La. Admin. Code tit. 33 § XI-403

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

Section XI-403 - Delivery Prohibition of Regulated Substances to Underground Storage Tank Systems

A. Underground storage tank (UST) systems, except for those systems deferred or exempted from specified Chapters and Sections of these regulations in accordance with LAC 33:XI.101.B and C, shall be subject to the status of red tag/delivery prohibition of regulated substances upon discovery by the department of any of the following conditions:

1. failure to install spill prevention equipment in accordance with LAC 33:XI.Chapter 3;

2. failure to install overfill protection equipment in accordance with LAC 33:XI.Chapter 3;

3. failure to conduct release detection in accordance with LAC 33:XI.703.A.1;

4. failure to install corrosion protection equipment for tanks and product piping in accordance with LAC 33:XI.Chapter 3;

5. allowing a regulated substance to be placed into an unregistered UST in accordance with LAC 33:XI.301.C.9 or 10;

6. allowing a regulated substance to be placed into a UST that does not have a current registration certificate in accordance with LAC 33:XI.301.C.11 or 12;

7. upon evidence of a below-surface release from an UST system, failure to conduct a system test within the time frame established in LAC 33:XI.711.A.1, failure to take initial response actions required by LAC 33:XI.715.B.2 and 3, or failure to conduct the initial abatement measures required by LAC 33:XI.715.C.1.a-d and g; or

8. whenever failed tank or failed piping has not been repaired, replaced, upgraded, or permanently closed, or temporarily closed in accordance with LAC 33:XI.711.A.1.

B. Noncompliance with these regulations as listed in this Subsection shall result in a red tag/delivery prohibition of regulated substances if response action is not taken by the owner/operator within 30 days of receipt of written notification by the department to the owner/operator. Response action will be considered as taken if the owner/operator has contracted and scheduled the action to take place within those 30 days and the response action has been initiated within 60 days of receipt of the written notification. The forms of noncompliance are:

1. failure to properly operate and/or maintain release detection equipment in accordance with LAC 33:XI.Chapter 7. Failure to provide records, within 10 days of request by the department, showing proper operation and/or maintenance of release detection equipment shall be considered a failure to properly operate and/or maintain the release detection equipment;

2. failure to properly operate and/or maintain spill and overfill equipment in accordance with LAC 33:XI.Chapter 3 and 503.D, or corrosion protection equipment in accordance with LAC 33:XI.Chapters 3 and 5. Failure to provide records, within 10 days of request by the department, showing the type of spill, overfill, or corrosion protection equipment installed and the proper operation and/or maintenance of spill, overfill, or corrosion protection equipment shall be considered a failure to properly operate and/or maintain the spill, overfill, or corrosion protection equipment;

3. failure to maintain financial responsibility in accordance with LAC 33:XI.Chapter 11;

4. failure to protect from corrosion buried metal flex hoses and/or components that routinely contain regulated substances in accordance with LAC 33:XI.303.D.2 and E.4. Failure to produce records, within 10 days of request by the department, showing procedures and/or practices designed to protect from corrosion buried metal product piping, flex hoses, and/or components that routinely contain regulated substances shall be considered a failure to protect from corrosion buried metal product piping, flex hoses, and/or components that routinely contain regulated substances;

5. failure to conduct periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and failure to conduct periodic inspection of overfill equipment in accordance with LAC 33:XI.511, and failure to repair or replace failed equipment in accordance with LAC 33:XI.511.D.2 and 3. Failure to provide records, within 10 days of request by the department, showing proper testing and/or inspection of spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill equipment shall be considered failure to properly conduct periodic testing and/or inspecting the equipment;

6. failure to conduct periodic operation and maintenance walkthrough inspections in accordance with LAC 33:XI.513, and failure to repair or replace failed equipment in accordance with LAC 33:XI.513.C.2 and 3. Failure to provide records, within 10 days of request by the department, showing that the periodic operation and maintenance walkthrough inspections were conducted in accordance with LAC 33:XI.513 shall be considered failure to conduct periodic operation and maintenance walkthrough inspections;

7. storing a regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel without demonstrating UST system compatibility in accordance with LAC 33:XI.505.C; or

8. upon evidence of a release or a suspected release from a UST system, except for the notification requirements of LAC 33:XI.713 and 715, failure to initiate by the UST owner the release investigation and confirmation steps in accordance with LAC 33:XI.711, cleanup of spills and overfills as required by LAC 33:XI.713, or compliance with the release response and corrective action requirements of LAC 33:XI.715.

C. It shall be unlawful for any person to place, or allow the placement of, a regulated substance into an UST that the department has red tagged/prohibited from delivery of regulated substances under Subsection A or B of this Section. The department may use its discretion in determining whether a non-delivery due to a red tag/delivery prohibition of regulated substances may jeopardize the availability of, or access to, motor fuel in remote areas of the state or in cases where an emergency declaration is in effect. When the department determines that red tagging/delivery prohibition will jeopardize the availability of, or access, to regulated substances, specifically motor fuels, in remote areas or in cases of an emergency declaration, it may allow for continued delivery of regulated substances, for up to 180 days, to an UST that has failed to have equipment required under Subsection A of this Section installed or that has been deemed noncompliant by the department under Subsection B of this Section.

D. The department shall provide adequate notice to UST system owners/operators and regulated substance deliverers that an UST has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance. Placing or allowing placement of a regulated substance into an UST determined ineligible for delivery, deposit, or acceptance of a regulated substance constitutes a violation of this Section.

E. The owner/operator of an UST that has been determined to be ineligible for delivery, deposit, or acceptance of a regulated substance shall make the necessary system repairs or upgrades, or remedy any form of noncompliance, and shall be cleared of the red tag/delivery prohibition in writing by the department, or a person authorized by the department, in order to be removed from the red tag listing and be deemed eligible for delivery of regulated substances. The department, or a person authorized by the department, shall remove the red tag/delivery prohibition status for an UST system within two working days after compliance and/or upgrade or repair has been demonstrated.

La. Admin. Code tit. 33, § XI-403

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 33: 1867 (September 2007), amended LR 34:2119 (October 2008), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 441598 (9/1/2018).

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