Section 33.1-24-02-61 - Assessment of existing tank system's integrity1. Tank systems must meet the secondary containment requirements of section 33.1-24-02-63, or the remanufacturer or other person that handles the hazardous secondary material must determine that the tank system is not leaking or is unfit for use. Except as provided in subsection 3, a written assessment reviewed and certified by a qualified professional engineer must be kept on file at the remanufacturer's facility or other facility that stores or treats the hazardous secondary material that attests to the tank system's integrity.2. This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the materials to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following: a. Design standards, if available, according to which the tank and ancillary equipment were constructed;b. Hazardous characteristics of the materials that have been and will be handled;c. Existing corrosion protection measures;d. Documented age of the tank system, if available (otherwise, an estimate of the age); ande. Results of a leak test, internal inspection, or other tank integrity examination such that: (1) For nonenterable underground tanks, the assessment must include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects; and(2) For other than nonenterable underground tanks and for ancillary equipment, this assessment must include either a leak test, as described above, or other integrity examination that is certified by a qualified professional engineer that addresses cracks, leaks, corrosion, and erosion. Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.
3. If, as a result of the assessment conducted in accordance with subsection 1, a tank system is found to be leaking or unfit for use, the remanufacturer or other person that stores or treats the hazardous secondary material shall comply with the requirements of section 33.1-24-02-66.N.D. Admin Code 33.1-24-02-61
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19