Current through Register Vol. XLI, No. 49, December 6, 2024
Section 47-63-4 - AST Certificates to Operate and Permits/Plans4.1.a. The owner's registration form shall also serve as a basis for an AST Certificate to Operate application for Level 1 and Level 2 ASTs. An AST Certificate to Operate will be issued only for Level 1 and Level 2 regulated ASTs.4.1.a.1 An AST Certificate to Operate may be issued solely on the basis of the registration form, if the Secretary determines that sufficient information to issue the Certificate to Operate is contained within the registration. 4.1.a.2. The Secretary may request supplemental information as needed in order to issue an AST Certificate to Operate.4.1.b. Failure to register a tank, failure to obtain a Certificate to Operate or revocation of a Certificate to Operate does not relieve a tank owner or operator from the obligation to fully comply with all applicable requirements of the AST Act and its Rules.4.1.c. AST Certificates to Operate will be renewed automatically on an annual basis concurrent with the payment of tank fees as established in the Aboveground Storage Tank Fee Assessment Rule, provided that:4.1.c.1. Tank fees are paid in a timely manner as established in the Aboveground Storage Tank Fee Assessment Rule.4.1.c.2. The owner or operator maintains financial responsibility for the regulated AST system in accordance with the requirements of Section 12 of this Rule.4.1.c.3. The owner or operator continues to comply with the requirements of the AST Act and all Rules promulgated thereunder.4.2Amendment of Site Specific Permits or Plans to Incorporate AST Requirements4.2.a. For those entities subject to site-specific permits and plans, the Secretary may amend those permits or plans to include conditions pertaining to the management and control of regulated tanks. Until such time that these permits or plans are amended and finalized, all requirements of the AST Act and its Rules are applicable. A site-specific permit or plan may be amended provided that: 4.2.a.1. The permittee is the tank owner or operator;4.2.a.2. The permittee provides a written request to the Secretary for modification of its plan or permit, which includes, at a minimum, the following: 4.2.a.2.A. Detailed information concerning spill prevention and response, as well as the AST's and secondary containment structure's operation, inspection, integrity, and maintenance;4.2.a.2.B. A statement indicating which industry standards (including but not limited to API 653 Standards for Tank Inspection, Repair, Alteration and Reconstruction) will be followed. AST owners and operators are required to comply with all industry standards identified as applicable.4.2.a.2.C. Identification of the first point of isolation for each regulated AST, including identification of the associated ancillary equipment for each AST that is located prior to the first point of isolation;4.2.b. Tank owners or operators who choose to include conditions pertaining to the management and control of regulated tanks in site specific permits or plans shall complete inspections as set forth in subsection 5.2 of this rule.4.2.c. If for any reason a site-specific permit that contains AST modifications is suspended, revoked or not re-issued by the Secretary, the owner or operator of the AST shall be subject to the AST Act and all associated rules in their entirety. 4.3Siting Requirements for New Regulated ASTs4.3.a. New regulated ASTs storing flammable or combustible liquids must be positioned to meet all applicable setback and distance from buildings required by the local jurisdiction and the State Fire Marshal's office for flammable and combustible substances.4.3.b. To allow for proper inspection, new regulated ASTs that are using visual methods alone for leak detection must have a minimum spacing of not less than three (3) feet between tanks and between tanks and dike or vault walls, or a substantially unobstructed view to determine leakage. Mobile tanks are not subject to the minimum spacing requirement for new ASTs.