Chapter 07 - Storage Tanks
(a) Owners and operators of underground storage tanks and aboveground storage tanks installed prior to the effective date of these regulations shall submit an application for a permit from the commission within 30 days of the effective date.
(b) Prior to construction, installation, modification or repair or any underground or above ground tank, owners and operators shall apply for and obtain a permit from the commission.
(c) Applications for permits shall at minimum include the size of the tank, tank material, description of the leak detection systems, material to be stored, installed procedures, operating procedures and nearby utilities.
(d) The permittee shall notify the implementing agency of any change of ownership within 10 days of such change. The new owner and operator must apply for and obtain a permit from the commission prior to use or operation of the tank
(e) Owners and operators of underground storage tanks meeting the requirements of 24.0710 or 24.0711 shall obtain a compliance certificate pursuant to 24.07890. Before the implementing agency issues a new certificate or renewal to operate an underground storage tank, the implementing agency shall inspect the underground storage tank and determine that it complies with provisions of these regulations
(f) Failure to comply with the conditions of any permit issued by the commission shall be violation of this chapter.
(a) The requirements contained in this selection shall apply to all tanks, both above and below ground, which receive, store or distribute petroleum products or other chemicals except as provided in subsection (b) below.
(b) Exemptions. The following are exempt from the provisions of this chapter:
(1) water tanks,
(2) septic tanks,
(3) publicly owned treatment works and
(4) flow through process tanks.
As used in this chapter:
(1) “Above ground storage tank” or “AST” means any one or combination of tanks (including the pipes connected thereto) that are used to contain an accumulation of petroleum products or other chemicals and the volume of which (including the volume of pipes connected thereto) is 90 percent or more above the surface of the ground.
(2) “Cathodic Protection” means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.
(3) “Commission” means the Environmental Quality Commission or its duly authorized representatives.
(4) “Compliance certificate” includes a numbered decal, file copy of the decal, and plastic fill pipe tag as described in 24.0713 and 24.0780 of these regulations.
(5) “Corrosion expert” means a person who, by reason of thorough knowledge of physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice control qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks.
(6) “Dielectric material” means a material that does not conduct direct electrical current. Dielectric coating are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system (e.g., tank from piping)
(7) “EPA” mean the federal Environmental Protection Agency.
(8) “Existing tank system” means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988. Installation is considered to have commenced if:
(A) The owner or operator has obtained all local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and if,
(i) A continuous on-site physical construction or installation program has begun; or,
(ii) The owner or operator has entered into contractual obligations which cannot be cancelled or modified without substantial loss-for physical construction at the site or installation of the tank system to be completed within a reason time.
(9) “Flow-through process tank” is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.
(10) “Free product” refers to a regulated substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolve in water.)
(11) “Impact /Fire valve” are valves located at the surface level of pump islands, beneath each dispenser. The valves are equipped with a spring-loaded mechanism that closes instantly if the top of the valve is sheared of. The valves are also fitted with a fusible link that melts if there is a fire at the pump island. Melting of the link causes the valve to snap shut.
(12) “Implementing agency” means the American Samoa Environmental Protection Agency (ASEPA)
(13) “Interstitial area” means the area between the tank, piping and the secondary containment. For double wall tanks, it is the area between the inner and outer walls. For single wall tanks, it is the area between the tank and the vault or liner.
(14) “Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing product.
(15) ”Motor fuel” means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, an and its typically used in the operation of a motor engine.
(16) ”New tank system” means any tank installed on or after December 22, 1988 and any tank required by 24.0750(5)(B) to meet the installation standards for new above ground storage tanks as appropriate. (See also “Existing tank system.”)
(17) “Operational life” refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under 24.0770.
(18) “Operator” means any person in control of, or having responsibility for, the daily operation of the tank system.
(19) “OSHA” means the federal Occupational Safety and Health Administration.
(20) “Owner” means any person who owns a tank used for storage, use or dispensing of a regulated substance.
(21) “Person” means an individual, trust, firm, joint stock company, federal agency, corporation, state, territory, municipality, commission, political subdivision of a state or territory, interstate body, consortium, joint venture, or commercial entity.
(22) “Petroleum” means crude oil, crude oil fractions, and refined petroleum fractions including motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, used oils kerosene, and heating oils.
(23) “Pipe” or “Piping” means a hollow cylinder or tubular conduit that is constructed of nonearthen materials.
(24) “Publicly owned treatment works” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a state, territory or municipality.
(25) “Regulated substance” means:
(a) Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and
(b) Petroleum, including crude oil or any fraction thereof that is liquid at Standard conditions of temperature and pressure (60 degrees Fahrenheit And 14.7 pounds per square inch absolute). The term “regulated substance” includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils,
(26) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank or associated piping into groundwater, surface water, surface soils, or substance soils.
(27) “Release detection” means determining whether a release of regulated substance has occurred from the tank system into the environment or into the interstitial space between the tank system and its secondary barrier or secondary containment around it.
(28) “Repair” means to restore a tank or component of the tank system that has causes a release of product from the UST or AST system.
(29) “Secondary containment” means a system installed around and underground storage tank that is designed to prevent a release from migrating beyond the secondary containment system outer wall (in the case of a double-walled tank ) or excavation area (in the case of a liner or vault system) before the release can be detected. For an above ground storage tank it means a wall or dike impermeable to the material stored which will prevent the escape of the stored material outside the wall or dike.
(30) “Septic tank” means a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.
(31) “Tank” means a stationary device designed to contain an accumulation of regulated substances, which is constructed of non-earthen material (e.g., concrete, steel, plastic) that provide structural support.
(32) “Underground storage tank” or “UST” means any one or combination of tanks (including the pipes connected thereto) that are used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This definition includes any tank situated in an underground area, if the tank is situated upon or above the surface of the floor.
In order to prevent releases due to structural failure, corrosion, or spills and overfills for a long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements.
(a) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognize association or independent testing laboratory as specified below:
(1) The tank is constructed of fiberglass-reinforced plastic; or
Note: The following industry codes may be used to comply with paragraph (a)(1) of this section: Underwriters Laboratories Standard 1316, “Standard for Glass- Fiber-Reinforced Plastic Underground Tanks for Petroleum Products”, Underwriter’s Laboratories of Canada CAN4-S615-M83,Standard for Reinforced Plastic Underground Tanks for Petroleum Products” or American society of Testing and Materials Standard D4021-86, “Standard Specification for Glass-Fiber-Reinforced Polyester Underground Petroleum Storage Tanks.”
(2) The tank is constructed of steel and cathodically protected in the following manner:
(i) The tank is coated with suitable dielectric material;
(ii) Field-installed cathodic protection systems are designed by a corrosion expert;
(iii) Impressed current systems are designed and allow determination of current operating status as required in 24.0721; and
(iv) Cathodic protection system are operated and maintained in accordance with 24.0721 or according to guidelines established by the implementing agency.
Note: The following codes and standards may be used to comply with paragraph (a)(2) of this section:
(A) Steel Tank Institute “Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks”;
(B) Underwriters Laboratories Standard 1746, “Corrosion Protection Systems For Underground Storage Tanks”;
(C) Underwriters Laboratories Of Canada CAN4-S603-M85, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids,” and CAN4-G03. 1-M85, “Standard for Galvanic Corrosion Protection Systems for Underground Tanks for Flammable and Combustible Liquids,” and CAN4-S631-M84, Isolating Bushings for Steel Underground Tanks Protected with Coatings and Galvanic Systems”; or
(D) National Association of Corrosion Engineers Standard RP-02- 85, “Control of External Corrosion on Metallic Buried, or Submerged Liquid Storage System,” and Underwriters Laboratories Standard 58 “Standard for Steel Underground Tanks for Flammable and Combustible Liquids.”
(3) The tank is constructed of metal without additional corrosion protection measures provided that:
(i) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and
(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraphs (a)(3)(i) for the remaining life of the tank; or
(4) The tank construction and corrosion protection are determined by the implementing agency to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than paragraphs (a)(1) through (a)(3) of this section.
(b) Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:
(1) The piping is constructed of fiberglass-reinforced plastic; or
Note: The following codes and standards may be used to comply with paragraph (b)(1) of this section:
(A) Underwriters Laboratories Subject 971, “UL Listed Non-Metal Pipe”;
(B) Underwriters Laboratories Standard 567, “Pipe Connectors for Flammable and
Combustible and LP Gas”;
(C) Underwriters Laboratories of Canada Guide UCL-107, “Glass Fiber Reinforced Plastic Pipe and fittings for Flammable Liquids”; and
(D) Underwriters Laboratories of Canada Standard CAN 4-S633-M81, “Flexible Underground Hose Connectors.”
(2) The piping is constructed of steel and cathodically protected in the following manner:
(i) The piping is coated with a suitable dielectric material:
(ii) Field installed cathodic protection systems are designed by a corrosion expert;
(iii) Impressed current systems are designed to allow determination of current operating status as required in 24.0721; and
(iv) Cathodic protection systems are operated and maintained in accordance with 24.0721 or guidelines established by the implementing agency; or
Note: The following codes and standards may be used to comply with paragraph (b)(2) of this section:
(A) National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”;
(B) American petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”;
(C) American Petroleum Institute Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”; and
(D) National Association of Corrosion Engineers Standard RP-01-69 “Control of External Corrosion on Submerged Metallic Piping Systems
(3) The piping is constructed of metal without additional corrosion protection measures provided that:
(i) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and
(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (b)(3)(i) of this section for the remaining life of the piping; or
(4) The piping construction and corrosion protection are determined by the
Implementing agency to be designed to prevent the release or threatened
Release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (b)(1) through (3) of this section.
(c) Spill and overfill prevention equipment.
(1) Except as provided in paragraph (c)(2) of this section, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:
(i) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and
(ii) Overfill prevention equipment that will:
(A) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or
(B) Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high –level alarm.
(2) Owners operators are not required to use spill and overfill prevention equipment specified in paragraph (c)(1) of this section if:
(i) Alternatives equipment is used that is determined by the implementing agency to be no less protective of human health and the environment than the equipment specified in paragraph (c)(1)(i) or (ii) of this section; or (ii) The UST system is filled by transfers of no more than 25gallons at one time.
(d) Secondary containment. Secondary containment may consist of:
(1) a double walled tank, or
(2) a pit lined with a low permeability barrier or synthetic liner, or
(3) an impermeable vault, or
(4) any other equally effective design approved in writing by the commission;
(e) Emergency Shutoff.
(1) To prevent the product from escaping if the dispenser is knocked over or dislocated by ground heave, an emergency shutoff method described in paragraph (e)(2) of this section must be installed for USTs with pressurized dispensing systems.
(2) Emergency shutoff methods. The owner and operator must equip the UST system with one of the following emergency shutoff methods:
(i) an impact/fire valve with the shear section of the valve installed within ½ inch of the pump. Anchor the entire assembly rigidly to the island to make certain the piping will break at the shear sections, and the spring and thermally actuated device functions to close the valve
(ii) any other equally effective method approved in writing by the implementing agency.
(f) Installation. All tanks and piping must be properly installed in accordance with practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions.
Note: Tank and Piping system installation practices and procedures described to comply with the requirements of paragraph (d) of this section: (i) American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”; or (ii) Petroleum Equipment Institute Publication RP100, “Recommended Practices for Installation of Underground Liquid Storage “Systems”; or (iii) American National Standards Institute Standard B31.3 “Petroleum Refinery Piping,” and American National Standards Institute B31.4 “Liquid Petroleum Transportation Piping System.
(g) Certification of Installation. All owners and operators must ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance on the UST notification form in accordance with 24.0712.
(1) The installer has been certified by the tank and piping manufacturer’s; or
(2) The installation has been certified or licensed by the implementing agency; or
(3) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or
(4) The installation has been inspected and approved by the implementing agency; or
(5) All works listed in the manufacturer’s installation checklists has been completed; or
(6) The owner and operated have complied with another method for ensuring compliance with paragraph (f) of this section that is determined by the implementing agency to be no less protective of human health and environment.
(a) Any owner who brings an underground storage tank system in to use after May 8, 1986, must within 30 days of bringing such tank into use, submit, in the form prescribed in Appendix I of this chapter, a notice of existence of such tank system to the implementing agency to receive such notice.
(b) Owners required to submit notices under paragraph (a) of this section must provide notices to the implementing agency for each tank they own. Owners may provide notice for several tanks using one notification form, but owners who own tanks located at more than one place of operation must file a separate notification form for each separate place operation.
(c) All owners and operator s of new UST systems must certify in the notification compliance with the following requirements:
(1) Installation of tanks and piping under 24.0710(f);
(2) Cathodic protection of steel tanks and piping under 24.0710(a) and (b);
(3) Financial responsibility under Subchapter G of this chapter; and
(4) Release detection under 24.0741
(d) All owners and operators of new UST systems must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping complies with requirements in 24.0710(f)
(e) Beginning October 24,1988, any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner’s notification obligations under paragraph (a) of this section.
(a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transferred is made and that the transfer operation is monitored constantly to prevent overfilling and spilling.
Note: The transfer procedures described in National Fire Protection Association Publication 385 may be used to comply with paragraph (a) of this section. Further Guidance on spill and overfill prevention appears in American Petroleum Institute Publication 1621, “Recommended Practice for Bulk Liquid Stock Control at Retail Outlets,” and National Fire Protection Association Standard 30, “Flammable and combustible Liquids Code.
(b) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with 24.0750.
All owners and operators of steel UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to stored regulated substances:
(1) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.
(2) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:
(A) Frequency. All cathodic protection systems must be tested within 6 months of installation and at least every 3 years thereafter or according to another reasonable time frame established by the implementing agency; and
(B) Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with a code of practice developed by a nationally recognized association.
Note: National Association of Corrosion Engineers Standard RP-02-85, “Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” may be used to comply with paragraph (b)(2) of this section.
(3) UST systems with impressed current cathodic protection system must also be inspected every 60 days to ensure the equipment is running properly.
(4) For UST systems using cathodic protection, records of the operation of the operation of the cathodic protection must be maintained (in accordance with 24.0724) to demonstrate compliance with the performance standards in this section. These records must provide the following:
(A) The result of the last three inspection required in paragraph (3) of this section; and
(B) The results of testing from the last two inspections required in paragraph (2) of this section.
Owners and operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST system.
Note: Owner and operators storing alcohol blends may use the following codes to comply with the requirements of this section: (a) American Petroleum Institute Publication 1626, “Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations”; and (b) American Petroleum Institute Publication 1627, “Storage and Handling of Gasoline-Methanol/Cosolvent Blends Distribution Terminals and Service Stations.”
Owners and operators must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances.
The repair must meet the following requirements:
(a) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.
Note: The following codes and standards may be used to comply with paragraph (a) of this section: National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code”; American Petroleum Institute Publication 2200, “Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines”, American Petroleum Institute Publication 1631, Recommended Practice for Interior Lining of Existing Steel Underground Storage Tanks”; and National Leak Prevention Association Standard 631, “Spill Prevention, 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection.”
(b) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer’s authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory.
(c) Metal pipe sections and fittings that have released product as a result of corrosion or damage must be replaced. Fiberglass pipes and fittings may be repaired in accordance with the manufacturer’s specifications.
(d) Repaired tanks and piping must be tightness tested in accordance with 24.0742(3) and 24.0743(2) within 30 days following the date of completion of the repair except as provided in paragraphs (d)(1) through (3), of this section:
(1) The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or
(2) The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in 24.0742(4) through (8); or
(3) Another test method is used that is determined by the implementing agency to be no less protective of human health and the environment than those listed above.
(e) Within 6 months following the repair of any cathodically protected UST system, the protection system must be tested in accordance with 24.0721(2) and (3) to ensure that it is operating properly.
(f) UST system owners and operators must maintain records of each repair for the remaining operating life of the UST system that demonstrate compliance with the requirements of this section.
Owners and operators of UST system must cooperate fully with inspections, monitoring, and testing conducted by the implementing agency, as well as requests for documents submission, testing and monitoring by the owner and operator.
(1) Reporting. Owners and operators must submit the following information to the implementing agency:
(A) Notification for all UST systems, which includes certification of installation for new UST systems,
(B) Reports of all releases including suspected releases, spills and overfills, and confirm releases;
(C) Corrective actions planned or taken including initial abatement measures, initial site characterization, free product removal, investigation of soil and ground-water cleanup, and corrective action plan; and
(D) Repairs made to UST systems; and
(E) A notification before permanent closure or change-in-service.
(2) Recordkeeping. Owners and operators must maintain the following information.
(A) A corrosion expert’s analysis of the site corrosion potential if corrosion protection equipment is not used.
(B) Documentation of operation of corrosion protection equipment.
(C) Documentation of UST system repairs.
(D) Recent compliance with release detection equipment.
(E) Results of site investigation conducted at permanent closure.
(3) Availability and Maintenance of Records. Owners and operators must keep the records required either :
(A) At the UST site and immediately available for inspection by the implementing agency; or
(B) At a readily available alternative site and be provided for inspection to the implementing agency upon request.
(C) In the case of permanent closure records required under 24.0773, owners and operators are also provided with the additional alternative of mailing closure records to the implementing agency if they cannot be kept at the site or an alternative site as indicated above.
The following standards are applicable to new above ground storage tanks and attached piping installed after the effective date of these regulations. New tanks must be:
(1) equipped with the means to detect and prevent the overfilling of the tank before any discharge can occur; and
(2) equipped with secondary containment adequate to contain the volume of the tank or in the case of multiple tanks in one containment area, adequate to contain the volume of the largest tank.
(a) Owners and operators of new and existing UST systems must provide a method, or combination of methods, of release detection that:
(1) Can detect a release from any portion of the tank and the connected underground that routinely contains product.
(2) Is installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition; and
(3) Meets the performance requirements in 24.0742 or 24.0743 with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer. In addition, methods used after December 22, 1990 except for methods permanently installed prior to that prior to that date, must be capable of detecting the leak rate or quantity specified for that method in 24.0742,(2), (3), and
(4) or 24.0743(1) and (2) with a probability of detection of 0.95 and a probability of false alarm of 0.05.
(b) When a release detection method operated in accordance with the performance standards in 24.0742 and 24.0743 indicates a release may have occurred, owners and operators must notify the implementing agency in accordance with 24.0750.
(c) Owners and operators of all UST systems must comply with the release detection requirements of this subchapter by the enactment of this rule.
Owners and operators of petroleum UST systems must provide release detection for tanks and piping as follows:
(1) Tanks. Tanks must be monitored at least every 30 days for releases using one of the methods listed in 24.0742(4) through (8) except that:
(A) UST systems that meet the performance standards in 24.0710 or 24.0711, and the monthly inventory control requirements in 24.0742(1) or (2), may use tank tightness testing (conducted in accordance with 24.0742(3) at least every 5 years until December 22, 1998, or until 10 years after the tank is installed or upgraded under 24.0711(b), whichever is later;
(B) UST systems that do not meet the performance standards in 24.0710 or 24.0711 may use inventory controls (conducted in accordance with 24.0742(1) or (2) and annual tank tightness testing (conducted in accordance with 24.0742(3) until December 22,1998 when the tank must be upgraded under 24.0711 or permanently closed under 24.0770; and
(C) Tanks with capacity of 550 gallons or less may use weekly tank gauging (conducted in accordance with 24.0742(2).
(2) Piping. Underground piping that routinely contains regulated substance must be monitored for releases in a manner that meets one of the following requirements:
(A) Pressurized piping. Underground piping that conveys regulated substances under pressure must:
(i) Be equipped with an automatic line leak detector conducted in accordance with 24.0743 (1); and
(ii) Have an annual line tightness test conducted in accordance with 24.0743(2) or have monthly monitoring conducted in accordance with 24.0743(3).
(B) Suction piping. Underground piping that conveys regulated substances under must either have a line tightness test conducted at least every 3 years and in accordance with 24.0743(2), or use a monthly monitoring method conduct in accordance with 24.0743(3).No releases detection is required for suction piping that is designed and constructed to meet the following standards:
(i) The below-grade piping operates at less than atmospheric pressure;
(ii) The below-grade piping is slope so that the contents of the pipe will drain back into the storage tank if the suction is released;
(iii) Only one check valve is included in each suction line;
(iv) The check valve is located directly below and as close as practical to the suction pump; and
(v) A method is provided that allows compliance with paragraphs (2)(B)(iii) through (iv) of this section to be readily determined.
Each method of release detection for tanks used to meet the requirements of 24.0741 must be conducted in accordance with the following:
(1) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted monthly basis in the following manner:
(A) Inventory volume measurements for regulated substance inputs, withdrawals and the amount still remaining in the tank are recorded each operating day;
(B) The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth of an inch;
(C) The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;
(D) Deliveries are made through a drop tube that extends to within one foot of the bottom;
(E) Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn; and
(F) The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month.
(2) Manual tank gauging. Manual tank gauging must meet the following requirements:
(A) Tank liquid level measurements are taken at the beginning and ending of a period at least 36 hours during which no liquids is added to or removed from the tank;
(B) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of a period;
(C) The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth of an inch;
(D) A leak is suspected and subject to the requirements of 24.0750 if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:
Nominal Weekly Monthly standard tank Standard (average of four tests) capacity (one test)
550 gallons or less 10 gallons………. 5 gallons………….
551-1,000 gallons 13 gallons………. 7 gallons………..
1,001-2,000 gallons 26 gallons……….. 13 gallons…………
(E) Only tanks of 550 gallons or less nominal or capacity may use this as the sole method of release detection. Tanks of 551 to 2,000 gallons nominal capacity may not use the method in place of manual inventory control in 24.0742(1). Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this subchapter.
(3) Tank tightness testing. Tank tightness testing (or another test of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.
(4) Automatic tank gauging. Equipment for automatic tank gauging that test for the loss of product and conducts inventory control must meet the following requirements:
(A) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product; and
(B) Inventory control (or another test of equivalent performance) is conducted in accordance with the requirements of 24.0742(1)
(5) Vapor Monitoring. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:
(A) The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow diffusion of vapors from releases into the excavation area;
(B) The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event a release from the tank;
(C) The measurement of vapors by the monitoring device is not rendered inoperative by the ground water, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days;
(D) The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank:
(E) The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component or components of that substance, or a tracer compound placed in the tank system;
(F) In UST excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (5)(A) through (E) of this section and to establish the number and the positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product; and
(G) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.
(6) Ground-water monitoring. Testing or monitoring for liquids on the ground water must meet the following requirements:
(A) The regulated substance stored is immiscible in water and has a specific gravity of less than one;
(B) Ground water is never more than 20feet from the ground surface and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the soil should consist of gravel, coarse to medium sand, coarse silts or other permeable materials);
(C) The slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low ground-water conditions;
(D) Monitoring wells shall be sealed from the ground surface to the top of the filter pack;
(E) Monitoring wells or devices intercept the excavation zone or are so close to it as is technically feasible;
(F) The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth of an inch of free product on top of the ground water in the monitoring wells;
(G) Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (6)(A) through (E) of this section and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product; and
(H) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.
(7) Interstitial monitoring. Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:
(A) For double-walled UST systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product;
(B) For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the UST system and the secondary barrier;
(i) The secondary barrier around or beneath the UST system consists of artificially constructed materials that is sufficiently thick and impermeable (at least 10-6 cm/sec for the regulated substance stored) to direct a release to the monitoring point and permit its detection;
(ii) The barrier is compatible with the regulated substance stored so that a release from UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;
(iii) For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system;
(iv) The ground water, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30days;
(v) The site is assessed to ensure that the secondary barrier is always above the ground water and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions; and,
(vi) Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.
(C) For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner is compatible with the substance stored.
(8) Other methods. Any other type of release detection method, or combination of methods, can be used if:
(A) It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05; or
(B) The implementing agency may approve another method if the owner and operator can demonstrate that the methods allowed in paragraphs (3) through
(8) of this section. In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability with witch it can be detected. If the method is approved, the owner and operator must comply with any conditions imposed by the implementing agency on its use to ensure the protection of human health and the environment.
Each method of release detection for piping used to meet the requirements of 24.0741 must be conducted in accordance with the following:
(1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10pounds per square inch line pressure within 1 hour. An annual tests of the operation of the leak detector must be conducted in accordance with manufacturer’s requirements.
(2) Line tightness testing. A periodic test of piping may be conducted only if it can be detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure.
(3) Applicable tank methods. Any methods in 24.0742 (5) through (8) may be used if they are designed to detect a release form of any portion of the underground piping that routinely contains regulated substances.
All UST owners and operators must maintain records in accordance with 24.0724 demonstrating compliance with all applicable requirements of this subchapter. These records must include the following :
(1) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for 5 years, or for another reasonable period of the time determine by the implementing agency, from the date of installation;
(2) The results of any sampling, testing, or monitoring must be maintained for at least 1 year, or for another reasonable period of time determined by the implementing agency, except that the results of tank tightness testing must be retained until the next test is conducted; and
(3) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site must be maintained for t least one year after the servicing work is completed.
Owners and operators of UST systems must report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and follow the procedures in this subchapter for any of the following conditions:
(1) The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water.)
(2) Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the tank), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced; and,
(3) Monitoring results from a release detection method required under 24.0742 through 24.0743 that indicate a release may have occurred unless:
(A) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; or
(B) In the case of inventory control, a second month of data does not confirm the initial result
(4) Any leak, spill, overfill, discharge or other release from any tank shall be stopped as soon as practicable. Expenses incurred by others to stop any discharge are the responsibility of the operator.
(5) Any tank from which a release has been detected shall:
(A) be immediately removed from service until the tank is repaired or replaced; and
(B) meet the installation standards for new underground storage tanks contained in 24.0710 or the installation standards for new above ground storage tanks contained in 24.0730 as appropriate before being returned to service.
(6) The owners and operators of any tank from which a release has been detected must immediately clean up all released material to background levels, levels required by other territorial or Federal regulations or to a level approved in writing by the commission which is protective of human health and the environment. The commission will determine the appropriate clean up levels.
Note: Reference 40CFR Part 280Subpart F- Release Response and Corrective Action for UST Systems Containing Petroleum of Hazardous Substances.
(7) In addition to the required cleanup in subsection (6) above, the commission may require the operator to conduct any investigations, monitoring, surveys, testing, or other activities necessary to identify the extent of a release, the effectiveness of a clean up, the material released the source of the leak or the extent of the danger to public health, safety, welfare or the environment.
(8) Owners and operates must develop an Emergency Response Plan (ERP) for the site. The plan must address anticipated emergencies. EPA’s and OSHA’s hazardous waste operations and emergency response (HazWoper ) standards (29 CFR 1910.120, 40 CFR 311) should be used for reference in the development of the plan. The plan at a minimum must include:
(A) pre-emergency planning;
(B) personnel roles, lines of authority, training and communications;
(C) emergency recognition and prevention;
(D) safe distance and places of refuge;
(E) site security and control;
(F) evacuation routes and procedures;
(H) emergency medical treatment and first aid;
(I) emergency alerting and response procedures;
(J) critique of response and follow-up; and
(K) personal protective equipment an emergency equipment.
(9) All waste collected from any spill clean-up must be disposed of properly according to local and federal laws.
The owners and operators of all underground and above ground storage tanks are responsible for the costs of monitoring for releases, clean up and proper disposal of any soil or water contaminated by releases, tank repair and/or replacement, compensation of third parties for bodily injury or property damage and any other costs incurred from operating a storage tank.
Any tank removed from service prior to the effective date of these rules or any tank to be removed from service for more than 12 months shall be permanently closed. Permanent closure includes:
(1) At least 30 days before beginning either permanent closure or a change-in-service under paragraphs (2) and (3) of this section, or within another reasonable time period determined by the implementing agency, owners and operators must notify the implementing agency of their intent to permanently close or make the change-in-service.
(2) To permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently must also be either removed from the ground or filled with an inert solid material.
(3) Continued use of an UST system to store a non-regulated substance is considered a change-in-service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with 24.0772.
(4) If a UST is permanently closed and removed from the ground, the UST cannot be reused as an AST. The tank must be properly disposed as approved by the implementing agency.
(5) Workers /contractors performing cleaning and/or removal of the implementing agency and requirements meet or exceed OSHAs and EPAs hazardous waste operations (29 CFR 1910.120 : 40-Hour HazWoper.)
Note: The following cleaning and closure procedures may be used to comply with this section: (A) American Petroleum Institute Recommended Practice 1604, “Removal and Disposal of Used Underground Petroleum Storage Tanks”;
(B) American Petroleum Institute Publication 2015, “Cleaning Petroleum Storage Tanks”;
(C) American Petroleum Institute Recommended Practice 1631, “Interior Lining of Underground Storage tanks, may be used as guidance for compliance with this section; and
(D) The National Institute for Occupational Safety and Health, “Criteria for a Recommended Standard * * * Working in Confined Space” may be used as guidance for conducting safe closure procedures at some hazardous substance tanks.
(a) When a UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with 24.0721, and any release detection in accordance with Subchapter E. Subchapter F must be complied with if a release is suspected or confirmed. However, release detection is not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system
(b) When an UST system is temporarily closed for 3 months or more, owners and operators must also comply with the following requirements:
(1) Leave vent lines open and functioning; and
(2) Cap and secure all the other lines, pumps, manways, and ancillary equipment.
(c) When an UST system is temporarily closed for more than 12 months, owners and operators must permanently close the UST system if it does not meet either performance standards in 24.0710 for new UST systems or the upgrading requirements in 24.0711 except that the spill and overfill equipment requirements do not have to be met. Owners and operators must permanently close the substandard UST systems at the end of this 12-months in accordance with 24.0770, unless the implementing agency provides an extension of the 12-month temporary closure period. Owners and operators must complete a site assessment in accordance with 24.0772 before such an extension can be applied for.
(d) The owner and operator must tag the fill pipe and pipe and pump of the UST system in temporary closure with a status label issued by the implementing agency.
(a) Before permanent closure or a change-in-services is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In the selecting sample types, sample locations, and measurement methods, owners and operators must consider the method of closure, the nature of the stored substance, the type of backfill, the depth to ground water, and other factors appropriate for identifying the presence of a release. The requirements of this section are satisfied if one of the external release detection methods allowed in 24.0742(5) and (6) is operating in accordance with the requirements in 24.0742 at the time of closure, and indicates no release has occurred.
(b) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under paragraph (a) of this section, or by any other manner, owners and operators must begin corrective action in accordance with Subchapter F.
Owners and operators must maintain records in accordance with 24.0724 that are capable of demonstrating compliance with closure requirements under this section. The results of the excavation zone assessment required in 24.0772 must be maintain for at least 3 years after completion of permanent closure or change-in-service in one of the following ways:
(1) By the owners and operators who took the UST system out of service;
(2) By the current owners and operators of the UST system site; or
(3) By mailing these records to the implementing agency if they cannot be maintained at the closed facility.
(a) Content of Compliance Certificates
(1) A compliance certificates includes one decal as described in (2) of this section, one file copy of the decal as described in (3) of this section, and one tag for each tank storing petroleum as described in (4) of this section.
(2) A decal shall have an adhesive-backing and shall be 5 inches wide by 8 inches long containing:
(A) a graphic comprised of the ASEPA logo;
(B) the words, “Underground Storage Tank Facility Compliance Certificates;”
(C) the statement, “This compliance certificate is issued pursuant to Chapter 7, Section 24.0713(f), American Samoa Annotated Code;”
(D) a certificate number affixed mechanically at the time of production;
(3) A file copy hall be paper, 8 ½ inches wide by 11inches long, and shall contain:
(A) in the upper right corner, a certificate number affixed at the time of production;
(B) an unnumbered, black and white facsimile of the compliance certificate;
(C) instructions to the implementing agency to enter the name of the owner, and facility; village, mailing address, facility identification number; name of issuing agency; and date of issue.
(4) A tag made of plastic. It shall bear a facsimile of an unnumbered decal on both Sides and contains the words, “UST COMPLIES WITH ASAC, CHAPTER 7.”
(b) Issuing Compliance Certificates
(1) The implementing agency shall provide decals, file copies, tags, and nylon straps for issuance to underground storage tank facilities.
(2) The implementing agency shall issue one decal to the owner or operator of each underground storage tanks meeting the requirements of 24.0710 and 24.0711.
(3) The implementing agency shall issue one matching file copy of the decal to the owner or operator.
(4) The implementing agency shall issue one tag for each petroleum underground storage tank meeting the requirements of 24.0710 and 24.0711, to the owner or operator.
(5) The implementing agency shall issue one locking nylon strap, for each tag issued.
(c) Displaying Compliance Certificates
(1) A decal shall be displayed at the facility in a location visible to the person delivering petroleum to an underground storage tank.
(2) A tag shall be displayed on the fill pipe of each underground storage tank. It shall be attached a nylon strap described in (a)(4) of this section.
(d) Replacing Compliance Certificates
(1) A facility owner or operator may request replacement of a lost, stolen, or destroyed decal, file copy, tag, or strap from the implementing agency. The request must be in in writing, signed under penalty of perjury by the requester, and include the reason for the request and any additional information as required by the implementing agency.
(2) The implementing agency may replace a decal, file copy, tag, or nylon strap to the facility owner or operator upon receipt of a written request. No replacements shall be issued if the implementing agency determines that the request is not due to loss, theft, or destruction of the originals.
(e) Lists of Underground Storage Tank Facilities
(1) The implementing agency shall maintain lists of underground storage tank facilities that have been issued a compliance certificate. The lists shall include, but not to be limited to the name and physical address of the facility, the compliance certificate number, and the name of the owner.
(2) The implementing agency shall provide copies of lists to any person upon request.
(1) No person shall alter a compliance certificate decal.
(2) Unless authorized by the implementing agency, no person shall alter a compliance certificate file copy. The implementing agency may amend the file copy to reflect changes in the operating permit.
(3) No person shall deliver petroleum to an underground storage tank without verification that the underground storage tank meets the requirements of Section 24.0710 or 24.0711. Verification may include one of the following:
(A) viewing a compliance certificate decal displayed at the facility and viewing a fill pipe tag attached to the tank receiving petroleum;
(B) obtaining written verification or lists from the implementing agency confirming that the facility has received a compliance certificate decal and viewing a fill pipe tag attached to the tank receiving petroleum;
(C) obtaining a compliance certificate file copy and viewing a fill pipe tag attached to the tank receiving petroleum