piping and the tank pursuant to paragraph (D)(3)(d) of this rule;

(c) Existing UST systems installed prior to March 1, 2005, that are filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of paragraphs (D)(7) and (D)(8) of this rule; and

(d) Existing underground piping and manifolds that convey hazardous substance under suction shall be equipped with full secondary containment pursuant to paragraph (B)(1)(b) of this rule.

(6) Any work performed on an existing UST system that requires a permit pursuant to rule 1301:7-9-10 of the Administrative Code or as otherwise provided in this paragraph, shall meet the following requirements:

(a) If work causes an existing UST to be replaced, the new UST shall be equipped, operated and maintained pursuant to the new UST requirements defined in paragraph (B)(1)(a) of this rule. The following requirements may also apply:

(i) Tank top containment sumps shall be installed pursuant to paragraph (B)(1)(c)(i) of this rule; and

(ii) Existing piping and dispenser containment sumps shall be installed, replaced, or modified pursuant to paragraphs (C)(6)(b) to (C)(6)(d) of this rule;

(b) If piping is installed, replaced, modified, or undergoes major repair that affects more than fifty per cent of an existing piping run measured as the length of the pipe between the connection at the UST and the furthest dispenser or use location associated with the UST connection that routinely contains regulated substances, then the piping and associated containment sumps shall be equipped, operated and maintained pursuant to the new piping and containment sump requirements defined in paragraphs (B)(1)(b) and (B)(1)(c) of this rule. The measurements relating to the fifty per cent threshold shall be cumulative and shall include all work performed after May 16, 2011;

(c) If a new fuel dispenser is installed where there previously was no fuel dispenser at an existing UST site then a new containment sump shall be installed pursuant to paragraphs (D)(5) and (D)(6) of this rule; and

(d) If an existing fuel dispenser is replaced with another fuel dispenser and all of the equipment needed to connect the dispenser to the underground storage tank system is installed, replaced, modified or undergoes a major repair at the same time, then a new containment sump shall be installed pursuant to paragraphs (D)(5) and (D)(6) of this rule. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers, flexible connectors, and other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

(7) If an owner and operator elects to equip an UST system in a manner that exceeds the requirements of this rule, the owner and operator is only required to maintain the UST system to the extent required by this rule.

(8) Existing UST systems that undergo a change of product shall meet compatibility requirements described in paragraph (D)(9) of this rule.

(D) Design, construction, operation and maintenance of UST systems.

(1) USTs shall be designed and constructed pursuant to one of the following:

(a) The tank is constructed of fiberglass-reinforced plastic in compliance with Underwriters Laboratories Standard 1316-06, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures";

(b) The tank is constructed of metal in compliance with Underwriters Laboratories Standard 58-98, "Steel Underground Tanks for Flammable and Combustible Liquids," coated with a suitable dielectric material and cathodically protected using:

(i) Field-installed cathodic protection systems that are designed by a corrosion expert; or

(ii) The tank and cathodic protection system comply with the requirements of one of the following:

(a) Underwriters Laboratories Standard 1746-14, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks";

(b) National Association of Corrosion Engineers International Standard Practice SP-0285-11; "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection"; or

(c) Steel Tank Institute STI-P3-15, "Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks"; or

(c) The tank is constructed of a steel-fiberglass-reinforced-plastic composite in compliance with:

(i) Underwriters Laboratories Standard 1746-14, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks," or

(ii) Steel Tank Institute F894-15, "ACT-100 Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks."

(2) USTs shall be operated and maintained pursuant to all of the following:

(a) Owners and operators shall use UST system components that are compatible with the regulated substance stored in the UST system pursuant to the compatibility requirements described in paragraph (D)(9) of this rule;

(b) If the UST system is used to store alcohol blends, the owner and operator shall ensure compatibility by complying with the compatibility requirements described in paragraph (D)(9) of this rule;

(c) Owners and operators shall inspect all accessible UST and piping components at least once a year for evidence of degradation and shall correct any deficiencies that could cause a release or prevent release detection equipment from working properly. At a minimum, USTs and piping shall be monitored for any visible corrosion, pealing, cracking or excessive distortion of the UST and piping components;

(d) Operation and maintenance of corrosion protection.

(i) All corrosion protection systems shall be operated and maintained to continuously provide corrosion protection.

(ii) All UST systems equipped with cathodic protection systems shall be tested for proper operation by a cathodic protection tester within six months of installation and at least every three years thereafter.

(iii) UST systems with impressed current cathodic protection systems shall be inspected every sixty days by the owner and operator to ensure that the equipment is operating properly.

(iv) For UST systems using cathodic protection, records of the testing of the cathodic protection system shall be maintained in compliance with this rule. These records shall provide the following:

(a) The results from the last two tests required in paragraph (D)(2)(d)(ii) of this rule; and

(b) The results of the last six inspections required by paragraph (D)(2)(d)(iii) of this rule.

(v) The following codes of practice may be used to comply with paragraph (D)(2)(d) of this rule:

(a) National Association of Corrosion Engineers International Standard Practice SP0285-11, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection";

(b) National Association of Corrosion Engineers International Test Method TM0101-12, "Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems";

(c) National Association of Corrosion Engineers International Test Method TM0497-12, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems";

(d) Steel Tank Institute R051-06, "Cathodic Protection Testing Procedures for STI-P3 USTs"; or

(e) Steel Tank Institute R972-10, "Recommended Practice for the Addition of Supplemental Anodes to STI-P3 USTs".

(vi) If cathodic protection testing indicates failure or inconclusive results, or if the cathodic protection equipment is turned off or disconnected from the UST system for more than twelve months, then the UST system shall be assessed by a corrosion expert as defined in rule 1301:7-9-02 of the Administrative Code to affirm that the corrosion protection equipment is performing pursuant to the requirements of this rule.

(e) UST systems internally lined to meet cathodic protection requirements shall comply with the following:

(i) Within ten years after lining, and every five years thereafter, the lined tank shall be internally inspected to determine if it is structurally sound with the lining still performing in accordance with American Petroleum Institute Publication RP 1631-01, "Interior Lining and Periodic Inspection of Underground Storage Tanks"; and

(a) A modification permit shall be obtained prior to performing work in accordance with rule 1301:7-9-10 of the Administrative Code;

(b) Video camera inspections shall not be used to meet the requirements of this paragraph;

(c) The use of personnel and lining materials listed pursuant to rule 1301:7-7-34 of the Administrative Code is not required; and

(d) After the effective date of this rule, cathodic protection may not be added to previously lined USTs;

(ii) Any UST system internally lined that fails to meet the criteria described in this paragraph shall be removed in accordance with rule 1301:7-9-12 of the Administrative Code; and

(iii) UST systems internally lined that also have cathodic protection that meets the requirements of paragraphs (D)(1) to (D)(2)(d)(iv) of this rule do not have to comply with paragraph (D)(2)(e) of this rule.

(f) Non-metallic UST systems internally lined for compatibility purposes shall comply with the following:

(i) UST lining activities shall be in accordance with American Petroleum Institute Publication RP 1631-01, "Interior Lining and Periodic Inspection of Underground Storage Tanks" and with Fiberglass Tank and Piping Institute RP T-95-02, "Remanufacturing of FRP Underground Storage Tanks";

(ii) A modification permit shall be obtained prior to performing lining work in accordance with rule 1301:7-9-10 of the Administrative Code;

(iii) The use of personnel and lining materials listed pursuant to rule 1301:7-7-34 of the Administrative Code is not required; and

(iv) The periodic re-inspection of previously lined fiberglass USTs is not required.

(g) All corrosion protection systems on UST systems shall be installed, operated and maintained in a manner that minimizes any adverse effects on adjacent underground metallic structures, including but not limited to, natural gas pipe lines, telecommunication cables and water and sewage pipelines. If at any time a corrosion protection system on an UST system is believed to have adversely affected an adjacent underground metallic structure, owners and operators shall immediately participate in the testing and remediation of any such adverse effects.

(3) Piping that routinely contains regulated substances shall be designed and constructed pursuant to the following:

(a) The piping is constructed of fiberglass-reinforced plastic, flexible plastic technology piping or other non-metallic piping in compliance with:

(i) Underwriters Laboratories Standard 971-06, "Standard for Nonmetallic Underground Piping for Flammable Liquids" or

(ii) National Fire Protection Association 30-15, "Flammable and Combustible Liquids Code";

(b) The piping is constructed of metal in compliance with:

(i) Underwriters Laboratories Standard 971A-06, "Outline of Investigation for Metallic Underground Fuel Pipe";

(ii) National Fire Protection Association 30-15 "Flammable and Combustible Liquids Code"; or

(iii) American Society of Mechanical Engineers B 31.3 -16, "ASME Code for Pressure Piping";

(c) Piping that is constructed of metal that routinely contains regulated substances that is in contact with the ground shall be coated with a suitable dielectric material and cathodically protected using:

(i) Field-installed cathodic protection systems that are designed by a corrosion expert; or

(ii) The piping and cathodic protection systems meet the requirements of one of the following:

(a) American Petroleum Institute Publication RP 1632-02, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems";

(b) National Association of Corrosion Engineers International Standard Practice SP0169-13, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems";

(c) Steel Tank Institute R892-06, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems"; or

(d) National Association of Corrosion Engineers International Test Method TM0497-12, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems"; and

(d) Piping that routinely contains regulated substances shall be installed with an isolation valve to allow for the separation of the piping from the UST. The isolation valve shall be easily accessible.

(e) Piping, including vent piping and ancillary equipment, shall not be configured in a manner that will cause unintentional syphoning, backflow or over-pressurization of the UST system or cause the defeat of shear valves, check valves, release detection equipment, or similar components.

(4) Piping that routinely contains regulated substances shall be operated and maintained pursuant to all of the following:

(a) Owners and operators shall use piping system components that are compatible with the regulated substance stored in the UST system pursuant to paragraph (D)(9) of this rule;

(b) Owners and operators shall inspect all accessible piping components at least once a year for evidence of degradation and shall correct any deficiencies that could cause a release or prevent release detection equipment from working properly pursuant to paragraph (D)(2)(c) of this rule;

(c) All corrosion protection systems for metallic piping shall be operated and maintained pursuant to the schedules and record keeping requirements found in paragraph (D)(2)(d) of this rule;

(d) Repairs and modifications to piping shall be in accordance with the following:

(i) Metal pipe sections and fittings shall be repaired or modified using new sections and fittings. Unions shall occur in containment sumps that meet the requirements of paragraphs (D)(5) and (D)(6) of this rule; and

(ii) Connections for non-metallic piping shall be in accordance with the manufacturer's requirements or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(5) Containment sumps shall be properly designed and constructed pursuant to all of the following:

(a) Each containment sump shall be large enough to allow for the visible inspection and access of all components within the containment sump;

(b) Each penetration through a containment sump shall be water tight while allowing for any forces that may act on the penetration;

(c) Each containment sump shall be designed to minimize the infiltration of surface water into the containment sump area; and

(d) Covers for containment sumps shall be designed or managed to allow access to the containment sump within four hours of a request by the state fire marshal or local fire official.

(6) Containment sumps shall be properly operated and maintained pursuant to the following:

(a) All containments sumps shall be inspected at least once a year for proper operation and for the presence of water, regulated substances and debris in accordance with the following:

(i) Containment sumps shall be inspected for evidence of excessive distortion, cracking or gross failure of the containment sumps and any penetration fittings;

(ii) All water and debris shall be removed and properly disposed; and

(iii) All regulated substances shall be removed and properly disposed;

(b) The following containment sumps shall be tested for tightness every three years in accordance with paragraph (F)(3) of rule 1301:7-9-07 of the Administrative Code:

(i) All containment sumps installed on new UST systems after March 1, 2005;

(ii) All containment sumps associated with UST systems containing hazardous substances pursuant to rule 1301:7-9-03 of the Administrative Code;

(iii) All containment sumps installed on existing UST systems as a result of activities required by paragraph (C)(6)(c) or (C)(6)(d) of this rule; and

(iv) All other containment sumps associated with UST systems where the containment sump serves as part of the interstitial monitoring system.

(c) Double wall containment sumps may forgo the tightness test requirement described in paragraph (D)(6)(b) of this rule if the interstice of the double wall is checked for a leak at least once a year; and

(d) The addition of internal lining in the field to containment sumps is allowed. Owners and operators shall comply with any conditions imposed by the state fire marshal on the use of internal lining. For a containment sump described in paragraph (D)(6)(b) of this rule, owners and operators shall obtain approval from the manufacturer of the containment sump prior to the addition of internal lining. All lining activity shall be performed by a person recognized by the manufacturer to perform the lining of the containment sump.

(7) Spill prevention equipment and overfill prevention equipment shall be designed and constructed pursuant to all of the following:

(a) Owners and operators shall install spill prevention equipment with a capacity of at least five gallons that will prevent the release of product into the environment when the transfer hose is detached from the fill pipe; and

(b) Owners and operators shall install overfill prevention equipment that will achieve one of the following:

(i) Automatically shut off flow into the tank when the tank is no more than ninety-five per cent full;

(ii) Alert the transfer operator when the tank is no more than ninety per cent full by restricting the flow into the tank or triggering a high-level alarm; or

(iii) Restrict flow thirty minutes prior to overfilling, alert the operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

(8) Spill prevention equipment and overfill prevention equipment shall be properly operated and maintained pursuant to all of the following:

(a) Owners and operators of all UST systems shall ensure that releases due to spilling or overfilling do not occur. The owner and operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling;

(b) The owner and operator of all UST systems shall report, investigate and clean up any spills and overfills in compliance with rule 1301:7-9-13 of the Administrative Code;

(c) No later than October 13, 2018, owners and operators shall inspect all spill prevention equipment at least every thirty days. Spill prevention equipment at UST systems receiving deliveries at intervals greater than every thirty days may be inspected prior to and following each delivery. Inspections shall consist of:

(i) Visual inspection for damage;

(ii) Removing liquid or debris;

(iii) Inspection for and the removal of obstructions in the fill pipe;

(iv) Inspection of the fill cap to make sure it is securely on the fill pipe; and

(v) For double walled spill prevention equipment with interstitial monitoring, inspection for a leak in the interstitial area;

(d) No later than October 13, 2018, owners and operators shall test all spill prevention equipment in the following manner:

(i) Spill prevention equipment shall be tightness tested at least once every three years in accordance with paragraph (F)(3) of rule 1301:7-9-07 of the Administrative Code to ensure the equipment is liquid tight; or

(ii) For double wall spill prevention equipment, the integrity of both walls may be monitored every thirty days as described in paragraph (D)(8)(c) of this rule; and

(e) No later than October 13, 2018, owners and operators shall test overfill prevention equipment at least once every three years. At a minimum, the inspection shall ensure that overfill prevention equipment is set to activate at the correct level specified in paragraph (D)(7)(b) of this rule and will activate when regulated substances reaches that level.

(9) Owners and operators shall use an UST system made of or lined with materials that are compatible with the substance stored in the UST system.

(a) For new and existing UST systems undergoing a change of product, owners and operators shall demonstrate compatibility of the UST system, including the UST, piping, containment sumps, ancillary equipment, release detection equipment, spill prevention equipment, and overfill prevention equipment using one of the following options:

(i) Certification or listing of the UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance;

(ii) Written approval by the equipment or component manufacturer specific to the regulated substance; or

(iii) Another option determined by the state fire marshal to be no less protective to human health and the environment than the options listed in paragraph (D)(9)(a)(i) or (D)(9)(a)(ii) of this rule.

(b) Owners and operators shall maintain records in accordance with paragraph (E)(5) of this rule demonstrating compliance with this paragraph.

(E) General performance standards, permits, certified UST installers and inspectors.

(1) All UST systems shall be properly designed, constructed, installed, modified, repaired, operated and maintained in accordance with the requirements of this rule. UST system components not specifically addressed in this rule shall comply with the manufacturer's instructions or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(2) All UST systems shall be properly designed, constructed, installed, modified, repaired, operated and maintained by a qualified person in accordance with the requirements of this rule.

(a) Any person performing activities in accordance with this rule shall check paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the activities to determine if a permit is required. Any activities requiring a permit shall be overseen by a certified UST installer and a certified UST inspector as required in paragraph (D) of rule 1301:7-9-10 of the Administrative Code.

(b) For activities that do not require a permit, or if the rule does not specifically identify a type of qualified person, then owners and operators may allow any person to perform such activities provided they follow manufacturer's instructions or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(3) The following codes of practice may be used to comply with this rule:

(a) American Petroleum Institute Publication RP 1615-11, "Installation of Underground Hazardous Substances or Petroleum Storage Systems";

(b) American Petroleum Institute Publication RP 1626-12; "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations";

(c) American Petroleum Institute Publication RP 2200-15, "Repairing Hazardous Liquid Pipelines";

(d) Fiberglass Tank and Piping Institute RP T-95-02, "Remanufacturing of FRP Underground Storage Tanks";

(e) National Fire Protection Association 30-15, "Flammable and Combustible Liquids Code";

(f) National Fire Protection Association 30A-15, "Code for Motor Fuel Dispensing Facilities and Repair Garages";

(g) National Fire Protection Association 407-17, "Standard for Aircraft Fuel Servicing";

(h) Petroleum Equipment Institute RP 100-17, "Recommended Practices for Installation of Underground Liquid Storage Systems";

(i) Petroleum Equipment Institute RP 900-08, "Recommended Practices for the Inspection and Maintenance of UST Systems";

(j) Petroleum Equipment Institute RP 1000-14, "Recommended Practices for the Installation of Marina Fueling Systems"; or

(k) Petroleum Equipment Institute RP 1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities".

(4) No later than October 13, 2018, owners and operators shall perform a walkthrough inspection and complete a walkthrough inspection checklist on a form prescribed by the state fire marshal.

(a) Every month, the following equipment shall be checked as part of the walkthrough inspection:

(i) Visually check spill prevention equipment for damage;

(ii) Remove liquid and debris from spill prevention equipment;

(iii) Visually check and remove obstructions from fill pipe;

(iv) Check fill cap to ensure it is securely on the fill pipe;

(v) For double wall spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area;

(vi) Check release detection equipment to confirm operation with no alarms or other unusual operating conditions present; and

(vii) Check to ensure records of release detection testing are reviewed and current.

(b) Annually, the following equipment shall be checked as part of the walkthrough inspection:

(i) Visually check containment sumps for damage;

(ii) Visually check containment sumps for leaks;

(iii) Visually check containment sumps for releases to the environment;

(iv) Remove liquid and debris from containment sumps;

(v) For double wall containment sumps with interstitial monitoring, check for a leak in the interstitial area; and

(vi) For hand held release detection equipment, check devices such as gauge sticks for operability and serviceability.

(c) Spill prevention equipment at UST systems receiving deliveries at intervals greater than every month may be checked prior to each delivery in order to meet the requirements in paragraph (E)(4)(a) of this rule.

(d) The following containment sumps are required to comply with the walkthrough inspection requirements described in paragraph (E)(4)(b) of this rule:

(i) All containments sumps installed on new UST systems after March 1, 2005;

(ii) All containments sumps associated with UST systems containing hazardous substances pursuant to rule 1301:7-9-03 of the Administrative Code;

(iii) All containments sumps installed on existing UST systems as a result of activities required by paragraph (C)(6)(c) or (C)(6)(d) of this rule; and

(iv) All containment sumps associated with UST systems where the containment sump serves as part of the interstitial monitoring system.

(5) Owners and operators shall maintain records demonstrating compliance with the requirements of this chapter as follows:

(a) The records of operation and maintenance walkthrough inspections shall be maintained for at least one year;

(b) The records of testing of spill prevention equipment, overfill prevention equipment, containment sumps, and written documentation of all calibration, maintenance, and reqair of equipment permanently located at the facility shall be maintained for at least three years;

(c) The records demonstrating compatibility shall be maintained for as long as the UST system is used to store the regulated substance;

(d) Any schedules of required calibration and maintenance provided by the equipment manufacturer shall be retained for five years;

(e) Owners and operators shall provide the state fire marshal access to all records within one business day of a request; and

(f) Within thirty days of transfer of ownership of an UST system, the transferor shall provide the transferee with all records identified in paragraph (E)(5) of this rule or with equivalent copies of said records.

(6) Performing work pursuant to this rule does not relieve a person engaged in underground storage tank activity from the obligation of complying with any other applicable federal, state, or local laws and regulations, including but not limited to, the Ohio Fire Code or the Ohio Building Code, etc.

(7) A tightness test shall be performed on any new or existing UST system component that undergoes work requiring an installation, modification or major repair permit under paragraph (E)(2)(a) of this rule prior to placing the UST system into operation. No UST system shall be placed into operation until a passing tightness test result is obtained for the UST system component undergoing work.

(8) Other design, construction, installation, operation and maintenance methods may be used in place of any requirements or methods described in this rule if an owner and operator demonstrates that the alternative method is no less protective of human health and the environment than the method or requirement specified in this rule, and the state fire marshal approves the alternative method in writing prior to the use of the method. If the alternative method is approved, the owner and operator shall comply with any terms and conditions imposed on its use by the state fire marshal.

(F) Requirements for airport hydrant systems or field constructed tank systems.

(1) New and existing airport hydrant systems or new and existing field constructed tank systems shall comply with the design, installation, construction, operation, and maintenance requirements found in Subpart K of Part 280 of Title 40 Chapter I of the Code of Federal Regulations except that:

(a) Qualifying systems shall comply with the deadlines and conditions identified in rule 1301:7-9-01 of the Administrative Code;

(b) Existing USTs lined to meet cathodic protection requirements shall comply with paragraph (D)(2)(e) of this rule.; and

(c) In addition to completing the walkthrough inspection requirements pursuant to paragraph (E)(4) of this rule, owners and operators shall visually check hydrant pits and hydrant piping vaults for evidence of leaks or damage and remove any liquid or debris found. The check shall be performed monthly, unless confined spaced entry is required, in which case the check is required at least annually.

(2) New and existing airport hydrant systems or new and existing field constructed tank systems shall comply with the release detection, operation, maintenance, and walkthrough inspection requirements found in paragraph (H) of rule 1301:7-9-07 of the Administrative Code.

(3) Owners and operators of new and existing airport hydrant systems or new and existing field constructed tank systems may request to use alternative methods pursuant to paragraph (E)(8) of this rule.

Replaces: 1301:7-9-06

Cite as Ohio Admin. Code 1301:7-9-06

Effective: 9/1/2017
Five Year Review (FYR) Dates: 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05, 5/16/11