Section 22a-449(d)-103 - General operating requirements(a)Spill and overfill control.(1) Owners and operators shall ensure that releases due to spilling or overfilling do not occur. The owner and operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.
(2) The owner and operator shall report, investigate, and clean up any spills and overfills in accordance with subsection 22a-449 (d)-105 (d) of the Regulations of Connecticut State Agencies.(3) The transfer procedures described in National Fire Protection Association Publication 385 may be used to comply with subdivision (1) of this subsection. Further guidance on spill and overfill prevention appears in American Petroleum Institute Publication 1621, "Recommended Practice for Bulk Liquid Stock Control at Retail Outlets," and National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code."(4) Owners and operators of UST systems shall ensure that spill prevention equipment satisfies either the requirements of subparagraph (A) or (B) of this subdivision. (A) Such system is double walled and uses continuous monitoring that automatically monitors the integrity of both walls, such as systems that are hydrostatically monitored or under constant vacuum. If an owner or operator discontinues such monitoring: (i) No later than 30 days after such discontinuance, the owner or operator shall conduct a test specified in subparagraph (B) of this subdivision; and(ii) During any period when such monitoring is discontinued, the owner or operator shall comply with subparagraph (B) of this subdivision; or(B) Such system is tested using vacuum, pressure, or liquid testing, at least once every 3 years with subsequent testing no later than 3 years after the most recent previous test, to ensure the equipment is liquid tight. If this testing has not been conducted previously, the initial test required by this subparagraph shall be conducted no later than {insert date that is 1 year after the effective date of this subsection}. Testing required by this subparagraph shall be conducted in accordance with:(i) Requirements developed by the manufacturer, provided the manufacturer has developed such requirements; or(ii) A code of practice developed by a nationally recognized association or independent testing laboratory.(b)Operation and maintenance of corrosion protection.All owners and operators of steel UST systems with corrosion protection shall comply with the following requirements to ensure that releases due to corrosion are prevented for the operational life of the UST system:
(1) All corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.(2) All UST systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements: (A) Frequency. All cathodic protection systems shall be tested within six months of installation and at least annually thereafter or according to another reasonable time frame established by the implementing agency; and(B) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed by a nationally recognized association. A structure to soil test voltage reading of a least minus 0.85 volts measured between the structure and a copper-copper sulfate electrode shall be maintained. Voltage drops other than those across the structure electrolyte boundary shall be considered for valid interpretation of the voltage measurements. Other cathodic protection criteria may be used upon written approval of the commissioner.(3) UST systems with impressed current cathodic protection systems shall also be inspected every thirty days to ensure the equipment is running properly and a monthly record of rectifier current and voltage output shall be maintained in accordance with subsection 22a-449(d) -103 (e) of these regulations.(4) For UST systems using cathodic protection, records of the operation of the cathodic protection shall be maintained (in accordance with subsection 22a-449(d) -103 (e) of these regulations) to demonstrate compliance with the performance standards in subsection 22a-449(d) -103 (d) of these regulations. These records shall provide the following: (A) The results of all inspections required in subdivision 22a-449(d) -103 (b) (3) of these regulations; and(B) The results of testing from all inspections required in subdivision 22a-449(d) -103 (b) (2) of these regulations.(5) If any cathodic protection system malfunctions or fails to meet the above structure to soil test voltage requirement, it shall be immediately repaired. Anodes shall be replaced when all other corrective measures which have been taken are not sufficient to maintain the structure to soil test voltage of at least minus 0.85 volts.(6) National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," may be used to comply with subparagraph 22a-449(d) -103 (b) (2) (B).(c)Compatibility.(1)Owners and operators shall use an UST system made of materials that are compatible with any regulated substance stored in such system. This requirement shall apply to the entirety of an UST system.
(2)(A) The owner or operator of an UST system storing greater than ten (10) percent ethanol or greater than twenty (20) percent biodiesel shall demonstrate that such regulated substances are compatible with the tank, piping, new piping containment sumps, new under-dispenser containment sumps, pumping equipment, release detection equipment, and spill and overfill equipment parts of an UST system using one of the following options:(i) Certification or listing of UST system equipment or components by a nationally recognized independent testing laboratory for use with such regulated substances; or(ii) An affirmative statement of compatibility in writing from the equipment or component manufacturer that specifies the range of biofuel blends with which the equipment or component is compatible.(B) Documentation demonstrating compliance with the requirements of subparagraph (A) of this subdivision shall be maintained in accordance with subsection (e)(4) of this section.(d)Repairs allowed.Owners and operators of UST systems shall ensure that repairs shall prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs shall meet the following requirements:
(1) Repairs to UST systems shall be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory provided that such codes and standards are no less stringent and protective than the requirement in NFPA 30.(2) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.(3) Metal pipe sections and fittings that have released product as a result of corrosion or other damage shall be replaced. Fiberglass pipes and fittings may be repaired in accordance with the manufacturer's specifications.(4) Repaired tanks and piping shall be tightness tested in accordance with sections 22a-449(d)-104(e)(3) and 22a-449(d)-104(f)(2) of the Regulations of Connecticut State Agencies within thirty days following the date of the completion of the repair except as provided in subdivisions (1), (2), and (3) of this subsection: (A) The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or(B) The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in sections 22a-449 (d)-104 (e) (4), (5), (6), and (7) of the Regulations of Connecticut State Agencies; or(C) Another test method is used that is determined by prior written approval of the implementing agency to be no less protective of human health and the environment than those listed in this subdivision.(5) Within six months following the repair of any cathodically protected UST system, the cathodic protection system shall be tested in accordance with subsections (b)(2) and (b)(3) of this section to ensure that it is operating properly.(6) No later than 30 days following any repair to spill prevention equipment, the repaired equipment shall be tested to ensure that the equipment is liquid tight. The testing shall be done using vacuum, pressure, or liquid in accordance with: (A) Requirements developed by the manufacturer of the spill prevention equipment, provided the manufacturer has developed such requirements; or(B) A code of practice developed by a nationally recognized association or independent testing laboratory.(7) No later than 30 days following any repair to overfill prevention equipment, the repaired equipment shall be inspected to ensure that the equipment is set to activate at the correct level specified in section 22a-449(d)-102(a)(5)(A)(ii) of the Regulations of Connecticut State Agencies and will activate when regulated substances reach such level. Any such inspection shall be conducted in accordance with: (A) Requirements developed by the manufacturer of such equipment, provided the manufacturer has developed such requirements; or(B) A code of practice developed by a nationally recognized association or independent testing laboratory.(8)(A) If a new under-dispenser containment sump is repaired, the repaired sump and the dispenser associated with such sump shall not be returned to service until the owner or operator conducts a test, in accordance with section 22a-449(d)-102(a)(15)(F) of the Regulations of Connecticut State Agencies, that demonstrates that the repaired sump meets the requirements of a new under-dispenser containment sump. Any such test shall be conducted no later than 30 days following the date the repairs were completed.(B) If a new piping containment sump is repaired, the repaired sump and the piping associated with such sump shall not be returned to service until the owner or operator conducts a test, in accordance with section 22a-449(d)-102(a)(15)(F) of the Regulations of Connecticut State Agencies, that demonstrates that the repaired sump meets the requirements of a new piping containment sump. Any such test shall be conducted no later than 30 days following the date the repairs were completed.(9) UST system owners and operators shall maintain records that demonstrate compliance with the requirement of this subsection of each repair to an UST system. Such records shall be maintained for at least five years beyond the operational life of such system.(10) Repairs to UST systems shall be properly conducted in accordance with National Fire Protection Association Standard 30 and the performance standards in subsection 22a-449(d)-102(a) of the Regulations of Connecticut State Agencies.(11) The following codes and standards may be used to comply with subdivision (1) of this subsection: National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code"; American Petroleum Institute Publication 2200, "Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines"; American Petroleum Institute Publication 1631, "Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks"; and National Leak Prevention Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection." (e)Reporting and record keeping.Owners and operators of UST systems shall cooperate fully with inspections, monitoring and testing conducted by the implementing agency, as well as requests for document submission, testing, and monitoring by the owner or operator pursuant to section 9005 of Subtitle I of the Federal Resource Conservation and Recovery Act, as amended.
(1) Reporting. Owners and operators shall submit the following information to the implementing agency: (A) Notification for all UST systems (subsection 22a-449(d) -102 (b) of these regulations), which includes certification of installation for new UST systems (subdivision 22a-449(d) -102 (a) (8) of these regulations),(B) Reports of all releases including suspected releases (subsection 22a-449(d) -105 (a) of these regulations), spills and overfills (subsection 22a-449(d) -105 (d) of these regulations), and confirmed releases (subsection 22a-449(d) -106 (c) of these regulations);(C) Corrective actions planned or taken including initial abatement measures (subsection 22a-449(d) -106 (d) of these regulations), initial site characterization (subsection 22a-449(d) -106 (e) of these regulations), free product removal (subsection 22a-449(d) -106 (f) of these regulations), investigation of soil and ground-water cleanup (subsection 22a-449(d) -106 (h) of these regulations), and corrective action plan (subsection 22a-449(d) -106 (i) of these regulations); and(D) A notification before permanent closure or change-in-service (subsection 22a-449(d) -107 (b) of these regulations).(E) An owner or operator of an UST system shall report any failure to the commissioner immediately, in accordance with section 22a-450 of the general statutes, as amended.(2) Record keeping. Owners and operators shall maintain the following records: (A) Documentation of operation of corrosion protection equipment (subsection (b) of this section);(B) Documentation of UST system repairs ( subsection (d)(9) of this section);(C) Documentation of compliance with release detection requirements (section 22a-449(d)-104(g) of the Regulations of Connecticut State Agencies);(D) Results of the site investigation conducted at permanent closure (section 22a-449(d)-107(e) of the Regulations of Connecticut State Agencies);(E) Documentation of compliance with the requirements in section 22a-449(d)-102(a)(9) of the Regulations of Connecticut State Agencies; and(F) Documentation of compliance with the requirements of subsection (a)(4) of this section regarding spill prevention equipment.(3) The owner or operator of an UST system shall assure the maintenance of up-to-date records of significant construction or installation activities; monitoring; substantial modifications; abandonment, removal, or replacement of UST system components or protective devices for such components; and any other activity required by an order of the commissioner. The owner or operator shall review such records and attest to their accuracy by signing them no later than seven days following the completion of the recorded activity.(4) Availability and Maintenance of Records. Owners and operators shall keep and maintain the records required by these regulations for at least five years beyond the operational life of the UST system either:(A) At the UST site and immediately available for inspection by the implementing agency; or(B) For records greater than five (5) years old or with prior written approval by the commissioner at a readily available alternative site and be immediately provided for inspection to the implementing agency upon request.Conn. Agencies Regs. § 22a-449(d)-103
Effective July 28, 1994; amended 11/30/2021