250 R.I. Code R. 250-RICR-140-25-1.16

Current through December 26, 2024

Section 250-RICR-140-25-1.16 - Approval of Tank and/or Line Tightness Tests, Leak Detection Methods and Licensing Requirements

A. Applicability

1. This Section applies to all companies and persons who conduct tightness or leak detection tests on underground storage tanks and product pipelines located in Rhode Island, and the manufacturer or developer of the tests.

B. Prohibition

1. No person shall conduct tightness or interstitial testing on underground storage tanks or tank components in Rhode Island except as in compliance with the licensing and other provisions of this Section.

2. A licensed tester shall not authorize any other person to conduct tightness or interstitial testing under his/her license.

3. A licensed tester cannot transfer his/her license to any person.

4. Licensed testers shall perform tightness or interstitial tests in accordance with protocols provided by the developer or manufacturer of the testing equipment, and in accordance with related protocols provided by the National Work Group on Leak Detection Evaluations.

5. All tightness and interstitial testing methods must be approved by the Director prior to use.

C. Approval of Tank and Line Tightness and Interstitial Test Methods

1. The Department shall maintain a list of tank and line tightness test methods that have been approved for use in Rhode Island.

2. To obtain approval of a tank and/or line tightness test method, the manufacturer or developer of the method shall submit to the Director:

a. The protocols, operating manuals, performance data, and other pertinent information that demonstrates by clear and convincing evidence that the leak detection method satisfies the requirements of a tightness test as defined in § 1.5 of this Part, and 40 C.F.R. § 281.33 and the method can be performed reliably and effectively;

b. The entire third party evaluation reports conducted in accordance with the Standard Test Procedures for Evaluating Leak Detection Methods issued by the EPA. These reports must be complete and include all data, method description reports, test results, reports and other information required in the above-referenced EPA procedures;

c. Verification that the method is included in the most current publication of the National Work Group on Leak Detection Evaluations;

d. Verification that the method requires certification of the individual testers who perform the entire test, and a detailed description of the certification procedure;

e. Agreement from the manufacturer or distributor to provide certified training in the approved method to DEM employees, at no cost to the Department.

D. Licensing Procedures for Testers

1. Any individual wishing to be licensed to conduct tightness or interstitial tests in Rhode Island shall submit a completed application to the Director which includes, but may not be limited to, the following:

a. A copy of a valid certificate issued by the manufacturer of the equipment of a DEM accepted test method that indicates that the applicant has successfully completed all training courses pertaining to the operation of the test equipment;

b. Identification of the owner(s) of the equipment to be used by the applicant to perform tests; and identification of who has and will maintain and calibrate the equipment;

c. A copy of a certificate of liability insurance specifying tightness-testing or interstitial-testing activities for the entity which owns or operates the equipment which provides for coverage of bodily injury of at least $100,000 per person and an aggregate of $300,000, per occurrence, and provides for property damage of at least $50,000 per accident with an aggregate of $100,000;

d. An initial application license fee of $100.00. Checks or money orders shall be made payable to "Treasurer, State of Rhode Island, Water and Air Protection Fund".

2. All tightness and/or interstitial tester licenses shall expire annually on September 30, and it shall be the responsibility of each licensed tester to renew that license in accordance with the provisions of this Section.

3. At least 30 days prior to the expiration of a license, a tester shall submit a complete license renewal application on forms as provided by DEM, and a renewal fee of $100.00.

4. An application is considered submitted if it includes all of the required information and fees. A tester who fails to submit a complete application at least 30 days prior to the expiration of his/her license, shall be subject to a late fee charge of $25.00. Should the processing time of an untimely renewal application extend beyond the expiration date of the previous license, the tester may not conduct any tightness tests in Rhode Island until after the license renewal is issued.

5. Upon review and approval of a license application, either new or renewed, the Director shall issue a license.

6. A licensee shall notify the Director of any change in his or her business address within 30 days of such change.

E. Licensing Procedures for Testing Businesses

1. Any business who employs or subcontracts licensed testers to conduct tank and/or piping tests in Rhode Island are required to submit a completed application for a tank testing business license to the Department which includes, but is not limited to, the following:

a. A complete list of all tank tightness and/or interstitial testers that the business employs or subcontracts to conduct tank testing in Rhode Island;

b. Identification of who owns the testing equipment used by the testers, identification of who maintains and calibrates the testing equipment, and identification of the testing equipment by the Manufacturer, Model number, Serial number, etc.;

c. A copy of a certificate of liability insurance specifying tank tightness or interstitial testing activities for the entity which owns or operates the equipment which provides for coverage of bodily injury of at least $100,000 per person and an aggregate of $300,000, per occurrence, and provides for the property damage of at least $50,000 per accident with an aggregate of $100,000.

2. All testing business licenses shall expire annually on September 30, and it shall be the responsibility of each licensed testing business to renew that license in accordance with the provisions of this Section.

3. At least 30 days prior to the expiration of a license, a testing business shall submit a complete license renewal application on forms as provided by DEM.

4. Should the processing time of an untimely renewal application extend beyond the expiration date of the previous license, testers employed by the business may not conduct any tests in Rhode Island until after the license renewal is issued.

5. A UST system testing business shall notify the Director of any change in his or her business address within 30 days of such change.

F. Suspension or Revocation of License

1. Whenever the Director has reasonable grounds to believe that a licensed tester or testing business has not acted in compliance with these regulations or has conducted tests in such a way as to violate R.I. Gen. Laws Chapters 23-19.1, 42-17.1 or 46-12, the Director may suspend or revoke that person's testing license. A suspension or revocation of a testing license may also include, but not be limited to, the following:

a. An assessment of penalties;

b. An order directing the tester and/or testing business to submit documentation pertaining to his/her past UST testing activities; and

c. An order directing the tester and/or testing business to arrange for another licensed third party tester to re-test certain named USTs or UST systems at the expense of the alleged violator.

2. The Director shall revoke a testing license whenever it is determined that the tester or testing business did not act in compliance with these regulations or conducted tests in violation of R.I. Gen. Laws Chapters 23-19.1, 42-17.1 or 46-12. The Director reserves the right, upon notice to the alleged violator, to upgrade any license suspension to a license revocation based upon newly discovered information.

G. Procedure for Suspension and Revocation

1. Upon learning of reasonable grounds to believe that a violation has occurred, the Director shall notify the tester and/or testing business, by certified mail, of the facts and/or conduct warranting the intended suspension or revocation. Such notice shall be for the purpose of allowing the tester and/or testing business an opportunity to show compliance with all lawful requirements for the retention of his/her license.

2. If the tester and/or testing business fails to show compliance with the requirements for retaining his/her license to the satisfaction of the Director, then the Director shall issue a Notice of Suspension or Revocation enumerating the facts or conduct warranting the suspension or revocation and the statutes and/or regulations violated.

3. All Notices of Suspension or Revocation shall be forwarded to the licensee by certified mail or served upon the licensee in accordance with the Rhode Island Superior Court Rules of Civil Procedure.

H. Requests for Hearings

1. Persons wishing to request a hearing in regard to the suspension or revocation of a testing license may do so by filing a hearing request with the Department's Administrative Adjudication Division in accordance with the "Administrative Rules of Practice and Procedure for the Department of Environmental Management," Part 20-00-1 of this Title, within 30 days of the licensee's receipt of the Notice of Suspension or Revocation. Whenever a hearing request is not filed in a timely fashion, the Notice of Suspension or Revocation shall automatically become a Compliance Order of the Department enforceable in Superior Court.

2. Upon upholding by AAD of the suspension or revocation of a license, and unless appealed to Superior Court, the Director shall notify the manufacturer of the testing equipment of the suspension or revocation and request concurrent action.

250 R.I. Code R. 250-RICR-140-25-1.16

Amanded effective 11/20/2018