Current through November, 2024
Section 11-280.1-20 - Performance standards for UST systems(a) 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, owners and operators of UST systems must meet all applicable requirements of this subchapter. UST systems must meet the requirements of this section as follows: (1) UST systems installed after December 22, 1988, other than airport hydrant fuel distribution systems and UST systems with field-constructed tanks, must meet the requirements of this section, except as specified in subsection (g).(2) Airport hydrant fuel distribution systems and UST systems with field-constructed tanks installed on or after the effective date of these rules must meet the requirements of this section.(b) Tanks. Each tank must be properly designed, constructed, and installed, 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(2) The tank is constructed of steel and cathodically protected in the following manner: (A) The tank is coated with a suitable dielectric material;(B) Field-installed cathodic protection systems are designed by a corrosion expert;(C) Impressed current systems are designed to allow determination of current operating status as required in section 11-280.1-31(3); and(D) Cathodic protection systems are operated and maintained in accordance with section 11-280.1-31 or according to guidelines established by the department; or(3) The tank is constructed of steel and clad or jacketed with a non-corrodible material; or(4) The tank is constructed of metal without additional corrosion protection measures provided that: (A) 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(B) Owners and operators maintain records that demonstrate compliance with the requirements of subparagraph (A) for the remaining life of the tank; or(5) The tank construction and corrosion protection are determined by the department 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 (1) to (4). (c) Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, installed, 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(2) The piping is constructed of steel and cathodically protected in the following manner: (A) The piping is coated with a suitable dielectric material;(B) Field-installed cathodic protection systems are designed by a corrosion expert;(C) Impressed current systems are designed to allow determination of current operating status as required in section 11-280.1-31(3); and(D) Cathodic protection systems are operated and maintained in accordance with section 11-280.1-31 or guidelines established by the department; or (3) The piping is constructed of metal without additional corrosion protection measures provided that: (A) 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(B) Owners and operators maintain records that demonstrate compliance with the requirements of subparagraph (A) for the remaining life of the piping; or(4) The piping construction and corrosion protection are determined by the department 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 (1) to (3). (d) Spill and overfill prevention equipment. (1) Except as provided in paragraphs (2) and (3), 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: (A) 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(B) Overfill prevention equipment that will: (i) Automatically shut off flow into the tank when the tank is no more than ninety-five percent full;(ii) Alert the transfer operator when the tank is no more than ninety percent full by restricting the flow into the tank or triggering a high-level alarm; or(iii) Restrict flow thirty 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 (1) if: (A) Alternative equipment is used that is determined by the department to be no less protective of human health and the environment than the equipment specified in paragraph (1)(A) or (B); or(B) The UST system is filled by transfers of no more than twenty-five gallons at one time.(3) Flow restrictors used in vent lines may not be used to comply with paragraph (1)(B) when overfill prevention is installed or replaced after the effective date of these rules.(4) Overfill prevention methods that rely on the use of alarms must have the alarms clearly labeled "overfill alarm" and located where the delivery person can clearly see and hear the alarm in order to immediately stop delivery of the product.(5) Spill and overfill prevention equipment must be periodically tested or inspected in accordance with section 11-280.1-35.(e) 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.(f) 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 subsection (e) by providing a certification of compliance on the "Certification of Underground Storage Tank Installation" form prescribed by the director and in accordance with section 11-280.1-325(d). (1) The installer has been certified by the tank and piping manufacturers;(2) The installer has been certified or licensed by the department;(3) The installation has been inspected and certified by a licensed professional engineer with education and experience in UST system installation;(4) The installation has been inspected and approved by the department;(5) All work listed in the manufacturer's installation checklists has been completed and the checklists maintained; or(6) The owner and operator have complied with another method for ensuring compliance with subsection (e) that is determined by the department to be no less protective of human health and the environment.(g) Secondary containment.(1) UST systems installed on or after August 9, 2013, other than airport hydrant fuel distribution systems and UST systems with field-constructed tanks, must be provided with secondary containment that meets the requirements of section 11-280.1-24, except for suction piping that meets the requirements of section 11-280.1-41(b)(6).(2) Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must be provided with secondary containment that meets the requirements of section 11-280.1-24, except for:(A) Suction piping that meets the requirements of section 11-280.1-41(b)(6);(B) Piping associated with UST systems with field-constructed tanks greater than 50,000 gallons; and(C) Piping associated with airport hydrant systems. Haw. Code R. § 11-280.1-20
[Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-32) (Imp: HRS §§ 342L-3, 342L-32)