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West Virginia Administrative Code
Agency 47 - Water Resources, Division Of Water And Waste ManagementTitle 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES
Series 47-63 - Aboveground Storage Tanks
Section 47-63-10 - Release Prevention, Leak Detection and Secondary Containment

W. Va. Code R. § 47-63-10

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Current through Register Vol. XLI, No. 37, September 13, 2024
Section 47-63-10 - Release Prevention, Leak Detection and Secondary Containment
10.1 Spill and Overfill Prevention General Requirements. - The owner or operator must ensure that releases from regulated ASTs due to spilling and overfilling do not occur. Regulated ASTs that do not receive deliveries of substances (e.g. an AST at an oil or gas site that is connected directly to a pipeline or well) are only subject to the spill and overfill prevention requirements of subsection 10.1 through subdivision 10.1.b. of this section.
10.1.a. The owner or operator must ensure that the volume of storage capacity available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly by the owner's or operator's personnel to prevent overfilling and spilling, if there are no mechanical means to prevent overfilling.
10.1.a.1. For regulated ASTs that do not receive deliveries of substances (e.g. an AST at an oil or gas site that is connected directly to a pipeline or well), the requirement for constant monitoring of transfer operations is not applicable; however, the owner or operator must ensure that the AST is monitored in a manner so as to prevent spills and overfills.
10.1.a.2. Immediate action shall be taken by the owner or operator to stop the flow of fluids prior to exceeding tank capacity or in the event that an equipment failure occurs.
10.1.b. The owner or operator shall report, investigate, and clean up spills and overfills in accordance with the requirements of sections 6 and 7 of this Rule.
10.1.c. To prevent spilling associated with product transfer, the owner or operator shall ensure that the regulated AST systems have spill prevention equipment (such as a spill catchment basin or spill containment bucket) that will prevent a release of product to the environment.
10.1.d. The owner or operator must ensure that releases due to overfilling do not occur by ensuring that new regulated ASTs are installed with the following:
10.1.d.1. A gauge or monitoring device that accurately indicates the level or volume in the tank and is visible to the individual responsible for the transfer of the product. The monitoring device shall be installed, calibrated, and maintained in accordance with the manufacturer's specifications; or
10.1.d.2. A high-level alarm with an automatic high-level cut-off device or a high-level alarm with a manned operator shutdown procedure in operation; or
10.1.d.3 Any overfill device approved by the Secretary in writing. The owner or operator must utilize an overfill protection device that meets the current industry standards for the AST.
10.1.e. The owner or operator must ensure that releases due to overfilling do not occur by ensuring that existing regulated ASTs without overfill protection meeting the requirements of paragraphs 10.1.d.1, 10.1.d.2, and 10.1.d.3 are upgraded on the following schedule if they receive deliveries:
10.1.e.1. For existing regulated AST systems certified as Fit for Service but having overfill or spill protection deficiencies, the overfill or spill protection system shall be upgraded to meet the minimum requirements of this Rule and industry standards on the schedule provided by the certifying person, but in no case later than the following:
10.1.e.1.A. For Level 1 ASTs, the AST system component not meeting overfill or spill requirements must be upgraded by June 30, 2017.
10.1.e.1.B. For Level 2 ASTs, the AST system component not meeting overfill or spill requirements must be upgraded by December 31, 2017.
10.1.e.1.C. A regulated existing tank system that is taken out of service for internal inspection or major modification to the tank or that has been temporarily out of service and is being returned to service shall have the overfill or spill protection upgraded prior to placing the AST back into service.
10.1.f. Prior to receiving deliveries, the owner or operator shall ensure that fill valves are properly labeled with the product stored, all AST fill valves that are not in use are secured, and only the ASTs designated are receiving deliveries. The owner or operator shall ensure the transfer operation is monitored either by manual or automatic means to prevent overfilling.
10.1.g The owner or operator shall ensure that immediate action is taken to stop the flow of the substance being transferred when the capacity of the tank has been reached or in the event of an equipment failure or emergency.
10.1.h. Overfill prevention devices that are designed for use with gravity deliveries must not be used when a pump is used to fill the tank.
10.1.i. Overfill and spill equipment must be properly installed, operated, inspected, tested, and maintained in accordance with the manufacturer's specifications.
10.2 Secondary Containment Requirements for Regulated ASTs
10.2.a. The owner or operator shall ensure that all regulated ASTs have a secondary containment system that collects and contains an unintentional release from an AST and its ancillary equipment up to the first point of isolation.
10.2.b. All secondary containment structures shall be compatible with all substance(s) stored within the containment structure.
10.2.c. The owner or operator shall ensure that secondary containment for existing regulated AST systems shall be adequately designed and constructed to be sufficiently impervious to prevent the released substance from penetrating the containment structure until the release can be detected and recovered, but in no case will that time be less than seventy-two (72) hours.
10.2.d. The owner or operator shall ensure that secondary containment structures for Level 1 ASTs are visually inspected for the presence of released fluids from the AST system at least once every fourteen (14) days and Level 2 ASTs are visually inspected, at a minimum, at the time of the monthly inspection required in subdivision 5.1.b of this Rule. If liquids are found in the secondary containment area, the owner or operator shall take action as required under paragraphs 5.1.a.2 and 5.1.a.3 of this Rule.
10.2.e. Secondary containment structures shall be designed, constructed, and maintained in accordance with sound engineering practices adhering to nationally-recognized standards, such as API, NFPA, and STI, as applicable.
10.2.e.1. For regulated ASTs containing flammable or combustible materials, the walls of the diked area shall be of earth, steel, concrete or solid masonry and be designed, built, and maintained to withstand a full hydrostatic head.
10.2.e.2. Alternatively, the Secretary may approve other construction materials that are shown to be appropriate for use with flammable or combustible materials.
10.2.f. The owner or operator shall ensure that new secondary containment systems for Level 1 ASTs installed after the effective date of this Rule are designed to direct any release to a monitoring point to meet leak detection requirements on a new tank at installation, reconstruction or relocation of an existing tank or when any part of the tank floor is replaced. Permeability of the secondary containment must be less than 1 x 10-7 cm/sec at anticipated hydrostatic head and shall be verified at the time of installation.
10.2.g. The owner or operator must take action to correct deficiencies found in secondary containment areas in order to prevent releases to the environment.
10.2.g.1. The owner or operator shall make contact with the Department within seventy-two (72) hours of discovery of the deficiency.
10.2.g.1.A. If a secondary containment structure for a Level 1 AST is found to be defective and the structure is not repairable within seventy-two (72) hours, the owner or operator shall take immediate action to remove substances from the AST system(s) affected in order to protect human health or the environment. Alternatively, the tank owner or operator may request an extension from the Secretary for good cause shown.
10.2.g.1.B. Substances shall not be returned to the regulated AST system until the defective secondary containment structure has been repaired and is certified by a professional engineer, an API certified inspector or a STI certified inspector as meeting the minimum requirements of this Rule.
10.2.g.1.C. Transfers of substances to and from a regulated AST within secondary containment shall be monitored by personnel designated by the owner or operator for the duration of the transfer.
10.2.h. Double walled ASTs serve as secondary containment so long as substance transfer and the interstitial space are continuously monitored. Therefore, a separate secondary containment basin is not required for the AST, but single walled piping, dispenser, and ancillary equipment up to the first point of isolation would require secondary containment.
10.2.i. The owner or operator shall ensure that secondary containment areas, such as dikes and curbing or paving, shall be designed and certified by a professional engineer or other qualified person to prevent the discharge from the containment area of the entire capacity of the largest single tank, assuming a full tank, and sufficient freeboard to contain all collected precipitation until the secondary containment is inspected in accordance with requirements of subsection 5.1 of this Rule. When determining the largest AST in a containment area, the combined capacity of manifolded tanks must be considered if a leak from one tank or the piping is capable of emptying the other tanks.
10.2.i.1. Calculations for dike capacity must consider the volume of the largest AST within the dike, the displacement volumes from other ASTs and other items within the dike, if present, and account for sufficient freeboard for precipitation events.
10.2.i.2. Factors to be considered in determining the appropriate capacity for the secondary containment area shall be documented and include:
10.2.i.2.A. Size of largest AST;
10.2.i.2.B. Size of other ASTs and their effect on the overall capacity of the secondary containment area;
10.2.i.2.C. Local precipitation conditions;
10.2.i.2.D. Height of existing containment area;
10.2.i.2.E. Frequency of containment drainage and inspections;
10.2.i.2.F Site safety considerations; and
10.2.i.2.G. The appropriateness of using a twenty-five (25) year, twenty-four (24) hour storm event precipitation design criteria for determining containment freeboard.
10.2.i.3. The secondary containment system containing flammable or combustible ASTs shall not be used to store combustible materials, empty or full drums, or barrels.
10.2.i.4. Dikes shall be kept free of woody or other deep rooted vegetation, debris, and any other material not necessary to the operation of the facility.
10.2.i.5. Drains on secondary containment systems shall be kept in good operating condition, closed, and secured. Flapper-type drain valves shall not be utilized on secondary containment systems unless the discharge to a wastewater treatment system.
10.2.i.6. Drains and drain valves constructed of low melting point materials, such as brass or PVC, shall not be utilized in secondary containment systems.
10.2.j. An external liner is a liner that is installed inside an existing secondary containment structure, such as a dike, to provide additional assurance of impermeability. External liners must be compatible with the substance(s) stored in the regulated AST system.
10.2.k. Stormwater shall be removed from secondary containment areas as soon as possible or when the water is in contact with the tank or piping and prior to the capacity of containment being reduced by ten percent (10%) or more. Manually operated pumps or siphons and manually operated gravity drains may be used to empty the containment. If drain valves are used, they shall be secured in the closed position at all times except during controlled drainage events. Accumulated stormwater must be inspected prior to discharge to ensure no substance other than stormwater is present. Discharge or disposal of substances from the containment structure must comply with applicable State and federal requirements.
10.2.l. For existing regulated AST systems certified as Fit for Service but having secondary containment deficiencies, the secondary containment system shall be upgraded, repaired or otherwise brought into compliance to meet the minimum requirements of this Rule and industry standards on the schedule provided by the certifying person, but in no case later than the following:
10.2.l.1. For Level 1 ASTs, the AST system component not meeting secondary containment requirements must be upgraded to meet secondary containment requirements for existing ASTs within three (3) months of the effective date of this Rule.
10.2.l.2. For Level 2 ASTs, the AST system component not meeting secondary containment requirements must be upgraded to meet secondary containment requirements for existing ASTs within six (6) months of the effective date of this Rule.
10.2.l.3. A regulated existing tank system that is taken out of service for internal inspection or major modification of the tank or that has been temporarily out of service and is being returned to service shall meet the secondary containment requirements prior to placing the AST system back into service.
10.3 Leak Detection Requirements. - The owner or operator shall ensure that regulated aboveground storage tank systems are monitored for leak detection at least once per calendar month, using a method or combination of methods that are capable of detecting a release from any portion of the AST.
10.3.a. The leak detection method or equipment, other than visual, shall be installed, calibrated, operated, and maintained in accordance with applicable manufacturer's specifications, including routine maintenance checks for operability to ensure that the device is functioning as designed.
10.3.a.1. All manufacturer's instructions, performance claims, and their manner of determination described in writing by the equipment manufacturer or installer shall be retained by the owner or operator for the life of the AST and made available to the Secretary upon request.
10.3.a.2. The owner or operator, using a leak detection method other than visual, shall establish leak detection performance rates for each in accordance with paragraphs 10.3.a.3 or 10.3.a.4. The owner or operator shall retain leak detection performance rates for the life of the regulated AST and made available to the Secretary upon request. Leak detection performance rates shall be established utilizing best available technology or best engineering practices.
10.3.a.3. A tank owner or operator may establish leak detection performance rates by providing the manufacturer leak detection rate performance claims and their manner of determination described in writing by the equipment manufacturer.
10.3.a.4. Alternatively, leak detection performance rates determined for leak detection equipment evaluated by the third party, National Work Group on Leak Detection Evaluations (NWGLDE), are acceptable provided their protocols are followed.
10.3.b. The owner or operator shall ensure that the area beneath the tank bottom is monitored for leakage by visual, mechanical or electronic leak detection methods.
10.3.c. Visual testing is an acceptable form of leak detection for regulated AST systems so long as the entire area of concern (e.g. the AST itself and its aboveground piping, flanges, valves, etc. and its secondary containment) is readily accessible for view and properly illuminated by natural or artificial light (minimum of 50-foot candles or 100 lumens) at the time of the visual testing. If either of the methods listed in Sections 10.3.c.1 and 10.3.c.2 are utilized, the area for observation of any fluids must be readily accessible for view and properly illuminated. Visual tests may be performed remotely by using mirrors, cameras or other suitable instruments.
10.3.c.1. A double-bottomed or double-walled tank that is designed and constructed to channel fluids to an area for observation is an acceptable form of visual testing.
10.3.c.2. A release prevention barrier that is designed and constructed to channel fluids to an area for observation is an acceptable form of visual testing.
10.3.c.3. Liquids discovered in a double-bottomed or double walled tank or release prevention barrier structures must be immediately removed in order to continue using visual testing of these systems for leak detection.
10.3.d. New Level 1 ASTs shall be double-walled, double-bottomed or installed with a release prevention barrier that allows for releases from all parts of the AST to be visually observed.
10.3.e. Acceptable forms of leak detection for all regulated AST systems include any one or a combination of the following methods:
10.3.e.1. Visual inspection subject to the requirements of subdivision 10.3.c.;
10.3.e.2. Automatic tank gauging;
10.3.e.3. Statistical inventory reconciliation;
10.3.e.4. Interstitial monitoring;
10.3.e.5. Soil vapor monitoring within secondary containment;
10.3.e.6. Volumetric or mass measurements;
10.3.e.7. Acoustic measurement; or
10.3.e.8. Inventory control with tank tightness testing; or
10.3.e.9. Other forms approved by the Secretary upon request and for good cause shown.
10.3.f. A tank tightness test must follow a nationally recognized procedure that is based on a volumetric or mass measurement or an acoustic measurement, such as those addressed in API Publication 334 ''Guide to Leak Detection in Aboveground Storage Tanks.''
10.3.f.1. The test shall be performed by a third-party inspector or third-party technician who has experience with the selected method and is qualified by the test equipment manufacturer or certified by the relevant industry association and is not an employee of the tank owner.
10.3.f.2. The tank tightness test report must provide information on the leak rate that is detectable by the method for the given tank tested and provide information on the probability of detection and probability of false alarm for the given leak rate.
10.3.g. Any interstitial spaces, including without limitation those located in double-walled ASTs, double-walled piping, and double bottomed tanks that are installed as part of a new or upgraded regulated AST system, shall be equipped with interstitial monitoring equipment capable of detecting a discharge of a substance into the interstitial space under all operating conditions, and the interstitial space shall be monitored once every calendar month.
10.3.h. The Secretary may approve other leak detection methods if the owner or operator can demonstrate that the method can detect a release as effectively as any of the methods listed above. In comparing methods, the Secretary shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner or operator must comply with any conditions imposed by the Secretary on its use to ensure the protection of human health or the environment. Alternatively, leak and performance rates determined for leak detection equipment evaluated by the third party, National Work Group on Leak Detection Evaluations (NWGLDE), are acceptable provided their protocols are followed.
10.3.i. When a combination of leak detection methods is utilized to meet the monthly leak detection requirement, a failure of any one method (e.g. an automatic tank gauge indicates a failure during monthly test) is considered a failure of the leak detection equipment or test method for the component being tested.
10.3.j. Two consecutive months of inconclusive results or three non-consecutive months of inconclusive results in a twelve (12) month period is considered a failure of the leak detection method for automatic tank gauge and statistical inventory reconciliation methods.
10.3.k. Regulated underground piping shall be tested in accordance with the requirements of subsection 8.7 of this Rule.
10.3.l. All leak detection records shall be kept at the facility for a minimum of twelve (12) continuous months and made available to the Secretary upon request.
10.3.l.1. The records should clearly demonstrate and document that the leak detection monitoring performed was capable of detecting an unintentional release from any portion of the AST system; and
10.3.l.2. Leak detection was performed at least every calendar month for the regulated AST system; and
10.3.l.3. The person performing the monitoring activity shall document the following:
10.3.l.3.A. Name of the person doing the monitoring;
10.3.l.3.B. Monitoring method or methods used; and
10.3.l.3.C. Monitoring date and results;
10.3.m. For existing regulated AST systems certified as Fit for Service but having leak detection deficiencies, the leak detection system shall be upgraded or repaired to meet the minimum requirements of this Rule and industry standards by the owner or operator on the schedule provided by the certifying person, but in no case later than the following:
10.3.m.1. For Level 1 ASTs, the AST system component not meeting the requirements for leak detection must be upgraded, repaired or otherwise brought into compliance by June 30, 2017, except that leak detection by visual means must have begun no later than the effective date of this Rule.
10.3.m.2. For Level 2 ASTs, the AST system component not meeting the requirements for leak detection must be upgraded, repaired or otherwise brought into compliance by June 30, 2018, except that leak detection by visual means must have begun no later than the effective date of the this Rule.
10.3.m.3. A regulated existing tank system that is taken out of service for internal inspection or major modification to the tank or that has been temporarily out of service and is being returned to service shall have to meet the leak detection requirements prior to placing the AST system back into service.

W. Va. Code R. § 47-63-10