Section 33-24-08-11 - Upgrading of existing underground storage tank systemsOwners and operators must permanently close (in accordance with sections 33-24-08-60 through 33-24-08-64) any underground storage tank system that does not meet the new underground storage tank system performance standards in section 33-24-08-10 or has not been upgraded in accordance with subsections 2 through 4. This does not apply to previously deferred underground storage tank systems described in sections 33-24-08-70 to 33-24-08-72 and where an upgrade is determined to be appropriate by the department.
1.Alternatives allowed. All existing underground storage tank systems must comply with one of the following requirements:a. New underground storage tank system performance standards under section 33-24-08-10;b. The upgrading requirements in subsections 2 through 4; orc. Closure requirements under sections 33-24-08-60 through 33-24-08-64, including applicable requirements for corrective action under sections 33-24-08-50 through 33-24-08-57.2.Tank upgrading requirements. Steel tanks must 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: a. Interior lining. Tanks upgraded by internal lining must meet the following: (1) The lining was installed in accordance with the requirements of section 33-24-08-23; and(2) Within ten years after lining, 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 must be permanently closed in accordance with sections 33-24-08-60 through 33-24-08-64. (NOTE: The following codes of practice may be used to comply with the periodic lining inspection requirement of this section: American Petroleum Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks"; National Leak Prevention Association Standard 631, Chapter B "Future Internal Inspection Requirements for Lined Tanks"; or Ken Wilcox Associates Recommended Practice, "Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera.")
b. Cathodic protection. Tanks upgraded by cathodic protection must meet the requirements of paragraphs 2, 3, and 4 of subdivision b of subsection 1 of section 33-24-08-10 and the integrity of the tank must have been ensured using one of the following methods: (1) The tank was internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system;(2) The tank had been installed for less than ten years and is monitored monthly for releases in accordance with subsections 4 through 9 of section 33-24-08-33;(3) The tank had been installed for less than ten years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of subsection 3 of section 33-24-08-33. The first tightness test must have been conducted prior to installing the cathodic protection system. The second tightness test must have been conducted between three and six months following the first operation of the cathodic protection system; or(4) 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 paragraphs 1 through 3.c. Internal lining combined with cathodic protection. Tanks upgraded by both internal lining and cathodic protection must meet the following:(1) The lining was installed in accordance with the requirements of section 33-24-08-23; and(2) The cathodic protection system meets the requirements of paragraphs 2, 3, and 4 of subdivision b of subsection 1 of section 33-24-08-10. (NOTE: The following historical codes of practice were listed as options for complying with this section: American Petroleum Institute Publication 1631, "Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks"; 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"; National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems"; and American Petroleum Institute Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems".)
3.Piping upgrading requirements. Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements of paragraphs 2, 3, and 4 of subdivision b of subsection 2 of section 33-24-08-10. (NOTE: The codes of practice listed in the note following subdivision b of subsection 2 of section 33-24-08-10 may be used to comply with this requirement.)
4.Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the underground storage tank system, all existing underground storage tank systems must comply with new underground storage tank system spill and overfill prevention equipment requirements specified in subsection 3 of section 33-24-08-10.N.D. Admin Code 33-24-08-11
Effective December 1, 1989.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