7 CCR 1101-14-3-3 - Operation

3-3-1 Spill and Overfill Protection
(a) General Requirements
(1) After December 22, 1996, facilities shall be provided so that any accidental discharge of any Class I, II or IIIA liquids will be prevented from endangering important facilities, and adjoining property, or reaching waterways, as provided for in subsections (b) or (c) except that tanks storing Class IIIB liquids do not require special drainage or diking provisions for fire protection purposes.
(2) Owners/operators of ASTs must ensure that releases due to spilling or overfilling do not occur. The owner/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 transfer is made; and that the transfer operation is monitored constantly to prevent overfilling and spilling.
(i) Where electronic or mechanical gauges are used for determining tank volume (ground-level tape gauges, clock face gauges, etc.), the gauge shall be calibrated annually, per manufacturer instructions. These calibrations shall be documented and maintained.
(3) Spill and overfill prevention equipment is required for all ASTs installed after September 30, 1994. Means shall be provided for determining the liquid level in each tank and be accessible to the delivery operator. Specifically, for all ASTs installed after September 30, 1994, at service stations, and for all secondary containment type tanks without diking or impounding protection, the equipment shall automatically stop the delivery of liquid to the tank when the liquid level in the tank reaches 95 percent of capacity or sound an audible alarm when the liquid level in the tank reaches 90 percent of capacity.
(4) Delivery operations shall comply with the following requirements:
(i) The delivery vehicle shall be separated from any AST by at least 25 ft. (7.6 m) for class I liquids and by at least 15 ft. for class II and class III liquids, measured from the nearest fill spout or transfer connection.
(ii) Tank filling shall not begin until the delivery operator has determined tank ullage (available capacity) based on direct liquid level measurement converted to gallons or some equivalent method.
(A) Where spill and overfill prevention equipment that will automatically stop the delivery of liquid to the tank or sound an audible alarm that can be heard by the delivery operator described in 3-3-1 -(a)(3) does not exist, tank ullage and the amount of product delivered must be documented and maintained.
(iii) For ASTs installed after September 30, 1994, a check valve and a shutoff valve with a quick-connect coupling or a check valve with a dry-break valve shall be installed in the piping at a point where connection and disconnection is made for delivery from the bulk delivery vehicle to the AST. This device shall be protected from tampering and physical damage.
(5) The owner/operator must report, investigate, and clean up any spills and overfills in accordance with Articles 4 and 5 of these Regulations.
(b) Remote Impounding.

Where protection of adjoining property or waterways is by means of drainage to a remote impounding area, so that impounded liquid will not be held against tanks, such systems shall comply with the following:

(1) A slope of not less than 1 percent away from the tank shall be provided for at least 50 ft. toward the impounding area.
(2) The impounding area shall have a net capacity not less than that of the largest tank that can drain into it plus an allowance for precipitation.
(3) The route of the drainage system shall be so located that, if the liquids in the drainage system are ignited, the fire will not seriously expose tanks or adjoining property.
(4) The confines of the impounding area shall be located so that, when filled to capacity, the liquid level will not be closer than 50 ft. from any property line that can be built upon, or from any tank.
(c) Impounding Around Tanks by Diking

Exception: Size and spacing requirements for dikes enclosing existing ASTs may be reduced or waived by the Director if he determines that there are equivalent safety measures at the facility.

When protection of adjoining property or waterways is by means of impounding by diking around the tanks, such system shall comply with the following:

(1) For ASTs installed after September 30, 1994, a slope of not less than 1 percent away from the tank shall be provided for at least 50 ft. or to the dike base, whichever is less.
(2) After December 22, 1996, the volumetric capacity of the diked area shall not be less than the greatest amount of liquid that can be released from the largest tank within the diked area, assuming a full tank. To allow for volume occupied by tanks, the capacity of the diked area enclosing more than one tank shall be calculated after deducting the volume of the tanks, other than the largest tank, below the height of the dike.
(3) For ASTs installed after September 30, 1994, to permit access, the outside base of the dike at ground level shall be no closer than 10 ft. to any property line that is, or can be, built upon.
(4) After December 22, 1996, walls of the diked area shall be of non-permeable earth, steel, concrete, or solid masonry designed to be liquid tight and to withstand a full hydrostatic head for enough time until any release therein can be cleaned up. For all AST dikes installed after September 30, 1994, the floor of the diked area must be impervious enough to contain the product for enough time until any release therein can be cleaned up. Earthen walls 3 ft. or more in height shall have a flat section at the top not less than 2 ft. wide. The slope of an earthen wall shall be consistent with the angle of repose of the material of which the wall is constructed. Diked areas for tanks containing Class I liquids located in extremely porous soils may require special treatment to prevent seepage of hazardous quantities of liquids to low-lying areas or waterways in case of spills.
(5) Except as provided in subsection (6) below, the walls of the diked area shall be restricted to an average interior height of 6 ft. above interior grade.
(6) Dikes may be higher than an average of 6 ft. above interior grade where provisions are made for normal access and necessary emergency access to tanks, valves, and other equipment, and safe egress from the diked enclosure.
(i) Where the average height of the dike containing Class I liquids is over 12 ft high, measured from interior grade, or where the distance between any tank and the top inside edge of the dike wall is less than the height of the dike, provisions shall be made for normal operation of valves and access to tank roof without entering below the top of the dike. These provisions may be met through the use of remote-operated valves, elevated walkways, etc.
(ii) Piping passing through dike walls shall be designed to prevent excessive stresses as a result of settlement or fire exposure.
(iii) For ASTs installed after September 30, 1994, the minimum distance between tanks and toe of interior dike walls shall be 5 ft.
(7) Where provision is made for draining water from diked areas, such drains shall be controlled in a manner so as to prevent flammable or combustible liquids from entering natural water courses, public sewers, or public drains. Control of drainage shall be accessible under fire conditions from outside the dike.
(8) Storage of combustible materials, empty or full drums, or barrels, shall not be permitted within the diked area.
(d) Secondary Containment Tanks may be installed without special drainage or diking if they are constructed to meet all the following requirements:
(1) The capacity of the tank shall not exceed 12,000 gallons for Class I liquids or 20,000 gallons for Class II and IIIA liquids; and
(2) All piping connections to the tank are made above the normal maximum liquid level; and
(3) Means are provided to prevent the release of liquid from the tank by siphon flow; and
(4) The outer tank must contain a release from any portion of the inner tank within the outer wall; and
(5) For ASTs installed after September 30, 1994, spacing between adjacent tanks shall be not less than three (3) feet (0.9 M); and
(6) Tanks that are not listed as UL 2085 Standard for Protected Aboveground Tanks for Flammable and Combustible Liquids must be protected from collisions as described in 3-2-1(i); and
(7) The system must prevent spills by being equipped with:
(i) A check valve and a shutoff valve with a quick-connect coupling or a check valve with a dry-break valve which is installed in the piping at a point where connection and disconnection is made for delivery from the vehicle to any AST; or
(ii) If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank to prevent or contain any spill at the fill opening during delivery operations; and
(8) ASTs must prevent overfills by means of equipment that will shut off liquid flow to the tank when the liquid level in the tank reaches 95% of capacity or sound an audible alarm when the liquid level in the tank reaches 90% of capacity.
(e) Secondary containment areas must be maintained free of accumulations of water, leaves, weeds, flammable material, non U.L. listed tanks or drums, and anything else that might interfere with the containment purpose of such areas.
3-3-2 Corrosion Protection
(a) Internal Corrosion Protection For ASTs Installed After September 30, 1994.

When ASTs installed after September 30, 1994, are not designed in accordance with the American Petroleum Institute, American Society of Mechanical Engineers, or the Underwriters Laboratories Inc. Standards, or if corrosion is anticipated beyond that provided for in the design formulas used, additional metal thickness or suitable protective coatings or linings shall be provided to compensate for the corrosion loss expected during the design life of the tank.

(b) External Corrosion Protection for ASTs installed after September 30, 1994.

For those portions of an AST system installed after September 30, 1994, including the product pipelines that normally contain regulated substances and are in contact with the soil or with an electrolyte that may cause corrosion of the AST system, tanks and piping must be protected by either:

(1) A properly engineered, installed and maintained cathodic protection system in accordance with recognized standards of design, such as:
(i) National Association of Corrosion Engineers Standard RP-01-69, "Control of

External Corrosion of Underground or Submerged Metallic Piping Systems" ;

(ii) National Association of Corrosion Engineers Standard RP-02-85 , "Control of

External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems" ; or;

(2) Approved or listed corrosion-resistant materials or systems, which may include special alloys, fiberglass reinforced plastic, or fiberglass reinforced plastic coatings.
(c) External Coating of all Elevated Tanks.

For installations where tanks and piping are not in contact with soil or with an electrolyte, corrosion protection may consist of an appropriate external coating.

(d) Cathodic Protection Requirements.

Owners/operators must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as a cathodically protected AST system is used to store 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) Performance 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.
(3) Periodic Inspections - AST systems with impressed current cathodic protection systems must be inspected every 60 calendar days to ensure that the equipment is running properly.
(e) Tanks that are not cathodically protected must be tested within 5 years after October 1, 1994, and once every two years thereafter by either:
(1) An external visual inspection, that includes the bottom of the tank, for corrosion or other visible damage; or
(2) A leakage test of any type approved by the Director; or
(3) An internal inspection for corrosion or other visible damage; or
(4) Comply with some other alternative test for corrosion or leakage as specified by and approved by the Director in the future.
3-3-3 Release Detection
(a) General Requirements for all AST Systems.
(1) ASTs that are not in contact with the ground or any electrolyte that might cause corrosion of the tank must be visually inspected at least once per month by operating personnel to detect any leakage from tank seams, connections, and fittings, including piping. Any such leakage must be repaired immediately and reported under the repair and reporting requirements of these regulations.
(2) ASTs, including metal supporting structures, that are in contact with the soil or that are in contact with an electrolyte that may promote corrosion of the tank must be inspected as in subsection (1) above and be protected from corrosion or tested periodically to prove that they are not seriously corroded, as described in 3-3-2(e).
(3) AST system piping that is not in contact with the soil or with an electrolyte that might cause corrosion of the piping must be inspected at least once each month to detect leakage from pipe seams, connections, and fittings. Any such leakage that may exceed the reportable quantity (25 gallons) must be repaired immediately and reported as in Article 4.
(4) Underground AST piping shall meet the release detection requirements in 2-3-4 -3.
(i) Pressurized piping described in 3-2-1(g)(1)(i) shall meet the release detection requirements (automatic leak detector and line tightness testing) in 2-3-4 -3(a), except that where there is no pump installed between the tank and underground piping, the requirement for an automatic line leak detector in 2-3-4 -3(a)(1) does not apply.
(ii) Suction piping described in 3-2-1(g)(1)(A) shall meet the release detection requirements in 2-3-4 -3(b).
(5) Inventory control shall be performed and documented for all single-wall ASTs installed on earthen materials, and all ASTs connected to underground pressurized piping that is not being monitored for releases in accordance with 2-3-4 -3(a)(2)(ii). Accurate daily inventory records shall be maintained and reconciled for all applicable storage tanks.
(b) Release Detection for Secondary Containment Tanks

Secondary Containment tanks that are installed without special drainage or diking according to 3-3-1(b) or (c) must be visually inspected at least once each month to ensure that there has been no failure of the outer wall of the secondary containment tank. An interstitial liquid detector or some other positive means of leak detection must be installed to detect leaks from the inner wall of the tank; and operation of that leak detector must be verified at least monthly. A record of the inspection must be maintained [See ยง 3-3-5].

(c) All AST system tank and piping fittings, connections, valves, auxiliary equipment that contains product, secondary containment areas, etc. must be maintained free of obstructions that would interfere with visual detection of leaks and spills.
3-3-4 Testing and Compliance Inspections
3-3-4-1 Testing
(a) Initial Testing
(1) All new ASTs shall be tested before they are placed in service in accordance with the requirements of the standard or code under which they were built.
(i) An AST marked with an approved listing is considered to be in compliance with this requirement, as the testing is part of the standard to which it was constructed. Tanks not marked with an approved listing shall be tested before they are placed in service in accordance with recognized engineering standards.
(b) Tightness Testing
(1) In addition to the initial testing of 3-3-4 -1(a), all new and used tanks and connections shall be tested for tightness after installation/reinstallation and before being placed in service in accordance with manufacturer instructions, or NFPA 30 "Flammable and Combustible Liquids Code"where no manufacturer instructions exist. This test shall be made at operating pressure with air, inert gas, or water.
(i) Air pressure shall not be used to test tanks that contain flammable or combustible liquids or vapors.
(ii) Where the vertical length of the fill and vent pipes is such that, when filled with liquid, the static head imposed on the bottom of the AST exceeds a gauge pressure of 10 psi, the tank and its related piping shall be tested hydrostatically to a pressure equal to the static head, using recognized engineering standards. Under no circumstances should the test pressure exceed the design pressure of the AST.
3-3-4-2 Inspections
(a) All steel ASTs shall be inspected and maintained in accordance with STI SP001, "Standard for the Inspection of Aboveground Storage Tanks", or API Standard 653, "Tank Inspection, Repair, Alteration, and Reconstruction", whichever is applicable.
(b) Monthly Visual Inspections

The owner/operator must conduct visual inspections of the tank system each month and document the results of the inspection on a form provided by the Director or on an equivalent form. These monthly visual inspections satisfy the requirements described in 3-3-3(a)(1) through (3).

(c) Annual Visual Inspections
(1) Annual inspections of all steel ASTs shall be performed, documented, and retained according to the requirements of STI SP001 "Standard for the Inspection of Aboveground Storage Tanks".
(i) This inspection does not include ultrasonic testing (UT), and can be performed by an individual knowledgeable of storage facility operations, the type of AST and its associated components, and characteristics of the liquid stored.
(ii) Annual inspections shall be performed within 12 months after April 14, 2011, and during the same month in each year thereafter.
(d) Periodic Inspections
(1) External and internal inspections, and leak testing, shall be performed and documented according to the requirements of the standard being followed.
(i) These inspections shall be performed by inspectors meeting the qualifications required by the standard being followed.
(ii) The applicability and frequency of these inspections is determined by the AST type, capacity, type of installation, corrosion rate, inspection history, and standard being followed according to guidance provided by OPS.
(iii) For any new or used AST being installed, and all existing ASTs, the first inspections and testing required by this subsection are due as indicated in Table 8 below.

[Note: For Table 8, inspection frequency shall be determined based on the requirements in the selected inspection standard listed in (c)(1).]

TABLE 8

First External and Internal Inspections, and Leak Testing Due

Type of AST

Age of AST

Previous inspections conducted?

Re-inspection due date is exceeded ?

The inspection is due

AST Installations

New

at the time of installation is

new

No

N/A

when the age of the AST = the inspection frequency

Used

at the time of installation is <= the inspection frequency

Yes

Yes

before installation **

Used

at the time of installation is <= the inspection frequency

Yes **

No

re-inspect per subsection (iv) below

Used

at the time of installation is <= the inspection frequency

No

N/A

when the age of the AST = the inspection frequency

Used

at the time of installation is > the inspection frequency

Yes

Yes

before installation **

Used

at the time of installation is > the inspection frequency

Yes **

No

re-inspect per subsection (iv) below

Used

at the time of installation is > the inspection frequency

No

N/A

before installation **

Existing

on 10/14/2012 is <= the inspection frequency

Yes

Yes

before 10/14/2012

Existing

on 10/14/2012 is <= the inspection frequency

Yes

No

re-inspect per subsection (iv) below

Existing

on 10/14/2012 is <= the inspection frequency

No

N/A

when the age of the AST = the inspection frequency

Existing

on 10/14/2012 is > the inspection frequency

Yes

Yes

before 10/14/2012

Existing

on 10/14/2012 is > the inspection frequency

Yes

No

re-inspect per subsection (iv) below

Existing

on 10/14/2012 is > the inspection frequency

No

N/A

before 10/14/2012

**A copy of the inspection report must be included with the installation application required by 3-2-3(a).

(iv) Re-inspection of all ASTs shall occur in the same month as the previous inspection, during the next inspection year established by the applicable inspection frequency.
(e) The Director shall have authority to enter in or upon the premises of any facility that contains an AST system containing a regulated substance, for the purpose of verifying that such AST system and its required records are in compliance with these regulations.
3-3-5 Record Keeping
(a) Owners/operators must maintain the following records for an AST site as applicable:
(1) Installation permits for newly installed tanks, reinstalled used tanks or permits for upgrading existing tanks must be maintained for 5 years.
(2) Tank registration records or record of facility ID number retained until closure.
(3) Records of repairs that have been performed within the last 5 years.
(4) Monthly and annual visual inspection records of the AST system must be kept for one year. Formal inspection reports and supporting documents shall be retained for the life of the tank.
(5) Most recent underground piping precision test records must be maintained.
(6) Records showing the history of each AST in terms of which Class and type of product has been stored in that tank, shall be maintained for at least one year.
(7) Electronic/mechanical tank gauge calibration documentation required by 3-3-1(a)(2)(i) must be kept for one year.
(8) Tank ullage documentation required by 3-3-1(a)(4)(ii)(A) must be kept for one year.
(9) Inventory control records required by 3-3-3(a)(5) must be kept for one year.
(10) LNAPL removal records must be maintained to document proper operation following any release of product within the last five years.
(11) Records showing the changes in status of tanks that have been temporarily closed at times then returned to service, should be maintained for at least two (2) years. Records need not be kept for tanks that have been permanently closed.
(12) Records of the operation of the cathodic protection system including results of 60-day inspection as required in 3-3-2(d)(3).
(b) Records must be maintained at the AST site and immediately available for inspection by the Director; or at a readily available alternative site and be provided for inspection within 24 hours to the Director upon request.
(c) Notwithstanding the above, to be eligible for the Fund, persons may be required to maintain the above or other records in accordance with Fund requirements.

Notes

7 CCR 1101-14-3-3
37 CR 18, September 25, 2014, effective 10/15/2014 39 CR 18, September 25, 2016, effective 1/1/2017 40 CR 05, March 10, 2017, effective 5/1/2017 40 CR 07, April 10, 2017, effective 5/1/2017 41 CR 07, April 10, 2018, effective 5/1/2018 42 CR 04, February 25, 2019, effective 3/17/2019

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