CHAPTER Env-Or 400 UNDERGROUND STORAGE TANK FACILITIES
Statutory Authority: RSA 146-C:9; RSA 146-A:11-c,
Revision Note #1:
Document #10393, effective 9-1-13, readopted with amendments
and redesignated former Part Env-Wm 1401 titled “Underground Storage Tank
Facilities” as Chapter Env-Or 400 pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05.
The prior filings affecting the former Env-Wm 1401 included
the following documents:
#6499, eff 4-24-97
#8281, eff 2-3-05
REVISION NOTE #2:
Document #12643, effective 10-10-18, effectively readopted
with amendments the entire Chapter Env-Or 400, including the adoption or
addition of new rules and the repeal or deletion of existing rules.
The following new rules were adopted or otherwise added to
Chapter Env-Or 400:
Env-Or 401.04 Date
of Incorporated Federal Regulations.
Env-Or 402.01 defining
“Airport hydrant fuel distribution system”.
Env-Or 402.04 defining
“Auxiliary tank”.
Env-Or 402.12 defining
“Containment sump”.
Env-Or 402.14 defining
“Day tank.”
Env-Or 402.16 defining
“Discharge”
Env-Or 402.21 defining
“Field-erected tank.”
Env-Or 402.23 defining
“Hydrant pit.”
Env-Or 402.36 defining
“Non-public water system.”
Env-Or 402.38 defining
“Oil-water separator.”
Env-Or 402.53 defining
“Replace.”
Env-Or 402.57 defining
“Sensor.”
Env-Or 402.58 defining
“Spill containment.”
Env-Or 404.03 Change
in Product.
Env-Or 405.12 Day
Tank Markings Required.
Env-Or 406.18 Monthly,
Bi-Monthly, and Annual Visual Inspections.
Env-Or 406.19 Reports
of Visual Inspections.
The following rules were repealed or otherwise deleted from
the former Chapter Env-Or 400:
Env-Or 405.10 Release
Detection for Tanks Without Secondary Containment and Leak Monitoring.
Env-Or 405.11 Release
Detection for Piping Systems.
Env-Or 406.01 Inventory
Monitoring and Leak Detection Required.
Env-Or 406.02 On-Premise
Use Facilities (OPUF).
Env-Or 406.03 Single
Wall USTs Containing Motor Fuel or Bulk Storage Fuel Oil.
Env-Or 406.04 Inventory
Monitoring for OPUFs and Emergency Generator Single Wall USTs.
Env-Or 406.05 Inventory
Monitoring for Used Oil Single Wall USTs.
Env-Or 406.07 Operation
of Automatic Tank Gauge Devices.
Env-Or 406.15 Automatic
Tank Gauging Testing.
The changes in Chapter Env-Or 400 required renumbering of
various existing rules in Parts Env-Or 402, 404, 405, and 406. The former
existing rule numbers are indicated in the source notes for those rules.
Document #12643 replaces all prior filings for rules in
Chapter Env-Or 400. The prior filings
for the former rules after the filing of Document #10393 included the following
documents, which affected only Env-Or 406.24 titled “Primary Containment System
Testing”, readopted with amendments and renumbered by Document #12643 as Env-Or
406.17:
#12160, eff 4-17-17, EMERGENCY
#12365, eff 8-19-17
PART Env-Or 401 PURPOSE;
APPLICABILITY; FEDERAL REGULATIONS
Env-Or 401.01 Purpose. The purpose of this chapter is to prevent and
minimize contamination of the land and waters of the state due to the improper storage and handling of regulated substances,
including motor fuels, heating oils, lubricating oils, other fluids containing
or contaminated by petroleum, and hazardous substances, by establishing
criteria and procedures for the registration and permitting required by RSA
146-C and standards for the design, installation, operation, maintenance, and
monitoring of underground storage tank facilities.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 401.02 Applicability. Subject to the exclusions listed in Env-Or
401.03, this chapter shall apply to any underground storage tank (
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 401.03 Exclusions. The following shall not be subject to
regulation under this chapter:
(a) Any
(b) Any
(1) No tank has a storage capacity of more than
1,100 gallons; and
(2) All tanks are used solely for the storage of
heating oil for on-premise heating use;
(c) Any storage
system where less than 10% of the total volume of the tank(s) and associated
piping is below the surface of the ground;
(d) Any storage
system that is located in an
underground room or vault if:
(1) Each tank and all associated piping are
totally above or upon the surface of the floor;
(2) No portion of any tank is covered,
surrounded, or buried with soil, stone, or other material; and
(3) All components can be visually inspected;
(e) Any tank or oil water separator that is used
in an emergency spill or overflow containment system, provided the tank is emptied at or otherwise taken to a facility that
is legally authorized to receive such oil within 48 hours after
the emergency use has ended;
(f) Equipment or
machinery that contains regulated substances for operational purposes, such as
hydraulic lift tanks and electrical equipment tanks;
(g) Oil-transmission
pipelines subject to the Natural Gas Pipeline Safety Act of 1968 or the
Hazardous Liquid Pipeline Safety Act of 1979;
(h) Oil/water
separators at wastewater treatment facilities regulated under the Clean Water
Act Section 402 or 307(b);
(i) Septic tank
systems or floor drain collection tank systems that collect waste for the
purpose of segregating the collected wastes from septic systems;
(j) Any flow-through
process system that is integral to the operation of equipment, such as
manufacturing process equipment, elevators, trash compactors, and vehicle
lifts, through which there is a steady, variable, recurring, or intermittent
flow of one or more regulated substances during the operation of the equipment,
exclusive of any tank(s) or tank system(s) used for the storage of regulated
substances prior to their introduction into the production process or for the
storage of finished products or by-products from the production process;
(k) Any facility
that is regulated under the Atomic Energy Act of 1954 because it contains
radioactive material, provided that the
UST system meets the installation requirements of 40 CFR 280.11; and
(l) Any
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 401.04 Date of Incorporated Federal Regulations. Unless otherwise specified, references to 40
CFR within this chapter shall be to the 07-01-17 edition.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
PART Env-Or 402 DEFINITIONS
Env-Or 402.01 “Airport hydrant fuel distribution system”
means a UST system that fuels
aircraft and operates under high pressure with large diameter piping that begins where fuel enters one
or more tanks from an external source such as a pipeline, barge, rail car, or
other motor fuel carrier, and terminates at one or more hydrants, also known as fill stands.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.02
“Annually” means at least once in each calendar year, but not later than
12 months after the prior annual event.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.02) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.03 “As-built
record drawing” means one or more plans that clearly depict the actual location
of all components and the specifications of all components of a new
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
401.01)(See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.04 “Auxiliary tank” means a day tank
installed in the supply piping between a heating oil burning device and the UST
that supplies it, is an integral component of the piping system, and is a UL
443 tank not exceeding 60 gallons in capacity.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.05 “Backfilling” means the
process of surrounding and covering tanks, piping, and associated components
after they have been installed with the type of material, such as sand or
crushed stone, required by the specifications of the manufacturer of the
installed equipment or, if none, the specifications shown on the approved
plans.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.03) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.06 “Cathodic protection system”
means the totality of components used to reduce the corrosion of a metal
surface by making that surface
the cathode of an electrochemical cell, using either a sacrificial anode or
impressed current system.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.04) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.07 “Cathodic protection tester” means an individual who
is certified by NACE International, the Steel Tank Institute, or the
International Code Council as being qualified to evaluate the effectiveness of cathodic protection of
buried metal tanks and piping systems.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.05) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.08 “Certified tank
installer” means an individual who is certified by:
(a) The International Code Council in
(b) The equipment manufacturer as being qualified
in the installation of the
manufacturer’s equipment or individual system components.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.06) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.09 “Certified tank remover” means an individual who is certified by
the International Code Council in
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.07) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.10 “Compatible” means the ability of 2 or more substances to maintain
their respective physical and chemical properties
upon contact with one another for the design life of the
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.08) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.11 “Connected piping” means the entirety of a piping system that is
attached to a tank or storage system through which regulated substances can
flow.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.09) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.12 “Containment sump” means a
liquid-tight container, with or without secondary containment, that protects
the environment by containing leaks and spills of regulated substances from
piping, dispensers, pumps, and related components in the containment area. The term includes containment sumps located:
(a) At the top of the tank, known as tank top or
submersible turbine pump sumps;
(b) Underneath the dispenser, known as
under-dispenser containment sumps, dispenser sumps, and under-dispenser sumps;
and
(c) At other points in the piping run, known as
piping sumps, transition sumps, intermediate sumps, low-point sumps, and piping
vaults.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.13 “Corrosion expert” means an individual who
is:
(a) Accredited or certified by NACE International
as a corrosion specialist or cathodic protection specialist; or
(b) A registered professional engineer with certification
or licensing that includes education and experience in corrosion control
of buried metal piping systems and metal
tanks.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.10) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.14 “Day tank” means a tank installed
in the supply piping between a heating oil or motor fuel burning device and the
UST that supplies it, that is an integral component of the piping system.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.15 “Department” means the department of environmental services.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.11) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.16 “Discharge” means “discharge” as
defined in RSA 146-C:1, II, reprinted in Appendix C.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.17 “Excavation
zone” means the empty volume remaining after a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.12)
(See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.18 “Existing facility” means
“existing facility” as defined in RSA 146-C:1, IV, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.13) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.19 “Facility”
means “facility” as defined in RSA 146-C:1, V, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.14) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.20 “Fittings” means all components and materials used to connect pipes to
each other or to a tank or dispenser, including but not limited to valves,
elbows, joints, flanges, flexible connectors, gaskets, and sealants.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.15) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.21 “Field-erected tank” means a UST that is
built on-site by joining separate components and is not pre-fabricated. The term includes field-constructed tanks.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.22 “Heating oil” means oil, other than used oil,
that is:
(a) No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light,
No. 5-heavy, or No. 6-technical grade of fuel oil;
(b) Any other residual fuel oil, such as Navy
Special Fuel Oil or Bunker C oil; or
(c) Used as a substitute for any of the fuels
listed in (a) or (b), above.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.16) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.23
“Hydrant pit” means a liquid-tight
container that protects the environment in the containment area for fueling
aircraft at an airport hydrant fuel
distribution system by containing leaks and spills of regulated
substances from piping, dispensers, dispensing connections, pumps, and related
components, that can serve as both a containment
sump for underground piping and spill containment for fuel transfers to
aircraft.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.24
“Hydrostatic tightness test” means a test designed to evaluate the tightness of a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.17) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.25 “Impressed
current system” means a type of cathodic protection system that uses a power source called a
rectifier connected to buried metal anodes that are connected to the metal
being protected by a wire.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.18) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.26 “Leak
monitoring system” means all of the equipment installed to detect any escape of
a regulated substance from a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.19) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.27 “Lining” means a coating of non-corrosive material bonded to
the interior surface of a tank.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.20) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.28 “Liquid-tight” means no liquid can
enter or be released.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.21) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.29
“Listed release detection equipment” means release detection equipment
that has been evaluated in accordance with a nationally-approved protocol by an
independent testing laboratory and demonstrated to meet the specified
evaluation criteria at the specified probability of detection and probability
of false alarm.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.22) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.30
“Listed test method” means a test method that has been evaluated in
accordance with a nationally-approved protocol by an independent testing
laboratory and demonstrated to meet the specified detection criteria at the
specified probability of detection and probability of false alarm.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.23) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.31 “Marina”
means a waterfront facility whose principal purpose is to provide
watercraft-related services such as the securing,
launching, storing, fueling, servicing, and repairing of watercraft.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.24) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.32 “Monthly” means
once every calendar month, but not sooner than 23 days after and not later than
31 days after the date in the prior month on which the event in question
occurred.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.25) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.33 “Motor fuel”
means oil that is used to fuel an internal combustion engine. The term includes, but is not limited to,
motor gasoline, aviation gasoline, jet fuel, number 1
or 2 diesel fuel, or any blend containing one or more of these substances.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.26) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.34 “New facility” means “new
facility” as defined in RSA 146-C:1, X, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.27) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.35 “New
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.28) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.36 “Non-public water system” means a
water system that is not a public water system as defined in RSA 485:1-a, XV,
reprinted in Appendix C. The term
includes all systems designed and intended to provide piped water, regardless
of whether the water is used for human consumption, irrigation, or any other
purpose. The term does not include a
system that provides piped water in a closed loop or that otherwise is
configured such that it is impossible for the water to be used on crops or
consumed by humans or domestic animals.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13
Env-Or 402.37 “Oil” means
“oil” as defined in RSA 146-A:2,
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.29) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.38 “Oil-water separator” means a
tank system designed to separate oil from mixtures of oil and water.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13
Env-Or
402.39
“On-premise use” with respect to heating oil means oil used only to heat
the structures at the facility at which the
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.31) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.40 “Operate” means to manage a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.31) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.41 “Operating day” means a 24-hour period in which any regulated
substance has been put into, stored in, or removed from a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.32) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.42 “Operator” means “operator” as
defined in RSA 146-C:1, XIII, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.33) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.43 “Owner”
means “owner” as defined in RSA 146-C:1, XIV, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.34) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.44 “Person” means “person” as
defined in RSA 146-C:1, XIV-a, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.35) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.45 “Piping”
means an impermeable hollow cylinder or tubular conduit that conveys or
transports liquids or vapors, or that is used for venting, filling, or removing
liquids or vapors from a tank. The term
includes pipe.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.36) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.46 “Piping system” means pipes and all connected
fittings, pumps, monitors, secondary containment, auxiliary tanks, day tanks, dispensing
equipment, and any other components associated with the conveying, venting, filling,
or dispensing of a stored substance or vapors of the stored substance in a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.37) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.47
“Pneumatic tightness test” means a test designed to evaluate the tightness
of a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.38) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.48 “Public
water system” means “public water system” as defined in RSA 485:1-a, XV,
reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.39) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.49 “Regulated
substance” means, as applicable:
(a) Oil;
(b) A hazardous substance as defined in RSA 146-C:1,
(c) A regulated
substance as defined in 40 CFR § 280.12, reprinted in Appendix E.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.40) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.50 “Release”
means, as applicable:
(a)
“Discharge” as defined in RSA 146-C:1, II, reprinted in Appendix C;
(b)
A leak from any primary containment into secondary containment; or
(c)
A spill into containment during tank filling or dispensing.
Source.
(See Revision Note #1 at chapter heading
for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.41) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.51 “Release detection” means the process and equipment used to
determine whether a release of a regulated substance has occurred.
Source. (See Revision Note #1 at chapter heading for Env-Or
400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.42)
(See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.52 “Repair” means to restore a component of a UST system,
including but not limited to a tank, piping, spill prevention equipment,
overfill prevention equipment, corrosion protection equipment, containment
sump, or release detection equipment, to its original design function.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.43) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.53 “Replace” means
to remove a component of an existing UST system, including but not limited to a
tank, piping, sump, spill containment equipment, overfill prevention equipment,
corrosion protection equipment, containment sump, or release detection
equipment, and then install a component to serve the same design function as the
removed component.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or
402.54 “Residential building” means
“residential building” as defined in RSA 146-C:1, XV, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.44) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.55 “Sacrificial
anode system” means a type of cathodic protection system that uses zinc or
magnesium anodes buried in the ground close to the metal surface that are connected to the surface
being protected by a wire.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.45) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.56 “Secondary containment” means a release prevention and leak
monitoring system for a tank or piping that
prevents a regulated substance that has escaped from the primary containment
system from reaching the ambient environment.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.46) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.57 “Sensor” means a device that is
intended to be activated by contact with a liquid such as water, a regulated
substance, or product, as applicable.
The term includes discriminating sensor.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or
402.58 “Spill containment” means a
liquid-tight container, with or without secondary containment, that protects
the environment by containing leaks and spills of regulated substances during
the transfer or delivery of regulated substances to or from any UST, which can
be located at the top of the tank or at a remote fill or stage I connection
point. The term includes spill bucket
and vapor bucket.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 402.59
“Stage I system” means the equipment installed to recover gasoline vapors displaced from a gasoline storage tank during gasoline delivery and feed the vapors back into the cargo truck.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.47) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.60
“Stage II system” means the equipment installed at a gasoline dispensing facility to recover gasoline vapors displaced from a motor vehicle fuel
tank during refueling of the motor vehicle and feed the vapors to the facility’s gasoline
storage tank.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.48) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.61 “Storage system” means one or
more tanks with the connected piping system in which any regulated substance is
or is intended to be stored.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.49) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.62 “Substantial
modification” means “substantial modification” as defined in RSA 146-C:1, XVI, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.50) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.63 “Substantially modified facility” means a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.51) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.64 “Surface waters
of the state” means “surface waters of the state” as defined by RSA 485-A:2,
XIV, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.52) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.65 “Tank” means a stationary device constructed of impermeable
material(s) that is designed to, or that actually does, contain regulated substances.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.53) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.66 “Transfer operator” means the individual who is
controlling the flow of a regulated substance to or from a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.54) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.67 “Triennially” means at least once in each 3-calendar-year
period, but not later than 36 months after the prior triennial event.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.55) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.68 “Underground
storage tank (
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.56) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.69 “Underground
storage tank facility (
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.57) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.70 “Underground
storage tank system (
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.58)
(See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
402.71 “Unusual operating condition”
means any condition, equipment deficiency, or occurrence that results in a release
of a regulated substance, indicates the possibility of a system leak, or
creates a reasonable expectation that a system leak is imminent. Examples of unusual operating conditions are
listed in Env-Or 406.04(b).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.59) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 402.72 “Used oil”
means an oil that, through use or handling, has become unsuitable for its
original purpose due to the presence of physical or chemical impurities or loss
of original properties.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
402.60) (See Revision Note #2 at chapter heading for Env-Or 400)
PART Env-Or 403 REFERENCE STANDARDS
Env-Or
403.01 Availability and Applicability
of Reference Standards.
(a) The department shall have at least one copy
of each reference standard identified in this part available for inspection by
the public at its offices at 29 Hazen Drive, Concord, New Hampshire.
(b) The reference standards also may be obtained
directly from the source, as listed in Env-Or 403.02 through Env-Or 403.07 and
in Appendix B.
(c) In the event that any of the applicable
reference standards conflict with this chapter or with each other, the
requirement that is more protective of the environment shall apply.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
403.02 American Petroleum Institute. The following standards from the American
Petroleum Institute (
(a) RP 1604, “Closure of Underground Petroleum
Storage Tanks,” 1996 edition (API RP 1604);
(b) RP 1615, “Installation of Underground
Petroleum Storage Systems,” 2011 edition (API RP 1615);
(c) RP 1631, “Interior Lining and Periodic
Inspection of Underground Storage Tanks,” 2001 edition (API RP 1631);
(d) RP 1632, “Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems,” 1996 edition (API RP 1632); and
(e) STD 2015, “Requirements for Safe Entry and
Cleaning of Petroleum Storage Tanks,” 2001 edition (API STD 2015).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
403.03 ASME International. The following standards from ASME
International (ASME), 22 Law Drive, P.O. Box 2900, Fairfield, NJ, 07007-2900,
(800) 843-2763, http://www.asme.org,
which are available as noted in Appendix B, shall apply if and as applicable:
(a) ASME B31.3, “Process Piping,” 2010 edition
(ASME B31.3); and
(b) ASME B31.4, “Pipeline Transportation Systems
for Liquid Hydrocarbons and Other Liquids,” 2009 edition (ASME B31.4).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2
at chapter heading for Env-Or 400)
Env-Or
403.04 Fiberglass Tank and Pipe
Institute. The following standards
from the Fiberglass Tank and Pipe Institute (FTPI), 8252 S. Harvard Avenue,
Suite 102, Tulsa, OK 74137, (918) 809-6292, http://www.fiberglasstankandpipe.com,
which is available as noted in Appendix B, shall apply if and as applicable:
(a) Recommended Practice T-95-02, “Remanufacturing
of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks,” 1995 edition
(FTPI T-95-02).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
403.05 NACE International. The following standards from NACE
International, 1440 South Creek Drive, Houston, TX 77084-4906, (281) 228-6223, http://www.nace.org,
which is available as noted in Appendix B, shall apply if and as applicable:
(a) Standard Number SP-0285-2011 (formerly
RP0285-2002), “Corrosion Control of Underground Storage Tank Systems by
Cathodic Protection,” 2011 edition (NACE SP0285).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
403.06 National Fire Protection
Association.
(a) Subject to (b), below, the following
standards from the National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169-7471, (800) 344-3555, http://www.nfpa.org, which are
available as noted in Appendix B, shall apply if and as applicable:
(1) NFPA 30,
“Flammable and Combustible Liquids Code” (NPFA 30);
(2) NFPA 30A,
“Motor Fuel Dispensing Facilities and Repair Garages” (NPFA 30A);
(3) NFPA 31,
“Standard for the Installation of Oil-Burning Equipment” (NPFA 31);
(4) NFPA
37, “Standard for the Installation and Use of Stationary Combustion
Engines and Gas Turbines”;
(5) NFPA
70, “National Electrical Code”;
(6) NFPA
110, “Standard for the Emergency and Standby Power Systems”;
(7) NFPA
303, “Marinas and Boatyards”; and
(8) NFPA 329,
“Recommended Practice for Handling Releases of Flammable and Combustible
Liquids and Gases” 2015 Edition (NPFA 329).
(b) Unless otherwise specified above, the edition
referenced by the state fire code as defined by RSA 153:1,VI-a shall apply.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
403.07 Petroleum Equipment Institute.
The following standards from the Petroleum Equipment Institute (
(a) RP
100, “Recommended Practices for
Installation of Underground Liquid Storage Systems,” 2017 edition (PEI
RP 100);
(b) RP 300,
“Recommended Practices for Installation and Testing of Vapor-Recovery Systems
at Vehicle-Fueling Sites,” 2009 edition (PEI RP 300);
(c) RP 500,
Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing
Equipment, 2011 (PEI RP 500);
(d) RP 700,
“Recommended Practices for Design and Maintenance of Fluid Distribution Systems
at Vehicle maintenance Facilities,” 2014 edition (PEI RP 700);
(e) RP 800,
“Recommended Practices for Installation of Bulk Storage Plants,” 2008 edition
(PEI RP 800);
(f) RP 900,
“Recommended Practices for Inspection and Maintenance of UST Systems,” 2017
edition (PEI RP 900);
(g) RP 1000, “Recommended Practices for the
Installation of Marina Fueling Systems”, 2014 edition (PEI RP 1000);
(h) RP 1200, “Recommended Practices for the
Testing and Verification of Spill, Overfill, Leak Detection and Secondary
Containment Equipment at
(i) RP 1300,
“Recommended Practices for the Design, Installation, Service, Repair and
Maintenance of Aviation Fueling Systems,” 2013 edition (PEI RP 1300);
and
(j) RP 1400, “Recommended Practices for the
Design and Installation of Fueling Systems for Emergency Generators, Stationary
Diesel Engines and Oil Burner Systems”, 2014 edition (PEI RP 1400).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
PART Env-Or 404
REGISTRATION; PERMIT TO OPERATE; REQUIRED NOTIFICATIONS
Env-Or 404.01 Registration.
(a) As required by
RSA 146-C:3, the owner of a
(b) The owner of a
(c) The owner shall
sign the registration as specified in Env-Or 404.05.
(d) As required by
RSA 146-C:3,
(e) If facility
ownership is disputed, the owner of the property on which the facility is
located shall:
(1) Be deemed to be the facility owner; and
(2) Register the facility by providing the information
required by (a) and (b), above.
(f) For new systems
or substantial modifications of existing systems, a new or amended
registration, respectively, shall be filed with the department at the time of final inspection of the system.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 404.02 Change
from Use Not Previously Covered to Covered Use. The owner of any location that would become subject to
regulation under Env-Or 400 due to a change in the use of any structures that
are equivalent to a storage system at the location shall:
(a) Register the
location as a facility at least 30 days prior to changing the use of the
system; and
(b) Comply with all
applicable requirements before instituting the changed use.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 404.03 Change in Product. The owner of any facility at which the
product stored in any storage system at the facility is intended to be changed
from a regulated substance having a Reid vapor pressure of less than 4.0 pounds
per square inch (psi) to one having a Reid vapor pressure greater than 4.0 psi,
or vice versa, or to any regulated substance having greater than 10% ethanol or greater than 20% but less than
100% biodiesel, shall:
(a) Register the
facility at least 30 days prior to changing the product stored in the system;
and
(b) Comply with all
applicable requirements of this chapter, RSA 146-C, and Env-Or 500 before
changing the product stored.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 404.04 Additional
Information Required for Registration.
In addition to the information required by RSA 146-C:3, the following
shall be submitted to register each
(a) The type of
owner, such as federal government, state government, local government, commercial, or private;
(b) The type of
facility, such as gas station, petroleum distributor, air taxi, aircraft owner,
auto dealership, railroad, local government,
state government, federal non-military, federal-military, commercial,
industrial, contractor, trucking/transportation, utilities, farm, school,
hospital, marina, residential, or other;
(c) The name, email
address if any, mailing address, and daytime telephone number including area
code of the owner of the property on which the facility is located, if other
than the owner of the facility;
(d) The name, email
address if any, mailing address, and daytime telephone number including area
code of the owner of the regulated substance(s) stored in the
(e) The number of tanks permanently closed, and the date of such closure for each
tank;
(f) The number of tanks temporarily closed, and the date of such closure for each
tank;
(g) The owner’s certification as specified in Env-Or 404.05(b);
(h) Proof of financial responsibility as specified in Env-Or 404.12;
(i) For
installations subject to Env-Or 407.01, final certification by a New Hampshire
licensed professional engineer or the certified tank installer that the
installation has been completed and is in accordance with the department’s
approved plans or as-built record drawings and all terms and conditions of the
department’s approval; and
(j) The type of
regulated substance stored, and if the regulated substance:
(1) Includes ethanol, the percentage of ethanol
if greater than 10%; and
(2) Includes biodiesel, the percentage of
biodiesel if greater than 20% but less than 100%.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.03) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.05 Signature
Required.
(a) The
(b) The owner’s
signature shall constitute certification that:
(1) The owner has personally examined and is
familiar with the information submitted in or with the registration;
(2) Based on the owner’s inquiry of those individuals immediately responsible
for obtaining the information, the
owner believes that the
submitted information is true, accurate and complete; and
(3) The owner understands that he or she is
subject to the penalties for falsification in official matters, currently
established in RSA 641.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.04) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.06 Permit to Operate Required. As specified in RSA 146-C:4, I, no person
shall operate a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.05) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.07 Obtaining
a Permit
to Operate.
(a) The owner of a
(1) All information required for registration
specified in Env-Or 404.01(a) and (b);
(2) A stage I/stage II notification and system test
report as required by Env-Or 500; and
(3) As required by RSA 146-C:17, II(b), the
identity of each class A and class B operator.
(b) When a
registration that contains everything required by (a), above, is received, the department shall determine whether
the facility is in compliance with the applicable requirements in Env-Or 400,
Env-Or 500, Env-Or 600, Env-Or 700, and RSA 146-C.
(c) As required by
RSA 146-C:4, II, the department
shall issue or deny a permit to all facilities registered under RSA 146-C:3 within
90 days of the receipt of the complete registration information.
(d) The department
shall issue a permit to operate unless the facility is not in compliance with
all applicable requirements of Env-Or 400, Env-Or 500, Env-Or 600, Env-Or 700,
and RSA 146-C.
(e) If the
department determines that the facility is not in compliance with Env-Or 400,
Env-Or 500, Env-Or 600, Env-Or 700, and RSA 146-C, it shall notify the
applicant of its decision in a written notice that specifies the reason(s) why
the permit has been denied.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.06) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.08 Display,
Applicability, and Validity of Permit to Operate.
(a) As required by RSA 146-C:4, II, a permit
issued under this part shall be displayed on the premises of the
(b) The permit to
operate shall apply to all
(c) The permit to operate shall be valid
unless suspended or revoked as specified in Env-Or 404.11.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.07) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.09 Records
to be Maintained.
(a) The owner shall
retain all documents describing or otherwise related to each
(1) Manufacturer's warranties;
(2) Inventory;
(3) Installations
of all systems, including date and identification of the contractor;
(4) Test reports;
(5) Closure or removal of a system,
including date, identification of the contractor,
and reports of all tests and site evaluations conducted in conjunction with the
closure or removal such as the report required by Env-Or 408.10;
(6) Any tank lining
done subsequent to installation;
(7) A description of all monitoring procedures, including frequency;
(8) Reports of all groundwater sampling and analysis performed at the facility;
(9) Reports of all site assessments;
(10) Equipment maintenance, including frequency, procedure performed, and identification of
who performed the maintenance;
(11) Repairs
or other modifications, including a description of the repair or modification, the date, and identification of the contractor;
(12) Compliance history, including copies
of all compliance-related correspondence from or to the department;
(13) Financial responsibility as required
by Env-Or 404.12;
(14) Compatibility of UST systems and system
components as required by Env-Or 404.02(b), Env-Or 405.01(h)-(i), and Env-Or
405.02(j); and
(15) Any other records required to be maintained
or posted by this chapter or RSA 146-C.
(b) The documents
required by (a), above, shall be maintained so as to be available to a
department inspector during a routine inspection.
(c) The owner may retain
legible paper or electronic copies in lieu of the originals.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.08) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.10 Transfer
of Facility Ownership.
(a) As required by
RSA 146-C:6, when ownership of a
(b) The notification
required by (a), above, shall:
(1) Be filed with the department within 10 days
of the transfer; and
(2) Consist of:
a. An amended registration; and
b. A statement identifying each class A and
class B operator, as required by RSA 146-C:17.
(c) As also required
by RSA 146-C:6, when ownership of a
(d) The prior owner
also shall deliver to the new owner all documents and information related to
the facility that are required to be maintained by Env-Or 404.09.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.09) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.11 Suspension or Revocation of Permit to
Operate.
(a) If the
department receives information that supports a determination that a permit to
operate should be suspended or revoked, the department shall initiate a proceeding under RSA 541-A:30 and
the provisions of Env-C 200 that apply to adjudicative proceedings.
(b)
The notice issued to initiate the proceeding shall state with specificity:
(1) The violations that the department
believes exist at or relating to the facility;
(2) The action the department proposes to
take, such as suspending or revoking the facility’s permit to operate;
(3) That the owner has an opportunity
for a hearing prior to a final decision being made; and
(4) That the owner may seek an informal disposition
of the matter through discussions with the department.
(c)
If the matter goes to a hearing and the facility owner is aggrieved by
the final decision of the matter, the owner
may appeal to the waste management council as provided in RSA 146-C:4, I,
reprinted in Appendix D.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.10) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.12 Financial
Responsibility.
(a) Owners of
(1) $1,000,000 per occurrence; and
(2) An annual aggregate of:
a. $1,000,000 if one to 100 UST systems are
owned; or
b. $2,000,000 if 101 or more UST systems are
owned.
(b) The amount of
financial responsibility required shall not limit the liability of an owner or
operator for damages caused by a release.
(c) The requirement for financial
responsibility shall be satisfied if the owner of a facility is eligible for
reimbursement of costs associated with cleanup of releases from systems under
RSA 146-D.
(d) If the
requirement for financial responsibility is not satisfied as specified in (c),
above, the owner shall provide financial assurance in one, or any combination,
of the following formats:
(1) An irrevocable letter of credit issued for a
period of at least one year from an institution whose operations are regulated
and examined by a federal or New Hampshire state agency;
(2) An insurance policy from an unrelated
third-party insurance company;
(3) A surety bond issued by a surety company
listed as an acceptable surety on federal bonds in Circular 570 of the U.S.
Department of the Treasury;
(4) A trust fund established in accordance with
the laws of the state of New Hampshire; or
(5) An alternate mechanism agreed to by the owner
and the department that will ensure that the funds necessary to meet the
remediation costs are available when they are needed.
(e) If using a
surety bond, insurance policy, or letter of credit, the owner also shall
establish a standby trust to receive the proceeds of the surety bond, insurance
policy, or letter of credit.
(f) Each financial
assurance instrument specified in (d) and (e), above, shall specifically
identify the state of New Hampshire as the beneficiary.
(g) Funds held in
trust accounts may be invested, but shall provide for the preservation of
principal.
(h) Financial
assurance documents shall be as described in 40
(i) Letters of
credit shall include a provision to automatically extend the expiration date by
at least one year unless the issuing institution notifies the responsible party
and the department by certified mail, return receipt requested, of a decision
to not extend the expiration date at least 120 days before the current
expiration date.
(j) Insurance
policies and surety bonds shall include a provision to prohibit any
cancellation without prior notice of cancellation being sent to the owner and
the department by certified mail, return receipt requested, at least 120 days
before the effective date of cancellation.
(k) Within 10 days
after commencement of a voluntary or involuntary bankruptcy proceeding under
title 11 of the U.S. Code that names an owner as debtor, the owner shall comply
with 40 CFR 280.114(a).
(l) An owner who obtains financial assistance by
a mechanism other than that provided in (c), above, whose provider of the
owner’s financial assurance files for or is named as a debtor in a bankruptcy
proceeding, or has its authority to issue a guarantee, insurance policy, risk
retention group coverage policy, surety bond, letter of credit, or other
mechanism, as applicable, suspended or revoked, shall:
(1) Be deemed to be without the requisite
financial assurance;
(2) Obtain alternative financial assurance as
specified in this section within 30 days after receiving notice of such
notification; and
(3) Notify the department within 30 days of the
replacement financial assurance.
(m) Within 30 days
after receipt of notification that a state fund or other state assurance has
become incapable of paying for assured corrective action or third-party
compensation costs, the owner shall obtain alternative financial assurance.
(n) An owner shall
no longer be required to maintain financial assurance under this chapter for a
UST after the tank has been permanently closed if:
(1) Contamination was not detected on the property
on which the facility was or is located; or
(2) Corrective action has been completed.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.11) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 404.13 Owner Liability. The owner
of a UST facility may delegate responsibilities imposed by Env-Or 400 to an operator, but any
such delegation shall not relieve the owner from liability for non-compliance
with the requirements in this chapter.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
404.13) (See Revision Note #2 at chapter heading for Env-Or 400)
PART Env-Or 405 EQUIPMENT STANDARDS
Env-Or 405.01 Tank Standards for
(a) Each tank in a
(b) Each
(c) The secondary containment wall or envelope required by (b), above, shall not
be in contact with the inner wall such that a leak of the inner tank would not be detected by the leak monitoring system.
(d) No alterations of any kind shall be made to the tank without the
tank manufacturer’s written approval and a waiver obtained pursuant to Env-Or
409.
(e) Each
(1) Is constructed of steel or
glass-fiber-reinforced plastic; and
(2) Covers an area of at least l44
square inches, centered under the opening.
(f) Subject to (g),
below, each
(1) The standard of design by which the tank was
manufactured;
(2) The year in which the tank was manufactured;
(3) The dimensions and capacity of the tank; and
(4) The name of the manufacturer.
(g)
The owner shall maintain a
certificate at the facility that:
(1) Shows all of the information required by (f),
above, the date of installation, and the regulated substances and percentages
by volume of any additives that might be stored permanently and compatibly
within; and
(2) Is permanently affixed in such a way as to be visible to a
department inspector during a routine inspection.
(h)
No tank shall be used to store a regulated substance unless the
manufacturer of each component of the UST system that will be in contact with
the stored substance, including but not limited to the interior lining or wall
of the tank and all gaskets and sealants, has listed the regulated substance as
being compatible with the component.
(i)
The owner shall not change the regulated substance being stored in a UST
system to a regulated substance that is not listed by each manufacturer as a substance that is
compatible with the UST system components, unless the owner obtains a written
confirmation from each manufacturer that certifies the compatibility of the
liquid with the system prior to implementing the change.
(j) All
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.02 Piping
Standards for
(a) All piping
systems at new facilities shall meet the applicable requirements of this section
and 40
(b) Flexible metal
piping shall be certified by Underwriters Laboratories Inc. (UL) to meet UL
971A, Outline of Investigation for Metallic Underground Fuel Pipe.
(c) Steel primary piping shall be Schedule 40 or heavier.
(d) Except when
cathodic protection is provided by impressed current, metal piping systems
shall have di-electric bushings installed to
electrically isolate the piping system from the tank and the dispenser, or
other end-use point, and at any change in the metal type, such as at flexible
connectors.
(e) The department
shall approve the use of metal pipe without cathodic protection under 40
(f) Piping systems shall provide flexibility for movement at the tank end,
dispenser end, and at piping direction changes to relieve stress.
(g) All piping
systems shall have access and isolation
points to permit independent pressure testing of the tank and piping without
the need for excavation.
(h) Piping system
pressure and temperature limitations shall meet:
(1) ASME B31.3
relative to Process Piping;
(2) ASME B31.4
relative to Pipeline
Transportation Systems for Liquid Hydrocarbons and Other Liquids; or
(3) The manufacturer’s requirements and
recommendations.
(i) All piping systems shall:
(1) Be laid out to minimize
crossovers; and
(2) Run the pipes together in a
compact trench from the
(j) No part of a piping system that will be in contact with the stored regulated substance
shall be used unless the manufacturer of the component has listed the regulated
substance as being compatible with the component.
(k) Piping systems
shall slope uniformly at a slope of 1/8 inch per foot or steeper without sags
or low points in the pipe to direct any leakage from the primary piping to a
liquid-tight containment sump with a sump sensor that is located at the lowest
outlet point of the pipe.
(l) All remote fill pipes installed on or
after April 24, 1997 shall comply with (k), above, and Env-Or 405.04(a), Env-Or 405.05, Env-Or 405.06, and
Env-Or 405.09(a) and (d).
(m) Piping systems installed for the purpose of siphoning
regulated substances shall be equipped with a liquid-tight piping sump and piping sump sensor
at all interconnected tanks.
(n) Bollards shall be installed around
free-standing vents to prevent damage from vehicles.
(o) Bollards required by (n), above, shall be:
(1) Spaced no more than 4 feet
apart to span any area exposed to potential vehicle access;
(2) Painted with reflective
paint or striped with reflective tape or paint;
(3) Constructed of steel tubing
having a minimum diameter of 4 inches and filled with concrete; and
(4) Terminate not less than 3
feet above the ground.
(p) Swivel adaptors shall be installed on all
fill riser pipes.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.03 Secondary
Containment for Tanks. The secondary containment required by Env-Or
405.01(b) shall have access ports that:
(a)
Allow access without the need for excavation; and
(b) Are protected
against unauthorized access and tampering.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.04 Secondary
Containment and Sumps for Piping Systems.
(a) Subject to (b),
below, secondary containment shall be provided for all underground piping systems that routinely contain
regulated substances or their vapors by using double-wall piping.
(b) Vent piping shall be exempt from (a), above.
(c) All piping and dispenser sumps shall be:
(1) Liquid-tight to contain liquids;
(2) Installed to prevent the intrusion of
groundwater or surface water runoff; and
(3) Equipped with liquid-tight
penetration fittings for all sump entries.
(d) All piping and dispenser sump sensors shall be installed:
(1) To respond to small accumulations of liquids
within the sumps;
(2) In the lowest portion of the sump; and
(3) In accordance with the manufacturer’s
requirements for installation.
(e) Subject to (f), below, all piping that is
inside a building and part of the interior piping system shall have secondary
containment and leak monitoring that meets the requirements of (a) through (d),
above.
(f)
For piping that is inside a building, an engineered pipe trench system
may be used as secondary containment in lieu of double-wall piping.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.05 Spill
Containment.
(a) Each
(b) The owner shall
use liquid-tight spill containment equipment to prevent the release of
regulated substance to the environment when a transfer hose is detached from a fill or transfer pipe.
(c) All spill containment equipment for a
(1) Have a liquid capacity of 5 gallons or more;
(2) Be installed in or surrounded by impervious material
so that if the volume of regulated substance exceeds that of the spill
containment, the substance does not enter the UST system backfill;
(3) Be installed in accordance with the
manufacturer’s requirements; and
(4) For any
(d) When spill containment is installed within a
secondary containment sump pursuant to (c)(4), above, the secondary containment
sump shall be equipped with a sump sensor.
(e) Each drain valve
on spill containment equipment on a UST system shall either be replaced
annually or permanently sealed.
(f)
For any UST system installed prior to April 22, 1997 or that otherwise
does not have existing spill containment at stage I system connections, the
owner shall install spill containment meeting the requirements of (c), above,
at stage I system connections no later than October 13, 2021.
(g)
Tank
pads installed after the 2018 effective date this chapter shall:
(1) Have liquid-tight sealed joints at all expansion, contraction, cold, and crack control joints
within 3 feet of spill containment; and
(2) Be sealed and maintained with a
fuel-product-compatible joint sealant installed per manufacturer’s instruction.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.06 Overfill
Protection.
(a) Each
(b) A primary
overfill protection device shall be installed to prevent the fittings located
on the top of the tank from being exposed to the regulated substance due to
overfilling.
(c) The primary overfill protection device required by (b), above,
shall:
(1) Alert the transfer operator when the tank is
no more than 90% full by:
a. Using a flow restrictor in the
b. For UST systems installed prior to September 1,
2013 only, using a flow restrictor in the UST system vent line that restricts
flow into the tank; or
(2) Automatically and completely shut off flow
into the tank when the tank is no more than 95% full.
(d)
Flow-restricting overfill devices in vent lines shall not be installed
as part of any UST system installed on or after the September 1, 2013 effective
date of this chapter.
(e)
Existing flow-restricting overfill devices in vent lines that fail after
October 13, 2021 shall be removed and replaced with overfill protection that
meets the requirements of (c)(1)a. or (c)(2), above.
(f) Each overfill protection device shall
allow access for inspection of proper operation.
(g) Any
(1) A high
level visual and audible alarm; or
(2) A device that automatically and completely
shuts off flow into the tank, as specified in (c)(2),
above.
(h)
Subject to (i) and (n), below, each tank or tank compartment having a high
level alarm as the primary overfill device shall have:
(1) Separate visual and audible tank overfill
alarm sensors; and
(2) Separate visual and audible tank overfill
alarm enunciators if 2 or more compartments are filled concurrently.
(i)
UST systems installed prior to September 1, 2013 that have a high level
alarm as the primary overfill device shall comply with (h)(2), above, by
September 1, 2014.
(j) All high level alarms shall:
(1) Have both visual and audible alarms;
(2) Be clearly labeled as a tank overfill alarm;
and
(3) Be located as close as practicable to the
fill point so as to be clearly visible and audible to the transfer operator.
(k)
When triggered, the visual component of a high level alarm shall remain
in alarm mode until manually reset but the audible component may automatically
shut off after not less than 10 seconds.
(l) Any
(1) Be equipped with a high level visual and audible overfill alarm;
and
(2) Not be equipped with any flow restrictor or
flow shut off device.
(m) All gauges, alarms, or automatic or mechanical devices associated
with overfill protection shall be:
(1) Compatible
with the delivery procedures used at the
facility; and
(2) Installed
in accordance with the manufacturer’s requirements.
(n) Political
subdivisions that do not vote to approve funding for the requirement in (i),
above, shall be exempt from the requirement unless and until the requirement is
adopted as a federal regulation.
Source. (See Revision Note #1 at chapter heading for Env-Or
400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or
405.07 Dispensing Areas.
(a) Each dispensing area installed on or after February 3, 2005
shall have a concrete pad with positive limiting barriers that:
(1)
Are constructed and maintained to contain a volume of at
least 5 gallons regardless of which dispenser releases the regulated substance;
and
(2)
Extend beyond the reach of all dispensing nozzles.
(b) Each dispensing area installed or replaced on
or after the 2018 effective date of this chapter shall have a concrete pad with
positive limiting barriers (PLBs) that:
(1)
Is constructed of reinforced Portland cement concrete that meets the
requirements of NHDOT Standard Specifications for Road and Bridge Construction
dated 2016;
(2)
Has liquid-tight joints at all expansion, contraction, crack control,
and cold joints in all components of the dispensing area, including but not
limited to dispensing islands, bollards, canopy supports, canopy drainage
pipes, and utility sleeves, that have been sealed and maintained with a sealant
that is compatible with the regulated substance and has been installed as
provided in its manufacturer’s instructions;
(3)
Is provided with control joints that are:
a.
Spaced at a minimum of 24 times the pad thickness, for example every 12
feet for a 6-inch thick pad, to control shrinkage and undirected cracking, but
not located directly in front of a dispenser;
b.
Cut or formed into the pad surface to a depth of 25% of the pad
thickness; and
c.
Sealed per (b)(2), above;
(4)
Does not contain any manways, spill containment, other such tank pad
appurtenances, drains, or other avenues that could allow spilled regulated
substances to seep into the ground, provided, however, that design plans may
show such appurtenances as part of an island that is raised above the tank pad;
(5)
Is constructed with:
a. A
minimum slope of 1/8 inch per foot starting at the dispensing islands and
extending downward and radially outward to PLBs at a level perimeter; or
b. If site conditions prevent a level
perimeter, downgradient PLBs that have been constructed to ensure containment
per (6), below;
(6)
Is constructed and maintained to contain a volume of at least 5 gallons
regardless of which dispenser releases the regulated substance; and
(7)
Fully extends beyond the reach of all dispensing nozzles as measured
with the nozzle 3 feet above the dispensing pad.
(c) For a facility undergoing a substantial
modification of an existing dispensing area on or
after the 2018 effective date of this chapter, if more than 50% of the pad area
will be removed during construction or is cracked, chipped, or otherwise
damaged to the extent that the ability of the pad to prevent product from
passing through it has been compromised, the owner shall replace the entire pad
per (b), above, as existing spacing allows.
(d) Each dispenser
shall have a liquid-tight dispenser sump directly beneath it to contain discharges.
(e) Dispenser sumps
shall be:
(1) Provided with continuous leak detection
monitoring by the piping sump sensor; or
(2) Equipped with a sump sensor.
(f) Any dispenser
sump that is part of a
(g) For any UST
system installed prior to February 3, 2005 that does not have an existing
concrete dispensing pad, the owner shall install a dispensing pad meeting the
requirements of (a) and (b), above, no later than October 13, 2021.
(h) For any UST
system at a marina that does not have an existing concrete dispensing pad for
onshore dispensers, the owner shall install a dispensing pad meeting the
requirements of Env-Or 407.10(g) and (h), as applicable, no later than October
13, 2021.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.08 Leak
Monitoring Systems for Tanks.
(a) All tanks
installed on or after September 17, 1985 shall have a leak monitoring system that is
continuously operated.
(b) All double-wall tanks
installed on or after September 17, 1985 shall have continuous
monitoring of the interstitial space for both the regulated substance being
stored and water.
(c) All tanks not included in (a) or (b), above, shall have
continuous monitored secondary containment as required by Env-Or 408.05(c).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.09 Leak
Monitoring Systems for Piping Systems.
(a) A leak
monitoring system shall be installed for:
(1) Each pressure piping
system, exclusive of vent piping, installed on or after November 2, 1990;
(2) Each piping system not included in (1), above, exclusive
of vent piping and vertical tank risers, installed on or after April 24, 1997;
and
(3) Each piping system not included
in (1) or (2), above, exclusive of vent piping and vertical tank risers, as
required by Env-Or 408.05(c).
(b) All
pressurized piping shall be equipped with a UL-listed automatic line leak
detector that:
(1) Restricts
or stops the flow of the stored substance and triggers an audible or visual alarm upon
detecting a leak at a rate equivalent to 3 gallons per hour at a pressure of 10
pounds per square inch line pressure; and
(2) Meets the requirements of 40
(c) The interstitial space of the double wall piping
or the annular space between the primary piping and the secondary containment system shall be
continuously monitored to detect both water and the regulated substance.
(d) The piping
sump shall have a leak monitor sensor to detect both water and the
regulated substance.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 405.10 Cathodic Protection Systems.
(a) Each cathodic
protection system shall be equipped with an accessible test connection or
monitor that will allow system testing without excavation.
(b) A tank or piping system shall be considered cathodically protected
when:
(1) The tank or piping system has a negative
cathodic potential of at least 850 mV with the cathodic protection applied,
measured with respect to a saturated copper/copper sulfate reference electrode
contacting the electrolyte;
(2) The tank or piping system has a minimum of 100 mV of cathodic
polarization; or
(3) The requirements
specified in NACE SP0285, Corrosion Control of Underground Storage Tank Systems
by Cathodic Protection are met.
(c) Subject to (d),
below, when a cathodic protection system does not meet the requirements of (b), above, the owner shall:
(1) Repair or replace the system as specified in
Env-Or 405.11; or
(2) If the failed cathodic protection system is
not repaired within 90 days, permanently close the
(d) For any system
at a facility that is subject to 42 U.S.C. 4321-4347 or 36
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
405.12) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 405.11 Changes to Cathodic Protection Systems.
(a)
Any alterations to an existing cathodic protection system shall
be made as specified in this section.
(b) If the existing cathodic protection system is to be
changed to an alternate method of cathodic protection, the owner shall obtain
approval in accordance with Env-Or
407.01 through Env-Or 407.04.
(c) The plan
submitted with the application shall be a corrosion protection plan prepared by
a corrosion protection expert that includes:
(1) The alternate proposed corrosion protection
system to be installed; and
(2) All structures to be corrosion protected.
(d) If an existing cathodic protection system is
repaired or replaced with the same method of cathodic protection, the owner
shall:
(1) No later than 30 days after the date of the
corrosion protection test, submit to the department the test results as
required by Env-Or 406.10; and
(2)
Submit to the department a report prepared and signed by a corrosion protection expert identifying the cause of the failure
and the procedures required to repair the cathodic protection system.
(e)
No later than 30 days following the repair to the cathodic protection
system, the owner shall submit to the department the following:
(1) A record drawing of the repair;
(2) The information required by Env-Or 406.10; and
(3) A report prepared and
signed by a corrosion protection expert certifying the cathodic protection
system repair was conducted under the direction of a corrosion protection
expert and the repaired
(f) The owner shall
maintain a certificate at the facility that:
(1) Shows all of the information required by (f), above, the date of installation, and
the regulated substances and percentages by volume of any additives that might
be stored permanently and compatibly within; and
(2) Is permanently affixed
in such a way as to be visible to a department inspector during a routine
inspection.
(g) No tank shall be
used to store a regulated substance unless the manufacturer of each component
of the
(h) The owner shall
not change the regulated substance being stored in a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
405.13) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 405.12 Day Tank Markings Required.
(a)
Any day tank that is connected by piping to a UST that is subject to
this chapter shall be marked with the following information:
(1) The type of product stored;
(2) The registered tank number corresponding to
the UST that automatically supplies product to the day tank; and
(3)
The appropriate emergency response system symbol(s) that meet(s) the
requirements of section 21.7.2.1 of NFPA 30, available as noted in Appendix B,
to identify the hazards posed by the product stored.
(b) All information required by (a), above, shall
be in lettering that is at least 2 inches high in a color that contrasts with
the color of the tank, so as to be readily discernable from the distance at
which the lettering will typically be viewed.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
PART Env-Or 406 OPERATION, MAINTENANCE,
Env-Or 406.01 On-going Maintenance Required.
(a)
All piping and
dispenser containment sumps shall be maintained:
(1) Free of liquid and debris;
(2) In good working order to perform their
original design function; and
(3) Liquid-tight at their sides and bottom.
(b) Spill
containment
equipment shall be maintained:
(1) Free of liquid and debris;
(2) In good working order to perform its original
design function; and
(3) Liquid tight at its sides and bottom.
(c)
All gauges,
alarms, and automatic or mechanical devices associated with overfill protection
shall be maintained in good working order to perform their original design
function.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.06) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.02 Operation
and Maintenance of Leak Monitoring Systems.
(a) The
(1) Maintain leak monitoring systems in good
working order so they can continuously perform their original design function;
and
(2) Maintain the interstitial space or annular
space for both tanks and piping to be free of debris and water.
(b) No owner or
operator shall turn off or otherwise deactivate any leak monitoring system for more than 2 hours without prior
notification by the owner to the department.
(c) If a leak
monitoring system malfunctions, the
owner shall repair the system and
clear and reset any alarm condition normal operating mode within 15
working days. If the system(s) cannot be
repaired and the alarm condition
cleared and reset to normal operating mode within 15 days, the affected
(d) Each leak monitoring system shall:
(1) Have an audible alarm and visual indicator;
(2) Be located where the audible alarm and visual
indicator can be readily heard and seen by the operator or other personnel
during normal working hours;
(3) Be clearly and conspicuously marked or
labeled as being a leak monitoring system; and
(4) Be secured
against vandalism and incidental damage.
(e) Each leak monitoring console shall identify the specific location of all
leak monitoring sensors connected to that console. A complete list of all the specified leak monitoring sensors shall
be permanently affixed on the facility premises in a location that is visible
to a department inspector during a routine inspection.
(f)
When a leak monitor indicates a possible leak, the owner shall
investigate the cause of the indication to determine if a leak has occurred, in
accordance with Env-Or 406.04.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.08) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.03 Delivery or Transfer of Regulated
Substances.
(a) No person shall
allow the transfer or delivery of regulated substances to any
(b) Immediately prior
to transferring any regulated substance into a
(c) No transfer
shall be made to a
(d)
No transfer
shall be made to a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.09) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.04 Unusual
Operating Conditions.
(a) Subject to (c),
below, the owner shall report any unusual operating condition(s) to the department within 24 hours.
(b) Unusual operating conditions shall include, but are not
limited to:
(1) Erratic behavior of dispensing equipment,
the stage I system or stage II system,
or overfill protection equipment;
(2) Water or regulated substance gain or loss in
a tank, sump, or system component, including water or regulated substance in
the interstitial space of a secondarily contained system, that might indicate a
problem with system tightness;
(3) A visual or auditory alarm of the leak monitoring system indicates that a release might have
occurred;
(4) Petroleum vapors or vapors of a hazardous substance
are detected near the
(5) The
(6) Visual evidence of system component
deterioration is present;
(7) The
(8) Any other evidence that a
(c) Owners
shall not be required to report unusual operating conditions if, within 24
hours of discovering the unusual operating condition:
(1) The cause of the condition is
determined;
(2) The condition is corrected or the potential
for a release is removed by taking the equipment out of service; and
(3) The owner determines through investigation
that the unusual operating condition did not result in a release of a regulated
substance from primary containment or into the environment.
(d) The presence of regulated substance in a
dispenser pan, sump, tank interstitial, or piping interstitial, or in a holding
tank or oil-water separator, shall constitute a release and shall:
(1) Not be exempted under (b), above; and
(2) Be reported immediately if the discharge
meets any of the criteria for immediate notification pursuant to Env-Or 604.06,
and otherwise within 24 hours.
(e) The owner shall:
(1) Investigate the cause of any unusual
operating condition within 24 hours of becoming aware of the condition;
(2) Implement measures to prevent or minimize a
release, eliminate the leak, or otherwise correct the deficiency; and
(3) Submit a written report to the department within 7 days that describes
the investigation and its conclusions.
(f) If a discharge to the ambient environment has
occurred, the owner also shall notify the department in accordance with Env-Or
604 and implement the preliminary response action in accordance with Env-Or
605.
(g) Upon receiving
notification pursuant to (a), above, or a report pursuant to (e)(3), above, the
department shall evaluate the notification or review the report to determine
whether an additional tightness test is needed to verify the report’s conclusions.
(h) If the
department determines that an additional tightness test is required, the owner
shall conduct a tightness test in
accordance with Env-Or 406.05
through Env-Or 406.08 and Env-Or 500, if applicable, to determine the tightness
of the system within 7 days of being notified by the department that the test is required.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.10) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.05 Requirements
for Tightness Testers and Test Methods.
(a) Any individual who conducts tightness tests on
the whole or any part of a
(1) Understand
the variables that affect the test;
(2) Be trained
in the performance of the test; and
(3) Be
certified as qualified by the manufacturer of the equipment used in the testing
method if such certification exists.
(b) Subject to (c) and (d), below, the tightness
testing method shall be:
(1) A listed
test method for the system or component being tested that is certified to meet
the leak rate detection criteria specified in Env-Or 406.06; or
(2) A specific
component tightness test method established in Env-Or 406.15 or Env-Or 406.16.
(c) If a
test method meeting the requirements of (b), above, for the component being
tested does not exist, the tightness test shall conform to the component manufacturer’s testing
requirements that are certified by the manufacturer to meet the leak rate
detection criteria specified in Env-Or 406.06.
(d) If a test method
meeting the requirements of (b) or (c), above, for the component being tested
does not exist, the tightness test shall
conform to the testing requirements of:
(1) PEI RP
1200; or
(2) An
applicable test from the reference standards specified in Env-Or 403.
(e) The test technician shall provide a complete description of the test method used and, if applicable, a copy of
the manufacturer’s training certification, to the owner.
(f) The owner shall retain the description and
certification provided pursuant to (e), above, for the life of the facility.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.11) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
406.06 Leak Rate Detection Criteria.
(a)
The tightness test for a
(b) When line tightness testing is used for
suction or atmospheric piping, the pipe pressure tightness test shall have a
detection limit equivalent to 0.1 gallon per hour at 1.5 times operating
pressure.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.12) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.07 Requirements for Test Reports.
(a) When
a tightness test is performed, the owner shall submit a report of the tightness
test that meets the requirements of (c) through (e), below. The report may be generated by the owner or
may be submitted on a form available from the department or on any other
document containing the required information.
(b) The owner shall submit the tightness test
report to the department no later than 30 days after the date of the test.
(c)
The test report submitted pursuant to (a), above, shall include:
(1) The
(2) The
(3) The name,
address, and daytime telephone number including area code of the
(4) The date of
the test;
(5) The
tester’s name, company address, and daytime telephone number including area code;
(6) The number and expiration date, if any, of the
tester’s certification, if a certified tester is required for the test being
performed; and
(7) The
information required by (d), below.
(d) The test report submitted pursuant to (a),
above, shall include the following information for each
(1) The
capacity of the
(2) The age of
the
(3) The
regulated substance stored in the
(4) The
location of the
(5) Any other
information necessary to accurately identify the
(6) A copy of
the field technician’s testing records;
(7) A list of
each system component tested;
(8) A
description of any piping, fittings, or connections that were tightened or
repaired;
(9) The length
of any waiting periods after regulated substance delivery, topping, or vapor
space disturbances;
(10) A
description of the temperature measurement equipment and method used for the
tightness test;
(11) A
description of the re-leveling procedure used;
(12) The type
of testing equipment used for the test, by manufacturer name and model number,
together with the date of last calibration and maintenance of the testing
equipment;
(13) Test
duration time; and
(14) A
description of the vapor pocket measurement and elimination procedure used.
(e) The technician who performed the test shall sign the test
report to certify:
(1) The
validity, method, and accuracy of the test;
(2) That the
test complies with requirements of this chapter; and
(3) That he or
she is qualified to perform the test.
(f) The owner shall keep the test report and any other documents
describing the type of test, contractor, date, materials, all technician
testing data, and any other information pertinent to the tightness testing
performed for the life of the system.
(g) If information submitted to the department causes the department to
question the accuracy of the test or test report, the person who conducted the
tank tightness tests shall provide the department with information on all
testing equipment and protocols that have the potential to affect the accuracy
of the test within 10 days of the department requesting the information.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.13) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.08 Test Failures.
(a) A
(b) The individual conducting the test shall
notify the department and the
(c) The owner of a
(d) Upon being notified of a tank or piping
tightness test failure, the
(1) Investigate
the cause of the failure and determine whether the system is leaking within 7
days of the initial test failure; or
(2) Temporarily
close the system within 7 days of the initial failure and permanently close the
system in accordance with Env-Or 408.06 through Env-Or 408.10 within 30 days of
the original test failure.
(e) The investigation into the cause of the initial
test failure shall include a second tightness test.
(f) The owner shall submit a written report to
the department within 30 days of the initial test failure that describes the
work performed, the repairs made, and any other actions taken in response to
the test failure.
(g) Any system that has been repaired shall be retested for tightness to
confirm the effectiveness of the repairs.
(h) Any double wall
(1) Completely emptied of regulated substance
within 24 hours of the second failure; and
(2) Repaired in accordance with Env-Or 408.01
through Env-Or 408.03, as applicable, or permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10, within 30 days of
the second test.
(i)
Upon being notified of a containment sump or spill containment tightness
test failure, the UST system owner shall:
(1) Investigate the cause of the failure and
determine if the system has leaked within 30 days of the initial test failure;
and
(2) Either:
a. Repair or replace the containment sump or
spill containment in accordance with Env-Or 408.03; or
b. Temporarily close the UST system within 30
days of the initial failure.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.14) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.09 Automatic
Line Leak Detector Testing.
(a) Automatic
line leak detectors shall be tested annually in accordance with the
manufacturer’s requirements to confirm
that they are operating in accordance with their designed function.
(b) The owner shall
submit the following information in an automatic
line leak detector test report generated by the owner, on a form made available
by the department, or on any other document
(1) The
information required by Env-Or 406.07(c)(1)-(6);
(2) Test
locations; and
(3) Test
results.
(c) The line leak
detection tester who conducted the test shall sign the test report in
accordance with Env-Or 406.07(e).
(d) When an
automatic line leak detector test is performed, the owner shall send the line
leak detector test report to the department no later than 30 days after the
date of the test.
(e) An automatic line leak detector failure
shall be indicated by a leak rate of greater than 3 gallons per hour at a pressure of 10
pounds per square inch line pressure within one hour.
(f) If any line leak
detector fails the test, the owner shall remove the affected piping system(s)
from service until the line leak detector is repaired or replaced and passes
the line leak detector test.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.16) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.10 Cathodic
Protection System Testing.
(a) The owner shall test:
(1) Sacrificial anode systems within 6 months of
installation and every 3 years thereafter; and
(2) Impressed current systems within 6 months of installation
and every 3 years thereafter.
(b) The individual
conducting the testing shall be a cathodic protection tester.
(c) The owner shall
submit the following information in a report of the cathodic protection test generated by the owner, on a form
made available by the department, or any other document:
(1) The
information required by Env-Or 406.07(c)(1)-(6);
(2) A description of the equipment
used to conduct the test;
(3) Test locations;
(4) Test results;
(5) For impressed current systems,
the specified rectifier DC output range in volts and amps; and
(6) The tester’s International Code Council,
Steel Tank Institute, or NACE certification number.
(d) The cathodic
protection tester who has conducted the test shall sign the test report in accordance
with Env-Or 406.07(e).
(e) When
a cathodic protection test is performed, the owner shall send the test report
to the department no later than
30 days after the date of the test.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.17) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.11 Overfill Prevention Device Testing.
(a)
Subject to (b), below, no later than December 22, 2017 and triennially
thereafter, the owner of a
(b) Political subdivisions
that did not vote to approve funding for the testing required by (a), above,
shall test the primary overfill protection system no later than October 13,
2021 and triennially thereafter.
(c) The owner of a
UST system that includes a day tank that is automatically filled from the UST
shall test the day tank’s high level alarm and overfill prevention system no
later than October 12, 2021 and annually thereafter.
(d)
The testing shall be done by removing the sensors/devices from the tank
and activating them.
(e)
The
owner shall report any test failure to the department within 24 hours of
receiving notice of the failure.
(f) The owner shall
submit to the department no later than 30 days after the date of the test the
overfill prevention device test information specified in (g), below, in a report generated by the
owner, on a form available from the department, or on any other document
containing the required information.
(g) The overfill
prevention device test report shall include the following:
(1) The
information required by Env-Or 406.07(c)(1)-(6);
(2) Overfill model number and manufacturer’s
name;
(3) Test results;
(4) Verification that the overfill console if
equipped is correctly programmed and labeled;
(5) Verification that the overfill device tank
sensor is positioned in accordance with the activation height requirements of
Env-Or 405.06(c) and manufacturer’s requirements;
(6) Verification that the overfill device sensor
was visually inspected and confirmed operational by manually simulating an
overfill condition per state’s and manufacturer’s requirements;
(7) Verification that the audible alarm, if
equipped, is operational and can be heard by delivery person; and
(8) Verification that the visual alarm, if
equipped, is operational and can be seen by delivery person.
(h) The tester who
has conducted the test shall sign the test report in accordance with Env-Or
406.07(e).
(i) Any
malfunctioning spill or overfill device shall be repaired within 30 working
days. If the device(s) cannot be repaired or replaced within 30 days, the
affected system(s) shall be prohibited from taking a delivery until
satisfactory repairs are made.
(j) Any repaired or
replaced overfill prevention device shall be immediately tested and reported as
specified in (d) through (h), above.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.18) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.12 Spill Containment Integrity Testing.
(a)
Subject to (b), (d), and (e), below, no later than December 22, 2017
and triennially thereafter, all spill containment equipment shall be tested
for tightness as specified in Env-Or 406.05 through Env-Or 406.08.
(b) Subject to (d)
and (e), below, any political subdivision that did not vote to approve funding
for the testing required by (a), above, shall test all spill containment
equipment no later than October 13, 2021 and triennially thereafter.
(c) Subject to (d)
and (e), below, no later than October 13, 2021 and triennially thereafter, all
stage I system connection spill containment equipment that otherwise was not
tested pursuant to (a), above, shall be tested for tightness as specified
in Env-Or 406.05 through Env-Or 406.08.
(d) Spill
containment equipment installed within a liquid-tight sump or of double-walled
construction having electronic or mechanical interstitial monitoring that is
inspected monthly pursuant to the requirements of Env-Or 406.18(a)(1) shall not
be subject to the triennial integrity testing requirement of this part.
(e) Spill
containment equipment installed within a secondary containment sump equipped
with a sump sensor and leak monitoring in which the sump is inspected annually
pursuant to Env-Or 406.18(a)(1) shall not be subject to the triennial integrity
testing requirement of this part.
(f) The owner of a
UST system shall report any spill containment tightness test failure to the
department within 24 hours of receiving notice of the failure.
(g) The owner shall
submit the following information to the department within 30 days of the
closure of a failed spill containment device:
(1) A summary of closure
activity, including, but not limited to, measurements from a photoionization
detector; and
(2) The information required by (i), below.
(h) The owner shall
submit to the department no later than 30 days after the date of the test the
spill containment test information specified in (i), below, in a report generated by the
owner, on a form available from the department, or on any other document
containing the required information.
(i) The spill
containment test report shall include the following:
(1) The
information required by Env-Or 406.07(c)(1)-(6);
(2) Containment model number and manufacturer’s
name;
(3) Test method;
(4) Test results;
(5) Verification that the test passed or failed;
(6) Verification that the primary and secondary
containment if applicable is free of debris, water, and regulated substance.
(j) The tester who
has conducted the test shall sign the test report in accordance with Env-Or
406.07(e).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.19) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.13 Leak
Monitoring Equipment Testing.
(a) The owner of a
(b) The owner of a
UST system containment sump having a
sensor or discriminating sensor system which automatically
de-energizes the specific dispensing pump or submersible tank pump when
regulated substance is detected and that
is not being tightness tested triennially pursuant to the requirements of
Env-Or 406.14(b) shall test each system for proper operation no later than
October 12, 2021 and annually thereafter.
(c) The owner of a UST system
that includes a day tank that is automatically filled from the UST shall test
the rupture basin or secondary containment leak monitoring equipment no later
than October 12, 2021 and annually thereafter.
(d) The owner shall submit to the department no
later than 30 days after the date of the test the leak monitor test
information specified in (e), below, in a report generated by the owner, on a form
available from the department, or on any other document containing the required
information.
(e) The leak monitor
test report shall include the following:
(1) The
information required by Env-Or 406.07(c)(1)-(6);
(2) Leak monitor model number and manufacturer’s
name;
(3) Verification that the leak monitor console
assignments are correctly programmed and labeled for all sensors;
(4) Verification that the tank and piping sensors
for the secondary containment is positioned in accordance with the
manufacturer’s requirements;
(5) Verification that the
brine level of the tank interstitial space is within the manufacturer’s
operating range;
(6) Verification that the secondary containment
is free of debris, water, and regulated substance;
(7) Verification that all sensors were visually
inspected and confirmed operational by manually simulating an alarm condition;
(8) Verification that all leak monitor console
audible alarms are operational;
(9) Verification that all leak monitor console
visual alarms are operational;
(10) Verification that the communication system, such as a modem, is operational for leak monitoring
systems and will relay alarms to a remote station;
(11) Verification that all secondary containment
is continuously monitored; and
(12) Verification that all associated product pump
circuits have been de-energized, if applicable pursuant to the requirements of
(b), above.
(f)
The testing technician who conducts the test shall sign the test report in accordance with Env-Or
406.07(e).
(g)
The testing technician shall attach to the submitted test report the
information necessary to verify that this information is correct.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.20) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.14 Containment
Sump Integrity Testing.
(a) The owner shall test each new sump for
tightness at installation, in accordance with Env-Or 406.05 through Env-Or
406.08.
(b)
With the exception of UST systems containing heating oil for on-premise
heating use, and subject to (c) and (d), below, all containment sumps shall be
tested for tightness as specified in Env-Or 406.05 through Env-Or 406.08 no
later than October 13, 2021 and triennially thereafter.
(c)
Containment sumps having secondary containment and leak monitoring that
is inspected annually pursuant to the requirements of Env-Or 406.18(a)(1) shall
not be subject to the triennial integrity testing requirement of this part.
(d)
Containment sumps having leak monitoring sensors positioned at the
lowest point of the sump or discriminating sensors covering the entirety of the
sump which automatically de-energize the specific dispensing pump or
submersible tank pump when regulated substance is detected and which are tested
annually pursuant to Env-Or 406.13(b) shall not be subject to the triennial
integrity testing requirement of this part unless the department has determined
that the system has been disabled and then the testing requirements of this
part shall be due within 30 days.
(e)
The owner shall submit to the department no later than 30 days after the
date of the test the
containment sump integrity test information specified in (f), below, in a report generated by the
owner, on a form available from the department, or on any other document
containing the required information.
(f) The containment
sump integrity test report shall include the following:
(1) The information required by Env-Or
406.07(c)(1)-(7);
(2) Containment model number and manufacturer’s
name, if known;
(3) Test method;
(4) Test results;
(5) Verification that the test passed or failed;
and
(6) Verification that the primary and secondary
containment if applicable is free of debris, water, and regulated substance.
(g) The tester who has conducted the
test shall sign the test report in accordance with Env-Or 406.07(e).
(h) The owner shall
submit the following information to the department within 30 days of the
closure of a failed sump containment device:
(1) A summary of closure
activity, including, but not limited to, measurements from a photoionization
detector; and
(2) The information required by (f), above.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.21) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.15 Hydrostatic Tightness Test for Sumps and
Spill Containment.
(a)
If a hydrostatic tightness test is performed on sumps or spill
containment, or both, pursuant to Env-Or 406.05(b)(2), the test shall be
conducted:
(1) After all seams and fittings have been completed and all
piping and conduits have been installed;
(2) At a level that is within one inch of the top
of the containment sump or spill containment, or 10 inches above the top of the
highest containment sump penetration fitting, whichever is lower;
(3) By recording the liquid level measurements at
the beginning and end of the test;
(4) For a minimum of 3 hours for containment sumps and one hour
for spill containment; and
(5) With no addition of liquid to the containment
sump or spill containment after the start of the test.
(b) A passing
hydrostatic test, when conducted in accordance with (a), above, shall have no
loss of liquid or observed
leaks after the complete duration of the test.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or
406.22) (See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or 406.16 Pneumatic Tightness Test for Piping.
(a) If a pneumatic tightness test is
performed on
piping pursuant to Env-Or 406.05(b)(2), the test shall be
conducted as follows:
(1) Pressurize flexible
secondary containment piping at 5 psi and maintain the pressure for a minimum
of 10 minutes;
(2) Pressurize nonflexible
secondary containment piping at 10 psi and maintain the pressure for a minimum
of 10 minutes;
(3) Apply soap solution to all
piping joints and other connections; and
(4) Observe the joints and
connections for leaks for the duration of the test.
(b) The piping shall be backfilled only if no
leaks are observed for the duration of the test.
(c) All installed secondary containment piping
shall be pressurized for a minimum period of 2 hours after the backfill process
has been completed.
(d) Test results shall be provided to the
department at the final site inspection required by Env-Or 407.07(e).
(e) The certified tank installer shall remove all
testing equipment after the test is completed.
(f) Each test gauge used for pneumatic tightness
testing shall have an operating range that conforms to the requirements of the
test method being used.
Source. (See Revision Note #1 at chapter heading for Env-Or
400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.23)
(See Revision Note #2 at chapter heading for Env-Or 400)
Env-Or
406.17 Primary Containment System
Testing.
(a) For purposes of this section, “primary
containment system” means any portion of a UST system that contains a regulated
substance or oil, or vapors thereof, that is intended to be in contact with the
substance being stored, or its vapors, under normal operating conditions,
exclusive of pressure piping that is isolated from the tank by a submersible
pump.
(b) The owner of a
motor fuel dispensing
(1) Owners of
UST systems storing gasoline who are required by Env-Or 500 to perform periodic
pressure decay testing shall comply with those requirements;
(2) Owners of
UST systems storing gasoline who are not required by Env-Or 500 to perform periodic
pressure decay testing shall perform the pressure decay test as specified in
Env-Or 504.10(a)(2) and Env-Or 504.10(b) or use a test method as specified in
Env-Or 406.05; and
(3) Owners of UST systems
storing diesel fuel shall use:
a. A test method as specified in Env-Or 406.05;
or
b. The pressure decay testing method as
specified in Env-Or 504.10(a)(2) and Env-Or 504.10(b), provided soap checks of
accessible tank top fittings and risers are conducted during the test and repairs
are made as leaks are encountered.
(c) The owner of a motor
fuel dispensing UST system installed or substantially modified after December
22, 2017 shall test the primary containment system for tightness prior to
operation and triennially thereafter using the test methods listed in
(b)(1)-(3), above, as applicable.
(d) Any owner of a motor fuel dispensing UST
system storing diesel fuel who conducted tightness testing on the primary
containment system using the method specified in (b)(3)b., above, on or after
April 15, 2016, may rely on the results of that test to meet the requirement
for initial testing.
(e) Test reports shall be completed and submitted
as specified in Env-Or 406.07.
(f) Test failures shall be addressed as specified
in Env-Or 406.08.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-13; amd by #12160, EMERGENCY RULE, eff 4-17-17,
EXPIRES: 10-14-17; ss by #12365, eff 8-19-17; ss by #12643, eff 10-10-18
(formerly Env-Or 406.24) (See Revision Note #2 at chapter heading for Env-Or
400)
Env-Or 406.18 Monthly, Bi-Monthly, and Annual Visual
Inspections. In addition to the visual
inspection requirements listed in RSA 146-C:19, II(c), the following items
shall be inspected on the frequency noted by the facility’s class A or class B
operator or under the direction of the class A or class B operator:
(a) The following shall be completed monthly:
(1) For spill containment equipment having
secondary containment and leak monitoring that is not being tightness tested
triennially pursuant to Env-Or 406.12, inspect the interstitial space for the
presence of any oil or water, remove and dispose of any oil or water in
accordance with all applicable federal, state, and local requirements, and
repair the spill containment as necessary;
(2) Inspect each hydrant pit at an
airport hydrant fuel distribution system for the presence of oil, water, or
debris, and:
a. Remove and dispose of any
oil, water, or debris in accordance with all applicable federal, state, and
local requirements; and
b. Repair each hydrant pit as necessary;
(3) Inspect each oil transfer
and dispensing pad area for conditions of open joints, cracking, spalling,
nozzles extending beyond the pad, or defects of any kind and correct or repair
per Env-Or 405.07(b) or Env-Or 407.10, as applicable; and
(4) Inspect and remove any
obstruction in the fill pipe;
(b) For impressed current cathodic protection
systems, once every 2 months:
(1) Inspect each rectifier
output monitor to ensure that the rectifier is on, that the output voltage and
amps are within the range specified in the test report filed with the
department pursuant to Env-Or 406.10(c)(5); and
(2) Immediately contact a
corrosion expert if the rectifier is not operating or is not operating within
the specified voltage and amp output range; and
(c) Annually:
(1) Inspect each containment
sump for leaking components and the presence of oil, water, or debris, and:
a. Remove and dispose of any
oil, water, or debris in accordance with all applicable federal, state, and
local requirements; and
b. Repair each component as
necessary with the results reported in the associated monthly inspection
report;
(2) For containment sumps having secondary
containment and leak monitoring that are not being tightness tested triennially
pursuant to Env-Or 406.14(b), inspect the interstitial space for any oil or
water; and
(3) If the interstitial space is equipped with a
liquid-indicating gauge and the gauge is used in lieu of conducting a monthly
interstitial space inspection, remove and inspect the gauge annually for proper
function, repair as necessary, and report the results in the associated monthly
inspection report.
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 406.19 Reports
of Visual Inspections.
(a)
Results of the inspections required by Env-Or 406.18 shall be reported as “no defect”
or “defect”.
(b) If a defect is noted, the report shall:
(1) Include an explanation of how
the defect was resolved; and
(2) Be submitted with the
results of the monthly visual inspections required by RSA 146:19, II(b).
(b)
Results of the bimonthly visual inspections required by Env-Or 406.18(b)
and the annual visual inspections required by Env-Or 406.18(c) shall be
reported in the month in which the inspection occurred with the results of the
monthly visual inspections required by RSA 146:19, II(b).
Source. #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
PART Env-Or 407 INSTALLATION
REQUIREMENTS
Env-Or 407.01 Application for Approval of
(a) As specified in RSA 146-C:7, I, prior to
commencing construction or installation of a new facility or making one or more
substantial modifications at an existing facility, including any changes to a
cathodic protection system, the owner shall:
(1) As required by RSA 146-C:7,
I, submit plans and specifications to the department; and
(2)
Provide the information required by Env-Or 407.02 together with the fee, if
any, required by RSA 146-C:7, I-a.
(b) The approval of the plans by an engineer
licensed to practice in New Hampshire that is required by RSA 146-C:7, I shall
be demonstrated by the engineer signing and affixing his or her stamp to the
plans.
(c) Subject to (d), below, construction shall not
commence until the sooner of 90 days after submitting a complete application or
the department issues an approval.
(d) If the department issues a denial within 90
days, the facility shall not be constructed.
(e) The owner shall sign and date the
application.
(f) The signature shall constitute certification
that:
(1) The information provided is true,
complete, and not misleading to the knowledge and belief of the signer;
(2) The signer understands that any permit issued based on false,
incomplete, or misleading information shall be subject to revocation; and
(3) The signer understands that he or she is subject to the penalties
for falsification in official matters currently specified in RSA 641.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
407.02 Information Required for
Application. The information
required by Env-Or 407.01(a)(2) shall be as follows:
(a) Information on the facility and system owner as
specified in RSA 146-C:3, I(a) -
(c);
(b) Whether the application is for piping only;
(c) Whether any existing USTs are being closed;
(d) For each new UST, the following information:
(1) The nominal and actual
volume of the UST;
(2) The diameter and length of
the UST;
(3) The regulated substance
stored in the UST;
(4) The UST’s manufacturer and
material of construction;
(5) If a double-walled UST, the
degree of wrap;
(6) If a steel UST, the gauge of
the outer wall; and
(7) The design standard of the
UST;
(e) If leak monitoring is proposed, the
manufacturer and model number for the sensor, gauge, and monitor or line leak
detector, as applicable;
(f) For piping and secondary containment, the
following:
(1) Whether the primary piping
is a pressure or suction system;
(2) For the
primary piping, secondary piping, and duct or chase, the manufacturer, model
number, pipe material and schedule, pipe size(s), and minimum bend radius, as
applicable;
(3) Whether the system uses a
siphon or return;
(4) For the primary, secondary, and duct or chase, the manufacturer,
model number, pipe material and schedule, pipe size(s), and minimum bend
radius, as applicable;
(5) For vapor piping components
including the vent, vapor recovery, and stack, the manufacturer, model number,
pipe material and schedule, pipe size(s), and minimum bend radius, as
applicable; and
(6) For each sump serving a
tank, dispenser, or other UST system component:
a. The manufacturer, model number,
and material of the sump; and
b. The manufacturer and model
number of each sump sensor and sump entry fitting;
(g) For spill containment, the manufacturer and
model number of each fill spill container and stage I spill container, as
applicable;
(h) Whether the overfill protection is an audible
alarm level sensor, overfill flow shut-off valve, or another type of
protection;
(i) The manufacturer and model number of all
other UST system appurtenances, including as applicable fill pipe swivel adaptors
and caps, submerged fill drop tubes, stage I adaptors and caps, vent or vapor
extractor fittings, vent stack caps, and flex connectors;
(j) The closest distance from any UST system component
to a public water supply well, non-public water supply well, and surface waters
of the state as defined in RSA 485-A:2, XIV;
(k) If any of the required setbacks are not met,
whether a UST system existed a the site or facility prior to February 3, 2005;
(l) The name, company,
mailing address, daytime telephone number including area code, email address, and N.H. P.E. number and
expiration date of the New Hampshire-licensed professional engineer responsible
for the plans and specifications;
(m) The name, company, mailing address, daytime
telephone number including area code, email address, and ICC
certification number and expiration date of the certified UST installer who
will perform the work; and
(n) Any additional information needed to
demonstrate that the installation will meet:
(1) The applicable reference
standards identified in Env-Or 403; and
(2) The testing and system
requirements of Env-Or 405 and Env-Or 406.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 407.03 Application Processing.
(a) Upon receipt of an application, the department
shall determine whether the application is complete, namely whether the
application meets the requirements of Env-Or 407.01.
(b) If the application is complete, the
department shall process the application in accordance with Env-Or 407.04.
(c) Except as provided in (f), below, if the
application is not complete, the department shall notify the applicant in
writing of:
(1) What is missing; and
(2) The deadline for submitting the missing components, established
based on the type and volume of the missing component(s).
(d) Upon notifying an applicant that the
application does not contain everything required by Env-Or 407.01, the
department shall suspend further processing of the application pending receipt
of the information missing from the application.
(e) No portion of the time between the date a
notice is provided pursuant to (c), above, or (f), below, and the date the
applicant responds shall be included in computing the time limit specified in
RSA 146-C:7, I, relative to automatic approval.
(f) The department shall notify the applicant by
telephone in lieu of providing a written notice pursuant to (c), above, if:
(1) The anticipated time
required of the applicant to supply the missing information is less than the
anticipated time required of the department to notify the applicant in writing;
and
(2) The department is able to
contact the applicant by telephone.
(g) If the department provides notice pursuant to
(f), above, the department shall specify in the verbal notice the same
information required by (c)(1)-(2), above.
Source. (See Revision Note #1 at chapter heading for Env-Or
400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or
407.04 Decision on Application.
(a) After initiating
the technical review of a complete application, if the department has questions
about any information submitted as part of the application the department shall
contact the individual identified by the owner in the application as the
contact person using the procedures listed in Env-Or 407.03(c)-(f) and suspend
processing of the application until such questions are answered. No portion of the time between the date a
notice is provided and the date the applicant responds shall be included in
computing the time limit specified in RSA 146-C:7, I, relative to automatic
approval.
(b) As specified in
RSA 146-C:7, I, within 90 days of receipt of a complete application, the
department shall send the owner written notice of approval or disapproval.
(c) The department
shall approve plans that demonstrate compliance with this chapter.
(d) The department
shall include such terms and conditions in the approval as are necessary to
ensure compliance with applicable requirements.
(e) As specified in
RSA 146-C:7, II, an owner shall not cause or allow any construction or other
activity that is not in accordance with the approved plans and all terms and
conditions of the department’s
approval.
(f) An approval
granted for construction or installation of a corrosion prevention system, or a new
or replacement
(g) If construction
pursuant to the approval has not commenced within one year, the approval shall
be void.
(h) If construction
pursuant to the approval has commenced but is not completed within one year,
the owner shall notify the department and request an extension to the
approval. The department shall grant a
one-year extension if:
(1) Any tank(s) and underground piping already installed
have been installed in accordance with the approved plan; and
(2) For any tank(s) and underground piping not
yet installed, the approved plans conform to all then-current applicable
requirements.
(i) If the owner
does not qualify for an extension under (g), above, but still wishes to pursue
the project, the owner shall reapply for approval as specified in Env-Or 407.01
through Env-Or 407.04.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 407.05 Requirements for
(a) A
(b) The certified tank installer also shall:
(1)
Be qualified by the manufacturer of the equipment being installed for every
component of the system; and
(2) Have an understanding of
federal
(c) For any component for which requirements are
not specified by the manufacturer that is not otherwise specified in the
approved plans, including but not limited to aboveground piping system
components, the owner and certified tank installer shall install the component
in accordance with the following, as applicable, all of which are available as
noted in Appendix B:
(1) PEI RP 100, Recommended
Practices for Installation of Underground Liquid Storage Systems;
(2) PEI RP 300, Recommended Practices for Installation and Testing of Vapor-Recovery
Systems at Vehicle-Fueling Sites;
(3) PEI RP 500, Recommended Practices for
Inspection and Maintenance of Motor Fuel Dispensing Equipment;
(4) PEI RP 800, Recommended
Practices for Installation for Installation of Bulk Storage Plants;
(5)
PEI RP 1000, “Recommended
Practices for the Installation of Marina Fueling Systems”;
(6)
PEI RP 1400, “Recommended Practices for the Design and Installation of
Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil
Burner Systems”;
(7) API RP 1615, Installation of Underground Petroleum
Storage Systems; and
(8) API RP 1632, Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems.
(d) Unless the owner obtains a specific exception
or variance from the state fire marshall as provided in RSA 153:4-a, I and any
applicable rules adopted pursuant to RSA 153:5, the owner and certified
installer shall comply with all applicable safety and testing requirements
specified in:
(1) NFPA 30, Flammable and Combustible Liquids Code;
(2)
NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages;
(3)
NFPA 31, Standard for the Installation of Oil-Burning Equipment; and
(4) NFPA 329, Recommended Practice for Handling Releases of Flammable and
Combustible Liquids and Gases.
Source. (See Revision Note #1 at chapter heading for Env-Or
400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or 407.06
(a) All
(b) A
(c) A
(1) The PWS owner agrees to the
work in writing; or
(2) The department determines
that the modified UST system:
a. Would not create any
additional threat to the PWS well; or
b. Would be more protective of groundwater from which the PWS well
draws than the existing UST system.
(d) A
(e) At any new
Table 407-1: Minimum Distance from
Contents of |
Public Water Supply Well |
Non-Public Water Supply
Well |
Gasoline |
at least 500 feet |
at least 250 feet |
All other regulated substances |
at least 400 feet |
at least 75 feet |
(f) At any
(1) A
(2) If a UST system installed on
or after the 2018 effective date of this chapter will contain a regulated
substance not previously stored at the facility, the UST system shall not be
installed closer than the applicable distance specified in table 407-1.
(g) With the exception of marinas and construction
that is subject to Env-Or 407.10 relative to installation of fueling systems
over surface waters, no
(h) Storm water runoff from
(1) Directly discharged to
surface water unless a permit for the discharge is obtained under applicable
state or federal law; or
(2) Discharged below the ground
surface unless a permit is obtained under RSA 485-A:13, I(a) and Env-Wq 402.
(i) Storm water shall not be directed to flow
over any tank pad or dispensing pad.
(j) A UST shall be installed such that it has a
buoyancy safety factor of at least 1.2 during high groundwater conditions.
(k) Regulated substance shall not be used as ballast
for new tank installations.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 407.07 Notification and Inspection; Backfill.
(a) The owner shall not backfill or place into
service, and shall not authorize any other person to backfill or place into
service, a new or substantially modified UST system until after the department has performed an
inspection and determined that the system as installed conforms to the approved
plans and specifications or as-built record drawings, as applicable, as
specified in this section.
(b) To request authorization to place a new or
substantially modified
(c) At least 8 department working hours prior to
an inspection by the department, the owner shall submit to the department a letter prepared and stamped by a New Hampshire licensed professional
engineer (NH PE), stating that the installed
(d) If the NH PE’s inspection
reveals any discrepancies between the system as installed and the approved
plans and specifications, the owner shall submit to the department as-built record drawings prepared and
stamped by a NH PE prior to the backfill inspection conducted by the
department.
(e) If
the department determines, as a result of its inspection, that the
system as installed does not conform to the approved plans and specifications, the owner shall:
(1)
Submit as-built record drawings prepared and stamped by a NH PE to the
department
within 30 days of the department’s inspection; and
(2) Notify the department to
arrange a follow-up inspection.
(f) After the department determines that the
system as installed conforms to the approved plans and specifications or
as-built plans, as applicable, the system may be backfilled but shall not be placed
into service until the owner has submitted:
(1) All information required for
registration specified in Env-Or 404.01(a) and (b);
(2) A stage I/stage II
notification and system test report if and as required by Env-Or 500; and
(3) A statement identifying the
class A and class B operators, as required by RSA 146-C:17.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 407.08 Installation Testing Requirements.
(a) The certified tank installer shall perform a
tightness test of the primary piping,
secondary containment piping, vent piping, containment sumps, and all
spill containment equipment after installation and prior to backfill to determine tightness in
accordance with Env-Or 406.05 through
Env-Or 406.08.
(b) If
no manufacturer’s test requirements are specified for the primary piping
or vent piping, the certified tank installer shall perform the piping pressure
test in accordance with API RP 1615.
(c) Prior to backfilling the system, the
certified tank installer shall:
(1) Certify the results of all
tightness testing performed; and
(2) Provide the certified
results to the department and the owner at the time of the inspection of the
system as specified in Env-Or 407.07.
(d) All line leak detectors shall be tested in
accordance with the manufacturer’s requirements.
(e) The certified tank installer shall:
(1) Certify that:
a. All line leak detectors
passed a functionality test;
b, All overfill devices passed a
functionality test;
c. All spill containment passed
integrity testing;
d. All containment sumps passed
integrity testing;
e. All leak monitoring system
components pass a functionality test; and
f. All motor fuel dispensing
tank systems passed primary containment testing; and
(2) Submit the certified test
results to the department before any regulated substance is dispensed or used
for consumption, as applicable.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 407.09 Requirements For Replacement of
(a) Whenever an existing
(b) For steel USTs, the
owner shall:
(1) Thoroughly inspect the tank
coating; and
(2) Repair any scratches,
gouges, voids, or other discontinuities
found in the coating according to the manufacturer’s requirements prior to
installation.
(c) Whenever an existing
tank is removed prior to the installation of a new tank, all system piping that
does not meet the standards specified in Env-Or 405.02 and Env-Or 405.04 shall
be closed in accordance with Env-Or 408.06 through Env-Or
408.10.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 407.10 Installation of Fueling Systems over Surface
Waters. The following shall apply to
UST systems, including but not limited to all associated piping systems, for
fueling facilities at which fuel is dispensed over surface waters:
(a) All UST systems shall comply
with the following, available as noted in Appendix B:
(1)
NFPA 30, Flammable and Combustible Liquids Code;
(2)
NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages; and
(3) NFPA 303, Marinas and Boatyards;
(b) Piping systems where tanks are at an
elevation that produces a pressure due to gravity at the dispenser shall:
(1) Be equipped with an
anti-siphon device installed adjacent to and downstream from a
manually-operated shutoff valve; and
(2) Have the anti-siphon device
and manual shutoff valve located inside a liquid-tight collection sump at the
tank;
(c) All
sumps shall be liquid-tight and have a
sump sensor;
(d) Piping systems shall:
(1) Have continuous secondary containment and be equipped with
liquid-tight intermediate sumps with sensors at locations where runs of continuous
secondary containment are joined;
(2) Be equipped with flexible
piping with secondary containment between any floating structure and the shore;
(3) Be equipped with a
readily-accessible shutoff valve that is:
a. Located on the shore, as
close to the shoreline as
possible; and
b. Installed adjacent to and
upstream from the flexible piping required by (2), above; and
(4) Be protected from physical
damage;
(e) Dispensing
nozzles shall be automatic closing type without a device that allows the
dispensing nozzle to remain open;
(f) Piping shall not be in contact with surface
water;
(g) Onshore marina dispensers installed on or
after the 2018 effective date of this chapter that are designated for filling
portable containers only shall have a level reinforced-concrete dispensing pad
that:
(1) Is not less than 5 feet wide
by 5 feet long; and
(2) Has positive limiting
barriers that:
a. Have a volume of at least one
gallon; and
b. Are installed as specified in
Env-Or 405.07(b)(1) and (2); and
(h) Onshore marina dispensers that are designated
to fuel boated trailers and other land-based equipment shall be constructed in
accordance with Env-Or 405.07(b).
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
PART Env-Or 408 REPAIR; CLOSURE;
REMOVAL
Env-Or 408.01 Repair of Tanks: Pre-Repair
Considerations and Requirements.
(a)
A liner shall not be installed to repair a
(b)
If a tank is to be lined following a repair, the owner shall:
(1) Cause a tightness test to be completed on the
tank prior to lining the tank to confirm the success of the repair; and
(2) Not line the tank or use the tank unless the
tank passes the tightness test.
(c)
A
(d)
Within 30 days prior to a proposed repair to a
(1) Conduct
a tightness test on the
(2) Conduct an assessment in accordance with
Env-Or 408.08 to ensure that the tank is sound and free of corrosion and other
holes or fractures that potentially could cause leaks or releases.
(e)
If the
(1)
Provide a
report to the department regarding the procedures on how the repair will be
accomplished;
(2) Provide documentation from the tank manufacturer
authorizing the repair; and
(3) Provide the name, daytime telephone number
including area code, and certification number and expiration date of the
certified tank installer who will perform the repair.
(f)
Repairs shall be conducted and tested in accordance with applicable
provisions of the following, available as noted in Appendix B:
(1) FTPI RP T-95-02, “Remanufacturing of
Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks;” and
(2) PEI RP 100, “Recommended Practices for
Installation of Underground Liquid Storage Systems.”
(g) Repairs to composite tanks shall be conducted
in accordance with industry codes of practice developed by a nationally-recognized
association.
(h) Repairs to steel tanks shall be conducted in accordance with industry codes
of practice developed by a nationally-recognized
association.
(i) The owner shall
obtain approval as specified in Env-Or 407.01 through Env-Or 407.04 prior to
installing a manway on a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 408.02 Repair of Tanks: Post-Repair
Requirements.
(a)
Following repairs to the tank and prior to adding regulated substance,
the owner shall submit to the department a report that includes:
(1) An explanation of the cause and location of the
failure;
(2) A description of the procedure that was
followed to return the interstitial space to its original operating condition;
(3) Documentation from the tank manufacturer
certifying the repair; and
(4) The name and daytime telephone number
including area code of the certified tank installer who performed the repair.
(b)
Within 30 days of the repair and prior to adding regulated substance,
the tank shall be tightness tested in accordance with Env-Or 406.05 through
Env-Or 406.08.
(c)
The owner shall submit all reports and documents describing the types of
the tests, contractor, date, materials, all technical testing data and any
other information pertinent to the work performed, as required by (b), above,
to the department no later than 30 day after the test.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 408.03 Repair and Replacement of Underground Piping, Containment Sumps,
and Spill Containment.
(a) Prior to replacing
underground piping or containment sumps, the owner shall obtain an approval in
accordance with Env-Or 407.01 through Env-Or 407.04.
(b) Prior to
repairing underground piping or containment sumps, the owner shall submit the following to the department:
(1) The name and daytime telephone number
including area code of the certified tank installer who will perform the
repair;
(2) The results of testing performed in
accordance with Env-Or 406.05 through Env-Or 406.08; and
(3) One of the following, as applicable:
a. Written approval from the piping or piping
system component manufacturer allowing the repair; or
b. The aftermarket repair product manufacturer’s
information legitimizing the product use.
(c) As soon as the repairs
are made to piping or containment sumps, the certified tank installer shall
test the piping or containment sump, including all connections to the piping or
sumps, as applicable, in accordance with Env-Or 406.05 through Env-Or 406.08.
(d) The owner may
replace spill containment without first obtaining approval in accordance with
Env-Or 407.01 through Env-Or 407.04, but shall comply with (e) through (g),
below.
(e) The excavation zone where the spill containment being
replaced was located shall be screened in the field for the presence of
contamination by:
(1) Visual and
olfactory observation; or
(2) Headspace analysis performed with equipment such
as a portable organic vapor meter (OVM) or portable gas chromatograph (GC).
(f) As soon as any
spill containment equipment is replaced and prior to filling the tank, the
spill containment shall be tested in accordance with Env-Or 406.05 through
Env-Or 406.08.
(g) No later than 30
days after the date of the repair to the piping or containment sump, and no
later than 30 days after the replacement of spill containment, the owner shall
submit to the department a
written report that contains the following:
(1) A narrative description
of the cause of the failure, the work performed, and any other procedures used
to repair the piping or containment sumps back to original condition or to
replace the spill containment;
(2) The name, certification number, and daytime
telephone number including area code of the certified tank installer who
performed the repair or replacement, as applicable;
(3) The date of the repair or replacement, as
applicable; and
(4) The results of the tightness test performed
to confirm the effectiveness of the repair or replacement, as applicable.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 408.04 Temporary
Closure.
(a) Temporary
closure of a
(1) Removing all regulated substances from the system so that no more than one inch of residue remains in the tank; and
(2) Equipping each opening or access point, such as fill risers,
with a lock to secure against unauthorized use or tampering.
(b) All removed
substances shall be handled and disposed of in accordance with applicable
local, state, and federal requirements.
(c) The owner of a
temporarily closed system shall comply with the cathodic protection
requirements specified in Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10.
(d) Within 30 days
of meeting the above requirements for temporary closure of a
(e) Any portion of a
(1) Reactivated as specified in (f), below;
(2) Allowed to remain in temporary closure
provided the conditions specified in (g), below, are met; or
(3) Permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10.
(f) A
(1) Env-Or 404.01 relative to registration;
(2) Env-Or 404.06 relative to permit to operate;
(3) Env-Or 404.12 relative to financial
responsibility;
(4) Env-Or 405.05, Env-Or 405.06,
Env-Or 406.11, and Env-Or 406.12 relative to spill containment and overfill
prevention;
(5) Env-Or 405.08, Env-Or 405.09, Env-Or 406.05
through Env-Or 406.08, Env-Or 406.09, and Env-Or 406.13 relative to leak
monitoring systems and tightness testing;
(6) Env-Or 405.12, Env-Or 405.13, and Env-Or
406.10 relative to cathodic protection;
(7) Env-Or 500 relative to stage I/stage II
system requirements; and
(8) Env-Or 406.17 relative to primary containment
testing.
(g)
A
(1) Env-Or 404.01 relative to registration;
(2) Env-Or 404.06 relative to permit to operate;
(3) Env-Or 404.12 relative to financial
responsibility;
(4) Env-Or 405.05, Env-Or
405.06, Env-Or 406.11, and Env-Or 406.12 relative to spill containment and overfill
prevention;
(5) Env-Or 405.08, Env-Or 405.09, Env-Or 406.05
through Env-Or 406.08, and Env-Or 406.13 relative to leak monitoring systems
and tightness testing;
(6) Env-Or 405.12, Env-Or 405.13, and Env-Or
406.10 relative to cathodic protection; and
(7) Env-Or 500 relative to stage I/stage II
system requirements, except that regulated substance need not be added in order
to conduct a pressure decay test otherwise required by Env-Or 504 or Env-Or
505.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or 408.05 Permanent Closure Required.
(a) With the exception of vent piping, all regulated metal
(b) All hazardous
substance
(c)
With the exception of vent piping, any part of an existing single wall
(d)
When an existing, previously
unknown,
(1) Register
the facility in accordance with Env-Or 404.01 within 30 days of discovering the
facility; and
(2) Close the
tank system in accordance with Env-Or 408.06 through Env-Or 408.10 within 60
days of registration.
(e)
When an existing, previously registered UST system that is subject to this
chapter but is not covered by (a) through (d), above, and has not been
permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10, the
owner shall close the tank system in accordance with Env-Or 408.06 through
Env-Or 408.10 within 60 days of determining that the system has not been
closed.
(f) The owner of any UST system that has been
red-tagged in accordance with RSA 146-C:15 shall bring the system into
compliance with all applicable requirements or permanently close the system
within one year of the date the red tag was placed.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
408.06 Permanent Closure:
Notification and Supervision Required.
(a) The owner shall notify the department
at least 14 days prior to any
(1) The name,
mailing address, daytime telephone number including area code, and email address,
if any, of the individual submitting the notification;
(2) Information
about the facility where the closure is to occur, as follows:
a. Department
site number;
b. Facility
identification number; and
c. Facility
name and physical address, including town or city;
(3) The name,
mailing address, daytime telephone number including area code, and email
address, if any, of the owner of the facility; and
(4) For each
tank affected by the closure, the following information:
a. Tank number;
b. Tank size;
c. Regulated
substance contained by tank;
d. Whether the
tank or piping is suspected of leaking;
e. Whether only
the piping is being closed;
f. Whether the
tank will be removed or filled in place; and
g. Whether the
tank will be replaced underground;
(5) The name
and certificate number of the certified tank remover;
(6) The date
the local fire department was notified of the closure; and
(7) The
scheduled closure date.
(b) The closure of any part of a
(c) The certified tank remover shall:
(1) Be present
on site during all removal activities; and
(2) Comply with
applicable safety, testing, sampling, and reporting requirements such as described in the following American
Petroleum Institute publications, available as noted in Appendix B:
a. API RP 1604, Closure of Underground Petroleum
Storage Tanks;
b. API RP 1631, Interior Lining and Periodic
Inspection of Underground Storage Tanks; and
c. API
Source. (See Revision Note #1 at chapter heading for Env-Or
400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at
chapter heading for Env-Or 400)
Env-Or
408.07 Procedures for Permanent
Closure. To permanently close a
(a) Remove all liquid and sludge from the system;
(b) Clean the system;
(c) Dispose of all liquid, sludge, and used
cleaning materials in accordance with applicable state and federal rules;
(d) After all regulated substances have been
removed from the system:
(1) Disconnect
and remove all piping system components, including secondary piping; or
(2) If all
piping system components cannot be completely removed, remove the piping system
components to the greatest extent possible, test the remaining portions for
tightness, and permanently cap or plug the piping;
(e) Test the tank for hazardous or explosive
vapor, and remove or render such vapors inert;
(f) Remove the
(1) Removing the system would undermine the integrity
of any overlying structure or compromise the structural integrity of an
adjacent
(2) Plans have
been approved pursuant to Env-Or 407.01 through Env-Or 407.04 to install a
field-erected tank within the permanently-closed tank; or
(3) For piping
secondary containment, plans have been approved pursuant to Env-Or 407.01
through Env-Or 407.04 to install replacement piping within the existing
secondary piping and the secondary piping passes a tightness test;
(g) Perform a site assessment in the area of the
tank and piping as specified in Env-Or 408.08 to determine whether any
contamination is present; and
(h) For any
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
408.08 Permanent Closure: Site Assessment. The site assessment required by Env-Or 408.07(g) shall be
conducted in accordance with Env-Or 600 and the following:
(a) Test pits shall be excavated in the immediate
vicinity of the tank and piping to a depth as close to the bottom of the tank
and piping as possible;
(b) Representative samples of soil and, when
encountered, groundwater, shall be obtained from:
(1) The test
pits;
(2) The
excavation zone resulting from the removal of the UST and the piping, for USTs
and piping that are removed;
(3)
Representative locations adjacent to and beneath the
(4) Locations
adjacent to the system’s piping that could not be removed, unless the piping
passes a tightness test pursuant to Env-Or 408.07(d)(2), including;
a. At multiple
locations along the piping run, separated by no more than 10 feet; and
b. At piping
connections, bends, and joints.
(c) If soil that
normally would remain in or be returned to the excavation is removed from the
site by the owner as a presumptive remedy during tank closure activities,
additional samples shall be taken from beneath the excavated area;
(d) The excavation zone where the
(e) Soil samples shall be collected for
laboratory analysis as follows:
(1) If field
screening does not indicate a release, a minimum of one composite soil sample
comprised of at least 5 discrete grab samples shall be collected from
representative locations immediately beneath and adjacent to each tank and
piping system; and
(2) If field
screening or physical observations, or both, indicate a potential release, a
minimum of 2 discrete soil samples shall be collected from representative
locations immediately beneath and adjacent to each closed tank or piping system
with the highest observed contamination;
(f) If field screening or physical observations,
or both, indicate a potential release and the facility is served by a water
supply well, a water supply well sample shall be collected prior to any
treatment system for laboratory analysis.
(g) Each sample taken shall be analyzed for
constituents of the regulated substance stored in the system by a laboratory
certified under Env-C 300 for those constituents; and
(h) If soil or groundwater contamination from a
regulated substance is detected by observation or analysis during closure of a
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
408.09 Permanent Closure: Inspection
Required.
(a) The owner shall not backfill the excavation
zone or remove the
(1) The soil and groundwater in the vicinity of
the
(2) The
(b) If the department has been notified of the closure
date and is unable to inspect the site within 7 department business days
of that date, the department shall grant permission for a consultant or other
person knowledgeable in site assessments for contamination to inspect the site.
(c) If permission is granted pursuant to (b),
above, the individual inspecting the site shall:
(1) Conduct the
inspection specified in (a)(1) and (2), above; and
(2) Submit a
report to the department within 30 days of such inspection.
(d) The report required by (c), above, shall
contain a detailed account of the inspection, specifically including whether
any evidence of soil and groundwater contamination or corrosion and leakage was
observed.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
408.10 Permanent Closure: Closure
Report; Recordkeeping.
(a) The owner shall submit a closure report to
the department within 30 days
of the samples being taken.
(b) The report required by (a), above, shall
include:
(1) A narrative
description of the site and personnel involved, as follows:
a. The department
site number and UST facility number;
b. The name,
mailing address, daytime telephone number including area code, and email address of the site owner and of a contact person for the
facility; and
c. The name and
affiliation of each individual on-site during the closure activities, and, for
each certified closure contractor who performed the work, the certification
number and certification expiration date;
(2) The closure
notification as required by Env-Or 408.06;
(3) A summary
of field screening sampling results;
(4) A detailed
description of the visual inspection of each removed or closed-in-place tank
and associated piping, leak detection, and containment systems;
(5) Subsurface information obtained during excavation
activities, including soil descriptions, sample locations, and depth of
groundwater and bedrock, if encountered;
(6)
Representative color photographs of closure activities that are labeled
to identify what each photo shows;
(7) One or more
tables that summarize laboratory analytical data for chemicals that exceed
regulatory limits defined by Env-Or 606.19, Soil Remediation Criteria, and, if
applicable, Env-Or 603.03, Ambient Groundwater Quality Standards;
(8) Analytical
laboratory data, including test results, chain of custody forms, holding times,
and any other information needed to explain the results and any anomalies in
the data;
(9) Manifests
and disposal records for all materials generated and disposed of in accordance
with Env-Or 408.07(c);
(10) A plan or
sketch of the site that includes the following:
a. A title, a
legend, and a true North arrow;
b. A graphic
scale bar or site measurements;
c. The location of prominent site features, including
but not limited to site buildings, discharge locations, property boundaries,
tank system components, and piping locations;
d. Field
screening sample collection locations and laboratory sample collection
locations with a unique identifier for each;
e. Locations of
any water supply wells, monitoring wells, drainage swales, surface water
bodies, or wetlands adjacent to the property; and
f. The limits
of the tank and piping excavated areas; and
(11) A summary
of findings.
(c) The
owner shall retain all documents pertaining to the closure of the
(d) If the owner transfers ownership of the
facility during the 3-year document retention period, whether by sale, gift, or
any other mechanism, the transferor shall provide all retained documents to the
transferee at the time of transfer.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
408.11 Limitations on Re-Use of Tanks.
(a) As specified in RSA 146-C:8:
(1) USTs that have been removed and do not meet the
requirements of Env-Or 405.01 shall not be reinstalled for the purpose of
storing regulated substances; and
(2) Any tank that has been used for any regulated
substance shall not be reused to store food products.
(b) A tank that has
been used to store any regulated substance also shall not be reused to store
water.
(c) A tank shall be
reinstalled for regulated substance storage only if:
(1) As specified in RSA 146-C:8, it is:
a. Thoroughly cleaned and inspected, both internally
and externally;
b. As a result of such cleaning and inspecting,
found to be structurally sound and free of pinholes, cracks, structural damage,
or corrosion; and
c. Reinstalled in accordance with all applicable
requirements of this chapter; and
(2) Recertified by the tank manufacturer as
meeting tank standards for new
(d) A tank shall not be reused as an aboveground
storage tank.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
PART Env-Or 409 WAIVERS
Env-Or 409.01 Applicability. An
owner who
wishes to obtain a waiver from any rule in this
chapter shall request
a waiver as
specified in Env-Or 409.02.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2
at chapter heading for Env-Or 400)
Env-Or 409.02 Waiver
Requests.
(a) To request a waiver, the owner
shall submit the following in writing to the department:
(1) The name, mailing address, and daytime
telephone number including
area code of the
owner and, if available, a fax number and e-mail address for the owner;
(2) The name, physical address, and registration number of the facility;
(3) The specific rule, by section and paragraph,
for which a waiver is being sought;
(4) A full explanation of
why a waiver is being requested, including an explanation of
the economic and operational consequences of complying with the rule as written;
(5) Whether the need for the waiver is temporary,
and if so, the estimated length of time that the waiver will be needed;
(6) If applicable, a complete explanation of the
alternative that
is proposed to be substituted for the requirement in the rule, including
written documentation or data, or both, to support the alternative; and
(7) A complete explanation of why the requestor believes that having the waiver
granted will meet the criteria in Env-Or 409.03.
(b) The owner shall sign and date the request.
(c) The owner’s signature shall constitute
certification that:
(1) The
information provided is true, complete, and not misleading to the knowledge and
belief of the signer; and
(2) The
signer understands that:
a. The
submission of false, incomplete, or misleading information constitutes grounds
for the department to:
1. Deny the request;
2. Revoke
any waiver that is granted based on the information;
3. If the
signer is a professional engineer, refer the matter to the board of
professional engineers established by RSA 310-A:3; or
4. Undertake
any combination of 1. through 3., above; and
b. The
signer is subject to the penalties specified in New Hampshire law for
falsification in official matters, currently RSA 641.
(d)
The department shall transmit a copy of each waiver request filed in compliance
with (a) and (b), above, to EPA within 5 working days of its receipt.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
409.03 Waiver Criteria.
(a) Subject
to (b) through (d), below, the department shall
grant a waiver if:
(1) Granting a waiver will not result in an
adverse impact on the environment, public health, or public safety that is more
significant than that which would result from complying with the rule; and
(2) One or more of the following conditions is
satisfied:
a. Granting a waiver is consistent with the intent
and purpose of the rule being waived; or
b. Any benefit to the public
or the environment is outweighed by the economic and operational consequences
of strict compliance with the rule.
(b) No waiver shall be granted if the effect of the waiver
would be to waive or modify any state statute, unless a waiver is expressly
allowed by the statute that would be waived.
(c) No waiver shall be granted if the effect of the waiver would
be to waive or modify any federal requirement, unless the federal statute or regulation that
establishes the requirement allows for waivers and EPA does not object to the
waiver being granted.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Env-Or
409.04 Decision on Waiver Requests;
Conditions.
(a) The
department shall notify the requestor of the decision in
writing within
30 days of receipt of a request that meets the requirements of Env-Or 409.02.
(b) If the request is denied, the department
shall identify the specific reason(s) for the denial.
(c) The department shall include such conditions
in a waiver as are necessary to ensure that the criteria of Env-Or 409.03 will
be met.
(d) If the need for a waiver is temporary, the
waiver shall specify the date on which it will expire.
Source. (See Revision Note #1 at chapter heading for
Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note
#2 at chapter heading for Env-Or 400)
Appendix A: State Statutes and Federal
Statutes/Regulations Implemented
Rule Section(s) |
State Statute(s) Implemented |
Federal Statutes/Regulations Implemented |
Env-Or 400 (also see
specific parts/sections listed below) |
RSA 146-C |
42 U.S.C. Chapter 82,
Subchapter IX; |
Env-Or 404.01 - 404.02 |
RSA 146-C:3 |
42 U.S.C. 6991a(c); 40 |
Env-Or 404.03 |
RSA 146-C:3 |
40 CFR 280.22 |
Env-Or 404.04 - 404.05 |
RSA 146-C:3 |
42 U.S.C. 6991a(c); 40 |
Env-Or 404.06 - 404.08 |
RSA 146-C:4, I |
|
Env-Or 404.09 |
RSA 146-C:5, I & II |
40 |
Env-Or 404.10 |
RSA 146-C:6 |
|
Env-Or 404.11 |
RSA 146-C:4, I |
|
Env-Or 404.12 |
RSA 146-C:3, I(e); |
42 U.S.C. 6991b(d); |
Env-Or 404.13 |
RSA 146-C:11, I |
42 U.S.C. 6991b(h)(6)(C)i |
Env-Or 405.01 - 405.04 |
RSA 146-C:2 |
40 |
Env-Or 405.05 - 405.09 |
RSA 146-C:2 |
40 |
Env-Or 405.10 - 405.11 |
RSA 146-C:2 |
40 |
Env-Or 406.01 |
RSA 146-C:2 |
40 |
Env-Or 406.02 |
RSA 146-C:2 |
40 |
Env-Or 406.03 |
RSA 146-C:2; RSA 146-C:3; |
40 |
Env-Or 406.04 |
RSA 146-C:2 |
40 |
Env-Or 406.05 - 406.07 |
RSA 146-C:2 |
40 |
Env-Or 406.08 - 406.16 |
RSA 146-C:2 |
40 |
Env-Or 406.17 |
RSA 146-C:2 |
|
Env-Or 406.18 - 406.19 |
RSA 146-C:5 |
40 CFR 280.31, .40 |
Env-Or 407.01 - 407.10 |
RSA 146-C:7, I |
42 U.S.C. 6991a(i)(2)(B);
40 |
Env-Or 408.01 - 408.03 |
RSA 146-C:7, I |
40 |
Env-Or 408.04 - 408.10 |
RSA 146-C:2 |
42 U.S.C. 6991a(c)(5); 40 |
Env-Or 408.11 |
RSA 146-C:8 |
|
Env-Or 409 |
RSA 541-A:22, IV |
|
Appendix B:
Incorporation by Reference Information
Rule |
Title
(Date) |
Obtain
at: |
Env-Or 403.02(a) Env-Or 408.06(c)(2)a. |
RP 1604, Closure of Underground Petroleum Storage
Tanks (1996) |
American Petroleum Institute 1220 L Street, NW Washington, DC 20005-4070 (202) 682-8000 |
Env-Or 403.02(b) Env-Or 407.05(c)(7) Env-Or 407.08(b) |
RP 1615, Installation of Underground Petroleum
Storage Systems (2011) |
|
Env-Or 403.02(c) Env-Or 408.06(c)(2)b. |
RP 1631, Interior Lining and Periodic Inspection of
Underground Storage Tanks (2001) |
|
Env-Or 403.02(d) Env-Or 407.05(c)(8) |
RP 1632, Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems (1996) |
|
Env-Or 403.02(e) Env-Or 408.06(c)(2)c. |
|
|
Env-Or 403.03(a) Env-Or 405.02(h)(1) |
ASME B31.3, Process Piping (2010) |
ASME International P.O. Box 2900 Fairfield, NJ 07007-2900 (800) 843-2763 |
Env-Or 403.03(b) Env-Or 405.02(h)(2) |
ASME B31.4, Pipeline Transportation Systems for
Liquid Hydrocarbons and Other Liquids (2009) |
|
Env-Or 403.04(a) Env-Or 408.01(f)(1) |
Recommended Practice T-95-02, Remanufacturing of
Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks (1995) |
Fiberglass Tank and Pipe Institute 8252 S. Harvard Avenue, Suite 102, Tulsa, OK 74137, (918) 809-6292 |
Env-Or 403.05(a) Env-Or 405.10(b)(3) |
SP0285-2011, Corrosion Control of Underground
Storage Tank Systems by Cathodic Protection (2011) |
NACE International 1440 South Creek Drive Houston, TX 77084-4906 (281) 228-6223 |
Env-Or 403.06(a)(1) Env-Or 405.12(a)(3) Env-Or 407.05(d)(1) Env-Or 407.10(a)(1) |
NFPA 30, Flammable and Combustible Liquids Code (As
specified in State Fire Code) |
National Fire Protection Association (800) 344-3555 |
Env-Or 403.06(a)(2) Env-Or 407.05(d)(2) Env-Or 407.10(a)(2) |
NFPA 30A, Motor Fuel Dispensing Facilities and
Repair Garages (As specified in State Fire Code) |
|
Env-Or 403.06(a)(3) Env-Or 407.05(d)(3) |
NFPA 31, Standard for the Installation of
Oil-Burning Equipment (As specified in State Fire Code) |
|
Env-Or 403.06(a)(4) |
NFPA 37, Standard for the Installation and Use of
Stationary Combustion Engines and gas Turbines (As specified in State Fire
Code) |
|
Env-Or 403.06(a)(5) |
NFPA 70, National Electrical Code (As specified in
State Fire Code) |
|
Env-Or 403.06(a)(6) |
NFPA 110, Standard for the Emergency and Standby
Power Systems (As specified in State Fire Code) |
|
Env-Or 403.06(a)(7) Env-Or 407.10(a)(3) |
NFPA 303, Marinas and Boatyards (As specified in
State Fire Code) |
|
Env-Or 403.06(a)(8) Env-Or 407.05(d)(4) |
NFPA 329, Recommended Practice for Handling Releases
of Flammable and Combustible Liquids and Gases (2015) |
|
Env-Or 403.07(a) Env-Or 407.05(c)(1) Env-Or 408.01(f)(2) |
RP 100, Recommended
Practices for Installation of Underground Liquid Storage Systems (2017) |
Petroleum Equipment Institute (918) 494-9696 |
Env-Or 403.07(b) Env-Or 407.05(c)(2) |
RP 300,
Recommended Practices for Installation and Testing of Vapor-Recovery Systems
at Vehicle-Fueling Sites (2009) |
|
Env-Or 403.07(c) Env-Or 407.05(c)(3) |
RP 500, Recommended Practices for Inspection and
Maintenance of Motor Fuel Dispensing Equipment (2011) |
|
Env-Or 403.07(d) |
RP 700, Recommended Practices for Design and Maintenance
of Fluid Distribution systems at Vehicle maintenance Facilities (2014) |
|
Env-Or 403.07(e) |
RP 800,
Recommended Practices for Installation of Bulk Storage Plants (2008) |
|
Env-Or 403.07(f) |
RP 900, Recommended Practices for Inspection and
maintenance of UST Systems (2017) |
|
Env-Or 403.07(g) Env-Or 407.05(c)(5) |
RP 1000, Recommended Practices for the Installation
of Marina Fueling Systems (2014) |
|
Env-Or 403.07(h) Env-Or 406.05(d)(1) |
RP 1200, Recommended Practices for the Testing and
Verification of Spill, Overfill, Leak Detection and Secondary Containment
Equipment at |
|
Env-Or 403.07(i) |
RP 1300, Recommended Practices for the Design,
Installation, Service, repair and maintenance of Aviation Fueling Systems
(2013) |
|
Env-Or 403.07(j) Env-Or 407.05(c)(6) |
RP 1400, Recommended Practices for the Design and
Installation of Fueling Systems for Emergency Generators, Stationary Diesel
Engines and Oil Burner Systems (2014) |
Appendix C: Statutory Definitions
RSA
146-A:2:
RSA
146-C:1:
II. “Discharge” means the release or
addition of any oil or hazardous substance to land, groundwater or surface
water.
IV. “Existing facility” means a facility the
construction or installation of which began prior to
V. “Facility” means an assemblage of tanks,
pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or
in any combination, which are used or designed to be used for the storage,
transmission, or dispensing of oil or a hazardous substance, and which are
within the size, capacity, and other specifications prescribed by rules adopted
by the department pursuant to RSA 146-C:9, VI.
X. “New facility” means a facility the
construction or installation of which begins on or after
XII. “Oil” means “oil” as defined in RSA
146-A:2.
XIII. “Operator” means the person who has
responsibility for the care, custody, and control of the daily operation of a
facility.
XIII-a. “Class A operator” means the
individual or individuals designated by the owner to have primary statutory and
regulatory responsibility for the operation and maintenance of the facility.
The “class A operator” may hold more than one class of operator position.
XIII-b. “Class B operator” means the
individual or individuals designated by the owner to implement applicable
regulatory requirements and implement the daily aspects of the operation,
maintenance, and recordkeeping for the facility. The "class B operator''
may hold more than one class of operator position.
XIII-c. “Class C operator” means the
individual or individuals designated by the owner to have primary
responsibility for responding to alarms, emergencies presented by spills or
releases, and other problems associated with the operation of the facility. The
"class C operator'' may hold more than one class of operator position.
XIV. “Owner” means the person in possession
of or having legal ownership of a facility. In addition, for facilities no
longer in use, "owner'' includes the person having had legal ownership of
such facility immediately prior to discontinuance of its use.
XIV-a. “Person” means any individual, trust,
firm, joint stock company, corporation (including a government corporation),
partnership, association, state and agencies thereof, municipality, commission,
political subdivision of a state, interstate body, consortium, joint venture,
commercial entity, the United States government and agencies thereof, and any
other legal entity.
XV. “Residential building” means any house,
apartment, trailer, manufactured housing, or other structure occupied by
individuals as a domicile.
XVI. “Substantial modification” means the
construction or installation of any addition to a facility or any restoration
or renovation of a facility which: increases or decreases the on-site storage
capacity of the facility; significantly alters the physical configuration of
the facility; or impairs or improves the physical integrity of the facility or
its monitoring systems. On-site
abandonment is specifically excluded as a “substantial modification” of a
facility.
XVIII. “Underground storage facility” means
a facility or facility component that is 10 percent or more below the surface
of the ground and is not fully visible for inspection.
RSA
485:1-a:
XV. “Public water system” means a system for the provision to the public of
piped water for human consumption, if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year. Such term includes (1) any collection,
treatment, storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system, and (2) any
collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system. Any water system which meets all
of the following conditions is not a public water system: (a) Consists only of distribution and storage
facilities (and does not have any collection and treatment facilities); (b) Obtains all of its water from, but is not
owned or operated by, a public water system; and (c) Does not sell water to any
person.
RSA
485-A:2:
XIV. “Surface waters of the state” means
perennial and seasonal streams, lakes, ponds, and tidal waters within the
jurisdiction of the state, including all streams, lakes, or ponds bordering on
the state, marshes, water courses, and other bodies of water, natural or
artificial.
Appendix D: Excerpts from RSA 146-C
RSA 146-C:3
Registration of Underground Storage Facilities.
I. The owner of each existing underground storage facility
shall register the facility with the department on forms provided by the
department and shall provide the following information:
(a) Facility name, location, and mailing address.
(b) Owner's name, mailing address, and telephone
number.
(c) Contact person for this facility.
(d) Tank information: the size, age, type of tank
material, location (on-site), and product stored.
(e) Demonstration of financial responsibility
pursuant to rules adopted under RSA 146-C:9,
II. The owner of each existing underground storage facility
shall register the facility with the department on forms provided by the
department, and shall provide the following information to the extent that it
may reasonably be available to the owner:
(a) Results of previous tank testings conducted
in accordance with department rules, including documentation of test results.
(b) All previous owners and lessees with names
and current addresses.
(c) A detailed description of the facility; the
size of tanks (physical dimensions), number of fill boxes, number and type of
fittings attached to tanks, complete description of underground piping system,
type of cathodic protection, date each tank was manufactured, installed,
relined, and inspected, and tank manufacturer, and the date and results of the
latest tightness test of all underground tanks.
(d) The estimated life expectancy of all inground
tanks and appurtenances.
(e) Description and date of past discharges or
disposal, remedial actions, ground and surface water monitoring results, and
closure plans.
(f) Detailed site plan and layout.
(g) Existing groundwater protection monitoring
programs, if any.
IV. The registration
required under this section shall be maintained for the life of the facility. A
registration need not be maintained if the department has received written
notice that the registered underground storage facility has been closed by
approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i).
Any notice of closure shall include the date of such closure.
V. The department
shall forward information compiled under this section to the federal
Environmental Protection Agency pursuant to 42 U.S.C. 6991a(c).
RSA 146-C:4
Underground Storage Facility Permit Required.
I. No person shall
own or operate an underground storage facility in this state without a permit
issued by the department. The permit to operate may be revoked in accordance
with RSA 541-A:30 for just cause, including, but not limited to, the operation
or ownership of an underground storage facility in violation of the
department's rules. The revocation shall not take effect until the owner or
operator has had an opportunity to be heard by the council, provided such
request is made within 20 days of the issuance of the department's decision to
revoke the permit. Appeal of a decision revoking a permit to operate shall be
governed by RSA 21-O:14. Any appeal brought pursuant to RSA 541 shall not stay
a decision by the council which affirms the department's revocation of a
permit.
II. The department
shall issue or deny a permit to all facilities registered under RSA 146-C:3
within 90 days of the receipt of the complete registration information. A
permit issued under this section shall be displayed on the premises of the
underground storage facility at all times.
Appendix E: 40
§280.12 Definitions.
Regulated substance means:
(1)
Any substance defined in section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not
including any substance regulated as a hazardous waste under subtitle C); and
(2)
Petroleum, including crude oil or any fraction thereof that is liquid at
standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute). The term regulated substance includes but is
not limited to petroleum and petroleum-based substances comprised of a complex
blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils,
residual fuel oils, lubricants, petroleum solvents, and used oils.
§ 280.20 Performance standards for new UST systems.
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
owners and operators of new UST systems must meet the following requirements.
In addition, except for suction piping that meets the requirements of
§280.41(b)(1)(ii)(A) through (E), tanks and piping installed or replaced after
April 11, 2016 must be secondarily contained and use interstitial monitoring in
accordance with §280.43(g). Secondary containment must be able to contain
regulated substances leaked from the primary containment until they are
detected and removed and prevent the release of regulated substances to the
environment at any time during the operational life of the UST system. For
cases where the piping is considered to be replaced, the entire piping run must
be secondarily contained.
(a)
Tanks. Each tank must be properly designed and constructed, and any
portion underground that routinely contains product must be protected from
corrosion, in accordance with a code of practice developed by a nationally
recognized association or independent testing laboratory as specified below:
(1) The tank is constructed of
fiberglass-reinforced plastic; or
Note to paragraph (a)(1). The following codes
of practice may be used to comply with paragraph (a)(1) of this section:
(A)
Underwriters Laboratories Standard 1316, “Glass-Fiber-Reinforced Plastic
Underground Storage Tanks for Petroleum Products, Alcohols, and
Alcohol-Gasoline Mixtures”; or
(B)
Underwriter's Laboratories of Canada S615, “Standard for Reinforced
Plastic Underground Tanks for Flammable and Combustible Liquids”.
(2) The tank is constructed of steel 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 §280.31(c); and
(iv) Cathodic protection systems are operated and
maintained in accordance with §280.31 or according to guidelines established by
the implementing agency; or
Note to paragraph (a)(2). The following codes
of practice may be used to comply with paragraph (a)(2) of this section:
(A)
Steel Tank Institute “Specification STI-P3® Specification and Manual for
External Corrosion Protection of Underground Steel Storage Tanks”;
(B)
Underwriters Laboratories Standard 1746, “External Corrosion Protection
Systems for Steel Underground Storage Tanks”;
(C)
Underwriters Laboratories of Canada S603, “Standard for Steel
Underground Tanks for Flammable and Combustible Liquids,” and S603.1, “Standard
for External Corrosion Protection Systems for Steel Underground Tanks for
Flammable and Combustible Liquids,” and S631, “Standard for Isolating Bushings
for Steel Underground Tanks Protected with External Corrosion Protection
Systems”;
(D)
Steel Tank Institute Standard F841, “Standard for Dual Wall Underground
Steel Storage Tanks”; or
(E)
NACE International Standard Practice SP 0285, “External Corrosion
Control of Underground Storage Tank Systems by Cathodic Protection,” and
Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks
for Flammable and Combustible Liquids”.
(3) The tank is constructed of steel and clad or
jacketed with a non-corrodible material; or
Note to paragraph (a)(3). The following codes
of practice may be used to comply with paragraph (a)(3) of this section:
(A)
Underwriters Laboratories Standard 1746, “External Corrosion Protection
Systems for Steel Underground Storage Tanks”;
(B)
Steel Tank Institute ACT-100® Specification F894, “Specification for
External Corrosion Protection of FRP Composite Steel Underground Storage
Tanks”;
(C)
Steel Tank Institute ACT-100-U® Specification F961, “Specification for
External Corrosion Protection of Composite Steel Underground Storage Tanks”; or
(D)
Steel Tank Institute Specification F922, “Steel Tank Institute
Specification for Permatank®”.
(4) The tank is constructed of metal without
additional corrosion protection measures provided that:
(i) The tank is installed at a site that is
determined by a corrosion expert not to be corrosive enough to cause it 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 paragraph (a)(4)(i) of this
section for the remaining life of the tank; or
(5) The tank construction and corrosion
protection are determined by the implementing agency 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 paragraphs
(a)(1) through (4) of this section.
(b)
Piping. The piping that routinely contains regulated substances and is
in contact with the ground must be properly designed, constructed, and
protected from corrosion in accordance with a code of practice developed by a
nationally recognized association or independent testing laboratory as
specified below.
(1) The piping is constructed of a non-corrodible
material; or
Note to paragraph (b)(1). The following codes
of practice may be used to comply with paragraph (b)(1) of this section:
(A)
Underwriters Laboratories Standard 971, “Nonmetallic Underground Piping
for Flammable Liquids”; or
(B)
Underwriters Laboratories of Canada Standard S660, “Standard for
Nonmetallic Underground Piping for Flammable and Combustible Liquids”.
(2) The piping is constructed of steel 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 §280.31(c); and
(iv) Cathodic protection systems are operated and
maintained in accordance with §280.31 or guidelines established by the
implementing agency; or
Note to paragraph (b)(2). The following codes
of practice may be used to comply with paragraph (b)(2) of this section:
(A) American Petroleum Institute Recommended
Practice 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and
Piping Systems”;
(B)
Underwriters Laboratories Subject 971A, “Outline of Investigation for
Metallic Underground Fuel Pipe”;
(C) Steel
Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion
Protection of Underground Piping Networks Associated with Liquid Storage and
Dispensing Systems”;
(D) NACE International Standard Practice SP
0169, “Control of External Corrosion on Underground or Submerged Metallic
Piping Systems”; or
(E)
NACE International Standard Practice SP 0285, “External Corrosion
Control of Underground Storage Tank Systems by Cathodic Protection”.
(3) The piping is constructed of metal without
additional corrosion protection measures provided that:
(i) The piping is installed at a site that is
determined by a corrosion expert to not be corrosive enough to cause it 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 paragraph (b)(3)(i) of this section for the remaining life of
the piping; or
(4) The piping construction and corrosion protection
are determined by the implementing agency 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
paragraphs (b)(1) through (3) of this section.
(c)
Spill and overfill prevention equipment. (1) Except as provided in paragraphs (c)(2) and
(3) of this section, to prevent spilling and overfilling associated with
product transfer to the UST system, owners and operators must use the following
spill and overfill prevention equipment:
(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 catchment basin); 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; or
(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, 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 located on top of the tank are exposed to product due to
overfilling.
(2) Owners and operators are not required to use
the spill and overfill prevention equipment specified in paragraph (c)(1) of
this section if:
(i) Alternative equipment is used that is determined
by the implementing agency to be no less protective of human health and the
environment than the equipment specified in paragraph (c)(1)(i) or (ii) of this
section; or
(ii) The UST system is filled by transfers of no
more than 25 gallons at one time.
(3) Flow restrictors used in vent lines may not
be used to comply with paragraph (c)(1)(ii) of this section when overfill
prevention is installed or replaced after October 13, 2015.
(4) Spill and overfill prevention equipment must
be periodically tested or inspected in accordance with §280.35.
(d)
Installation. The UST system must be properly installed in accordance
with a code of practice developed by a nationally recognized association or
independent testing laboratory and in accordance with the manufacturer's
instructions.
Note to paragraph (d). Tank and piping system installation practices
and procedures described in the following codes of practice may be used to
comply with the requirements of paragraph (d) of this section:
(A)
American Petroleum Institute Publication 1615, “Installation of
Underground Petroleum Storage System”;
(B)
Petroleum Equipment Institute Publication RP100, “Recommended Practices
for Installation of Underground Liquid Storage Systems”; or
(C) National
Fire Protection Association Standard 30, “Flammable and Combustible Liquids
Code” and Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair
Garages”.
(e)
Certification of installation. All owners and operators must ensure that
one or more of the following methods of certification, testing, or inspection
is used to demonstrate compliance with paragraph (d) of this section by
providing a certification of compliance on the UST notification form in
accordance with §280.22.
(1) The installer has been certified by the tank
and piping manufacturers; or
(2) The installer has been certified or licensed
by the implementing agency; or
(3) The installation has been inspected and
certified by a registered professional engineer with education and experience
in UST system installation; or
(4) The installation has been inspected and
approved by the implementing agency; or
(5) All work listed in the manufacturer's
installation checklists has been completed; or
(6) The owner and operator have complied with
another method for ensuring compliance with paragraph (d) of this section that
is determined by the implementing agency to be no less protective of human
health and the environment.
(f)
Dispenser systems. Each UST
system must be equipped with under-dispenser containment for any new dispenser
system installed after April 11, 2016.
(1) A dispenser system is considered new when
both the dispenser and the equipment needed to connect the dispenser to the
underground storage tank system are installed at an UST facility. The equipment
necessary to connect the dispenser to the underground storage tank system
includes check valves, shear valves, unburied risers or flexible connectors, or
other transitional components that are underneath the dispenser and connect the
dispenser to the underground piping.
(2)
Under-dispenser containment must be liquid-tight on its sides, bottom, and at
any penetrations. Under-dispenser containment must allow for visual inspection
and access to the components in the containment system or be periodically
monitored for leaks from the dispenser system.