La. Admin. Code tit. 33 § XI-303

Current through Register Vol. 50, No. 11, November 20, 2024

Section XI-303 - Standards for UST Systems

A. LAC 33:XI.599.Appendix A lists codes of practice developed by nationally-recognized associations or independent testing laboratories that shall be used to comply with these regulations.

B. New UST Systems Near Active or Abandoned Water Wells. In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all UST systems installed between December 22, 1988, and December 20, 2008, within 50 feet of an active or abandoned water well shall meet the requirements of LAC 33:XI.703.C.

C. Standards for UST Systems Installed after December 20, 2008. In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all UST systems installed after December 20, 2008, shall have secondary containment in accordance with Subsection D of this Section and use interstitial monitoring for tanks and piping in accordance with LAC 33:XI.701.A.6 and 701.B.4.

1. If a single-walled UST is placed in the ground at the location where it is to be put into service prior to December 20, 2008, the UST owner is allowed 90 days (until March 20, 2009) to complete the UST system installation without having to comply with the secondary containment requirements in Subsection D of this Section.

2. The department may grant an extension to these dates only in the event that the UST or UST system installation is delayed due to adverse weather conditions or other unforeseen, unavoidable circumstances. A written contract alone does not qualify as an unforeseen, unavoidable circumstance. In order to obtain an extension, the UST owner shall submit a written request to the Office of Environmental Assessment, describing the circumstances that have caused the installation delay.

D. All new UST systems shall comply with the following standards.

1. Tanks. Each tank shall be properly designed and constructed, and any portion underground that routinely contains product shall be protected from corrosion in accordance with Subsection A of this Section and as described below:

a. the tank is constructed of fiberglass-reinforced plastic; or

b. the tank is constructed of metal and cathodically protected in the following manner:

i. the tank is coated with a suitable dielectric material;

ii. field-installed cathodic protection systems are designed by a corrosion expert;

iii. impressed current systems are designed to allow determination of current operating status as required in LAC 33:XI.503.A.3; and

iv. cathodic protection systems are operated and maintained in accordance with LAC 33:XI.503 or according to guidelines established by the department; or

c. the tank is constructed of steel and clad or jacketed with a noncorrodible material; or

d. the tank is constructed of metal without additional corrosion protection measures, provided that:

i. the tank is installed at a site that a corrosion expert determines will not be corrosive enough to cause the tank to have a release due to corrosion during its operating life; and

ii. owners and operators maintain records that demonstrate compliance with the requirements of Clause D.1.d.i of this Section for the remaining life of the tank; or

e. the tank construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the constructions listed in Subparagraphs D.1.a-d and f of this Section; and

f. for any UST system that is installed or replaced after December 20, 2008, along with meeting the requirements of Subparagraphs D.1.a-e of this Section, the tank employs secondary containment, as defined in LAC 33:XI.103, as follows:

i. it is an accepted UST design as described in Subparagraphs D.1.a-e of this Section, is of double-walled or jacketed construction in accordance with Subsection A of this Section, is capable of containing a release from the inner wall of the tank, and is designed with release detection in accordance with LAC 33:XI.701.A.6.a; or

ii. it is some other secondarily-contained tank system approved by the department in writing prior to installation.

2. Piping. Piping on new UST systems that routinely contains regulated substances and is in contact with the soil, backfill, or water shall be properly designed, constructed, and protected from corrosion in accordance with Subsection A of this Section and as described below:

a. the piping is constructed of a noncorrodible material; or

b. the piping is constructed of metal and cathodically protected in the following manner:

i. the piping is coated with a suitable dielectric material;

ii. field-installed cathodic protection systems are designed by a corrosion expert;

iii. impressed current systems are designed to allow determination of current operating status as required in LAC 33:XI.503.A.3; and

iv. cathodic protection systems are operated and maintained in accordance with LAC 33:XI.503 or guidelines established by the department; or

c. the piping is constructed of metal without additional corrosion protection measures, provided that:

i. the piping is installed at a site that a corrosion expert determines is not corrosive enough to cause the piping to have a release due to corrosion during its operating life; and

ii. owners and operators maintain records that demonstrate compliance with the requirements of Clause D.2.c.i of this Section for the remaining life of the piping; or

d. the piping construction and corrosion protection are determined by the department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in Subparagraphs D.2.a-c, e, and f of this Section; or

e. the piping is of double-walled non-metallic flexible or semi-rigid construction;

f. if piping connected to a UST is installed or replaced after December 20, 2008, along with meeting the requirements of Subparagraphs D.2.a-e of this Section, the piping employs secondary containment, as defined in LAC 33:XI.103, as follows:

i. any of the accepted piping designs listed in Subparagraphs D.2.a-e of this Section shall be fabricated with double-walled or jacketed construction in accordance with Subsection A of this Section, shall be capable of containing a release from the inner wall of the piping, and shall be designed with release detection in accordance with LAC 33:XI.701.B.4; or

ii. the piping system shall have some other form of secondary containment system approved by the department in writing prior to installation; and

g. if 25 percent or more of the piping to any one UST is replaced after December 20, 2008, the entire piping run shall comply with Clause D.2.f.i or ii of this Section;

h. if a new dispenser is installed at an existing UST facility and new piping is added to the UST system to connect the new dispenser to the existing system after December 20, 2008, then the new piping shall comply with Clause D.2.f.i or ii of this Section;

i. suction piping that meets the requirements of LAC 33:XI.703.B.2.a.ii.(a)(e) and suction piping that manifolds two or more tanks together are not required to meet the secondary containment requirements of LAC 33:XI.303.D.2.f; and

j. reuse of existing single-walled piping is prohibited when replacement underground storage tanks are installed.

3. Spill and Overfill Prevention Equipment

a. Except as provided in Subparagraphs b and c of this Paragraph, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators shall use:

i. spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill bucket). Spill buckets shall have liquid-tight sides and bottoms and be maintained free of liquid and debris; and

ii. overfill prevention equipment that will:

(a). automatically shut off flow into the tank when the tank is no more than 95 percent full;

(b). alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm; or

(c). restrict flow 30 minutes prior to overfilling, or alert the transfer operator with a high-level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings on top of the tank are exposed to product because of overfilling.

b. Owners and operators are not required to use the spill and overfill prevention equipment specified in Subparagraph D.3.a of this Section if:

i. alternative equipment is used that the department determines is no less protective of human health and the environment than the equipment specified in Clause D.3.a.i or ii of this Section; or

ii. the UST system is filled by transfers of no more than 25 gallons at one time.

c. Flow restrictors used in vent lines shall not be used to comply with LAC 33:XI.303.D.3.a.ii when overfill prevention is installed or replaced after September 20, 2018. If removal is required, the entire ball float assembly shall be removed from the tank.

d. Spill and overfill prevention equipment shall be periodically tested or inspected in accordance with LAC 33:XI.511.

4. Under-Dispenser Secondary Containment. After December 20, 2008, under-dispenser containment:

a. is required under the following conditions:

i. in any installation of a new dispenser at a new facility;

ii. in any installation of a new or replacement dispenser at an existing facility where new piping is added to the UST system to connect the new dispenser to the existing system;

iii. in any installation of a replacement dispenser at an existing facility where the piping that connects the dispenser to the existing piping is replaced, including replacing the metal flexible connector, riser, or other transitional components that are beneath the dispenser and the impact shear valve and that connect the dispenser to the piping. Replacing an existing dispenser where no piping and none of the piping that connects the dispenser to the existing piping are replaced does not require the addition of an under-dispenser containment sump; and

b. shall be liquid-tight on its sides, bottom, and at any penetrations, and be maintained free of storm water and debris. Regulated substances spilled into any under-dispenser containment sump shall be immediately removed upon discovery to the maximum extent practicable.

5. Submersible Turbine Pump (STP) Secondary Containment. After December 20, 2008, secondary containment for submersible pumps:

a. is required under the following conditions:

i. in any installation of a new STP at a new facility;

ii. in any installation of an STP (the entire STP, STP housing, and riser pipe) at an existing facility where new piping is added to the UST system to connect the new STP to the existing system;

iii. in any installation of a replacement STP (the entire STP, STP housing, and riser pipe) at an existing facility where the piping that connects the STP to the existing piping is replaced. Replacing the metal flexible connector with a single-walled flexible connector requires the addition of a containment sump. Replacing the metal flexible connector with a double-walled flexible connector does not require the addition of a containment sump as long as the newly-installed STP is secondarily contained, and replacing an existing STP where no piping is replaced does not require the addition of STP secondary containment; and

b. can consist of either a built-in secondary containment system or a STP containment sump. STP containment installed after December 20, 2008, shall be liquid-tight on its sides, bottom, and at any penetrations, and be maintained free of storm water and debris. Regulated substances spilled into any STP containment sump shall be immediately removed upon discovery to the maximum extent practicable.

6. Installation Procedures

a. Installation. The UST system, spill and overfill prevention devices, product pumping equipment, and emergency shutoff valves (e.g., shear or impact valves), shall be installed in accordance with Subsection A of this Section and in accordance with the manufacturer's instructions.

b. Certification of Installation and Verification of Installer Certification

i. From July 20, 1990, through January 20, 1992, UST owners shall have certified installations as follows. All UST owners shall have ensured that one or more of the following methods of certification, testing, or inspection was used to demonstrate compliance with Subparagraph D.6.a of this Section by providing a certification of compliance on the UST registration form (UST-REG-02) in accordance with LAC 33:XI.301:

(a). the installer was certified by the tank and piping manufacturers; or

(b). the installation was inspected and certified by a professional engineer with education and experience in UST system installation; or

(c). the installation was inspected and approved by the department; or

(d). all work listed in the manufacturer's installation checklists was completed; or

(e). the UST owner complied with another method for ensuring compliance with Subparagraph a of this Paragraph that was determined by the department to be no less protective of human health and the environment.

ii. Beginning January 20, 1992 through September 20, 2018, all UST owners shall have ensured that the individual exercising supervisory control over installation critical-junctures (as defined in LAC 33:XI.1303) of a UST system is certified in accordance with LAC 33:XI. Chapter 13. To demonstrate compliance with Subparagraph D.6.a of this Section, all UST owners shall have provided a certification of compliance on the UST registration of technical requirements form (UST-REG-02) within 60 days of the introduction of any regulated substance. Forms shall have been filed with the department.

iii. After September 20, 2018, all UST owners shall ensure that the individual exercising supervisory control over installation-critical junctures (as defined in LAC 33:XI.1303) of a UST system is certified in accordance with LAC 33:XI.Chapter 13. To demonstrate compliance with Subparagraph a of this Paragraph, all UST owners shall provide a certification of compliance on the UST-REG form prior to introduction of any regulated substance into the UST system. Forms shall be submitted to the Office of Management and Finance.

c. Notification of Installation. The UST owner shall notify the Office of Environmental Assessment in writing at least 30 days before beginning installation of a UST system by:

i. submitting a completed installation, renovation, repair, and upgrade notification form (UST-ENF-04);

ii. including in the notification a statement of the number of active or abandoned water wells within 50 feet of the UST system and the type of system to be installed; and

iii. including in the notification the methods to be used to comply with LAC 33:XI.Chapters 3 and 7.

d. The UST owner and/or certified worker responsible for the installation-critical junctures shall notify the appropriate regional office of the Office of Environmental Assessment by phone, mail, email, fax, or online (when available) seven days prior to commencing the installation and before commencing any installation-critical juncture (as defined in LAC 33:XI.1303).

E. Upgrading Existing UST Systems to New System Standards

1. All existing UST systems shall comply with one of the following sets of requirements:

a. new UST system performance standards under Subsection D of this Section; or

b. the upgrading requirements in Paragraphs 3-7 of this Subsection.

2. All existing UST systems not meeting the requirements of Paragraph E.1 of this Section shall comply with closure requirements under LAC 33:XI.Chapter 9, including applicable requirements for corrective action under LAC 33:XI.715. This does not apply to previously deferred UST systems described in LAC 33:XI.Chapter 8 and where an upgrade is determined to be appropriate by the department.

3. Tank Upgrading Requirements. Metal tanks shall be upgraded in accordance with Subsection A of this Section and meet one of the following requirements.

a. Internal Lining. A tank upgraded by internal lining shall meet the following:

i. the lining was installed in accordance with the requirements of LAC 33:XI.507; and

ii. within 10 years after lining, and every 5 years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with the original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized organization or independent testing laboratory, then the lined tank shall be permanently closed in accordance with LAC 33:XI.Chapter 9.

iii. After September 20, 2018, an internally lined tank cannot be upgraded with an impressed current system.

b. Cathodic Protection. Tanks upgraded by cathodic protection shall meet the requirements of Clauses D.1.b.ii, iii, and iv of this Section, and the integrity of the tank shall have been ensured using one of the following methods.

i. The tank was internally inspected and assessed to ensure that the tank was structurally sound and free of corrosion holes before the cathodic protection system is installed.

ii. The tank had been installed for less than 10 years and was monitored monthly for releases in accordance with LAC 33:XI.701.A.4-8.

iii. The tank had been installed for less than 10 years and was assessed for corrosion holes by conducting two tightness tests that meet the requirements of LAC 33:XI.701.A.3. The first tightness test shall have been conducted before the cathodic protection system was installed. The second tightness test shall have been conducted between three and six months after the first operation of the cathodic protection system.

iv. The tank was assessed for corrosion holes by a method that was determined by the department to prevent releases in a manner that was no less protective of human health and the environment than the methods specified in Clauses E.3.b.i-iii of this Section.

v. All procedures used to upgrade existing UST systems by cathodic protection shall have been conducted in accordance with applicable requirements of the Louisiana Department of Transportation and Development, or its successor agency.

vi. After September 20, 2018, a tank tightness test, performed in accordance with LAC 33:XI.701.A.3, shall be conducted at least once every 12 months for the life of the tank on all tanks that were over 10 years old when the cathodic protection system was installed, unless the current owner has documentation to prove that a tank integrity assessment was conducted prior to the installation of the cathodic protection system (regardless of who owned the tank at the time), or unless an internal lining was installed at the same time as the cathodic protection system.

c. Internal Lining Combined with Cathodic Protection. Tanks upgraded by both internal lining and cathodic protection installed at the same time shall meet the following:

i. the lining was installed in accordance with the requirements of LAC 33:XI.507; and

ii. the cathodic protection system meets the requirements of Clauses D.1.b.ii, iii, and iv of this Section.

4. Piping Upgrading Requirements. Metal piping that routinely contains regulated substances and is in contact with the soil, backfill, or water shall be cathodically protected and shall meet the requirements of Clauses D.2.b.ii, iii, and iv of this Section.

5. Spill and Overfill Prevention Equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems shall comply with the requirements for spill and overfill prevention equipment for new UST systems specified in Paragraph D.3 of this Section.

6. Emergency Shutoff Valves (Shear or Impact). Emergency shutoff valves at existing facilities must be installed in accordance with Subsection A of this Section and in accordance with the manufacturer's instructions.

7. Reporting Requirements

a. The owner and operator shall notify the Office of Environmental Assessment in writing at least 30 days before beginning a UST system upgrade by submitting a completed UST-ENF-04 form.

b. The UST owner and/or certified worker responsible for the upgrade shall notify the appropriate regional office of the Office of Environmental Assessment by phone, mail, email, fax, or online (when available) seven days prior to commencing any installation-critical junctures and repair-critical junctures (as defined in LAC 33:XI.1303).

c. An amended registration form (UST-REG-02) shall have been submitted to the Office of Environmental Assessment within 30 days after the UST system was upgraded. The owner and operator must have certified compliance with Subsection C of this Section on the amended registration form (UST-REG-02). Beginning January 20, 1992, the amended registration forms (UST-REG-01 and 02) shall include the name and department-issued certificate number of the individual exercising supervisory control over those steps in the upgrade that involve installation-critical junctures or repair-critical junctures (as defined in LAC 33:XI.1303) of a UST system. After September 20, 2018, the UST-REG form must be used to comply with this Subsection.

La. Admin. Code tit. 33, § XI-303

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 11:1139 (December 1985), amended LR 16:614 (July 1990), LR 17:658 (July 1991), LR 18:728 (July 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2558 (November 2000), LR 28:475 (March 2002), amended by the Office of Environmental Assessment, LR 31:1066 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2520 (October 2005), LR 33:2171 (October 2007), LR 34:2116 (October 2008), LR 35:1493 (August 2009), amended by the Office of the Secretary, Legal Division, LR 38:2761 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 432143 (11/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441594 (9/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.