Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-63-8 - AST Design, Construction, and Installation8.1 Performance standards for regulated aboveground storage tanks8.1.a. New regulated aboveground storage tank systems shall be constructed and installed in accordance with manufacturer's or fabricator's specifications and with applicable industry standards or codes of practice (relating to new aboveground tank installations and reconstructions) and requirements of this Rule.8.1.b. Regulated aboveground storage tank system modifications or upgrades shall be performed in accordance with manufacturer's or fabricator's specifications and with applicable industry standards or codes of practice and requirements of this Rule.8.1.c. In the absence of such standards or codes, construction, installation, modifications or upgrades shall be performed in accordance with the manufacturer's or fabricator's recommendations and utilizing good engineering practices.8.1.d. Underground storage tanks shall not be used as an AST unless the manufacturer has certified that the tank was also designed for use as an AST.8.2 New regulated AST installations and reconstructions.8.2.a. The owner or operator shall ensure that all regulated tanks installed at facilities have been designed, constructed, and installed according to the manufacturer's or fabricator's instructions, this Rule, industry standards, and in accordance with the appropriate, most current Code of Practice developed by nationally recognized associations such as API, ASME, NACE, NFPA, PEI, STI or UL following applicable engineering specifications. An owner or operator must keep documentation for new tanks in the form of a label on the tank, certificate from the manufacturer, documentation on or attached to an invoice describing the tank's construction or any other method accepted by the Secretary.8.2.b. A regulated AST must have a stable foundation, capable of supporting the total weight of the tank when full of product without movement, rolling or unacceptable settling: 8.2.b.1. The foundation design and construction must be based on sound engineering practices.8.2.b.2. The foundation must minimize corrosion of the tank bottom and meet or exceed the specifications of the tank manufacturer.8.2.b.3. The foundation design shall provide positive drainage of water away from the base.8.2.b.4. Aboveground storage tanks located in areas subject to flooding must be protected from floatation.8.2.c. Regulated aboveground storage tanks shall be tested for tightness at installation and reconstruction in accordance with industry standards and current Codes of Practice developed by nationally recognized associations and manufacturer's specifications:8.2.c.1. If a pneumatic test is used for manufactured (shop fabricated) tanks, the fittings, welds, joints, and connections shall be coated with a soap solution and checked for leaks.8.2.c.2. Aboveground field-erected storage tanks shall be hydrostatically tested.8.2.c.3. Deficiencies shall be remedied prior to tanks being placed into service.8.2.c.4. Hydrostatic test fluids shall be discharged or disposed of in accordance with State and federal requirements.8.2.c.5. If testing is done with a vacuum on the interstice of a double wall or double bottom aboveground tank, the vacuum must remain on the tank until it is set in place where it is to be permanently installed. The vacuum must remain above the minimum level set by the tank manufacturer8.2.c.6. Testing performed in accordance with Section 8.2.c.1 through 8.2.c.5 shall be documented by the tester and testing documents must be retained by the owner or operator.8.2.d. Reconstruction of regulated aboveground storage tanks must follow the current Codes of Practice developed by a nationally recognized association and be accomplished in accordance with sound engineering practices.8.2.d.1 Reconstructed regulated aboveground storage tanks must be inspected and hydrostatically tested before being placed into service. Double wall and double bottom tanks may be tested using a vacuum method. 8.2.d.2. Hydrostatic test fluids shall be discharged or disposed of in accordance with State and federal requirements.8.2.e. The owners or operator shall ensure that regulated mobile aboveground storage tanks that are relocated to another facility a rechecked by a qualified person before being placed into service to ensure that no damage to the tank occurred during transportation or installation at the new site. Documentation of the checks must be maintained for two (2) years and made available to the Secretary for inspection upon request.8.2.e.1. The owner or operator shall ensure that any regulated mobile aboveground storage tank that has been damaged in the transportation or installation is inspected for fitness for service prior to placing the tank into service.8.2.e.2. The owner or operator shall ensure that ASTs are empty prior to relocation.8.2.e.3. Regulated mobile tanks that are relocated from facility to facility are not subject to the installation documentation requirements of subdivision 8.2.f of this Rule, but remain subject to the registration amendment requirements of subdivision 3.1.d of this Rule.8.2.e.4. Regulated mobile tanks that are made stationary tanks are subject to the installation documentation requirements of subdivision 8.2.f of this Rule.8.2.f. For any new regulated AST to be constructed in karst terrain, which are areas generally underlain by limestone or dolomite, in which the topography is formed chiefly by the dissolving of rock and which may be characterized by sinkholes, sinking streams, closed depressions, subterranean drainage and caves, as such areas are identified, mapped and published by the West Virginia Geological and Economic Survey, the tank owner must submit to the Secretary documentation of the new construction design criteria and engineering specifications to indicate that surface or subsurface conditions will not result in excessive settling or unstable support of the proposed regulated AST, as approved by a professional engineer or an individual certified by API or STI to perform installations or a person holding certification under another program.8.2.g. All regulated AST system components, including piping and ancillary equipment up to the first point of isolation, installed after the effective date of this Rule shall have baseline data including:8.2.g.1. Floor and wall or shell thickness measurements for regulated metallic ASTs shall be kept on file by the owner or operator for the life of the AST and shall be made available to the Secretary upon request.8.2.g.2. Material certifications shall be kept on file by the owner or operator for the life of the AST and shall be made available to the Secretary upon request.8.2.g.3. All manufacturer's instructions and performance claims and their manner of determination described in writing by the equipment manufacturer or installer shall be retained by the owner or operator for the life of the regulated AST and made available to the Secretary upon request.8.2.h. All regulated metallic ASTs installed after the effective date of this Rule that have tank bottoms in contact with soil or an electrolyte including, but not limited to, water, shall be protected from corrosion in accordance with section 9 of this Rule.8.2.i. All new Level 1 ASTs installed after the effective date of this Rule shall be double walled, double bottomed or placed on a Release Prevention Barrier. The integrity of the release prevention barrier shall not deteriorate due to exposure to the elements or soil in the presence of a released substance. The following are acceptable Release Prevention Barriers: 8.2.i.1. An impervious soil layer or geosynthetic clay liner with a permeability of 10-7 cm/sec or less; or8.2.i.2. An impervious geosynthetic liner with a permeability of 10-7 cm/sec or less installed in accordance with the manufacturer's recommendations, such as a 60 millimeter unreinforced liner, a 40 millimeter reinforced liner or a material of similar or more stringent specifications and that is compatible with the substances being stored; or8.2.i.3. A double bottom or double walled tank with a leak detection system; or8.2.i.4. An impervious concrete slab foundation with a permeability of 10-7 cm/sec or less.8.3 General Upgrade Requirements for Existing AST Systems. - The owneror operator shall ensure that upgrades to all existing regulated AST systems are performed in accordance with the manufacturer's or fabricator's instructions and appropriate industry standards. 8.3.a. All existing regulated ASTs storing flammable or combustible liquids shall be upgraded with normal and emergency venting to meet the requirements of subsection 8.6 of this Rule and any standards mandated by the West Virginia Fire Marshal. All existing regulated ASTs storing other liquids required by the applicable industry standard to have normal and emergency venting shall be upgraded to meet the requirements of subsection 8.6 of this Rule.8.3.b. All existing regulated metallic ASTs in direct contact with soil or other electrolytes which are not equipped with cathodic protection shall be upgraded to meet the requirements of Section 9 of this Rule.8.3.c. All existing regulated metallic ASTs not in direct contact with soil that are utilizing exterior coatings as a means of corrosion protection shall have an appropriate external coating to meet the requirements of subsection 9.4.8.3.d. All existing regulated ASTs shall be upgraded with a gauge or other measuring device used that accurately shows the volume of material being stored in the AST to meet the requirements of subsection 10.1.8.3.e. All existing regulated ASTs shall be upgraded with overfill prevention protection to meet the requirements of subsection 10.1.8.4 Aboveground tank modifications. - The owner or operator shall ensure that modifications to all regulated AST systems are performed in accordance with the manufacturer's or fabricator's instructions, appropriate industry standards, and this Rule. 8.4.a. Regulated Aboveground tanks that are modified shall be inspected and tested according to industry standards before being put into service when a major modification has been performed on the tank shell, tank roof or tank bottom. Deficiencies shall be remedied before returning the AST system to service.8.4.b. The owners or operator shall maintain records of major modifications to the regulated AST for the life of the AST and make those documents available to the Secretary upon request.8.5 New Aboveground storage tanks in underground vaults. - The owner or operator shall ensure that the following requirements are met for all new regulated ASTs installed in an underground vault:8.5.a. The vault shall completely enclose the tank and must be constructed of materials compatible with the substance to be stored in the AST.8.5.b. A tank must be in its own vault. Adjacent vaults may share a common wall.8.5.c. Vaults shall be designed according to sound engineering practices.8.5.d. There may be no backfill around the tank, and there shall be sufficient space between the tank and the vault to allow inspection of the tank and ancillary equipment.8.5.e. Tanks installed in vaults shall be designed for aboveground use.8.5.f. A vault and its tank must be suitably anchored to withstand uplifting by either water or released substance, including when the tank is empty.8.5.g. A suitable means to admit a fire suppression agent shall be provided for each vault that contains a flammable or combustible substance.8.5.h. When a vault is used as the form of secondary containment for an AST system, the owner or operator shall ensure that the vault is adequately designed, constructed, and maintained to be sufficiently impervious to prevent a released substance from penetrating the vault until the release can be detected and recovered, but in no case will that time be less than seventy-two (72) hours.8.5.i. At installation of a new tank or reconstruction or relocation of an existing regulated tank in a vault, the requirements of this subsection shall be met before placing the AST in service.8.6 Ancillary Equipment For ASTs. - The owner or operator shall ensure that ancillary equipment up to the first point of isolation utilized in all regulated AST systems is constructed, designed, installed, and operated in accordance with the manufacturer's or fabricator's instructions, fire codes, and appropriate industry standards.8.6.a. Ancillary equipment up to the first point of isolation is regulated and may include, but is not limited to, the following: 8.6.a.1. Normal and emergency vents;8.6.a.2. Sumps, spill buckets, and overfill equipment;8.6.a.3. Dispensers, dispenser hoses, and filters;8.6.a.4. Connectors, valves, flanges, vent lines, swing lines, piping, and gauges;8.6.a.5. Roofs, hatches, and man ways;8.6.a.6. Submersible turbine pump;8.6.a.7. Grounding and bonding for AST systems containing flammable and combustible liquids.8.6.b. The owner or operator shall ensure that ancillary equipment is compatible with the stored substance(s). No owner or operator shall allow storage of any liquid that is not compatible with the AST system.8.6.c. Ancillary equipment shall be in good working order and maintained according to the manufacturer's specifications and accepted industry practices.8.6.d. Tank connections through which fluids can flow shall be equipped with an operating valve adjacent to the tank to control flow of substance.8.6.e. Regulated ASTs storing flammable liquids, combustible liquids or other liquids required by industry standards or the manufacturer to have normal or emergency vents shall be so equipped to protect the tank from over-pressurization and excessive vacuums and provide relief from excessive internal pressure caused by exposure to fire. All regulated ASTs, as applicable, shall be equipped with normal and emergency vents in accordance with API 2000, NFPA 30, UL 142, UL2583, or UL 2085. Nothing in this subdivision supersedes any requirements placed on these types of tanks by the West Virginia Fire Marshal. 8.6.e.1. Regulated ASTs shall be equipped with normal vents in order to allow the tank to breathe when transferring product.8.6.e.2. Regulated ASTs shall be equipped with emergency vents to ensure that the safe pressure for the tank is not exceeded.8.6.e.3 Normal and emergency vents must be of adequate size and capacity in accordance with the manufacturer's requirements and industry standards, such as API 2000, NFPA 30, UL 142,or UL 2085, as applicable. 8.6.e.4. The requirement for venting shall apply to each compartment of a compartmented tank and the interstitial space (annulus) of a secondary containment-type double walled tank.8.6.e.5. For vertical tanks, the emergency relief venting construction shall be permitted to be a floating roof, a lifter roof, a weak roof-to-shell seam, or another approved pressure-relieving construction in accordance with NFPA guidance.8.6.e.6. The normal and emergency vents must be operable and in good condition, with all components moving freely and vent passageways kept unobstructed.8.6.e.7. Normal and/or emergency vents shall not be disabled for any reason.8.6.f. For existing regulated AST systems certified as Fit for Service but having normal or emergency vent deficiencies, the vents shall be upgraded to meet minimum requirements of this Rule and industry standards on the schedule provided by the certifying person, but in no case later than the following:8.6.f.1. For existing Level 1 ASTs, normal and emergency vents shall be installed by December 31, 2016.8.6.f.2. For existing Level 2 ASTs normal and emergency vents shall be installed by June 30, 2017.8.6.f.3. An existing regulated tank system that is taken out of service for internal inspection or major modification or that has been temporarily out of service and being returned to service shall be upgraded with normal and emergency vents, as applicable, prior to being put back in service.8.7 Piping for regulated aboveground storage tanks. -The owner or operator shall ensure that regulated piping (piping up to the first point of isolation) that is installed in the regulated AST system is compatible with the substance stored and properly designed to protect against corrosion and physical damage, including damage from stresses arising from settlement, expansion, contraction, vibration, and shock. 8.7.a. New and replacement piping shall be designed, fabricated, and tested in accordance with current codes of practice developed by nationally recognized associations such as API, ASME, NACE, NFPA, PEI, STI or UL.8.7.a.1. Installation of piping shall meet or exceed current codes of practice and be in strict accordance with the manufacturer's specifications.8.7.a.2. Piping shall be tested for tightness at installation and after repairs. Any deficiencies found must be remedied prior to placing the piping into service.8.7.b. All regulated metal piping conveying fluids shall be protected from corrosion and deterioration in accordance with section 9 of this Rule.8.7.c Aboveground piping shall be adequately supported and be protected from physical damage caused by freezing, frost heaving, and vehicular traffic. 8.7.d. Piping that passes through or pierces a dike wall or the wall of a structure shall be designed to prevent damaging stresses and leakage due to settlement or fire exposure.8.7.e. Regulated underground piping shall have an annual tightness test, unless the piping is double walled and interstitial monitoring reveals no releases found during monthly monitoring checks. If the underground piping conveys a substance under pressure, the piping must be equipped with automatic line leak detectors or other equipment that will alert the operator to the presence of a leak by restricting or shutting off the flow of substances.8.7.e.1. The tank owner or operator shall establish leak detection performance rates for the annual piping tightness test and automatic line leak detector test.8.7.e.2. Leak detection performance rates shall be retained for the life of the regulated AST and made available to the Secretary upon request. Leak detection performance rates shall be established utilizing best available technology or best engineering practices.8.7.e.3. Alternatively, nondestructive examination in accordance with API 570 may be utilized in lieu of a pressure test, where appropriate. The tank owner or operator must be able to demonstrate the capability of the nondestructive examination method to identify potential damage to the piping or release from the piping.8.7.e.4. A tank owner or operator may provide the manufacturer's leak detection rate performance claims and their manner of determination as described in writing by the equipment manufacturer. Alternatively, leak and performance rates determined for leak detection equipment evaluated by the third party, National Work Group on Leak Detection Evaluations (NWGLDE), are acceptable provided their protocols are followed.8.7.f. All fill pipes leading to a pump-filled regulated AST shall be equipped with a properly functioning check valve or equivalent device that provides automatic protection against backflow whenever the piping arrangement of the fill pipe is such that backflow from the AST is possible.8.7.g. Each regulated AST connection through which a substance can normally flow shall be equipped with a shut off valve to control flow, unless the AST connection is located at a point higher than the highest liquid level in the AST, such as at the top of a horizontal AST. The valve shall be located on a nozzle welded to the shell of the AST.8.7.h. Galvanized pipe shall not be used to convey diesel fuel, biodiesel fuel, kerosene or jet fuel.8.7.i. Regulated aboveground piping shall be tested in accordance with requirements of API 570, except when any leaks from the piping can be visibly observed.