Ariz. Admin. Code § 18-12-221

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-12-221 - Upgrading of Existing UST Systems

A. Owners and operators shall permanently close (in accordance with R18-12-270 through R18-12-274 ) any UST system that does not meet the new UST system performance standards in R18-12-220 or has not been upgraded in accordance with subsections (F) through (I) of this Section. This does not apply to previously deferred UST systems described in Article 9 and where an upgrade is determined to be appropriate by the Department. All existing UST systems shall comply with one of the following requirements:

1. New UST system performance standards under R18-12-220;

2. The upgrading requirements described in subsections (E) through (H);

3. Closure requirements under R18-12-270 through R18-12-274, including applicable requirements for release reporting and corrective action under R18-12-250 through R18-12-264.01.

B. Except for repairs described in subsection (D), an owner or operator that intends to modify an underground storage tank system, including upgrading to comply with subsection (A), shall submit to the Director on a Department form all of the following information at least 30 days before beginning the tank system modifications:

1. The tank's size, construction material, location and intended use.

2. The certified UST service provider(s) performing or supervising the modification.

3. A description of the modifications, including detailed plans, where necessary, showing the site, piping layouts, electrical service, and stating that the modifications will be installed according to the manufacturers' instructions, and the applicable standards and codes of practice in R18-12-220 and R18-12-281.

4. When applicable, evidence that compatibility under R18-12-232 has been considered.

5. The intended modification schedule with any proposed backfill date.

C. For the purposes of this Section, "modify" means any of the following: changing dispensers, installing under dispenser containment, relining or retrofitting a tank, replacing pipe, adding or changing corrosion protection, or making repairs in response to a confirmed or suspected release. Modify does not mean scheduled maintenance or repair above the shear valve.

D. The owner or operator shall submit the information in subsection (B) to the Department as soon as possible after the start of emergency repairs and as soon as possible before the date of the following proposed repairs:

1. Repairs in response to a confirmed or suspected release if an owner or operator is removing a UST from operation for the repairs;

2. Minor repairs, including replacement of a leak detection sensor, and repairs to fittings.

E. Within 15 calendar days of receipt of information under subsection (B), the Department shall send the owner or operator an email indicating whether the proposed modification may or may not proceed, whether a Department inspection will be required, or whether further information is necessary. At the time of the modification, the owner or operator shall have on site service provider certifications and test results for all equipment installed.

F. A steel tank shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:

1. Tanks upgraded by internal lining shall meet both of the following conditions:

a. The internal lining is installed in accordance with the requirements of R18-12-233, and R18-12-281(H)(1) or (2);

b. Within 10 years after the internal lining is installed, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, then the lined tank shall be permanently closed in accordance with R18-12-270 through R18-12-274.

2. Tanks upgraded by cathodic protection shall meet the requirements of R18-12-220(B)(2)(b) through (d), and the integrity of the tank shall have been ensured using one of the following methods:

a. The tank was internally inspected and assessed to ensure that it was structurally sound and free of corrosion holes prior to installing the cathodic protection system;

b. The tank had been installed for less than 10 years and is monitored monthly for releases in accordance with R18-12-243(D) through (I);

c. The tank had been installed for less than 10 years and was assessed for corrosion holes by conducting two tightness tests that meet the requirements of R18-12-243(C). The 1st tightness test shall be conducted prior to installing the cathodic protection system. The 2nd tightness test shall be conducted between three and six months following the 1st operation of the cathodic protection system; or

d. The tank was assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than the methods described in subsections (B)(2)(a) through (c).

3. Tanks upgraded by both internal lining and cathodic protection shall meet both of the following requirements:

a. The lining is installed in accordance with the requirements of R18-12-233,

b. The cathodic protection system meets the requirements of R18-12-220(B)(2)(b) through (d).

G. Metal piping that routinely contains regulated substances and is in contact with the ground shall be cathodically protected in accordance with the applicable requirements of R18-12-220(C)(2)(b) through (d).

H. Any upgrading by use of corrosion protection described in this Section shall be accomplished in accordance with the performance standards set forth in R18-12-281(H).

I. To prevent spilling and overfilling associated with the transfer of a regulated substance to the UST system, all existing UST systems shall comply with UST system spill and overfill prevention equipment requirements specified in R18-12-220(D).

J. Owners or operators shall ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with the requirements of this Section by providing a certification of compliance on the UST Notification Form in accordance with R18-12-222(D):

1. The installer has been certified by the equipment or system manufacturers;

2. The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation, or if required under subsection (D), by the Department;

3. All work listed in the manufacturer's installation checklists has been completed;

4. The owner has complied with another method for ensuring compliance with the requirements of this Section that is determined by the Department to be no less protective of human health and the environment.

K. Owners and operators shall ensure that a certification statement in accordance with the applicable requirements of R18-12-222(E) is signed by the installer on the Notification Form prior to submission to the Department.

Ariz. Admin. Code § R18-12-221

Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.