250 R.I. Code R. 250-RICR-140-25-2.10

Current through December 26, 2024

Section 250-RICR-140-25-2.10 - Aboveground Storage Tank Facilities

A. Applicability; This section applies to all AST facilities with a combined storage capacity of over five hundred (500) gallons.

B. Overfill Prevention

1. Responsibility for transfer; The facility operator or owner, when on the premises and in control of an oil transfer, shall be responsible for transfer activities. If the facility operator or owner is not on the premises or not in control of an oil transfer, the carrier (the person delivering the oil) will be responsible for transfer activities. The operator or carrier must employ practices for preventing transfer spills and accidental discharges. Prior to the transfer, the operator or carrier must determine that the receiving AST has an available capacity to receive the volume of oil to be transferred. The operator or carrier must monitor every aspect of the delivery and take immediate action to stop the flow of oil when the working capacity of the AST has been reached, or should an equipment failure or emergency occur.

2. Shutoff valves for remote pumping units at motor fuel dispensers; All dispensers of motor fuel under pressure from a remote pumping system, must be equipped with a shear valve (impact valve) located in the supply line at the inlet of the dispenser. This valve must be designed to close automatically in the event that the dispenser is accidentally dislodged from the inlet pipe. A valve meeting the standards set forth in NFPA 30A, § 6.3.9, incorporated above at § 2.3(B) of this Part meets the requirements of this subdivision.

3. Shutoff valves for gravity fed motor fuel dispensers; All tanks which cause a gravity head on a dispenser of motor fuels must be equipped with a device such as a solenoid valve which is positioned adjacent to and downstream from the operating valve. The valve must be installed and adjusted so that liquid cannot flow by gravity from the tank in case of piping or dispenser hose failure. A valve meeting the standards set forth in NFPA 30A, § 4.2.4, incorporated above at § 2.3(B) of this Part meets the requirements of this subdivision.

4. Gauges for ASTs;

a. All ASTs must be equipped with a gauge that accurately shows the level of product in the tank. The gauge must be accessible to the facility operator or oil carrier during transfer and easy to read.

b. The design capacity, working capacity, product type and identification number of the tank must be clearly marked on the tank and at the gauge.

c. A high-level warning alarm (visible or audible at the fill), a high-level liquid pump cutoff controller or equivalent device may be used in lieu of the gauge required above.

5. Check valve for pump filled tanks; All fill pipes leading to a pump filled oil tank must be equipped with a properly functioning check valve, or equivalent device, to provide automatic protection against backflow. A check valve is required only when the fill pipe arrangement poses a risk for backflow.

6. Operating valves for gravity drained tanks; Each tank connection through which oil can normally flow must be equipped with an operating valve to control flow. A valve which meets the standards set forth in NFPA 30, § 22.13.1, incorporated above at § 2.3(A) of this Part meets the requirements of this paragraph.

C. Secondary Containment System for ASTs

1. A secondary containment system must be installed around any ASTs regulated by DEM. The secondary containment system must be constructed so that spills of oil and chemical components of oil will not permeate, drain, infiltrate, or otherwise escape to the groundwater or surface water before cleanup can occur. The secondary containment system may consist of a combination of dikes, liners, pads, impoundments, curbs, ditches, sumps, receiving tanks or other equipment capable of containing the product stored. The minimum capacity of the containment system shall be one hundred ten percent (110%) of the AST's volume, or one hundred ten percent (110%) of the largest AST's volume in a multiple AST containment system. Construction of the containment system, with the exception of the containment requirements, shall be in accordance with NFPA 30, § 22.11, incorporated above at § 2.3(A) of this Part.

2. If soil is used for the secondary containment system, it must be of such character that any spill onto the soil will be readily recoverable and will result in a minimal amount of soil contamination.

3. Stormwater which collects within the secondary containment system must be removed by a manually operated pump or siphon, or a gravity drain pipe with manually controlled dike valves. All pumps, siphons and valves must be properly maintained and kept in good condition. If gravity drain pipes are used, all dike valves must be locked in a closed position except when the operator is in the process of draining clean water from the diked area.

D. Facilities Inspection

1. Monthly inspections; The owner or operator of any facility with ASTs regulated by DEM must inspect the facility monthly. These inspections must include:

a. Inspecting exterior surfaces of tanks, pipes, valves and other equipment for leaks, maintenance deficiencies and any other equipment deficiency;

b. Identifying cracks, areas of wear, corrosion and thinning, poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank insulation, malfunctioning equipment and structural and foundation weaknesses; and

c. Inspecting and monitoring all leak detection systems, cathodic protection monitoring equipment, or other monitoring or warning systems which may be in place at the facility.

2. Ten (10) year inspections;

a. Schedule;

(1) In addition to monthly inspections required above, the owner or operator must perform a detailed inspection of AST with a capacity of ten thousand (10,000) gallons or greater. The initial inspection must be performed when the tank is ten (10) years old, or within five (5) years of the effective date of these Regulations, whichever comes first.

(2) Any AST of an unknown age must be inspected within five (5) years of the effective date of these Regulations.

(3) If an AST is due for an initial inspection but has previously been inspected in a manner consistent with the criteria set forth, within a ten (10) year period to the due date, the Director may accept this previous inspection.

(4) Reinspection of all tanks is required no later than ten (10) years from the date of the previous inspection.

b. Exemptions: Ten (10) year inspections are not required for the following unless otherwise specified:

(1) ASTs entirely above ground, such as tanks on racks, cradles or stilts, are exempt from §§ 2.10(D)(2)(c) ((1)) through ((5)) of this Part;

(2) ASTs storing No. 5 or No. 6 fuel oil or tanks storing asphalt products;

(3) ASTs installed in conformance with standards for new construction as set forth in §§ 2.10(I)(1) through (7) of this Part.

c. Requirements for ten (10) year inspection; A ten (10) year inspection must consist of an appropriate tightness test of the tank and connecting piping or an inspection which consists of the following:

(1) Cleaning the AST in accordance with generally accepted practices;

(2) Removal, transportation and disposal of sludge in a manner consistent with all applicable State and Federal laws and Regulations;

(3) Inspecting the AST shell for soundness and testing all welds and seams on the AST bottom for porosity and tightness. The test must be consistent with accepted industry testing and inspection practices. This may include one (1) or a combination of the following: a tightness test, an air pressure, hydrostatic or vacuum test, a penetrant dye test and a non-destructive test to detect thinning of the AST;

(4) Visual inspection of the internal surface of the AST for corrosion or failure;

(5) Inspection of internal coatings for any sign of failure of the coating system such as cracks, bubbles, blisters, peeling, curling or separation; and

(6) A tightness test of any connecting underground pipes.

3. Inspection reports

a. Reports for each monthly inspection and ten (10) year inspection must be maintained and made available to DEM upon request for a period of at least ten (10) years. An annual inspection report, comprised of the monthly inspection reports or a yearly summary and any ten (10) year inspection reports completed in the previous twelve (12) months, shall be submitted to DEM, Office of Emergency Response. Reports shall be submitted by December 31^st of each year.

b. The reports must include the following information:

(1) General information including contact information, report year, facility address, and tank identification number(s);

(2) Important updates such as a change in facility ownership or contact information;

(3) A summary of important information collected during inspections, including specific inspection procedures, any deficiencies and their respective corrective actions;

(4) Certification by the inspector that the inspection has been performed in accordance with these Regulations; and

(5) Signature and address of the inspector.

4. Repair of equipment; If an inspection reveals an AST equipment failure, monitoring equipment failure, excessive thinning of a tank shell which would indicate structural weakness when the tank contains oil, remedial measures must be taken promptly to eliminate any leak potential. See § 2.11 of this Part.

5. Uninspected facilities; If any portion of a facility is not inspected as required, the uninspected portion of the facility must be taken out-of-service pursuant to these Regulations.

E. Closure of tanks

1. Temporary closure; ASTs or facilities with ASTs which are temporarily closed for thirty (30) days or more must be closed as follows:

a. All product must be removed from AST(s) and the piping systems. Any waste product removed must be disposed of in accordance with all applicable State and Federal requirements.

b. All manways must be locked or bolted securely and fill lines, gauge openings or pump lines must be capped, plugged or blanked.

2. Permanent closure; Any AST or facility with ASTs which are closed for a period of one hundred eighty (180) days or more shall be considered permanently closed and shall comply with the following:

a. Liquid and sludge must be removed from the AST(s) and connecting lines. Any waste products must be disposed of in accordance with all applicable State and Federal requirements.

b. AST(s) must be rendered free of oil vapors.

c. All connecting lines must be disconnected or blanked. Manways must be securely fastened.

d. AST(s) must be stenciled with the date of permanent closure.

F. ASTs or facilities with AST(s) which have not been closed pursuant to § 2.10(E) of this Part, are subject to all requirements of § 2.10(D) of this Part.

G. Used ASTs; ASTs which are removed and do not meet the requirements of §§ 2.10(I)(1) through (7) of this Part are prohibited from being reused for the purpose of oil storage.

H. Groundwater Monitoring Program (GMP); All facilities with a combined storage capacity greater than or equal to fifty thousand (50,000) gallons, or any facility with a storage capacity greater than five thousand (5,000) gallons and located in a Wellhead Protection Area or any area with a groundwater classification of GAA - as designated by the Director pursuant to the Rhode Island DEM Groundwater Quality Rules, Part 150-05-3 of this Title, shall within six (6) months of the effective date of these Regulations implement a GMP approved by DEM. The monitoring program shall consist of a sufficient number of wells to detect the release of hydrocarbon product from storage tanks, pumping facilities, manifolds and other appurtenances.

1. Minimum Well Construction Standards; Wells shall be screened above and below the water table. The screened interval shall be sufficient to detect free phase product during seasonal fluctuations of the water table. The minimum inside well diameter shall be two inches (2"). Each well shall be equipped with a locking tamper proof cover. A locus map and site plan shall be submitted to DEM with locations of the monitoring wells, well casing elevations, and the location of all significant site structures. Well completion logs shall be submitted to DEM with the site plans.

2. Minimum Site Monitoring Requirements; Monitoring wells shall be checked monthly for the presence of a discernible layer of hydrocarbon product in the wells. The static water table elevation shall also be recorded at the time of monitoring. A log shall be maintained at the facility. The log shall contain the static water table measurements, the free phase product elevation and the product thickness for each monitoring well. An annual report of the groundwater monitoring program shall be submitted to DEM, who may require additional monitoring at facilities which may impact underground drinking water supplies.

3. Reporting Requirements; Upon the discovery of free phase product in a monitoring well, the facility owner or operator shall notify DEM verbally within twenty-four (24) hours and submit a written report within ten (10) working days. The owner or operator shall submit to DEM a site assessment plan, subject to DEM approval, within thirty (30) days of the discovery of free phase product in a monitoring well.

I. New and Substantially Modified Facilities

1. Design and construction standards; New AST facilities must install ASTs constructed of steel and meet or exceed one (1) of the following design and manufacturing standards:

a. UL 142;

b. UL 58;

c. API Standard 650;

d. API Standard 620;

e. CAN4-S601-M84; or

f. CAN4-S630-M84;

2. Any AST which does not comply with the above requirements, such as a riveted or bolted steel, wood, concrete, aluminum or fiberglass reinforced plastic AST, must be constructed in accordance with all applicable manufacturing standards and must be designed for the above ground storage of oil products, and may not be installed without prior approval of the Director.

3. Cathodic protection for tank bottom; Bottoms of new ASTs which rest on or in the ground must be cathodically protected with sacrificial anodes or an impressed current system which is designed, fabricated and installed in accordance with recognized engineering practices.

a. The cathodic protection system must be designed to provide a minimum of thirty (30) years of protection.

b. A qualified engineer or corrosion specialist must supervise the installation of the cathodic protection system where this is necessary to assure that the system has been installed as designed.

c. Each cathodic protection system must have a monitor which enables the owner or operator to check on the adequacy of cathodic protection.

4. Painting of exterior tank surfaces; The exterior surfaces of all new ASTs must be protected by a primer coat, a bond coat and two (2) or more final coats of paint or have an equivalent surface coating system designed to prevent corrosion and deterioration.

5. Impermeable barriers under tank bottom; Any new stationary AST which is designed to rest on the ground must be constructed with a double bottom or underlain by an impervious barrier such as a concrete pad or a cutoff barrier. If a barrier is used, it must have a permeability rate of water equal to or less than 1 x 10^-6 cm/sec and must not deteriorate in an underground environment or in the presence of oil.

6. Secondary Containment for new ASTs; A secondary containment system must meet or exceed the requirements of § 2.10(C)(1) of this Part and be constructed with a permeability rate of water equal to or less than 1 x 10^-6 cm/sec.

7. Monitoring systems for new ASTs; All new ASTs must have equipment for monitoring between the tank bottom and the impermeable barrier, and when pertinent the interstitial space. This includes, but is not limited to, perforated gravity collection pipes or channels in a concrete foundation pad which may be monitored for the presence of oil visually, electronically or by other satisfactory methods. Observation wells or other systems which monitor the soil or groundwater beneath the impermeable barrier do not satisfy the leak detection requirements of this section.

8. Foundation design; New ASTs must be supported on a well-drained stable foundation which prevents movement, rolling or settling of the tank and is designed to minimize corrosion of the tank bottom.

9. Avoiding traffic hazards; New ASTs, pipes and distribution equipment must not be located along highway curves or otherwise exposed to traffic hazards.

10. Testing of new ASTs; Before placing in service, all new ASTs must be tested for tightness and inspected in accordance with requirements outlined in API Standard 650, 12^th Edition, incorporated above at § 2.3(C) of this Part or UL 142, 10^th Edition, incorporated above at § 2.3(D) of this Part. If a pneumatic test is used, all fittings, welds and joints must be coated with a soap solution and inspected for air leaks.

250 R.I. Code R. 250-RICR-140-25-2.10

Amended effective 5/2/2018
Amended effective 7/20/2022