6 - 18 AAC 78 AK UST Regulations.pdf

DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 78

Underground Storage Tanks

Amended as of September 29, 2019

Michael J. Dunleavy Governor

Jason W. Brune Commissioner

IMPORTANT NOTE TO READER

THE REGULATIONS REPRODUCED HERE HAVE BEEN PROVIDED BY THE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PUBLIC COURTESY.

WHILE EVERY EFFORT HAS BEEN MADE TO ASSURE THE ACCURACY OF THE

REPRODUCED VERSION, THE DEPARTMENT OF ENVIRONMENTAL

CONSERVATION CANNOT GUARANTEE ITS ABSOLUTE ACCURACY. PAPER COPIES

OF THE REGULATIONS AS ORIGINALLY FILED BY THE LIEUTENANT GOVERNOR

ARE AVAILABLE FROM THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

THE REGULATIONS HAVE AN EFFECTIVE DATE OF SEPTEMBER 29, 2019, ARE IN

REGISTER 231, AND WILL APPEAR IN OFFICIAL PUBLISHED FORM IN THE

OCTOBER 2019 SUPPLEMENT TO THE ALASKA ADMINISTRATIVE CODE.

i

Table of Contents

Article 1. Underground Storage Tanks Article 2. Corrective Action for Leaking Underground Storage Tanks Article 3. UST Operators and Operator Training Article 4. Certification of Underground Storage Tank Workers and Inspectors Article 5. Storage Tank Assistance Fund Article 6. Cleanup Levels Article 7 Airport Hydrant Fuel Distribution Systems and USTs with Field Constructed Tanks 114 Article 8. Underground Storage Tank Laboratory Approval Article 9. General Provisions

Register 231, October 2019 ENVIRONMENTAL CONSERVATION

CHAPTER 78. UNDERGROUND STORAGE TANKS.

Article

1. Underground Storage Tanks (18 AAC 78.005 - 18 AAC 78.100)

2. Corrective Action for Leaking Underground Storage Tanks

(18 AAC 78.200 - 18 AAC 78.280)

3. (Repealed)

4. Certification of Underground Storage Tank Workers and Inspectors

(18 AAC 78.400 - 18 AAC 78.499)

5. Storage Tank Assistance Fund (18 AAC 78.500 - 18 AAC 78.560)

6. Cleanup Levels (18 AAC 78.600 - 18 AAC 78.625)

8. Underground Storage Tank Laboratory Approval (18 AAC 78.800 - 18 AAC 78.815)

9. General Provisions (18 AAC 78.910 - 18 AAC 78.995)

Article 1. Underground Storage Tanks.

Section

005. Applicability

007. UST Procedures Manual

008. (Repealed)

010. (Repealed)

012. Installation requirements for partially excluded USTs

015. Registration and fees

017. (Repealed)

018. Acceptance, delivery, and deposit prohibitions

020. (Repealed)

022. (Repealed)

025. Performance standards for new USTs

030. Upgrading existing USTs

035. Notification requirements

040. Spill and overfill control

045. Operation and maintenance of corrosion protection

050. Compatibility

055. Repairs allowed

056. Reporting and recordkeeping requirements

057. Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping, and periodic inspection of overfill prevention equipment

058. Periodic operation and maintenance walkthrough inspections

059. Operating inspections

060. Release detection requirements for USTs

065. Release detection methods for tanks

070. Release detection methods for piping

072. Release detection recordkeeping

075. (Repealed)

080. Temporary closure

085. Permanent closure and change-in-service

086. Applicability to previously closed USTs

087. Closure records

088. Qualified environmental professionals and qualified samplers

090. Site characterization and assessment

095. (Repealed)

100. (Repealed)

18 AAC 78.005. Applicability. (a) General requirements. The requirements of this chapter apply to each owner and operator of an underground storage tank or underground storage tank system (UST), except as otherwise provided in (c) - (e) of this section.

(b) Previously deferred USTs. Airport hydrant fuel distribution systems, USTs with field-constructed tanks, and USTs that store fuel solely for use by emergency power generators must meet the requirements of this chapter as follows:

(1) airport hydrant fuel distribution systems and USTs with field-constructed tanks must meet the requirements of this chapter except as indicated in 18 AAC 78.705;

(2) USTs that store fuel solely for use by emergency power generators installed on or before October 13, 2015, and previously deferred from the release detection requirements of this chapter, must meet the requirements of 18 AAC 78.060 - 18 AAC 78.072 on or before October 13, 2018;

(3) USTs that store fuel solely for use by emergency power generators installed after October 13, 2015 must meet all applicable requirements of this chapter at installation.

(c) Exclusions. The following USTs are excluded from the requirements of this chapter:

(1) any wastewater treatment tank system that is part of a wastewater treatment facility regulated under 33 U.S.C. 1317(b) or 1342 (sec. 307(b) or 402 of the Clean Water Act);

(2) equipment or machinery that contains petroleum for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;

(3) any UST system that contains a de minimis concentration of petroleum; and

(4) any emergency spill or overflow containment UST that is expeditiously emptied after use.

(d) Partial Exclusions. The provisions of 18 AAC 78.015 - 18 AAC 78.090, 18 AAC

78.355 - 18 AAC 78.380, and 18 AAC 78.700 - 18 AAC 78.705 do not apply to

(1) wastewater treatment tank systems not covered under (c)(2) of this section;

(2) aboveground storage tanks associated with

(A) airport hydrant fuel distribution systems regulated under 18 AAC

78.700 - 18 AAC 78.705; and

(B) USTs with field-constructed tanks regulated under 18 AAC 78.700 -

18 AAC 78.705;

(3) any USTs containing radioactive material that are regulated under 42 U.S.C.

2011 - 2297h-13 (Atomic Energy Act of 1954); and

(4) any UST that is part of an emergency generator system at nuclear power generation facilities licensed by the United States Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 C.F.R. Part 50.

(e) Tanks, pipes, and other facilities that are not USTs. USTs do not include tanks, pipes, or facilities exempted under AS 46.03.450 from the term "underground storage tank." (Eff.

3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.380 AS 46.03.405

AS 46.03.365 AS 46.03.400 AS 46.03.450

18 AAC 78.007. UST procedures manual. The department’s Underground Storage Tanks Procedures Manual (UST Procedures Manual), dated March 22, 2017, is adopted by reference. The department will use this version of the UST Procedures Manual in making determinations under this chapter. (Eff. 1/22/99, Register 149; am 6/25/99; Register 150; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 6/17/2015, Register 214; am 7/1/2017, Register 222)

Authority: AS 46.23.020 AS 46.03.365

Editor’s note: The UST Procedures Manual, adopted by reference in 18 AAC 78.007, may be viewed at or obtained from the department’s Anchorage, Fairbanks, Juneau, and Soldotna offices or the department’s Internet website at http://dec.alaska.gov/spar/guidance-forms/.

18 AAC 78.008. Operator training. Repealed. (Eff. 7/25/2012, Register 203; repealed 9/27/2018, Register 227)

18 AAC 78.010. Minimum requirements. Repealed. (Eff. 3/25/91, Register 118; am 11/3/95, Register 136; repealed 9/27/2018, Register 227)

18 AAC 78.012. Installation requirements for partially excluded USTs. (a) An owner or operator must install a UST listed in 18 AAC 78.005(d)(1), (3), or (4) storing petroleum, whether of single-wall or double-wall construction, that meets the following requirements:

(1) the UST must prevent releases caused by manufacturing defects, corrosion, or structural failure for the operational life of the UST;

(2) the UST must be cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a non-corrodible material, or designed to prevent the release or threatened release of stored petroleum; and

(3) the UST must be constructed or lined with a material that is compatible with the stored petroleum.

(b) Notwithstanding (a) of this section, a UST without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause the UST to have a release due to corrosion during its operating life. The owner or operator shall maintain records that demonstrate compliance with the requirements of this subsection for the remaining life of the tank.

(c) The department encourages use of the following codes of practice as guidance for complying with this section:

(1) NACE International Standard Practice RP 0285-2002, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002;

(2) NACE International Standard Practice SP 0169-2007, Control of External

Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007;

(3) American Petroleum Institute Recommended Practice 1632, Cathodic

Protection of Underground Petroleum Storage Tanks and Piping Systems, Third Edition, May 1996; or

(4) Steel Tank Institute Recommended Practice R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, January 2006. (Eff. 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.365

18 AAC 78.015. Registration and fees. (a) Except as provided in (e) of this section, a person who owns or operates a UST, or who intends to install, have installed, return to service, or acquire ownership of a UST, shall

(1) register the UST as required by AS 46.03.380 and pay the fee required by AS 46.03.385 within 30 days after installation, return to service, or acquisition;

(2) if the UST was installed before December 22, 1988, provide the information required by AS 46.03.380(b)(1) and (3);

(3) obtain a current tag, decal, or notice for a UST, as follows, before allowing a petroleum product to be placed in the UST:

(A) for a new UST, the department will provide a tag, decal, or notice not later than 30 days after receiving the registration; the department will not provide a tag for a UST that is permanently closed under 18 AAC 78.085;

(B) for an existing UST, the department will provide a tag, decal, or notice not later than 30 days after receiving proof that the UST is in compliance with this chapter as required under 18 AAC 78.059(g);

(C) a tag, decal, or notice expires on October 31 of the third year after issuance; and

(D) if a tag, decal, or notice is lost, stolen, or destroyed, the owner or operator may obtain a replacement by providing the department with a sworn statement or affidavit that includes the facility number and tank number assigned by the department and an explanation of why a replacement is needed;

(4) permanently affix the tag, decal, or notice described in (3) of this subsection where it

(A) can be easily be seen by a person who attempts to fill the UST; and

(B) cannot reasonably be associated with any UST other than the UST for which it was issued;

(5) ensure that a person does not

(A) tamper with or alter a tag, decal, or notice associated with a UST;

(B) remove a tag, decal, or notice associated with a UST until it expires or is replaced with a new tag, decal, or notice, unless

(i) the tank is permanently closed under 18 AAC 78.085; or

(ii) the return of the tag, decal, or notice is required under 18 AAC 78.059.

(b) The information required by AS 46.03.400 must be provided in the application for initial registration on a form provided by the department.

(c) UST registration expires on December 31 each year. The annual registration renewal fee required by AS 46.03.385(a) must be paid to the department at least 30 days before the registration expires each year and must be accompanied by the information required by AS 46.03.385(d) on a form provided by the department.

(d) If a UST is temporarily taken out of service, or if a UST is permanently closed under 18 AAC 78.085, the owner or operator need not submit the fee and information required under

(c) of this section in subsequent years unless the UST is returned to service. The owner or operator of a UST temporarily taken out of service must submit to the department, before taking the UST out of service, the Taken Out of Service or Temporary Closure form, dated February 2008 and adopted by reference, and the Empty Tank Affidavit form, dated February 2008 and adopted by reference. If the UST is returned to service, the owner or operator shall pay to the department the annual registration fee required by AS 46.03.385(a) no later than 30 days after the UST is returned to service.

(e) The owner or operator of a UST that was taken out of service or permanently closed on or before January 1, 1974, is exempt from the annual registration requirements of this section and AS 46.03.380.

(f) In assessing the late fee required by AS 46.03.385(c), the "day of payment" means the day the fee is received by the department or, if mailed, the day of postmark.

(g) In addition to the requirements of AS 46.03.400, at initial registration or annual registration renewal, the owner or operator of a UST that is installed, upgraded, or reconfigured shall certify that the installation, upgrading, or reconfiguration was performed or supervised by a person certified under this chapter.

(h) An owner or operator of a UST who sells a UST intended for continued use as a UST shall notify the purchaser of the requirements of this chapter. (Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 8/15/99, Register 151; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.385 AS 46.03.405

AS 46.03.365 AS 46.03.395

AS 46.03.375 AS 46.03.400

AS 46.03.380

Editor’s Note: As of Register 179 (October 2006), and acting under AS 44.62.125(b)(6), the regulations attorney made a technical revision to the authority citation following 18 AAC 78.015. This change reflects the enactment of sec. 2, ch. 102, SLA 2006, effective August 5, 2006, which repealed AS 46.03.410.

The department’s Taken Out of Service or Temporary Closure form and Empty Tank Affidavit form , adopted by reference in 18 AAC 78.015, are available from the department’s Anchorage office or on the department’s website at the following Internet address:

http://dec.alaska.gov/spar/csp/guidance-forms/.

18 AAC 78.017. Operations inspection. Repealed. (Eff. 8/15/99, Register 151; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 7/19/2013, Register 207; repealed 9/27/2018, Register 227)

18 AAC 78.018. Acceptance, delivery, and deposit prohibitions. (a) An owner or operator of a UST may not accept the delivery or deposit of petroleum, and a person may not deliver petroleum to or deposit petroleum in that UST, if

(1) the department determines that the spill prevention equipment, overfill protection equipment, leak detection or corrosion protection equipment is not installed or is not being operated or maintained in accordance with this chapter;

(2) financial responsibility is not maintained in accordance with 18 AAC 78.910;

(3) the department has determined the UST to be a substandard UST under 18 AAC 78.059(h), the owner or operator has not made repairs as required under 18 AAC 78.059(h), and a temporary deferral of the prohibition on the acceptance, delivery, or deposit of petroleum has not been granted under 18 AAC 78.059 and (c) of this section or has expired; or

(4) the owner or operator fails to display a valid tag, decal, or notice as required under 18 AAC 78.015.

(b) If the department determines a UST to be subject to the prohibitions under (a) of this section, the department will, no later than three working days after making the determination,

(1) notify the owner or operator in writing; and

(2) to assist persons in complying with this section, post that UST to the department’s list, maintained on the department’s website, of USTs without valid tags, decals, or notices required under 18 AAC 78.015(a).

(c) If a prohibition under (a) of this section would jeopardize the availability of or access to motor fuel in remote and rural areas, or jeopardize the availability of or access to heating if the UST is supplying a boiler and an emergency power generator, the department may defer, upon written request by the owner, the prohibition for a period of no more than 180 days after the determination under (a) of this section is made.

(d) The department will withdraw a prohibition under (a) of this section upon receiving written documentation, satisfactory to the department, that

(1) the condition that caused the prohibition to be put into place has been repaired in accordance with 18 AAC 78.055; and

(2) the UST now meets the requirements of 18 AAC 78.040 – 18 AAC 78.055, 18 AAC 78.060 – 18 AAC 78.072 and 18 AAC 78.910.

(e) If it withdraws a prohibition under (d) of this section, the department will, no later than three working days after the date of withdrawal,

(1) notify the owner or operator in writing; and

(2) remove the UST from the list maintained under (b)(2) of this section. (Eff.

7/25/2012, Register 203; am 7/19/2013, Register 207; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.365 AS 46.03.405

Editor’s note: The list described in 18 AAC 78.018 of USTs without valid tags, decals, or notices is available at the department’s Anchorage office or on the department’s website at the following Internet address: http://dec.alaska.gov/spar/ipp/ust/search/default.htm.

18 AAC 78.020. Notification for tanks taken out of service. Repealed. (Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 7/25/2012, Register 203;

repealed 9/27/2018, Register 227)

18 AAC 78.022. Requirements for existing UST systems. Repealed. (Eff. 3/25/91, Register 118; am 11/3/95, Register 136; repealed 9/27/2018, Register 227)

18 AAC 78.025. Performance standards for new USTs. (a) General requirements. In order to prevent or detect releases caused by manufacturing defects, structural failure, corrosion, or spills or overfills for as long as the UST is used to store petroleum, the owner or operator of a new UST shall meet the requirements of this section.

(b) Secondary containment and interstitial monitoring for tanks and piping installed on or after July 25, 2012 and before April 11, 2016. Tanks and piping installed on or after July 25, 2012 and before April 11, 2016 and within 1,000 feet of an existing community water system as defined under 18 AAC 80.1990(a), an existing potable water system as defined under 18 AAC 80.1990(a), or a sole source aquifer as defined under 18 AAC 75.990 must be in secondary containment and use interstitial monitoring for leaks. Secondary containment must be able to contain petroleum released from anywhere in the UST system until it is detected and removed, and must prevent a release of petroleum to the environment at any time during the operational life of the UST system. For the purposes of this subsection,

(1) in the case of a replacement of an existing tank or existing piping, secondary containment and interstitial monitoring is only required for the tank or piping being replaced; and

(2) the 1,000 feet must be measured from the closest part of the tank or piping to the closest part of the existing community water system, potable water system, or sole source aquifer, including well heads for groundwater, the location of the intake points for surface water, water lines, processing tanks and water storage tanks, water distribution and service lines under the control of the community water system operator, and the wellhead of the nearest existing potable drinking water well.

(c) Secondary containment and interstitial monitoring for tanks and piping installed on or after April 11, 2016. Tanks and piping installed on or after April 11, 2016 must be in secondary containment and use interstitial monitoring in accordance with 18 AAC 78.065(h), except for suction piping that meets the requirements of 18 AAC 78.060(f)(1)(B)(i) - (v). Secondary containment must be able to contain petroleum leaked from the primary containment until it is detected and the petroleum removed, and must prevent the release of petroleum to the environment at any time during the operational life of the UST. For cases where the piping is considered to be replaced, the entire piping run must be within secondary containment.

(d) Notification. At least 15 days, but not more than 60 days, before beginning installation of a UST, the owner or operator shall notify the department in writing that it will do so, on a form provided by the department.

(e) Tanks. Each tank must be properly designed, constructed, and installed in a manner that will prevent releases for its operating life due to manufacturing defects, structural failure, or corrosion, in accordance with a nationally recognized code of practice, and meet one of the following requirements:

(1) the tank must be constructed of fiberglass-reinforced plastic; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced

Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol- Gasoline Mixtures, Second Edition, 1994; and

(B) Steel Tank Institute Specification F894, ACT-100 Specification for

External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, December 2010;

(2) the tank must be constructed of steel and cathodically protected in the following manner:

(A) the tank must be coated with a suitable dielectric material; for purposes of this subparagraph, suitable dielectric material does not include paint or asphalt coating;

(B) field-installed cathodic protection systems must be designed by a corrosion expert;

(C) impressed current systems must be designed to allow determination of current operating status as required in 18 AAC 78.045(e);

(D) cathodic protection systems must be operated and maintained in accordance with 18 AAC 78.045; and

(E) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(i) Steel Tank Institute Specification STI-P3, STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, August 2011;

(ii) Underwriters Laboratories, Inc., Standard for Safety 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, Third Edition, January 17, 2007;

(iii) NACE International Standard RP0285-2002, Standard

Recommended Practice-Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002; and

(iv) Underwriters Laboratories Standard UL 58, Steel Underground Tanks for Flammable and Combustible Liquids, Ninth Edition, 1996;

(3) the tank must be constructed of steel and must be clad or jacketed with a non-corrodible material; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories, Inc., Standard for Safety 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, Third Edition, January 17, 2007;

(B) Steel Tank Institute Specification F894, ACT-100 Specification for

External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, December 2010;

(4) the tank must be constructed of metal, but additional corrosion protection measures are not required, if

(A) the tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause the tank to have a release due to corrosion during the tank's operating life; and

(B) the owner or operator maintains records that demonstrate compliance with the requirements of (A) of this paragraph for the remaining life of the tank; or

(5) the tank construction and corrosion protection must be determined by the department to be designed to prevent the release or threatened release of any stored petroleum in a manner that is no less protective of human health and the environment than the requirements in

(1) - (4) of this subsection.

(f) Piping. This subsection applies to the piping that routinely contains petroleum, including all product piping, except for vent lines and except for most tank fill pipes. The piping that routinely contains petroleum and is underground or in contact with the ground must be properly designed, constructed, and installed in a manner that will prevent, for the piping's operating life, releases due to manufacturing defects, structural failure, or corrosion, in accordance with a nationally recognized code of practice, and must meet one of the following requirements:

(1) the piping must be constructed of a non-corrodible material; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced

Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol- Gasoline Mixtures, Second Edition, 1994; and

(B) Underwriters Laboratories, Inc. Standard for Safety UL 567, Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas, Ninth Edition, July 28, 2003;

(2) the piping must be constructed of steel and cathodically protected in the following manner:

(A) the piping must be coated with a suitable dielectric material; for purposes of this subparagraph, suitable dielectric material does not include paint or asphalt coating;

(B) field-installed cathodic protection systems must be designed by a corrosion expert;

(C) impressed current systems must be designed to allow determination of current operating status as required in 18 AAC 78.045(e);

(D) cathodic protection systems must be operated and maintained in accordance with 18 AAC 78.045; and

(E) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(i) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, 2008 Edition;

(ii) American Petroleum Institute Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, Fifth Edition, March 1996;

(iii) Petroleum Equipment Institute Recommended Practice

PEI/RP 100-11, Recommended Practices for Installation of Underground Liquid Storage Systems, 2011;

(iv) American Petroleum Institute Recommended Practice 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, Third Edition, May 1996; and

(v) NACE International Standard SP0169-2007, Standard

Practice: Control of External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007;

(3) the piping must be constructed of metal, but additional corrosion protection measures are not required, if

(A) the piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause the piping to have a release due to corrosion during the piping's operating life; and

(B) the owner or operator maintains records that demonstrate compliance with the requirements of (A) of this paragraph for the remaining life of the piping; or

(4) the piping construction and corrosion protection must be determined by the department to be designed to prevent the release or threatened release of any stored petroleum in a manner that is no less protective of human health and the environment than the requirements in

(1) - (3) of this subsection.

(g) Spill and overfill prevention equipment. The requirements for UST spill and overfill prevention equipment are as follows:

(1) except as provided in (2) and (3) of this subsection, to prevent spilling and overfilling associated with transfer of petroleum to the UST, the owner or operator shall use the following spill and overfill prevention equipment:

(A) spill prevention equipment, such as a spill catchment basin, that will prevent release of the petroleum to the environment when the transfer hose is detached from the fill pipe; and

(B) overfill prevention equipment that will

(i) automatically shut off flow into the tank when the tank is no more than 95 percent full; or

(ii) 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) the owner or operator is not required to use the spill and overfill prevention equipment specified in (1) of this subsection if

(A) alternative equipment is used that is determined by the department to be no less protective of human health and safety and the environment than the equipment specified in (1)(A) or (B) of this subsection; or

(B) the UST is filled by transfers of no more than 25 gallons at one time;

(3) flow restrictors used in vent lines may not be used to comply with (1)(B) of this subsection when overfill prevention is installed or replaced after October 13, 2015;

(4) spill and overfill prevention equipment must be periodically tested or inspected in accordance with 18 AAC 78.057; and

(5) if a UST system has one or more of the following, the owner or operator of the system may not use a ball float valve or a vent restrictor shut-off device on that system:

(A) a tank that receives a pumped delivery;

(B) suction piping with air eliminators;

(C) remote fill pipes and gauge openings; or

(D) an emergency generator or an oil heating tank.

(h) Installation. The installation of a UST is subject to the following:

(1) the owner or operator shall ensure that the installer of a new UST is certified under this chapter;

(2) a person may not install or permit the installation of a UST within 100 feet of a community water system, non-transient non-community water system, or transient non-community water system, or within 25 feet of a private water system, as each of those systems is defined in 18 AAC 80.1990(a);

(3) the department may inspect or require inspection of an installation to determine compliance with this section; if the department requires an inspection, it must be conducted by an independent third party certified under this chapter; and

(4) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner and the operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) American Petroleum Institute Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, Fifth Edition, March 1996;

(B) Petroleum Equipment Institute Recommended Practice PEI/RP 100-

11, Recommended Practices for Installation of Underground Liquid Storage Systems, 2011;

(C) American Society of Mechanical Engineers Code for Pressure Piping, B31, an American National Standard, B31.3, Process Piping, 2010 Edition;

(D) American Society of Mechanical Engineers Code for Pressure Piping, B31, an American National Standard, B31.4, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids, 2009 Edition;

(E) National Fire Protection Association Standard 30, Flammable and

Combustible Liquids Code, 2008 Edition;

(F) National Fire Protection Association Standard 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2012 Edition;

(G) International Code Council, International Fire Code, Chapter 57, (flammable and combustible liquids), 2012; and

(H) International Code Council, International Fire Code, Chapter 50, (hazardous materials - general provisions), 2012.

(i) Certification of installation. The owner or operator shall ensure that the installer has been certified under this chapter and shall provide certification of compliance to the department on the UST registration form in accordance with 18 AAC 78.035(d).

(j) Dispenser systems. Each UST must be equipped with under-dispenser containment for any new dispenser system, replacement of an existing dispenser, or replacement of any piping or equipment below a dispenser installed on or after July 25, 2012. Under-dispenser containment must

(1) be liquid-tight on its sides and bottom, and at any penetrations; and

(2) allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system at least annually during the walkthrough inspections required under 18 AAC 78.058. (Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.365 AS 46.03.375

Editor's Note: 1. The publications adopted by reference in 18 AAC 78.025 and other sections of this chapter may be reviewed at the department's office in Anchorage or may be obtained directly from the appropriate publisher. The mailing address, telephone number, facsimile number, and website, if available, for each publisher are as follows:

American Petroleum Institute (API), Publications Department, 1220 L St. N.W., Washington, D.C. 20005; telephone: (202) 682-8000; facsimile: (202) 682-8154; Internet address: http://global.ihs.com/?RID=API1;

American Society of Mechanical Engineers (ASME), New Jersey Service Center, 150 Clove Rd. 6th Floor, Little Falls, New Jersey 07424; telephone: (800) 843-2763; facsimile:

(973) 882-1717; Internet address: http://www.asme.org/;

American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-9585; facsimile:

(610) 832-9555; Internet address: http://www.astm.org;

International Code Council, 4501 West Flossmoor Road, Country Club Hills, IL

60478; telephone: (800) 786-4452; facsimile: (866) 891-1695; Internet address:

http://iccsafe.org/store;

NACE International, Publications Department, 1440 South Creek Drive, Houston, Texas 77218-8340; telephone: (281) 228-6200 or (800) 797-6223; facsimile: (281) 228-6300;

Internet address: http://www.nace.org/;

National Leak Prevention Association (NLPA), P.O. Box 1643, Boise, Idaho

83701; telephone: (815) 301-2785; facsimile: (240) 757-0211; Internet address: http://www.nlpa-online.org;

Petroleum Equipment Institute (PEI), Publications Department, P.O. Box 2380, Tulsa, Oklahoma 74101; telephone: (918) 494-9696; facsimile: (918) 491-9895; Internet address:

http://www.pei.org/;

Steel Tank Institute (STI), 944 Donata Court, Lake Zurich, Illinois 60047;

telephone: (847) 438-8265; facsimile: (847) 438-8766; Internet address:

http://www.steeltank.com/;

Underwriters Laboratories, Inc. (UL), COMM 2000, 151 Eastern Ave., Bensenville, IL 60106; telephone: (888) 853-3503; Internet address: http://ul.com.

2. In addition to the organizations listed in Note 1, above, other sources of nationally recognized codes of practice include

American National Standards Institute (ANSI), Customer Service Department, 25

West 43rd Street, 4th Floor, New York, NY 10036; telephone: (212) 642-4980; facsimile: (212) 392-1286; Internet address: http://www.ansi.org/;

Fiberglass Petroleum Tank & Pipe Institute, 14323 Heatherfield, Houston, TX

77079-7407; Internet address: http://www.fiberglasstankandpipe.com/;

United States Department of Labor, Occupational Safety and Health

Administration (OSHA), Publication Office, Francis Perkins Building, 200 Constitution Avenue, NW, Room N-3315, Washington, D.C. 20210; telephone: (202) 693-1888; facsimile:

(202) 693-2498; Internet address: http://www.osha.gov/.

3. A UST installed in an area that has been given a special designation for drinking water protection by a local government may be subject to additional requirements imposed by the local government.

18 AAC 78.030. Upgrading existing USTs. (a) An owner or operator shall permanently close in accordance with 18 AAC 78.080 - 18 AAC 78.087 any UST that does not meet the performance standards in 18 AAC 78.025 for new USTs or that has not been upgraded in accordance with (d) - (f) of this section. This subsection does not apply to a previously deferred UST described in 18 AAC 78.700 - 18 AAC 78.705, if an upgrade to the previously deferred UST is performed and the department determines the upgrade to be protective of human health and safety and the environment.

(b) An existing UST must comply with one of the following requirements:

(1) the performance standards in 18 AAC 78.025 for new USTs;

(2) the upgrading requirements in (d) - (f) of this section; or

(3) the closure requirements under 18 AAC 78.080 - 18 AAC 78.087, including applicable requirements for corrective action under 18 AAC 78.200 - 18 AAC 78.280.

(c) A UST must be upgraded by a person certified under this chapter and must be installed using nationally recognized codes of practice specified in 18 AAC 78.025. All parts of the UST must be certified, listed, or approved under 18 AAC 78.050 for use with the fuel stored within the system.

(d) Steel tanks must be upgraded to meet one of the following requirements in accordance with a nationally recognized code of practice as specified in 18 AAC 78.025 and

18 AAC 78.055:

(1) tanks upgraded by internal lining must meet the following requirements:

(A) the lining must be installed in accordance with the requirements of

18 AAC 78.055;

(B) not later than 10 years after lining, and every five years thereafter, the lined tank must be internally inspected and found to be structurally sound with the lining still performing in accordance with the original design specifications; if the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a nationally recognized code of practice, the lined tank must be permanently closed in accordance with 18 AAC 78.080 - 18 AAC 78.087; and

(C) a certified copy of the internal lining or lining system specifications and installation instructions, safety precautions, and other documentation must be provided to the department by the manufacturer, including

(i) approvals by independent testing laboratories and other independent evaluation results that demonstrate compliance with the approved standards;

(ii) approvals by other government agencies;

(iii) chemical compatibility data for common fuels; and

(iv) copies of guarantees or warranties;

(2) tanks upgraded by cathodic protection must meet the requirements of 18 AAC 78.025(e)(2)(B) - (D) and the integrity of the tank must have been ensured using one of the following methods:

(A) the tank must be internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes before installing the cathodic protection system;

(B) the tank must have been installed for less than 10 years and must be monitored monthly for releases in accordance with 18 AAC 78.065(e) - (j);

(C) the tank must have been installed for less than 10 years and must be assessed for corrosion holes by conducting two tightness tests that meet the requirements of 18 AAC 78.065(d); the first test must be conducted before installing the cathodic protection system; the second test must be conducted not earlier than three months and not later than six months following the first operation of the cathodic protection system;

or

(D) the tank must be assessed for corrosion holes by a method that is determined by the department to prevent releases in a way that is no less protective of human health and safety and the environment than the requirements in (A) - (C) of this paragraph;

(3) tanks upgraded by both internal lining and cathodic protection must meet the

(A) the lining must be installed in accordance with the requirements of 18 AAC 78.055; and

(B) the cathodic protection system must meet the requirements of

18 AAC 78.025(e)(2)(B) - (D); or

(4) an STI-P3 steel tank may be upgraded to cathodic protection if the tank can be verified by the Steel Tank Institute to have been constructed in accordance with Steel Tank Institute Specification STI-P3, STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, August 2011, adopted by reference.

(e) Metal piping that routinely contains petroleum and is in contact with the ground must be cathodically protected using nationally recognized codes of practice specified in 18 AAC 78.025(f)(2)(E) and must meet the requirements of 18 AAC 78.025(f)(2)(B) - (D).

(f) To prevent spilling and overfilling associated with product transfer to the UST, an existing UST must comply with UST spill and overfill prevention equipment requirements specified in 18 AAC 78.025(g).

(g) The department may inspect or require inspection of an upgrade to determine compliance with this section. If the department requires an inspection, it must be conducted by an independent third party certified under this chapter.

(h) If an upgrade consists of the removal and installation of a UST, or the removal and installation within a three-year period of more than 50 percent of the piping associated with a single UST, the department will consider the upgrade to be a replacement subject to the requirements of 18 AAC 78.025. (Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/25/99, Register 150; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.365 AS 46.04.375

18 AAC 78.035. Notification requirements. (a) An owner must submit notice to the department in accordance with 18 AAC 78.015(a) of USTs that are currently in existence, newly installed, returned to service, or transferred in ownership. For a UST that was in the ground on or after May 8, 1986 and was not taken out of operation on or before January 1, 1974, and for which notification was not provided under 42 U.S.C. 6991a(a) (sec. 601(a) of the Hazardous and Solid Waste Amendments of 1984) to the department or under 42 U.S.C. 9603(c) (sec. 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), an owner or operator of the UST must provide notice of the existence of the UST in accordance with 18 AAC 78.015(a) and may use the department's registration form to provide the required notification.

(b) A person who assumes ownership of a regulated UST, except as described in (a) of this section, must submit a notice of the ownership change to the department in accordance with 18 AAC 78.015(a).

(c) An owner required to submit notices under (a) or (b) of this section must provide notices to the department for each tank that the person owns. The owner may provide notice for several tanks using one notification form, but an owner who owns tanks located at more than one place of operation must file a separate notification form for each separate place of operation.

(d) The owner or operator of a new UST must certify in the UST registration form compliance with the following requirements:

(1) installation of tanks and piping under 18 AAC 78.025(i);

(2) cathodic protection of steel tanks and piping under 18 AAC 78.025(e) and (f);

(3) financial responsibility under 18 AAC 78.910; and

(4) release detection under 18 AAC 78.060 - 18 AAC 78.072.

(e) The owner or operator of a new UST must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping comply with the requirements in 18 AAC 78.025.

(f) A person who sells a tank intended to be used as a UST must notify the purchaser of the UST of the owner's notification obligations under (a) of this section. The following statement, when used on shipping tickets and invoices, may be used to comply with this requirement: "Note. A federal law (the Solid Waste Disposal Act, as amended), requires owners of certain underground storage tanks to notify the Alaska Department of Environmental Conservation (department) of the existence of their tanks. Notifications must be made not later than 30 days after the tank is placed into use. Consult the department’s regulation at 18 AAC

78.035 to determine if you are affected by this law."

(g) An owner or operator who intends to significantly reconfigure a UST shall notify the department at least 15 days, but not more than 60 days before beginning work on the proposed change, using a form provided by the department. (Eff. 3/25/91, Register 118; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.380 AS 46.03.390

AS 46.03.365

18 AAC 78.040. Spill and overfill control. (a) The owner or operator of a UST shall ensure that

(1) releases due to spilling or overfilling do not occur;

(2) the volume available in the tank is greater than the volume of petroleum to be transferred to the tank before the transfer is made;

(3) the transfer operation is constantly monitored to prevent overfilling or spilling;

(4) the distributor is provided with the current UST tag, decal, or notice before the transfer is made; and

(5) any spill or overfill is reported and investigated, and that appropriate corrective action is completed.

(b) Guidance, the use of which the department encourages, on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, Bulk Liquid Stock Control at Retail Outlets, Fifth Edition, May 1993. The department encourages the use of the transfer procedures described in the following documents as guidance for complying with this section:

(1) National Fire Protection Association Standard 385, Standard for Tank

Vehicles for Flammable and Combustible Liquids, 2012 Edition; or

(2) American Petroleum Institute Recommended Practice 1007 Edition 1

(2001/R2011), Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles.

(c) The owner or operator shall report, investigate, and complete corrective action on any spills or overfills in accordance with 18 AAC 78.200 - 18 AAC 78.276. (Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 9/27/2018, Register 227)

Authority: AS 46.03.020 AS 46.03.380 AS 46.03.405

AS 46.03.365

18 AAC 78.045. Operation and maintenance of corrosion protection. (a) The owner or operator of a steel UST with corrosion protection shall comply with the requirements of this section to ensure that a release caused by corrosion is prevented until the UST is permanently closed or undergoes a change-in-service under 18 AAC 78.085.

(b) A corrosion protection system must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contains petroleum and that is in contact with the ground. This requirement applies to single and double wall steel tanks and piping. For purposes of this subsection, piping that routinely contains petroleum includes all product piping, except for vent lines and except for most tank fill pipe configurations.

(c) A UST equipped with a cathodic protection system must be inspected for proper operation by a cathodic protection tester who is certified under 18 AAC 78.410 in accordance with the following requirements:

(1) a cathodic protection system must be tested not later than six months after installation and at least every three years after that, or according to another reasonable testing schedule approved by the department; and

(2) the criteria used to determine if cathodic protection is adequate as required under this section must be in accordance with one of the following requirements:

(A) NACE International Standard RP0285-2002, Standard Recommended

Practice-Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002, adopted by reference;

(B) NACE International Test Method TM0101-2012, Measurement

Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems, March 2012, adopted by reference;

(C) NACE International Test Method TM0497-2012, Measurement

Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems, June 2012, adopted by reference;

(D) Steel Tank Institute Recommended Practice R051, Cathodic

Protection Testing Procedures for STI-P3® USTs, January 2006, adopted by reference;

(E) NACE International Standard Practice SP0169-2007, Control of

External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007, adopted by reference; or

(F) another standard that is no less protective of human health and safety and the environment and approved by the department.

(d) Repealed 9/27/2018.

(e) A UST with an impressed current cathodic protection system must be inspected every 60 days to ensure that the equipment is running properly. The owner or operator shall document the findings of each inspection. The owner or operator may use a form provided by the department or an equivalent form to document those findings. If the inspection of the impressed current cathodic protection system indicates a redline of zero, the owner or operator shall notify the department and take corrective action to investigate and, if necessary, to correct the problem.

(f) For a UST with cathodic protection records of the operation of the cathodic protection system must be maintained in accordance with 18 AAC 78.056 to demonstrate compliance with the performance standards in this section. The records must provide the following:

(1) the results of the last three inspections required in (e) of this section; and

(2) the results of testing from the last two inspections required in (c) of this section. (Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register…