Sec. 598.5. Upgrading tank systems

(a) Upgrading underground tanks and piping.

By December 22, 1998, all existing underground tanks and on-ground and underground piping must meet the standards for new construction found in sections 599.3 through 599.5, inclusive, and 599.12 through 599.18, inclusive, of this Title or be closed in accordance with section 598.10(c) of this Part.

(b) Upgrading aboveground tanks and pipes.

(1) By December 22, 1999, all aboveground tanks must be upgraded to comply with sections 599.8(a) through (e) and (h); 599.17(a), (b)(1)(i) and (iii), (b)(2); and 599.18 of this Title.

(2) By December 22, 1999, all aboveground piping must be upgraded in accordance with piping standards set forth in section 599.13(a) and (b) of this Title.

(c) Secondary containment systems for aboveground tank systems.

(1) By December 22, 1999, all aboveground tank systems which are used to store a hazardous substance must be equipped with a secondary containment system in accordance with section 599.9 of this Title. This requirement does not apply to piping except as required in subdivision (a) of this section. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned up, whichever comes first.

(2) Where an alternative practice or structure provides equivalent protection, such practice or structure may be followed if it is no less protective of public health, safety and environment than section 599.9 of this Title and has been inspected by a qualified engineer and certified to be in conformance with section 599.9. The owner or operator must describe how the alternative differs from section 599.9, how it is equivalent or superior and how it meets the performance standards set forth therein. The use of equivalent technology must be approved pursuant to section 598.1(l) of this Part.

(d) Secondary containment for transfer stations.

(1) By December 22, 1999, all transfers of hazardous substances must occur at a transfer station equipped with spill containment in accordance with section 599.17(c) of this Title. If the stored substance is a liquid at storage conditions and a gas at ambient conditions, then secondary containment must be provided to contain the liquid component of any spill until the phase change from liquid to gas occurs or the spill is cleaned up, whichever comes first.

(2) Where an alternative practice or structure provides equivalent protection, such practice or structure may be followed if it is no less protective of public health, safety and the environment than section 599.17(c) of this Title and has been inspected by a qualified engineer and certified to be in conformance with section 599.17(c). The owner or operator must describe how the system differs from section 599.17(c), how the alternative is equivalent or superior and how it meets the performance standards set forth therein. The use of equivalent technology must be approved pursuant to section 598.1(l) of this Part.

(e) Spill prevention at pumps and valves.

By December 22, 1999, the owner or operator must prevent spills and leaks at all pumps and valves which control a liquid hazardous substance by using one or more of the following methods:

(1) installation of sealless pumps and valves, fail-safe double seal pumps and valves or equivalent technology;

(2) implementation of a pump and valve maintenance and repair program. The frequency of inspection and scope of maintenance and repair must be based on a minimum of five years of actual operating and service records, manufacturer's recommendation or records for similar operations. The basis for the program, frequency of inspection, and scope of maintenance and repair must be identified in the spill prevention report; or

(3) installation of pumps and valves within a catchment basin such as a drip pan, pad or secondary containment system. The catchment basin must be designed and constructed with a permeability rate to the substance stored of 1 × 10^-6 cm/sec or less and be compatible with the hazardous substance stored. If a catchment basin is used, it must be inspected each day of operation for accumulation of liquid and have capacity adequate to contain all spills likely to accumulate in the basin.

(f) Upgrading existing storage of solids.

By December 22, 1999, hazardous substances which are water soluble solids at ambient temperature must be stored in containers which prevent entry of stormwater or in an area protected from entry of stormwater by a building or similar enclosure. The container including the floor, must be designed and constructed with a permeability rate to the substance stored of 1 × 10^-6 cm/sec or less.

(g) Upgrading container storage areas.

(1) By December 22, 1999, containers must meet the following requirements:

(i) incompatible substances stored in containers must not be stored in close proximity to each other. At minimum, they must be separated by either 30 feet; a fire wall with a fire resistant rating of not less than two hours; separate independent dikes; or other equivalent system which prevents inadvertent mixing and reduces the likelihood of an accident, release or spill;

(ii) an enclosure such as a warehouse or storm shelter must be provided for those containers which contain materials which could react with water to generate heat, cause pressure build-up in the container, or cause a fire, explosion or other adverse reaction. The enclosure must protect the containers from exposure to water, be designed to withstand storms and be anchored into the ground;

(iii) containers must be located in an area which has an impervious floor and a perimeter curb or ramp of sufficient height to contain 110 percent of the contents of the largest container or the total volume which can be spilled from interconnected containers within the containment area, whichever is greater. The floor must be designed and constructed with a permeability rate to the substance stored of 1 × 10^-6 cm/sec or less; and

(iv) containers must be designed and manufactured in accordance with a consensus code, standard or practice developed by a nationally recognized association or independent testing laboratory and be suitable for the substance stored and the conditions of storage. This provision does not apply to containers which are represented, marked, certified or sold as qualified for use in the transportation of hazardous substances and which meet applicable Federal requirements; and

(v) containers must be stored in a stable position. If such containers are stacked, they must be stacked on a stable platform or pallet.

(2) Containers which are being transported or which are located at a staging area for a period of less than five days, and railcars and truck trailers at the site for 180 days or less are exempt from the storage requirements of paragraph (1) of this subdivision.

(3) Beginning August 11, 1996, containers must meet the following requirements:

(i) each container must be labeled to identify its contents; and

(ii) inventory records must be kept for all containers stored within a container storage area. Such records must include the number of containers and the contents of each.