250 R.I. Code R. 250-RICR-140-25-1.10

Current through December 26, 2024

Section 250-RICR-140-25-1.10 - Minimum UST Operation and Maintenance Requirements

A. Applicability

1. This Section shall apply to all existing UST systems, with the exception of those systems storing heating oil of any grade for on-site consumption solely for heating purposes which are exempt from § 1.10(C), (D), (E), (G), (I), (J), (M), (N), (O), (T), (U) of this Part. UST systems storing heating oil of any grade for on-site consumption solely for heating purposes at residential properties with less than 3 units are also exempt from § 1.10(F) (4) of this Part.

B. General Operations and Maintenance

1. All USTs shall be maintained and operated by trained personnel and in compliance with applicable national codes of practice, including but not limited to: "Bulk Liquid Stock Control at Retail Outlets", incorporated above at § 1.3(T) of this Part; "Management of Underground Petroleum Storage Systems at Marketing and Distribution Facilities", incorporated above at § 1.3(U) of this Part; "Code for Motor Fuel Dispensing Facilities and Repair Garages", incorporated above at § 1.3(X) of this Part; "Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment", incorporated above at § 1.3(Z) of this Part; "Recommended Practices for the Inspection and Maintenance of UST Systems", incorporated above at § 1.3(AA) of this Part; and "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities", incorporated above at § 1.3(BB) of this Part.

2. Facilities subject to leak detection requirements shall prominently post or provide in a location readily accessible to the facility staff emergency response procedures, including instructions on responding to alarms, releases, spills, and other abnormal events, and include current contact information for the Class A and B operator or a 24-hour call center or spill response hotline.

3. Facilities subject to inventory recordkeeping requirements shall comply with § 1.13(B) of this Part.

4. Compatibility

a. The filling of a UST system and storage of any regulated substance which exceeds 10% ethanol or 20% biodiesel is prohibited without prior written notification to, and approval from, the Department. The owner/operator shall not introduce, or allow to be introduced, any material into a UST system that is incompatible with the UST system.

b. The owner/operator shall demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment) by using one of the following options:

(1) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored.

(2) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer.

(3) Another method of demonstrating compatibility approved by the Director.

5. Correct Filling Practices

a. All UST facilities shall establish procedures for determining the available storage capacity of each of its tanks and shall comply with those procedures and communicate the available capacity to delivery personnel before allowing any product to be delivered to the facility's tank(s). Facilities shall also establish procedures to monitor deliveries to prevent tank overfills and product spills.

b. The UST system must be monitored at all times during a delivery to ensure that there are no leaks, releases, malfunctions, or hazardous situations developing and the deliverer must be able to immediately stop the flow of fuel in the event of a malfunction or release. The amount of the fuel delivery should be known in advance based upon the maximum amount of usable space remaining in each UST and the amount of fuel delivered should never exceed the ullage volume of the UST. The volume of fuel delivered must be carefully monitored and the deliverer should not rely on the overfill protection device to alert them to stop the delivery.

6. Above-Ground Components

a. All above-ground sections of the UST system, including dispensers, nozzles, dispenser hoses, above-ground fills, and vent lines, shall be routinely inspected for evidence of excessive wear, degradation, damage, or release.

(1) All dispenser hoses must be adequately supported and shall not make contact with the ground when not in use.

(2) Any component which shows excessive wear, damage, or evidence of release must be taken out of service until repaired or replaced.

(3) All dispenser hose breakaway devices must be inspected monthly. Any dispenser hose breakaway device which shows evidence of damage, malfunction, product release, must be immediately replaced. Any breakaway device which has been activated or otherwise separated must be replaced unless the manufacturer explicitly allows re-assembly and re-use after activation.

C. Facility Compliance - Environmental Results Program

1. The Environmental Results Program (ERP) is a mandatory facility compliance inspection program. Owners/operators shall ensure that their facilities comply with these regulations by conducting their own inspections and certifying their compliance by completing and submitting a Compliance Certification Checklist & Forms Booklet (the "ERP Certification Booklet").

a. At least every three years, the Department will issue an ERP Certification Booklet to all operating UST facilities. The ERP Certification Booklet will include the following:

(1) Non-Applicability Statement;

(2) Compliance Certification Checklist;

(3) Certification Statement;

(4) Return to Compliance Form.

b. Along with the ERP Certification Booklet, the Department will also issue an ERP Compliance Certification Workbook (the "ERP Workbook"). The ERP Workbook will provide guidance to owners/operators regarding the performance of their ERP inspection and instructions for completing and submitting the ERP Certification Booklet.

c. Owners/operators shall return the completed ERP Certification Booklet to the Department within the time frame specified by the Director.

d. Neither the ERP Certification Booklet nor the ERP Workbook shall be construed to be a substitute for, or to waive, replace or supersede the requirements of these regulations. In the event of any conflict between these regulations and the ERP Certification Booklet or the ERP Workbook, these regulations shall prevail.

e. Neither the ERP Certification Booklet nor the ERP Workbook shall be construed to be an exhaustive compliance review. The Department reserves the right to target specific compliance issues through the ERP certification process without waiving any of the other requirements of these regulations.

f. Compliance with the ERP requirements contained in this rule shall not limit the Director's right to inspect any UST facility and its records at any reasonable time, with or without notice.

g. Nothing in this rule shall be construed to prohibit the Director from issuing ERP Certification Booklets more often than every three years. The Director may also issue ERP Certification Booklets to all UST facilities, individual UST facilities or targeted groups of UST facilities.

D. Mandatory Deadline for Permanent Closure of Single-Walled UST Systems (Tanks and/or Piping)

1. All existing tank and product pipeline and associated systems without secondary containment shall be permanently closed as follows:

a. With the exception of UST systems that store fuel oil of any grade that is consumed on-site solely for heating purposes, all single-walled tanks and/or piping installed prior to May 8, 1985 shall be permanently closed by December 22, 2017.

b. With the exception of UST systems that store fuel oil of any grade that is consumed on-site solely for heating purposes, all single-walled tanks and/or piping installed between May 8, 1985 and July 20, 1992 shall be permanently closed within thirty-two (32) years of the date of installation. If the installation date is not known, all single-walled USTs and/or piping must be permanently closed immediately.

E. Corrosion Protection

1. Except as provided in § 1.10(A) of this Part, the owners/operators of existing UST facilities shall have provided for corrosion protection of all unprotected steel tanks and metallic piping no later than December 22, 1998. Facilities shall have provided for corrosion protection by either:

a. Closing all tank systems which did not meet corrosion protection standards, and installing new or replacement tanks and piping which comply with § 1.11 of this Part.

b. Installation of an approved cathodic protection system to provide adequate corrosion protection for all existing tanks and piping.

2. Interior lining is no longer accepted as a method of corrosion protection. However, USTs lined prior to the effective date of these regulations are required to be inspected as follows:

a. Within 10 years after lining, and every five years thereafter, the lined tank shall be internally inspected in accordance with the standards for "Entry, Cleaning, Interior Inspection Repair and Lining of Underground Storage Tanks" incorporated above at § 1.3(S) of this Part and with "Interior Lining and Periodic Inspections of Underground Storage Tanks", incorporated above at § 1.3(R) of this Part. Follow-up internal inspections of lined tanks are not required when the tank has external cathodic protection meeting the requirements of § 1.10 of this Part.

b. Any pitting, tearing, discoloration, failure to adhere to the tank structure, or other damage shall be considered a lining failure. The USTs must be removed from service and permanently closed within 90 days.

c. Failed lining inspections must be reported to the Department by the inspector within 24 hours and the final report/results are to be submitted within 30 calendar days.

d. Records of all tank lining inspections are required to be permanently kept in accordance with § 1.13(B)(1)(a) of this Part.

3. All cathodic protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank system that contains regulated substances and is in contact with the ground.

4. All UST systems equipped with cathodic protection must be inspected and tested for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

a. All impressed current cathodic protection systems must be surveyed within six months of installation or repair, at least every two years following the installation date, and whenever construction or maintenance within 10 feet of any UST component, structure, or impressed current component or cabling occurs. The operational survey should include the following:

(1) A minimum of three measurements of anode-to-structure resistance and structure-to-electrolyte resistance for each protected component;

(2) A minimum of three measurements of structure-to-reference electrode potentials at all test stations (perform testing to verify structure polarization in accordance with the standards set forth in "Control of External Corrosion on Underground or Submerged Metallic Piping Systems" incorporated above at § 1. 3(N) of this Part or "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", incorporated above at § 1.3(P) of this Part);

(3) Verification of the accuracy of the display module readings;

(4) Adjustment of rectifier as required;

(5) Submission of written report of findings, to be kept in accordance with the permanent recordkeeping requirements cited in § 1.13(B)(1)(a) of this Part.

5. All sacrificial anode (galvanic or sti-P3) systems must be tested within six months of installation or repair, at least every three years following the installation date, and whenever construction or maintenance in the area of the structure occurs, in order to determine that the tank-to-soil potential reading relative to copper is - 850 millivolts or more negative. A minimum of three measurements for each protected component is required.

6. The criteria used to determine whether a cathodic protection system provides adequate cathodic protection must be in accordance with a nationally recognized code of practice, including but not limited to: "Standard for Safety External Corrosion Protection Systems for Steel Underground Storage Tanks, 3rd Editions", incorporated above at § 1.3(M) of this Part; "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", incorporated above at § 1.3(N) of this Part; "Control of External Corrosion on Underground or Submerged Metallic Piping Systems", incorporated above at § 1.3(O) of this Part; "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", incorporated above at § 1.3(P) of this Part; and "Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs", incorporated above at § 1.3(Q) of this Part.

7. All data collected during the cathodic protection survey, as well as the final result must be submitted by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. Any survey which shows that components are not receiving adequate corrosion protection must be reported to DEM within 24 hours. Submittals containing missing, incorrect, or falsified information, or results which do not follow the correct methods, will not be accepted and will invalidate the results of the test.

8. USTs with impressed current cathodic protection systems must also be inspected every 60 days by the owner/operator or designee to ensure the equipment is running properly. The following tasks must be performed:

a. Read and record the rectifier DC current output;

b. Read and record the rectifier DC voltage output;

c. Inspect the rectifier for physical damage.

9. For UST systems using cathodic protection, records of the operation, repair and testing of the cathodic protection system must be permanently kept in accordance with § 1.13(B)(1)(a) of this Part.

10. Cathodic protection systems shall not be shut off or deactivated at any time except for repair. Any malfunction must be repaired within 30 days of the first occurrence. If the device cannot be repaired within 30 days, then the affected UST system(s) shall be temporarily closed in accordance with § 1.15(C) of this Part until satisfactory repairs are made. Any cathodic protection systems which is unable to be repaired or has not been repaired within 180 days of any failed survey or test date will require the UST to be permanently closed in accordance with § 1.15(D) of this Part. Any deactivation or failure of a corrosion protection system shall be reported within 24 hours to the Department by the owner/operator or designee by calling (401) 222-2797.

11. Repairs to or replacements of existing UST cathodic system components, including the addition of supplemental anodes, require prior approval from the Department and shall be performed in accordance with "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", incorporated above at § 1.3(P) of this Part and/or the "Recommended Practice for the Addition of Supplemental Anodes to sti-P3 USTs", incorporated above at § 1.3(Q) of this Part . A report detailing the type and extent of work shall be submitted to the Director within thirty days of work completion.

F. Leak Detection for Existing Tanks - Except as provided in this Section, owners/operators of all existing facilities shall comply with the applicable leak detection requirements:

1. Double-Walled USTs - The following requirements apply to all double-walled USTs except those used for heating fuels for on-site use, emergency generators and waste oil/motor oil. See § 1.10(F)(4) through (6) of this Part for requirements for heating fuel, emergency generator and waste oil/motor oil USTs, respectively.

a. Interstitial space electronic monitoring system consistent with the requirements in §§ 1.11(N) and (O) of this Part shall be installed and operational at all times.

b. Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to be routinely tested for tightness and instead shall be continuously monitored for a change in fluid level in the reservoir and interstice. Any abnormal change in the brine or inert fluid in the interstitial and/or annular space shall must be immediately investigated and resolved. Any unresolved changes to the brine or inert fluid must be reported to DEM within 24 hours by calling (401) 222-2797.

c. A test for tightness on all USTs with a "dry" interstitial and/or annular space shall be performed when the tank has been installed for a period of twenty years, and once every two years thereafter.

d. Interstitial space testing methods shall be consistent with the tank manufacturer's protocol or an alternative method approved by the Director.

e. Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.

f. If the results of an interstitial space tightness test are fail, then the owner/operator must have the primary wall tightness tested within 48 hours.

(1) If the primary tank is demonstrated as being tight, any product remaining in the tank may be consumed for up to 30 days, and no additional product may be added until the tank has been repaired and passed a final tightness test

(2) If the primary wall is unable to be tested or fails tightness testing, the UST must be taken out of service and the contents of the tank must be removed within 24 hours. The tester who performed the test must immediately notify DEM by calling (401) 222-2797

(3) Within 30 days and prior to the addition of any product to the tank, a repaired UST must undergo an additional interstitial tightness test to confirm the tanks has been adequately repaired.

(4) All failed USTs must be repaired or replaced within 60 days in accordance with § 1.12 of this Part or placed into temporary closure in accordance with § 1.15(C) of this Part.

g. Test results are to be maintained at the facility at all times as permanent records in accordance with § 1.13(B)(1)(a) of this Part.

2. Single-Walled USTs - Leak detection requirements as follows:

a. Operate an approved automatic tank gauging system that tests for loss or gain of the contents stored, and is consistent with the requirements in § 1.11(D) of this Part.

b. Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifolded tank applications and meeting U.S. E.P.A. performance standards can be used). All leak test results shall be maintained in accordance with § 1.13(B)(1)(b) of this Part.

c. Perform daily and monthly inventory recordkeeping consistent with § 1.13(C) of this Part. Inventory records are required to be maintained on-site at all times in accordance with § 1.13(B)(1)(b) of this Part.

d. Perform a tank tightness test annually and in accordance with the requirements of § 1.10(H) of this Part.

3. Single-Walled USTs Upgraded with Interior Lining and/or Cathodic Protection - Leak detection requirements as follows:

a. Install and operate an approved automatic tank gauging system that tests for loss or gain of the substance stored and is consistent with the requirements in § 1.10(M) of this Part.

c. Perform daily and monthly inventory recordkeeping consistent with § 1.13(C) of this Part. Inventory records are required to be maintained in accordance with § 1.13(B)(1)(b) of this Part.

d. Perform a tank tightness test annually and in accordance with the requirements of § 1.10(H) of this Part.

4. Heating Oil USTs

a. UST facilities with single-walled USTs containing heating oil of any grade consumed solely on-site for heating purposes at commercial or industrial facilities are required to undergo tightness testing according to the following schedule:

(1) USTs installed prior to 12/31/1970 must be tested prior to 12/31/2021 and every 5 years thereafter

(2) USTs installed between 1/1/1971 - 12/31/1980 must be tested prior to 12/31/2022 and every 5 years thereafter

(3) USTs installed between 1/1/1981 - 12/31/1990 must be tested prior to 12/31/2023 and every 5 years thereafter

(4) USTs installed between 1/1/1991 - 12/31/2000 must be tested prior to 12/31/2025 and every 5 years thereafter

(5) USTs installed between 1/1/2001 - 12/31/2010 must be tested prior to 12/31/2027 and every 5 years thereafter

(6) USTs installed after 1/1/2011 must be tested when they reach 30 years of age and every 5 years thereafter

(7) For USTs where the installation date is unknown, the USTs must be tested prior to December 31st, 2021 and every five years thereafter.

(8) In the event a UST is constructed of concrete and is unable to be tightness tested using approved methods, a subsurface investigation shall be conducted on the same schedule outlined in § 1.10(F)(4)(a) of this Part.

b. UST facilities with double-walled USTs with a dry interstitial space that contain heating oil of any grade are required to undergo an interstitial tightness test once the tanks have been installed for a period of 30 years and every five years thereafter unless they are equipped with an interstitial space monitor

(1) For USTs where the installation date is unknown, the UST(s) must be tested prior to December 31st, 2021 and every five years thereafter.

c. Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to undergo interstitial tightness testing as long as the interstitial space is continuously monitored for a change in fluid level via approved leak detection equipment.

d. Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.

5. Emergency Generator and Generator USTs

a. USTs serving an emergency generator, and/or USTs whose stored substance serves both an emergency generator and an on-site boiler, shall comply with leak detection requirements as follows:

(1) Single-walled USTs used for emergency generators are required to undergo tightness testing biennially (e.g., once every two years).

(2) Single-walled USTs are required to install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored, and is consistent with the requirements in § 1.10(M) of this Part.

(3) Double-walled USTs shall be equipped with a continuous interstitial space electronic monitoring system consistent with the requirements in §§ 1.11(N) and (P) of this Part.

(4) Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to undergo interstitial tightness testing as long as the interstitial space is continuously monitored for a change in fluid level via approved leak detection equipment.

(5) All double-walled USTs used for emergency generators with a dry interstitial space are required to undergo an interstitial tightness test once the tanks have been installed for a period of 30 years and every two years thereafter.

(6) Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.

(7) If the results of an interstitial space tightness test are fail then the owner must have the primary wall tightness tested within 48 hours. If the primary tank is demonstrated as being tight, the UST shall be repaired within 60 calendar days and in accordance with § 1.12 of this Part. Any product remaining in the tank must be consumed or removed within 30 days, and no additional product may be added. If the primary wall is unable to be tested or fails tightness testing, the contents of the tank must be removed within 24 hours. Within 30 days and prior to the addition of any product to the tank, a repaired UST must undergo an additional interstitial tightness test to confirm the tank has been adequately repaired. If the UST is unable to be repaired within 60 days and in accordance with § 1.12 of this Part, the UST must be permanently or temporarily closed in accordance with § 1.15(D) of this Part. Variances to allow single-wall operation are not permitted.

b. Diesel generator USTs used for the production of commercial electricity are regulated in accordance with §§ 1.10(F)(1) and 1.10(F)(2) of this Part.

6. Waste Oil USTs and Motor Oil USTs - UST's used to store waste oil or motor oil shall comply with leak detection requirements as follows:

a. Double-walled USTs shall be equipped with a continuous interstitial space electronic monitoring system consistent with the requirements in §§ 1.11(N) and (P) of this Part. A test for tightness on the interstitial space between the tank's walls shall be performed when the tank has been installed for a period of 30 years and every two years thereafter, in accordance with § 1.10(F)(1) of this Part.

b. Double-walled USTs with a brine solution or other inert liquid in the interstitial space are not required to have this test performed and instead shall be continuously monitored for a change in fluid level in the reservoir and interstice.

c. Single-walled USTs with a capacity greater than 2,000 gallons shall comply with the following requirements:

(1) Install and operate an approved automatic tank gauging system that tests for loss or gain of the contents stored and is consistent with the requirements in § 1.10(M) of this Part.

(2) Perform a leak test capable of detecting a leak rate of 0.2 gallons per hour or less at least once per month. For manifolded USTs a leak test is required for each tank separately (or a continuous statistical leak detection system certified for manifold tank applications and meeting U.S. E.P.A. performance standards can be used). Leak test results shall be maintained in accordance with § 1.13(B)(1) (b) of this Part.

(3) Perform a tank tightness test at five year intervals once a monitoring device has been installed, until such time as the tank has been installed for a period of twenty years; thereafter, tank tightness tests shall be conducted once every two years. Single-walled tanks that have been installed for a period of 30 years shall have a tightness test performed annually beginning in 2015, and all single-walled tanks shall be permanently closed in accordance with the schedule outlined in § 1.10(D) of this Part. Tank tightness tests shall be consistent with § 1.10(H) of this Part.

d. Single-walled USTs with a capacity of less than or equal to 2,000 gallons shall comply with either § 1.10(F)(6)(c) of this Part or with the manual tank gauging and tightness testing requirements listed below:

(1) Perform an annual tank tightness test consistent with § 1.10(H) of this Part.

(2) Perform inventory recordkeeping and leak reporting as follows:

(AA) Once a week take the tank out of service for a period of 36 hours.

(BB) Take liquid level measurements before and after the 36-hour shut down period.

(CC) Once a month reconcile your 4 weeks of data in accordance with the Department's Manual Tank Gauging Record Sheet.

7. Heating Oil USTs Used for Off-Site Consumption

a. UST systems storing heating oil of any grade that is consumed off-site shall comply with the leak detection requirements outlined in §§ 1.10(F)(1) through (3) of this Part.

G. Leak Detection for Product Pipelines

1. Except as provided in § 1.10 of this Part, all UST facility owners/operators shall ensure that all existing product pipelines associated with their UST facilities are compliant with the following requirements. Product pipelines that are contained inside a trench or trough (e.g. "Fiber-Trench") shall be considered single-walled.

2. Double-Walled Product Pipelines

a. All double-walled product piping shall be equipped with continuous electronic interstitial or annular space monitoring that is consistent with §§ 1.11(N) and (P) of this Part.

b. Tightness testing of the interstitial or annular spaces of double-walled product piping is required as follows:

(1) A test for tightness on the interstitial space shall be performed upon installation and when the piping system has been installed for a period of twenty years, and once every two years thereafter.

(2) Interstitial space testing shall be consistent with the piping manufacturer's protocol or an alternative recognized method approved by the Director.

c. Tightness tests shall be conducted in accordance with the requirements of § 1.10(H) of this Part.

d. If the results of an interstitial space tightness test are fail, however there is no evidence of a release, the owner shall have the primary product pipeline wall tested for tightness within 48 hours

(1) If the primary product pipeline wall is demonstrated as being tight, any product remaining in the failed product pipeline and all directly-connected USTs that the product pipeline services may be consumed for no longer than 30 days. Additional product may not be added to any UST which services the failed product pipeline until the pipeline has been repaired or replaced in accordance with § 1.12 of this Part and passed a final tightness test and demonstrated to be tight.

(2) Within 30 days of a repair and prior to placing the piping system back into regular operation, any repaired product pipeline shall be retested.

(3) All product pipeline interstitial space tightness test reports shall be maintained by the owner/operator on-site at all times as permanent records in accordance with § 1.13(B)(1)(a) of this Part.

(4) If the primary wall of the product pipeline is unable to be tested or fails tightness testing, the tester must immediately notify DEM and the owner shall immediately take the failed product line out of service and evacuate its contents. Additional product may not be added to any UST which services the failed product pipeline until the pipeline has been repaired or replaced in accordance with § 1.12 of this Part and passed a final tightness test and demonstrated to be tight.

(5) All failed product pipelines must be repaired or replaced within 60 days in accordance with § 1.12 of this Part or placed into temporary closure in accordance with § 1.15(C) of this Part.

3. Single-Walled Product Pipelines

a. All single-walled product pipeline, including pressurized, U.S. suction, and European suction, shall be tested for tightness by a 3rd party licensed tightness tester upon installation and then annually thereafter.

b. Product pipeline tightness tests shall be consistent with § 1.10(H) of this Part.

c. Electronic line leak detectors that are third-party certified to meet U.S. E.P.A. performance standards may be used to satisfy § 1.10(G)(3)(a) of this Part. Such equipment shall be utilized to perform a 0.1 gallon-per-hour precision test at least once per year at full pump pressure. All 0.1 gallon-per-hour precision test reports shall be maintained as permanent records in accordance with § 1.13(B)(1)(a) of this Part. All failed tests shall be immediately reported to the Director by the tester in accordance with § 1.14 of this Part. Electronic line leak detectors shall also be tested annually for proper operation by qualified personnel certified by the manufacturer and in accordance with § 1.10(I) of this Part.

d. Alternative leak detection methods for product pipelines that are equivalent in accuracy and reliability to the methods listed may be approved by the Director pursuant to § 1.20 of this Part.

H. Tank, Product Pipeline, and Interstitial Space Tightness Testing Requirements -Tank, product pipeline, and interstitial tightness testing shall be consistent with the following:

1. Tightness test methods shall be capable of detecting a 0.1 gallon-per-hour leak rate from the entire tank system, while accounting for the effects of thermal expansion or contraction of product, vapor pockets, tank deformation, evaporation, condensation and the location of the water table. The probability of detection shall be no less than 95 percent and the probability of a false alarm shall be no more than five percent.

2. All persons who conduct tightness tests on underground storage tanks located in the State of Rhode Island are required to be licensed in accordance with § 1.16 of this Part.

3. The 3rd party licensed tester and/or the licensed testing company performing the test is solely responsible for submitting all data collected during the tightness test, including final test results, to the Department

4. The test data and final results must be recorded on the DEM-provided form and submitted by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will be deemed a violation of these regulations.

5. If the results of the tightness test are fail the tester must immediately report the failed result to DEM by calling (401) 222-2797.

6. In addition to the reporting requirements of § 1.10(H)(4) of this Part, a release characterization report shall be submitted by the owner/operator within seven days for test results which are fail.

7. The testing company shall notify the Department of the date that the testing will be conducted at least seven days in advance.

8. Failure of the licensed tightness tester to comply with these rules will make the tester, and the company that employs the tester, jointly and severally liable for any penalty assessed by the Department against the owner/operator for the late filing or failure to file the results of these tests and may subject the tester and/or company to penalties under § 1.16(E) of this Part.

9. UST, product pipeline, and interstitial space tightness test reports are to be maintained on-site as permanent records in accordance with § 1.13(B) (1)(a) of this Part.

I. Line Leak Detectors

1. All underground storage tanks at existing facilities that are equipped with pressurized product pipelines are required to be fitted with an approved line leak detector by May 8,1987. Line leak detectors shall be tested for proper operation by simulating a leak annually and upon installation/replacement by a trained, qualified 3rd party in accordance with the manufacturer's requirements and procedures. Mechanical line leak detectors are required to be able to detect a leak [GREATER THAN EQUAL TO] 3 GPH, while an electronic line leak detector is required to be able to detect a leak of [GREATER THAN EQUAL TO] 0.1 GPH. "Failed" or defective line leak detectors shall be replaced immediately by trained, qualified persons. The operation of a pressurized product pipeline system with a defective or missing line leak detector is prohibited. All data collected during the test, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.

J. Shear/Crash/Impact Valves

1. Remote pumping systems, including dispensers, shall be equipped with an emergency shut-off valve designed to close automatically in the event that a dispensing unit is significantly impacted or exposed to fire. The valves must be securely mounted below grade and in accordance with the manufacturers recommendations and requirements. The automatic closing feature of this valve shall be tested by manually tripping the hold-open linkage at the time of installation and at least annually thereafter. "Failed" or defective valves shall be replaced immediately by trained, qualified persons. Testing shall be performed by the owner/operator or trained, qualified persons. All data collected during the test, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part. Any modifications must be consistent with § 1.11(M)(5) and 1.11(O)(6) of this part.

K. Anti-Siphon Valves

1. When an underground storage tank is located at an elevation that produces a gravity head on the dispensing unit, the tank outlet shall be equipped with a device (such as a solenoid valve) that will prevent gravity flow from the tank to the dispenser. This device shall be positioned, installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser in the event of a pipeline or dispenser hose failure that occurs while the system is not in use.

L. Check Valves

1. Suction product pipeline systems shall be equipped with a functioning check valve located directly below, and as close as practical to, the inlet of the suction pump.

M. Operation and Testing of Leak Monitoring Equipment

1. Leak monitoring devices shall be installed, calibrated, operated and maintained in accordance with the manufacturer's instructions, including routine maintenance and service checks for operability or running conditions.

2. Leak monitoring devices shall not be shut off or deactivated at any time except for repair. Any malfunction shall be repaired within 15 calendar days of its first occurrence. If the device(s) cannot be repaired within 15 days, then the affected system(s) shall be temporarily closed in accordance with § 1.15(C) of this Part until satisfactory repairs are made. The operator shall perform daily manual tank gauging and inventory recordkeeping in the event of a monitoring system malfunction or deactivation. Any deactivation of a monitoring device shall be immediately reported to the Director by the owner/operator.

3. Leak monitoring devices shall employ an audible alarm and a visual indicator, which shall be so located as to be readily heard and seen by the operator or other personnel during normal working hours. Covering or otherwise obstructing the view of a monitoring system console is prohibited. The owner/operator shall immediately respond to and investigate all alarms and warnings.

4. All monitoring devices shall be conspicuously marked or labeled as being monitoring devices and shall be secured against vandalism, incidental damage and improper deactivation.

5. All continuous monitoring systems and alarms (e.g., console) shall be checked for proper operation by the designated Class A or B UST facility operator on a monthly basis to ensure that they are operating as designed. Records of such tests shall be maintained by the owner/operator in accordance with §§ 1.10(U)(5)(k) and 1.13(B)(1)(b) of this Part. If the continuous monitoring system has a battery backup, it must be tested for proper operation on an annual basis.

6. Any facility that has a positive shut-down device or configuration which is designed to stop operation of the STP pump or dispensers when liquid is detected in a sump or other indicators of a release are detected, must be checked for proper operation annually by a qualified 3rd party. All positive shut-down triggers present at the site (e.g., liquid level sensor in sumps) must be activated by the tester to confirm the STP and/or dispensers are disabled as designed.

7. The automatic tank gauge (ATG) probe and sensors shall be removed and inspected for proper configuration and operation annually by a qualified 3rd party contractor.

8. All probes and sensors connected to the continuous monitoring system shall be inspected and tested for proper operation on an annual basis by a qualified 3rd party contractor. At a minimum, the following must be checked:

a. The probes and sensors are not coated with or contain significant residual buildup which may impede proper operation;

b. If floats are present, they move freely and the shaft is not damaged;

c. All cables are free of kinks, breaks, fraying, or other damage;

d. Communication and operability between the probes and sensors and the continuous monitoring system is intact.

9. All leak-monitoring devices shall be inspected, calibrated and tested annually to ensure effective operation that is consistent with the manufacturer's specifications. Such testing shall be performed by trained, qualified persons and in accordance with the manufacturer's requirements and specifications. All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.

N. Spill Containment Basins, Sumps, Under-dispenser containment, and Overfill Prevention

1. Spill Containment Basins

a. All underground storage tanks are required to have liquid-tight spill containment basins around all fill pipes. Spill containment basins must be capable of holding a minimum of three gallons of liquid. Spill containment basins are required to be properly maintained, in good condition, and kept free of water, product, liquid or debris. Spill containment basins shall be inspected weekly and before and after deliveries.

b. Single-walled spill containment basins are required to be tested for tightness prior to October 13th, 2021 and a minimum of every three years thereafter using a method approved by the Director.

(1) Any single-walled spill containment basin which has failed tightness testing must repaired or replaced within 30 days. Single-walled spill containment basins shall not be repaired unless the manufacturer explicitly allows it, has an established procedure, and makes the repair materials and/or parts available. Ad hoc, repairs using unapproved components or materials, and other unauthorized repairs not explicitly allowed by the manufacturer are prohibited.

(2) Spill containment basin tightness test results must be submitted to DEM within 7 days of the failed test or within 30 days of a passing test.

c. Double wall spill containment basins must have an interstitial or annular space that can be continuously or periodically monitored for tightness using a method approved by the Director to be considered double walled. The interstitial or annular space must cover all underground portions of the spill containment basin.

(1) The interstitial space of double-walled spill containment basins must be inspected monthly by the "Class A", "Class B", or "Class A/B" operator to ensure the interstitial space is tight beginning October 13th, 2021 as part of the monthly inspections required by § 1.10(U)(5)(k) of this Part.

(2) If the monitoring device or 3rd party testing indicates the interstitial space is no longer liquid tight, the spill containment basin shall be considered single-walled and subject to the requirements of § 1.10(N)(b)

(3) If the interstitial monitoring device or additional testing indicates a failure, but either the primary or secondary wall remains liquid-tight, the spill containment basin may be regulated as single-walled and subject to the requirements of § 1.10(N)(1)(b) of this Part. The spill containment basin must be repaired in accordance with the manufacturers recommendations, or replaced, within 180 days.

(4) DEM must be notified within 24 hours of any spill containment basin interstitial monitoring device which indicates primary or secondary wall failure and prior to any replacement.

(5) All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.

d. Double-walled spill containment basins that are not capable of interstitial space tightness monitoring or testing shall be regulated as single-walled and are subject to the requirements of § 1.10(N)(1) (b) of this Part and are required to undergo tightness testing every three years.

2. Overfill Prevention

a. All underground storage tanks at existing facilities required to be registered by these regulations are required to have overfill prevention in accordance with § 1.11(L) of this Part, with the following exceptions:

(1) USTs used to store heating fuels consumed on-site solely for heating purposes and installed prior to July 21, 1992; and

(2) USTs that never receive more than 25 gallons at one time.

b. Overfill prevention equipment must be inspected and tested by October 13, 2021 and annually thereafter to ensure that overfill prevention equipment is set to activate at the correct level specified and will activate when regulated substance reaches that level.

(1) If an overfill alarm is present, it must be fully functional and visible from all product fill locations. The audible alarm and indicator light must be operational and be activated when product level reaches 90% of indicated capacity. The associated in-tank liquid level sensors must be removed annually and checked for proper operation.

(2) If a fill tube overfill prevention device (e.g., "Flapper Valve") is present, it must be removed annually and inspected to ensure it is free from obstructions and that the float moves freely. The tube length and installation depth must be verified as correct such that it completely stops fuel flow when product level reaches 95% of tank capacity.

(3) If a flow restriction ball float vent valve is present, it must be removed annually and visually inspected to ensure that it is fully operational, free from obstructions, damage, or missing pieces. The device length and installation depth must be verified as correct such that it begins to restrict flow once the product level reaches 90% of indicated capacity. If a flow restriction ball float vent valve is damaged or otherwise nonfunctional, it must be removed and replaced with an alternative overfill prevention device. The flow restriction ball float vent valve may not be repaired or replaced for any reason as they are no longer accepted as an approved overfill prevention method for new installations or repairs as outlined in § 1.11(L) of this Part. When installing a new overfill protection device all components of the flow restriction ball float vent valve must be removed as they can interfere with the proper operation of the new overfill protection device.

(4) All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records in accordance with § 1.13(B)(1)(a) of this Part.

c. Within 30 days following any repair to overfill prevention equipment, the repaired overfill prevention equipment must be tested to ensure it is operating properly.

3. Sumps & Under-Dispenser Containment - All piping collection, tank top, and transition sumps and under-dispenser containment shall comply with the following requirements:

a. All sumps and under-dispenser containment shall be maintained such that all penetration fittings and entry boots are in good condition and free from cracking, dry rot, or other damage.

b. All sensors are secured in an upright position and located no more than one inch above the lowest point of the sump.

c. Sumps and under dispenser containment shall be visually inspected at least annually and whenever an alarm or warning from a leak monitoring device indicates the presence of product, water, or other liquids.

d. Single-walled sumps and under-dispenser containment that provide secondary containment and/or are used for interstitial monitoring of piping shall be tested for tightness prior to October 13th, 2021 and a minimum of every three years thereafter using a method approved by the Director.

(1) If a sump or under-dispenser containment fails a tightness test, all associated tanks, piping, or dispensers which rely upon that component for secondary containment monitoring or spill prevention must be immediately taken out of service and temporarily closed. The impacted UST components shall not be allowed to return to service until the sump or under-dispenser containment has been replaced or repaired and satisfactorily passed an additional tightness test.

(2) DEM must be notified within 24 hours of any failed tightness test and a leak characterization report filed if required by § 1.14(G) of this Part.

(3) Any repairs to sumps or under-dispenser containment must be completed in accordance with the manufacturers approved methods and materials or using best available technologies and materials and require prior approval from DEM. All materials used must demonstrate long-term compatibility with sump, under-dispenser containment, and tank and product pipeline construction materials as well as rated for continuous use in the presence of gasoline, diesel, kerosene, ethanol, biodiesel, and all grades of heating fuel.

(4) Any repaired or replaced sumps and under-dispenser containment basins must be tested using an approved tightness testing method prior to being returned to service, and the facility owner must receive written permission from DEM prior to placing product into the UST system and returning to service.

e. Double-walled sumps and under-dispenser containment that provide secondary containment and/or are used for interstitial monitoring of product pipeline must meet the following requirements:

(1) Double-walled sumps and under-dispenser containment which have interstitial monitoring using a method approved by the Director must have the interstitial space inspected by the Class A/B operator prior to October 13th, 2021 and monthly thereafter as part of the monthly UST facility walkthrough inspection.

(2) Double-walled sumps and under-dispenser containment which do not have periodic interstitial monitoring completed at least every 30 days must undergo an interstitial space tightness test prior to October 13th, 2021 performed by a qualified 3rd party using a method approved by the Director and every 3 years thereafter.

(3) If the installed interstitial space monitoring device or additional testing indicates a failure of the interstitial space tightness, then the sump or under-dispenser containment, and all components which rely on it for spill prevention or leak detection, must be immediately taken out of service.

(4) If the interstitial monitoring device or additional testing indicates failure of the secondary wall, but the primary wall remains liquid-tight, the sump or under-dispenser containment may be regulated as single-walled and is subject to the requirements of § 1.10(N)(3)(d) of this Part. Double-walled sumps or under-dispenser containment without the ability the test the interstitial space for tightness shall be regulated as single-walled and are subject to the requirements of § 1.10(N)(3)(d) of this Part and are required to undergo tightness testing prior to October 13th, 2021 and every three years thereafter. A variance from DEM is required prior to commencing operation under these conditions.

(5) DEM must be notified within 24 hours of any failed sump or under-dispenser containment tightness test and must approve all repairs and returning the repaired sump to service.

(6) All data collected during these tests, as well as the final results, must be recorded on the DEM-provided form and submitted to DEM and the UST system owner/operator by the tester and/or the testing company within 30 calendar days of completion of a passing test and seven calendar days for failed tests. This form must be completed in its entirety and results submitted on other forms or in other formats, or results missing information, will not be accepted and may be rendered invalid. The UST system owner/operator is required to maintain these test results as permanent records, in accordance with § 1.13(B)(1)(a) of this Part.

f. Installation of Under Dispenser Containment

(1) Replacement or removal of the dispenser, replacement or repair of the product pipeline or UST shall require installation of liquid-tight under-dispenser containment at every dispenser if not already present. Installation of under-dispenser containment must be consistent with § 1.11(M)(5) of this Part.

(2) All dispensers at facilities requiring leak monitoring shall be required to have liquid-tight under dispenser containment prior to December 31st, 2024.

(3) All under dispenser containment shall be tested for tightness in accordance with § 1.10(N)(3) of this Part.

O. Submerged Fill Tube

1. Except as provided in § 1.10(A) of this Part, all USTs are required to be equipped with a submerged fill tube.

P. Fill Pipe Labeling

1. All fill pipes and/or fill box covers shall be permanently labeled or otherwise permanently marked, so that the product inside the tank is identified. Standards set forth in "Using the API Color- Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals, 3rd Edition", incorporated above at § 1.3(V) of this Part may be used to satisfy this requirement.

Q. Groundwater Monitoring Wells and UST Pad Observation Wells

1. All groundwater monitoring wells and tank pad observation wells that are finished at ground level must meet the following requirements:

a. Be equipped with a labeled and tamper-resistant cover. Labels shall identify them as being groundwater monitoring or observation wells.

b. Be fitted with a locking gripper cap or plug.

c. Cannot be screened to the top in order to prevent surface water from infiltrating the wells.

d. Be maintained so as to assure the prevention of pollutants from entering into the well.

e. Groundwater monitoring wells no longer used to gather information on geologic or groundwater properties shall be permanently abandoned in accordance with RIDEM "Groundwater Quality Rules"

R. Recordkeeping

1. Owners/operators of existing facilities shall maintain records documenting compliance with the provisions of § 1.10 of this Part, in accordance with § 1.13 of this Part.

S. Handling of Liquids Generated During Operation and Testing of UST Components

1. Any liquids generated from the operation of a UST or UST facility, including liquid removed from spill containment basins, piping sumps, or under dispenser containment, or liquid used during hydrostatic testing of these components, shall be disposed of properly and in accordance with applicable Federal, State, and local requirements.

T. Delivery Prohibition

1. The Director shall classify all USTs located at a facility as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials, after providing written notice and within seven days of determining that one or more underground storage tanks at the facility has one or more of the following violations:

a. Failure to have the required spill prevention equipment installed, per § 1.10 of this Part.

b. Failure to have the required overfill protection equipment installed, per § 1.10 of this Part.

c. Failure to have the required leak detection equipment installed, per; § 1.10 of this Part; or d. Failure to have the required corrosion protection equipment installed, per § 1.10(E) of this Part.

e. Failure to maintain significant compliance with this Part or at the discretion of the Director

2. The Director may classify all USTs located at a facility as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials, if the owner/operator fails to complete corrective action and submit documentation within 60 days following written notice from the Department of one or more of the following violations:

a. Failure to properly operate and/or maintain leak detection equipment, perform tank or pipeline tightness testing, and/or compile inventory control records per §§ 1.10(F) through (I), 1.10(Q) and 1.13(B) of this Part.

b. Failure to properly operate and/or maintain spill prevention, overfill protection, or corrosion protection equipment per §§ 1.10(E) and (N) of this Part.

c. Failure to maintain financial responsibility per §§ 1.8 and 1.9 of this Part.

d. Failure to register or maintain registration including payment of all required fees; or

e. Failure to obtain or maintain required certification for Class A, Class B and/or Class C operator(s) per § 1.10(U) of this Part.

3. Upon classification of a UST system as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials, the Department shall determine and record the inventory of regulated substances or hazardous materials remaining in each of the USTs located at the facility and a red tag shall be affixed by the Department to the fill pipe(s) of all USTs located at the facility. The tag or device must be:

a. Located on the fill pipe of the UST;

b. Affixed in a manner that it is easily and immediately visible to the product deliverer; and

c. Affixed in manner that it cannot be removed and reattached without obvious visual evidence.

4. No owner, operator, product deliverer or other person shall deliver, deposit, or accept regulated substances or hazardous materials into a UST which has a red tag affixed to the fill pipe.

5. No owner, operator, product deliverer, or other person shall remove, deface, alter, or otherwise tamper with a red tag affixed to a UST fill pipe.

6. A red tag shall remain affixed to a UST classified as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials until:

a. The UST is returned to compliance for the violations causing classification of the UST as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials;

b. The owner/operator submits notification to the Department that the violations causing the UST to be classified as ineligible for delivery, deposit, or acceptance of regulated substances or hazardous materials have been corrected. Such notification shall be a written report detailing all actions that have been taken to return to UST to compliance and including verification such as test reports, invoices, receipts, inventory records, etc.; and

c. As soon as practicable, and within seven days after notification of the corrections, the Department will perform a review sufficient to determine compliance and reclassify, or cause to be reclassified, the UST as eligible for delivery, deposit, or acceptance of regulated substances or hazardous materials. For this Section, "reclassified" shall mean the physical removal of the "Red Tag" by the Department or an individual specifically authorized by the Director to remove such tags.

7. USTs that are not brought into compliance including submission of all required notification and documentation to the Department within 30 days after a red tag has been affixed, shall, be immediately placed into temporary closure in accordance with § 1.15(C) of this Part.

8. USTs that are not brought into compliance including submission of all required notification and documentation to the Department within 180 days after a red tag has been affixed, shall be immediately permanently closed in accordance with § 1.15(D) of this Part.

9. The Director may delay classifying a facility as ineligible for delivery, deposit or acceptance of regulated substances or hazardous materials for up to 180 days if the Department determines that prohibiting deliveries to the UST(s) would jeopardize health and safety or the availability of fuel to the community.

U. Operator Training and Certification Requirements

1. The designation of a Class A, Class B, or Class C operator does not limit or relieve the duties of the UST facility owner and/or operator to comply with the legal responsibilities under § 1.2 of this Part.

2. Effective August 1, 2012, all UST facilities shall have operators that are trained and certified according to the requirements of this Section. All UST facility owners/operators shall designate three classes of operators to each of their UST facilities: Class A, Class B, and Class C.

a. Any facility that contains two or more UST systems operating independently and maintained by separate and distinct operators must have Class A, Class B, and Class C operators designated for each UST system.

3. A facility may have more than one individual designated for each class of operator. An individual certified as a Class A or Class B operator may be designated to more than one UST facility.

a. The same individual may serve as Class A, Class B, and Class C operator at a facility, provided the individual is trained and certified in each Class.

b. Prior to August 1, 2012, owners/operators must complete and submit the DEM-provided form designating Class A and Class B operators to each facility, and shall immediately submit an updated form whenever there is a change in designated Class A and Class B operators.

c. After August 1, 2012, all new Class A and Class B operators shall be trained and certified within 30 days of assuming responsibility for a UST facility.

d. Class C operators must be trained prior to assuming the responsibilities of a Class C operator.

e. All facility owners/operators must maintain, and revise when changes occur, a list of all its Class C operators assigned to the facility. The list shall include the latest date of training, and the name of the Class A or Class B operator that trained each Class C operator.

4. Owner(s)/operator(s) of UST facilities shall ensure that:

a. A facility continuously has one or more individuals designated as Class A, Class B, and Class C operators who are certified according to this Section.

b. New or replacement Class A and Class B operators are certified and registered with the Department within 30 days of assuming the responsibilities of these classes.

c. No dispensing of substances regulated under this rule occurs at a UST facility without the presence of a Class A, Class B, or Class C operator.

5. The Class A operator is an individual who has the primary statutory and regulatory responsibility for maintenance and operation of the UST facility. This individual shall be trained to have an understanding of the statutory and regulatory requirements that relate to the permitting of the facility, including: financial responsibility; spill containment; overfill protection; release detection; corrosion protection; emergency response; product compatibility; notification requirements; release and suspected release reporting; temporary and permanent closure requirements; reporting and recordkeeping requirements; and operator training requirements. The Class A operator shall, at a minimum:

a. Ensure proper operation and maintenance of the UST system.

b. Ensure proper recordkeeping.

c. Ensure records can be made available to the Department during inspections or upon request.

d. Ensure a proper response to emergencies caused by releases or spills from UST systems.

e. Make financial responsibility documents available upon request to the Department.

f. Ensure that the facility has certified Class B operators registered with the Department.

g. Ensure that the Class C operators are trained to respond to emergencies caused by releases or spills from the UST system.

h. Notify the Department of changes to designated Class A and B operators at a UST facility and submit updated forms as necessary.

i. Be immediately available for consultation by telephone when the facility is operating.

j. Be on-site within 24 hours of a request to respond to the facility by emergency response personnel or the Department, or within a timeframe approved by the Department.

k. Conduct inspections of the UST facility at least once every 30 days and complete the Department monthly inspection checklist accordingly, if this responsibility has not already been fulfilled by the Class B operator.

l. Ensure proper UST system testing and inspections are completed in accordance with this Part.

6. The Class B operator is an individual who shall implement the day-to-day aspects of the operation and maintenance of a UST system(s). This individual shall be trained to have a practical and regulatory understanding of the components of a UST system and its proper operation, including: spill containment; overfill protection; release detection; corrosion protection; emergency response; and product compatibility. The Class B operator shall, at a minimum:

a. Ensure that all applicable Sections of § 1.10 of this Part are met including, but not limited to; spill containment, overfill protection, leak detection, and corrosion protection.

b. Notify the Department of changes to designated Class A and Class B operators at a UST facility and submit updated forms as necessary.

c. Ensure that the Class C operators are trained to respond to emergencies caused by releases or spills from the UST system.

d. Maintain the list of trained Class C operators with training dates and names of the Class A and/or Class B operator who provided the training.

e. Be available for consultation by telephone when the facility is operating.

f. Be available within four hours of a request to respond to the facility by emergency response personnel or the Department, or within a timeframe approved by the Department.

g. Conduct inspections of the UST facility at least once every 30 days and complete the Department monthly inspection checklist accordingly, if this responsibility has not already been fulfilled by the Class A operator.

h. Ensure proper UST system testing and inspections are completed in accordance with this Part.

7. The Class C operator is an individual who is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual shall be trained to recognize and respond to emergencies caused by releases or spills from the UST system, and be familiar with the facility layout and with reading alarm enunciator panels. Except as specified in § 1.10(U)(8) of this Part, a Class C operator shall:

a. Be present at the facility during all operating hours.

b. Control or monitor the dispensing or sale of regulated substances from the UST system.

c. Properly respond to alarms or releases.

d. Notify the Class A or Class B operator and appropriate emergency responders when there is a spill or other emergency.

e. Be knowledgeable about and have access to the location of UST facility records.

8. Unmanned UST facilities are those that might not normally have Class C operators on-site during operation (e.g., state/municipal fueling facilities). Unmanned UST facilities shall:

a. Have written approval to operate as an unmanned facility before operating without a Class C operator being present during all operating hours. Any request to operate as an unmanned facility must be submitted to the Department in writing.

b. Have certified Class A and Class B operators designated to the facility and registered with the Department.

c. Have a sign posted that lists both the name and telephone number of the Class A operator, the Class B operator, the facility owner/operator, 911, and local emergency responders. The sign must also include a statement which advises persons to call these numbers in the event of a spill or other emergency. This sign must be posted so that if an emergency occurs the person fueling the vehicle or filling the USTs can read it. A designated person(s) must be available to respond to emergencies immediately when the owner or operator is contacted.

9. Except for the requirement listed in § 1.10(U)(9)(d) of this Part, the Class A or Class B operator shall conduct an on-site inspection at least once a month and complete the Department monthly inspection checklist. Results of these inspections shall remain on file at the facility for three years and be made available at the time of a Department inspection.

a. If the Class A or Class B operators notes that a facility is not in compliance during a monthly inspection, these observations must be fully documented on the Department monthly inspection checklist.

b. The owner/operator of the facility must also provide their signature on that same Department monthly inspection checklist acknowledging the site deficiencies.

c. If the same non-compliance issues are observed during the walkthrough inspections for three consecutive months at a facility, the Class A and Class B operator should notify the Department.

d. The Class A or B operator of a UST facility in approved temporary closure per the requirements of § 1.15(C) of this Part must complete an on-site inspection of the facility once every six months and complete the monthly inspection checklist provided by the Department.

10. Certification and Training Requirements

a. Operator knowledge for all Class A and Class B operators must be demonstrated by the passing of an exam or other methods which test applicable knowledge approved by the Department. Certification as a result of passing this exam will be valid for five years from the date of passing provided the facility remains in compliance with these regulations.

b. A copy of this certification must be submitted to the Department with the appropriate registration form for Class A and Class B operators.

c. Class C operators must be trained every two years, by a Class A or B operator.

11. Reciprocity

a. Passing any other New England State approved-exam administered by ICC will be an acceptable means of demonstrating knowledge and a certificate of passing must be submitted to the Department. A certificate of passing of any other New England ICC exam will be good for five years provided the facility remains in compliance with these regulations. After five years, that Class A and/or Class B operator must pass the Rhode Island ICC exam and submit a copy of that certification to the Department.

b. If a new operator in RI has demonstrated knowledge from passing an exam approved by another state (not administered by ICC), that certificate is allowed as an acceptable means of demonstrating knowledge for a period of one year from the date of form submittals to the Department, provided the facility remains in compliance with these regulations. After one year, that Class A and/or Class B operator must pass the Rhode Island ICC exam and submit a copy of that certification to the Department. A facility owner/operator may not designate Class A and/or Class B operators with other-state certifications in consecutive years without Department approval.

12. If a facility is not in compliance with these regulations at the time of a Department or EPA conducted UST compliance inspection then the Class A and/or Class B operators shall be required to be retrained and recertified as specified below:

a. Class A operators shall be retrained and re-certified if any facility for which they provide oversight is determined by the Department to be significantly out of compliance with the requirements of these regulations for which a Class A operator is responsible as provided in § 1.10(U)(5) of this Part.

b. Class B operators shall be retrained and re-certified if any facility for which they provide oversight is determined by the Department to be significantly out of compliance with requirements of these regulations for which a Class B operator is responsible as provided in § 1.10(U)(6) of this Part.

c. Class A and Class B operators that require retraining shall be retrained and recertified within 30 days of the date of the Department's letter of non-compliance. The Class A and/or Class B operator shall submit a copy of the recertification to the Department immediately.

250 R.I. Code R. 250-RICR-140-25-1.10

Amanded effective 11/20/2018