020-1 Wyo. Code R. § 1-13

Current through April 27, 2019
Section 1-13 - Inspection and Right of Entry, Reporting, and Recordkeeping

(a) Inspection and Right of Entry. Any authorized agent of the State of Wyoming has the right of entry for inspection, assessments, monitoring, and corrective actions in accordance with the provisions of W.S. 35-11-1422. Owners and/or operators shall cooperate fully with inspections, including providing access to all manholes, dispenser cabinets, CP rectifiers, and tank monitoring equipment. Compliance with this Section requires that owners and/or operators open manholes and other access points so department inspectors can see the condition of all equipment. If an owner and/or operator is unable to open the access points, requiring department personnel to open this equipment, any damages to any equipment or property shall be the responsibility of the facility owner and/or operator. Damages include, but are not limited to, those resulting from misplacement of covers, lids, or dispenser cabinet doors.

(b) Reporting. Owners and/or operators of storage tank systems shall cooperate fully with inspections, monitoring, and testing conducted by the department; and requests by the department for the following documents, notifications, testing, and monitoring information:

  • (i) Notification for all storage tank systems (Section 9 ), which includes certification of installation for new storage tank systems;
  • (ii) Notification when any person assumes ownership of a tank system (Section 9 );
  • (iii) Notification for all substantial modifications (Section 6(e) for USTs and Section 35(q) for ASTs);
  • (iv) Notification prior to changing tank systems to certain regulated substances (Section 12 );
  • (v) Reports of all releases including suspected releases (Section 19 ), spills and overfills (Section 22 ), and confirmed releases (Sections 23 through 25 );
  • (vi) Notification before permanent closure, change of status, or change-in-service (Part G);
  • (vii) Documentation required in Section 25 by owners and/or operators eligible for the state corrective action account; and/or
  • (viii) Documentation required in Section 24 by owners and/or operators not eligible for the state corrective action account.

(c) Recordkeeping. Owners and/or operators shall maintain and submit to the department (when requested) the following:

  • (i) Documentation of CP systems operation (Section 11 );
  • (ii) Documentation of storage tank system repairs (Section 8 );
  • (iii) Documentation of storage tank system compatibility (Section 12 );
  • (iv) Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (Section 10 );
  • (v) Documentation of periodic walkthrough inspections (Section 13 );
  • (vi) Documentation of compliance with release detection requirements (Part D for USTs and Sections 36 and 37 for ASTs);
  • (vii) Results of the site investigation conducted at permanent closure and changes in service (Section 31 ); and
  • (viii) Documentation for all operator licensing and training as referenced in Section 46(h).

(d) Monthly InspectionsTo properly operate and maintain tank systems, the Class A or B Operator or licensed tank tester shall meet one of the following:

  • (i) Conduct a walkthrough inspection that, at a minimum, checks the following equipment every 30 days (except spill prevention equipment at tank systems receiving deliveries at intervals greater than every 30 days may be checked prior to each delivery):
    • (A) Spill prevention equipment. Visually check for damage, remove liquid or debris, check for and remove obstructions in the fill pipe, check the fill cap to ensure it is securely on the fill pipe; and for double-wall spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area; and
    • (B) Release detection equipment. Check to ensure the release detection equipment is operating with no alarms or other unusual operating conditions present, and ensure records of release detection testing are reviewed and current; or
  • (ii) Conduct operation and maintenance walkthrough inspections according to PEI RP900, as referenced in Section 2.
  • (iii) Owners and/or operators who monitor their release detection system remotely may check the release detection equipment and records remotely every 30 days as long as the release detection system at the facility is determined to be in communication with the remote monitoring equipment.

(e) Monthly Inspection Documentation. The Class A or B Operator or licensed tank tester shall provide the facility owner and/or operator with a copy of each monthly inspection documentation and alert the owner and/or operator of any condition discovered during the monthly visual inspection that may require follow-up actions.

(f) Monthly Inspection Records. The owner and/or operator shall maintain a copy of the monthly inspection documentation and all attachments for the previous 12 months. Records shall include a list of each area checked, whether or not each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries. The records shall be maintained on-site, off-site at a readily available location within the State of Wyoming, or electronically in accordance with Section 13(i).

(g) Operator's Annual Inspection. Storage tank system owners and/or operators shall provide an annual inspection report to the department for the entire facility within 60 days of the inspection. This annual inspection shall be conducted by the owner, the operator, or a licensed tester within 1 year of the previous inspection. The inspector shall meet all qualifications of a CP tester if he or she inspects a CP system. The results of the operator's annual inspection and all associated documentation shall be maintained by the facility for at least 3 years. Records shall include a list of each area checked and each component tested, whether each area checked and each component tested was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries. This inspection shall:

  • (i) Test all CP systems on site that are due for testing in accordance with Section 11.
  • (ii) Provide pressure tests of pressurized piping or U.S. suction piping in accordance with Section 14(g).
  • (iii) Test all automatic line leak detectors as follows:
    • (A) Provide a simulated leak test for mechanical line leak detectors that demonstrates the leak detector meets the requirements of Section 14(g).
    • (B) Provide a simulated leak test for electronic line leak detectors that demonstrates the leak detector meets the requirements of Section 14(g). An internal electrical test of the system is not sufficient to meet this requirement.
    • (C) The annual inspection shall include a manual tripping of each sump sensor. A record shall be made showing the date when the test was done, the facility number, and recording whether or not the sensor operated as required. The sensor shall be placed in accordance with Section 14(h)(v).
  • (iv) Document that all automatic tank gauges (ATGs), interstitial monitoring systems, vapor monitoring systems, or other automatic systems are properly calibrated and functioning. Test alarms, verify system configurations, and test battery backup. This documentation includes a check to determine if probes are clean and are the proper ones for the regulated substance being stored.
  • (v) Provide copies of all inventory control calculations, statistical inventory reconciliation reports, automatic tank gauging test results, or results from other leak detection methods that indicate compliance for each month of the year preceding the inspection.
  • (vi) Include a physical inspection of all sumps, manholes, dispensers, under-dispenser containment, and other openings on the storage tank system. Visually check for damage and leaks. Any leaks found shall be immediately eliminated. Any liquid or debris found in spill prevention equipment such as spill buckets, sumps, or under-dispenser containment shall be removed at the time of inspection. Check for leaks in the interstitial area of double-wall sumps with interstitial monitoring.
  • (vii) Inspect probes and sensors for residual buildup, ensure floats move freely, ensure shaft is not damaged, ensure cables are free of kinks and breaks, and test alarm operability and communication with controller.
  • (viii) Ensure proper communication between vacuum pumps, pressure gauges, sensors, and controller.
  • (ix) Include documentation of Class A or B Operator's monthly inspections.
  • (x) Check hand-held release detection equipment such as tank gauge sticks or groundwater bailers for operability and serviceability.
  • (xi) Be documented on forms approved by the department. The forms shall include the name(s) and license number(s) of the person(s) performing the inspection.

(h) Results. The results of the operator's annual inspection shall be reviewed by the licensed facility operator. The name of the reviewing operator and operator's license number shall be included on the inspection form.

(i) Availability and Records Maintenance. Owners and/or operators of storage tank systems shall keep required records:

  • (i) At the storage tank site and immediately available for inspection by the department;
  • (ii) At a readily available alternate site. Records shall be provided to the department for inspection upon request. The readily available alternate site shall be within the boundaries of the State of Wyoming. If records are kept at an alternate site, the department shall be notified in writing of the name, address and telephone number for the alternate site; or
  • (iii) Electronically, but only if electronic records can be easily accessed at the facility during an inspection. Electronic records shall be accessed by the operator on a computer at the facility at the time of an inspection by the department. Due to size limitations, records accessed by cell phone do not meet the requirements of this Section.
  • (iv) Owners/operators may submit records electronically to the department prior to an inspection. Electronic records submitted to the department prior to an inspection must be received by the Storage Tank Program (STP) not less than 7 working days prior to the date of the inspection. It is the owner's/operator's responsibility to ensure the records were received by the STP. If records are not received by the STP at least 7 working days prior to the date of the inspection, the owner/operator shall ensure records are available on site at the time of the inspection using another method in this Section.
  • (v) In the case of permanent closure records, owners and/or operators may mail closure records to the department if they cannot be kept at the site or an alternate site as indicated above.

020-1 Wyo. Code R. § 1-13

Adopted, Eff. 6/29/2018.