18 Alaska Admin. Code § 78.025

Current through September 25, 2024

Section 18 AAC 78.025 - Performance standards for new USTs

(a)General requirements. In order to prevent or detect releases caused by manufacturing defects, structural failure, corrosion, or spills or overfills for as long as the UST is used to store petroleum, the owner or operator of a new UST shall meet the requirements of this section.

(b)Secondary containment and interstitial monitoring for tanks and piping installed on or after July 25, 2012 and before April 11, 2016. Tanks and piping installed on or after July 25, 2012 and before April 11, 2016 and within 1,000 feet of an existing community water system as defined under 18 AAC 80.1990(a), an existing potable water system as defined under 18 AAC 80.1990(a), or a sole source aquifer as defined under 18 AAC 75.990 must be in secondary containment and use interstitial monitoring for leaks. Secondary containment must be able to contain petroleum released from anywhere in the UST system until it is detected and removed, and must prevent a release of petroleum to the environment at any time during the operational life of the UST system. For the purposes of this subsection,

(1) in the case of a replacement of an existing tank or existing piping, secondary containment and interstitial monitoring is only required for the tank or piping being replaced; and

(2) the 1,000 feet must be measured from the closest part of the tank or piping to the closest part of the existing community water system, potable water system, or sole source aquifer, including well heads for groundwater, the location of the intake points for surface water, water lines, processing tanks and water storage tanks, water distribution and service lines under the control of the community water system operator, and the wellhead of the nearest existing potable drinking water well.

(c)Secondary containment and interstitial monitoring for tanks and piping installed on or after April 11, 2016. Tanks and piping installed on or after April 11, 2016 must be in secondary containment and use interstitial monitoring in accordance with 18 AAC 78.065(h), except for suction piping that meets the requirements of 18 AAC 78.060(f)(1)(B)(i) -(v). Secondary containment must be able to contain petroleum leaked from the primary containment until it is detected and the petroleum removed, and must prevent the release of petroleum to the environment at any time during the operational life of the UST. For cases where the piping is considered to be replaced, the entire piping run must be within secondary containment.

(d)Notification. At least 15 days, but not more than 60 days, before beginning installation of a UST, the owner or operator shall notify the department in writing that it will do so, on a form provided by the department.

(e)Tanks. Each tank must be properly designed, constructed, and installed in a manner that will prevent releases for its operating life due to manufacturing defects, structural failure, or corrosion, in accordance with a nationally recognized code of practice, and meet one of the following requirements:

(1) the tank must be constructed of fiberglass-reinforced plastic; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, Second Edition, 1994; and

(B) Steel Tank Institute Specification F894, ACT-100 Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, December 2010;

(2) the tank must be constructed of steel and cathodically protected in the following manner:

(A) the tank must be coated with a suitable dielectric material; for purposes of this subparagraph, suitable dielectric material does not include paint or asphalt coating;

(B) field-installed cathodic protection systems must be designed by a corrosion expert;

(C) impressed current systems must be designed to allow determination of current operating status as required in 18 AAC 78.045(e);

(D) cathodic protection systems must be operated and maintained in accordance with 18 AAC 78.045; and

(E) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(i) Steel Tank Institute Specification STI-P3, STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, August 2011;

(ii) Underwriters Laboratories, Inc., Standard for Safety 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, Third Edition, January 17, 2007;

(iii) NACE International Standard RP0285-2002, Standard Recommended Practice-Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002; and

(iv) Underwriters Laboratories Standard UL 58, Steel Underground Tanks for Flammable and Combustible Liquids, Ninth Edition, 1996;

(3) the tank must be constructed of steel and must be clad or jacketed with a non-corrodible material; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories, Inc., Standard for Safety 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, Third Edition, January 17,2007;

(B) Steel Tank Institute Specification F894, ACT-100 Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, December 2010;

(4) the tank must be constructed of metal, but additional corrosion protection measures are not required, if

(A) the tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause the tank to have a release due to corrosion during the tank's operating life; and

(B) the owner or operator maintains records that demonstrate compliance with the requirements of (A) of this paragraph for the remaining life of the tank; or

(5) the tank construction and corrosion protection must be determined by the department to be designed to prevent the release or threatened release of any stored petroleum in a manner that is no less protective of human health and the environment than the requirements in (1) - (4) of this subsection.

(f)Piping. This subsection applies to the piping that routinely contains petroleum, including all product piping, except for vent lines and except for most tank fill pipes. The piping that routinely contains petroleum and is underground or in contact with the ground must be properly designed, constructed, and installed in a manner that will prevent, for the piping's operating life, releases due to manufacturing defects, structural failure, or corrosion, in accordance with a nationally recognized code of practice, and must meet one of the following requirements:

(1) the piping must be constructed of a non-corrodible material; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a U ST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, Second Edition, 1994; and

(B) Underwriters Laboratories, Inc. Standard for Safety UL 567, Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas, Ninth Edition, July 28, 2003;

(2) the piping must be constructed of steel and cathodically protected in the following manner:

(A) the piping must be coated with a suitable dielectric material; for purposes of this subparagraph, suitable dielectric material does not include paint or asphalt coating;

(B) field-installed cathodic protection systems must be designed by a corrosion expert;

(C) impressed current systems must be designed to allow determination of current operating status as required in 18 AAC 78.045(e);

(D) cathodic protection systems must be operated and maintained in accordance with 1 8 AAC 78.045; and

(E) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(i) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, 2008 Edition;

(ii) American Petroleum Institute Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, Fifth Edition, March 1996;

(iii) Petroleum Equipment Institute Recommended Practice PEI/RP 100-11, Recommended Practices for Installation of Underground Liquid Storage Systems, 201 1;

(iv) American Petroleum Institute Recommended Practice 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, Third Edition, May 1996; and

(v) NACE International Standard SP0169-2007, Standard Practice: Control of External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007;

(3) the piping must be constructed of metal, but additional corrosion protection measures are not required, if

(A) the piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause the piping to have a release due to corrosion during the piping's operating life; and

(B) the owner or operator maintains records that demonstrate compliance with the requirements of (A) of this paragraph for the remaining life of the piping; or

(4) the piping construction and corrosion protection must be determined by the department to be designed to prevent the release or threatened release of any stored petroleum in a manner that is no less protective of human health and the environment than the requirements in (1) - (3) of this subsection.

(g)Spill and overfill prevention equipment. The requirements for UST spill and overfill prevention equipment are as follows:

(1) except as provided in (2) and (3) of this subsection, to prevent spilling and overfilling associated with transfer of petroleum to the UST, the owner or operator shall use the following spill and overfill prevention equipment:

(A) spill prevention equipment, such as a spill catchment basin, that will prevent release of the petroleum to the environment when the transfer hose is detached from the fill pipe; and

(B) overfill prevention equipment that will

(i) automatically shut off flow into the tank when the tank is no more than 95 percent full; or

(ii) 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;

(2) the owner or operator is not required to use the spill and overfill prevention equipment specified in (1) of this subsection if

(A) alternative equipment is used that is determined by the department to be no less protective of human health and safety and the environment than the equipment specified in (1)(A) or (B) of this subsection; or

(B) the UST 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 (1)(B) of this subsection 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 1 8 A AC 78.057; and

(5) if a UST system has one or more of the following, the owner or operator of the system may not use a ball float valve or a vent restrictor shut-off device on that system:

(A) a tank that receives a pumped delivery;

(B) suction piping with air eliminators;

(C) remote fill pipes and gauge openings; or

(D) an emergency generator or an oil heating tank.

(h)Installation. The installation of a UST is subject to the following:

(1) the owner or operator shall ensure that the installer of a new UST is certified under this chapter;

(2) a person may not install or permit the installation of a UST within 100 feet of a community water system, non-transient non-community water system, or transient non-community water system, or within 25 feet of a private water system, as each of those systems is defined in 1 8 AAC 80.1990(a);

(3) the department may inspect or require inspection of an installation to determine compliance with this section; if the department requires an inspection, it must be conducted by an independent third party certified under this chapter; and

(4) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner and the operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) American Petroleum Institute Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, Fifth Edition, March 1996;

(B) Petroleum Equipment Institute Recommended Practice PEI/RP 100-11, Recommended Practices for Installation of Underground Liquid Storage Systems, 2011;

(C) American Society of Mechanical Engineers Code for Pressure Piping, B31, an American National Standard, B31.3, Process Piping, 2010 Edition;

(D) American Society of Mechanical Engineers Code for Pressure Piping, B31, an American National Standard, B31.4, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids, 2009 Edition;

(E) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, 2008 Edition;

(F) National Fire Protection Association Standard 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2012 Edition;

(G) International Code Council, International Fire Code, Chapter 57, (flammable and combustible liquids), 2012; and

(H) International Code Council, International Fire Code, Chapter 50, (hazardous materials - general provisions), 2012.

(i)Certification of installation. The owner or operator shall ensure that the installer has been certified under this chapter and shall provide certification of compliance to the department on the UST registration form in accordance with 18 AAC 78.035(d).

(j)Dispenser systems. Each UST must be equipped with under-dispenser containment for any new dispenser system, replacement of an existing dispenser, or replacement of any piping or equipment below a dispenser installed on or after July 25, 2012. Under-dispenser containment must

(1) be liquid-tight on its sides and bottom, and at any penetrations; and

(2) allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system at least annually during the walk through inspections required under 18 AAC 78.058.

18 AAC 78.025

Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018,Register 227, October 2018

1. The publications adopted by reference in 18 AAC 78.025 and other sections of this chapter may be reviewed at the department's office in Anchorage or may be obtained directly from the appropriate publisher. The mailing address, telephone number, facsimile number, and website, if available, for each publisher are as follows:

American Petroleum Institute (API), Publications Department, 1220 L St. N.W., Washington, D.C. 20005; telephone: (202) 682-8375; fascimile: (202) 962-4776; Internet address: http://global.ihs.com/?RID=API1;

American Society of Mechanical Engineers (ASME), 22 Law Drive, P.O. Box 2300, Fairfield, NJ 07007-2300; telephone: (800) 843-2763; facsimile: (201) 882-1717; Internet address: http://www.asme.org/;

American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-9585; facsimile: (610) 832-9555; Internet address: http://www.astm.org;

International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478; telephone: (800) 786-4452; facsimile: (866) 891-1695; Internet address: http://www.iccsafe.org/store;

International Conference of Building Code Officials, Ordering Department, 5360 Workman Mill Road, Whittier, California 90601; telephone: (310) 692-4226; facsimile: (310) 692-3853; Internet address: http://www.iccsafe.org;

National Association of Corrosion Engineers (NACE), Publications Department, 1440 South Creek Drive, Houston, TX 77218-8340; telephone: (281) 228-6200 or (800) 797-6223; facsimile: (281) 228-6300; Internet addresss: http://www.nace.org/;

National Fire Protection Association, Inc. (NFPA), Publications Department, 11 Tracy Dr., Avon, MA 02322; telephone: (800) 344-3555; facsimile: (800) 593-6372; Internet address: http://www.nfpa.org/;

National Leak Prevention Association (NLPA), P.O. Box 1643, Boise, ID 83701; telephone: (815) 301-2785; facsimile: (240) 757-0211; Internet address: http://www.nlpa-online.org;

Petroleum Equipment Institute (PEI), Publications Department, P.O. Box 2380, Tulsa, OK 74101; telephone: (918) 494-9696; facsimile: (918) 491-9895; Internet address: http://www.pei.org/;

Steel Tank Institute (STI), 944 Donata Court, Lake Zurich, IL 60047; telephone: (847) 438-8265; facsimile: (847) 438-8766; Internet address: http://www.steeltank.com/;

Underwriters Laboratories, Inc. (UL), COMM 2000, 151 Eastern Ave., Bensenville, IL 60106; telephone: (888) 853-3503; Internet address: http:/lstandardsinfonet.ul.com.

2. In addition to the organizations listed in Note 1, above, other sources of nationally-recognized codes of practice include:

American National Standards Institute (ANSI), Customer Service Department, 25 West 43rd Street, 4th floor, New York, NY 10036; telephone: (212) 642-4980; facsimile: (212) 392-1286; Internet address: http://www.ansi.org/;

Fiberglass Petroleum Tank & Pipe Institute, 11150 South Wilcrest Drive, Suite 101, Houston, TX 77099-4343; Internet address: http://www.fiberglasstankandpipe.com/;

United States Department of Labor, Occupational Safety and Health Administration (OSHA), Publication Office, Francis Perkins Building, 200 Constitution Avenue, NW, Room N-3101, Washington, D.C. 20210; telephone: (202) 693-1888; facsimile: (202) 693-2498; Internet address: http://www.osha.gov/.

3. A UST installed in an area that has been given a special designation for drinking water protection by a local government may be subject to additional requirements imposed by the local government.

Authority:AS 46.03.020

AS 46.03.365

AS 46.03.375