Section 33-24-08-10 - Performance standards for new underground storage tank systemsIn order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the underground storage tank system is used to store regulated substances, all owners and operators of new underground storage tank systems must meet the following requirements. In addition, except for suction piping that meets the requirements of subparagraphs a through e of paragraph 2 of subdivision a of subsection 2 of section 33-24-08-31, tanks and piping installed or replaced after January 1, 2009, must be secondarily contained and use interstitial monitoring in accordance with subsection 7 of section 33-24-08-33. 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 underground storage tank system. For cases where the piping is considered to be replaced, the entire piping run must be secondarily contained.
1.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: a. The tank is constructed of fiberglass-reinforced plastic. (NOTE: The following codes of practice may be used to comply with this subdivision: Underwriters Laboratory Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products Alcohols, and Alcohol-Gasoline Mixtures"; or Underwriters Laboratories of Canada S615, "Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids");
b. The tank is constructed of steel and cathodically protected in the following manner: (1) The tank is coated with a suitable dielectric material;(2) Field-installed cathodic protection systems are designed by a corrosion expert;(3) Impressed current systems are designed to allow determination of current operating status as required in subsection 3 of section 33-24-08-21; and(4) Cathodic protection systems are operated and maintained in accordance with section 33-24-08-21 or according to guidelines established by the department. (NOTE: The following codes of practice may be used to comply with this subdivision: Steel Tank Institute "Specification STI-P3 ® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks"; Underwriters Laboratories Standard 1746, "External Corrosion Protection Systems for Steel Underground Storage Tanks"; 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"; Steel Tank Institute Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks"; or 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".);
c. The tank is constructed of steel and clad or jacketed with a noncorridble material. (NOTE: The following codes of practice may be used to comply with this subdivision: Underwriters Laboratories Standard 1746, "External Corrosion Protection Systems for Steel Underground Storage Tanks"; Steel Tank Institute ACT-100® Specification F894, "Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks". Steel Tank Institute ACT-100-U® Specification F961, "Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks"; or Steel Tank Institute Specification F922, "Steel Tank Institute Specification for Permatank®".);
d. The tank is constructed of metal without additional corrosion protection measures provided that: (1) The tank is installed at a site that is determined by a corrosion expert not be corrosive enough to cause it to have a release due to corrosion during its operating life; and(2) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph 1 of this subdivision for the remaining life of the tank;e. 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 subdivisions a through d. 2.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: a. The piping is constructed of a noncorrodible material. (NOTE: The following codes of practice may be used to comply with this subdivision: Underwriters Laboratories Standard 971, "Nonmetallic Underground Piping for Flammable Liquids"; Underwriters Laboratories of Canada Standard S660, "Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids".);
b. The piping is constructed of steel and cathodically protected in the following manner:(1) The piping is coated with a suitable dielectric material;(2) Field-installed cathodic protection systems are designed by a corrosion expert;(3) Impressed current systems are designed to allow determination of current operating status as required in subsection 3 of section 33-24-08-21; and(4) Cathodic protection systems are operated and maintained in accordance with section 33-24-08-21 or guidelines established by the department. (NOTE: The following codes of practice may be used to comply with this subdivision: American Petroleum Institute Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems"; Underwriters Laboratories Subject 971A, "Outline of Investigation for Metallic Underground Fuel Pipe"; Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems"; NACE International Standard Practice SP 0169 "Control of External Corrosion on Underground Submerged Metallic Piping Systems", NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection".);
c. The piping is constructed of metal without additional corrosion protection measures provided that: (1) 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(2) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph 1 for the remaining life of the piping. d. 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 subdivisions a through c. 3.Spill and overfill prevention equipment.a. Except as provided in subdivisions b and c, to prevent spilling and overfilling associated with product transfer to the underground storage tank system, owners and operators must use the following spill and overfill prevention equipment: (1) 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(2) Overfill prevention equipment that will:(a) Automatically shut off flow into the tank when the tank is no more than ninety-five percent full;(b) 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(c) 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.b. Owners and operators are not required to use the spill and overfill prevention equipment specified in subdivision a if: (1) 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 paragraphs 1 and 2 of subdivision a; or(2) The underground storage tank system is filled by transfers of no more than twenty-five gallons [94.63 liters] at one time.c. Flow restrictors used in vent lines may not be used to comply with paragraph 2 of subdivision a of subsection 3 when overfill prevention is installed or replaced after April 1, 2018.d. Spill and overfill prevention equipment must be periodically tested or inspected in accordance with section 33-24-08-25.4.Dispensers systems. Each underground storage tank system must be equipped with under-dispenser containment for any new dispenser system installed after September 28, 2018: a. 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 underground storage tank 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; b. 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.5.Installation. The underground storage tank 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: Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of this subsection: American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage System"; Petroleum Equipment Institute Publication RP100, "Recommended Practices for Installation of Underground Liquid Storage Systems"; or National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code" and Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages".)
6.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 5 by providing a certification of compliance on the underground storage tank notification form in accordance with section 33-24-08-12: a. The installer has been certified by the tank and piping manufacturers;b. The installer has been certified or licensed by the department;c. The installation has been inspected and certified by a registered professional engineer with education and experience in underground storage tank system installation;d. The installation has been inspected and approved by the department;e. All work listed in the manufacturer's installation checklists has been completed; orf. The owner and operator have complied with another method for ensuring compliance with subsection 5 that is determined by the department to be no less protective of human health and the environment.N.D. Admin Code 33-24-08-10
Effective December 1, 1989; amended effective April 1, 1992; January 1, 2009.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1