Privacy Statement

ARTICLE 3 ABOVEGROUND STORAGE TANKS

Section 3-1 Applicability

Section 3-2 Installation and Registration
3-2-1 Application for Permit for AST's
3-2-2 AST Facility Inspections Required
3-2-3 Denial or Revocation of Permit
3-2-4 Access to Premises and Records
3-2-5 Registration and Notification for AST's

Section 3-3 Performance Standards for ASTs
3-3-1 Definitions
3-3-2 Design and Construction of Tanks
3-3-3 Security
3-3-4 Location and Installation of Propane ASTs
3-3-5 Location and Installation of ASTs at Service Stations
3-3-6 Location and Installation of Governmental, Industrial and Commercial AST Facilities41
3-3-7 Location and Installation of Unattended Cardlock Systems
3-3-8 Location and Installation of ASTs at Bulk Plants
3-3-9 Location and Installation of ASTs in Vaults
3-3-10 Normal Venting
3-3-11 Emergency Relief Venting
3-3-12 Vent Piping
3-3-13 Tank Openings Other than Vents
3-3-14 Installation of Tanks Inside Buildings
3-3-15 Standards for Piping, Valves & Fittings
3-3-16 Upgrading of AST Systems

Section 3-4 General Operating Requirements
3-4-1 Fire and Safety Standards
3-4-2 Spill and Overfill Control
3-4-3 Operation and Maintenance of Corrosion Protection
3-4-4 Compatibility Requirements for All Tanks
3-4-5 Static Protection for All AST's
3-4-6 Repairs Allowed
3-4-7 Out of Service, Closure or Change-In-Service
3-4-8 Reinstallation of ASTs
3-4-9 Record Keeping

Section 3-5 Release Detection
3-5-1 General Requirements for all AST Systems
3-5-2 Leak Detection for Secondary Containment Tanks
3-5-3 AST Facility Housekeeping Required

Section 3-6 Oil Pollution Prevention - SPCC Plan
3-6-1 Applicability
3-6-2 Definitions
3-6-3 Requirements For Preparation of SPCC Plan
3-6-4 Amendment of SPCC Plan Required by State Inspector of Oils
3-6-5 Amendment of SPCC Plan by Owners/Operators
3-6-6 SPCC Plan, Preparation and Implementation Guidelines

ARTICLE 3 ABOVEGROUND STORAGE TANKS

Section 3-1 Applicability

(a) All provisions in these regulations apply to all petroleum AST systems unless specifically restricted to a specific system. Aside from meeting these regulatory requirements, all AST systems must meet local fire district rules, zoning rules, and requirements of other authorities having jurisdiction over AST systems. It will be the owner/operator=s responsibility to ensure compliance with all such requirements.

(b) In addition to exclusions listed in C.R.S. ' 8-20.5-101(2), the following ASTs or AST systems are excluded from these regulations:

(1) Any AST whose capacity is greater than 39,999 gallons or less than 660 gallons.

(2) Any AST system that contains a de minimis concentration of petroleum products.

(3) Any AST systems containing radioactive material that are regulated under the Atomic Energy Act.

(4) Any AST system that is part of an emergency generator system at nuclear power generation facilities.

(5) AST's used to store liquefied petroleum gases that are not liquid at standard temperature and pressure.

(6) AST's used to store liquids whose fluidity is less than that of 300 penetration asphalt when tested in accordance with ASTM D 5.

Section 3-2 Installation and Registration

3-2-1 Application for Permit for AST's.

(a) An application must be submitted to and approved by the State Inspector of Oils, before beginning construction on any new petroleum AST system at a particular facility; or before beginning construction on any existing petroleum AST system at a facility that is being upgraded to the standards described in these regulations.

(b) The application must include:

(1) Site Plan - A dimensioned drawing of the facility, showing the name and address of the facility, the location of existing tanks and piping that will remain at the facility, as well as new tanks and piping proposed in the application, the location of dispensers and buildings at the facility, the location of loading/unloading facilities, the location of guard posts and fences, the location of property lines, and the location and names of streets adjacent to the facility; and

(2) A written application, using the form supplied by the State Inspector of Oils, containing information about the proposed construction as follows:

(A) Method to be used to prevent releases of petroleum due to corrosion of the AST system; including any piping that will be exposed to an electrolyte, and that will routinely contain petroleum;

(B) Method to be used to prevent overfilling the AST;

(C) Method to be used to prevent spills during transfer operations;

(D) Leak detection method that will be used;

(E) Type of pumping system or method that will be used for dispensing the AST contents;

(F) Type of in-line leak detector to be used, if a pressurized piping system is to be used;

(G) Size and type of existing tanks and pipelines that will continue in use at the facility;

(H) Size and type of tanks and pipelines to be installed;

(I) Method to be used to prevent flotation of the tank and to protect it from periodic flooding;

(J) Regulated substances to be stored in the tanks at the facility;

(K) Name and address of the facility;

(L) Name and address of the owner of the AST system;

(M) Description of the Vapor Recovery System to be used at the facility if such is required;

(N) The name of the fire protection district that will be providing fire protection for this facility. If the facility is not located in any fire protection district, that fact must be communicated to the State Inspector of Oils;

(O) The method of secondary containment to be used for each tank installed or upgraded;

(P) Whether the tank will be of the horizontal or vertical type; and

(Q) Certification that the spill prevention, spill control, and spill countermeasures plan (SPCC Plan) required by section 3-6 of these regulations will be implemented within 6 months after construction of the facility, or certification stating why the facility does not require an SPCC Plan.

3-2-2 AST Facility Inspections Required.

(a) Except in emergencies, if underground piping will be replaced or added to the AST system, the State Inspector of Oils must be notified at least 48 hours prior to beginning the air pressure/soap solution test of the piping in order that an inspection of the system may be scheduled at that time. Emergency situations will be dealt with individually by the State Inspector of Oils; possibly by delegation of the inspection.

(b) The State Inspector of Oils will make an inspection of the AST system, to verify that the facility was constructed according to plan. This inspection will be as detailed as practicable; but does not exempt the owner/operator from certifying that the installation was made according to all the requirements of these regulations.

3-2-3 Denial or Revocation of Permit.

(a) An AST permit application may be denied or revoked if the AST installation or operation is not in conformance with these AST regulations or is not in conformance with all applicable sections of the National Fire Protection Association codes.

(b) An AST permit may be denied or revoked if the AST permit application is not complete or is determined to be inaccurate.

(c) An AST permit may be revoked if the AST installation or operation is not in conformance with the NFPA Codes in effect at the time of installation, and may be revoked for

misrepresentation of facts in the application.

(d) An AST permit may be revoked if an inspection by the State Inspector of Oils reveals that the construction performed is not in accordance with the installation plan submitted for approval; and may be revoked for failure to meet the operating or fire safety rules established by these regulations or established by the various provisions of the NFPA Codes that apply to the AST facility.

(e) An AST system permit is automatically revoked six months after the date of issue unless the State Inspector of Oils grants an extension in writing.

(f) Six months or later, after an AST permit is issued, the permit may be modified by subsequent statutory or regulatory changes.

3-2-4 Access to Premises and Records.

The State Inspector of Oils shall have authority to enter in or upon the premises of any facility that contains an AST system containing petroleum, for the purpose of verifying that such AST system and its' required records are in compliance with these regulations.

3-2-5 Registration and Notification for AST's.

(a) AST Registration Required. All ASTs and facility data must be registered, re-registered or updated on a form provided by the State Inspector of Oils, regardless of whether the ASTs and facilities are currently in service or out of service, according to the following provisions:

(1) The registration form must be filled out as completely as possible by the owner/operator of the AST; and must include each tank owned or operated at the facility.

(2) Owners/operators may provide notice for several tanks at a single facility using one notification form, but owners/operators who own or operate tanks located at more than one facility must file a separate notification form for each separate facility.

(b) Registration Timing. Each owner/operator of an AST must register each AST with the State Inspector of Oils as follows:

(1) By July 1, 1993 if the tanks were not registered previously; and

(2) Within 30 days after the first day on which any AST is actually used to contain petroleum; and

(3) This registration information must be updated within 60 days after any additional tank construction, tank destruction, or AST system upgrading has been completed at the facility concerned.

(c) Registration Fee Required. The owner/operator is required to pay an annual registration fee in the amount allowed by the current state law for each regulated tank owned or operated, until the regulated AST is permanently closed as in section 3-4-7(c) or until the owner/operator has instituted a change-in-service to a substance other than petroleum as in section 3-4-7(d).

(d) Tank Vendor Responsibility. After September 30, 1994, any person who sells a tank intended to be used as an AST must notify the purchaser of such tank of the purchaser's registration and registration fee obligations under section 3-2-5 these regulations.

Section 3-3 Performance Standards for ASTs

3-3-1 Definitions.

For the purposes of this section 3-3 the following definitions shall apply:

(a) COMBUSTIBLE LIQUID - A liquid having a flash point at or above 100o Fahrenheit (37.8oC). Combustible Liquids are subdivided as follows:

(1) CLASS II liquids have a flash point at or above 100oF.(37.8oC) and below 140oF.(60oC).

(2) CLASS IIIA liquids have a flash point at or above 140oF.(60oC) and below 200oF.(93oC).

(3) CLASS IIIB liquids have a flash point at or above 200oF.(93oC).

(b) FLAMMABLE LIQUID - A liquid having a flash point below 100o Fahrenheit (37.8o Centigrade) and having a vapor pressure not exceeding 40 psia (2068 mm Hg) at 100oF.(37.8oC) is known as a Class I liquid. Class I liquids are subdivided as follows:

(1) CLASS IA liquids have a flash point below 73oF.(22.8oC) and a boiling point below 100oF.(37.8oC).

(2) CLASS IB liquids have a flash point below 73oF.(22.8oC) and a boiling point at or above 100oF.(37.8oC).

(3) CLASS IC liquids have a flash point at or above 73oF.(22.8oC) and below 100oF.(37.8oC).

(c) LIQUID - is any material that has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM D 5, Test for Penetration for Bituminous Materials. When not otherwise identified, the term "liquid" shall mean both flammable and combustible liquids. [Note 1: Class I flammable liquids include all grades of Gasoline, and most motor fuels blended using alcohol and MTBE (methyl-tert-butyl-ether).] [Note 2: Class II combustible liquids include #1 and #2 Diesel Fuels, #1 and #2 Heating Oil, Kerosene, and Jet-A grade Jet fuel.] [Note 3: Class III combustible liquids include most Lubricating Oils, and Heavy Fuel oils.]

3-3-2 Design and Construction of Tanks.

All tanks shall be designed and built in accordance with recognized good engineering standards for the material of construction being used and shall be of steel or approved noncombustible material, with the following limitations and exceptions:

(a) The material of tank construction shall be compatible with the liquid to be stored. In case of doubt about the properties of the liquid to be stored, the supplier, producer of the liquid, or other competent authority shall be consulted.

(b) Tanks constructed of combustible materials shall be subject to the approval of the State Inspector of Oils and limited to:

(1) Use where required by the properties of the liquid stored, or

(2) Storage of Class IIIB liquids aboveground in areas not exposed to spill or leak of Class I or Class II liquid, or

(3) Storage of Class IIIB liquids inside a building protected by an approved automatic fire extinguishing system.

(c) Atmospheric tanks shall not be used for the storage of a liquid at a temperature at or above its boiling point. Atmospheric tanks shall be labeled and shall be built, installed, and used within the scope of a nationally recognized construction standard; such as U.L. 142, or API Standard 650, or an equivalent standard.

(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; 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 must be protected from collisions as described in section 3-3-3; and

(7) The system must prevent spills by either:

(A) A check valve and a shutoff valve with a quick-connect coupling or 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

(B) 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) All ASTs installed at service stations after September 30, 1994 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) For bulk plants only, ASTs which are connected by piping to an UST before October 1, 1994, may continue to be so connected only if equipped with a positive approved shutoff overfill protection device, the UST meets all UST operating requirements, and the transfer of the product is visually monitored. No other ASTs may be connected by piping to an UST.

3-3-3 Security.

(a) Where tanks are supported above the foundations, tank supports shall be installed on firm foundations. Steel supports or exposed piling supports for tanks storing Class I, Class II, or Class IIIA liquids shall be protected by materials having a fire resistance rating of not less than 2 hours.

(b) Every tank shall be so supported as to prevent the excessive concentration of loads on the supporting portion of the tank shell.

(c) The area within the fence (if applicable) and within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the proper operation of the tank and piping system.

(d) After December 22, 1996, tanks where fuel is dispensed into vehicles shall be protected against vehicular collision by suitable barriers, which may include buildings and open space which the State Inspector of Oils approves in writing.

(e) Tanks installed after September 30, 1994 that are not enclosed in vaults shall be enclosed with a chain link fence at least 6 ft (2 m) high. The fence shall be separated from the tanks by at least 10 ft (3 m) and shall have a gate that is properly secured against unauthorized entry. (Exception: Tanks are not required to be enclosed within a fence if the property on which the tanks are located already has a perimeter security fence.)

(f) For AST systems installed after September 30, 1994, at least one emergency personnel exit must be included in the chain link fence mentioned in subsection (e) above.

(g) For ASTs installed after September 30, 1994, tank supports and foundations shall be designed to minimize the possibility of uneven settling of the tank and to minimize corrosion in any part of the tank.

3-3-4 Location and Installation of Propane ASTs.

(a) The minimum horizontal separation between an LP-Gas container and a Class I, Class II or Class IIIA liquid storage tank installed after September 30, 1994 shall be 20 ft (6 m), except in the case of a Class I, Class II, or Class IIIA liquid tank operating at pressures exceeding 2.5 psig (17.2 kPa) or equipped with emergency venting that will permit pressures to exceed 2.5 psig (17.2 kPa), in which case the provisions of section 3-3-8(f) shall apply. When flammable or combustible liquids storage tanks are within a diked area, the LP-Gas containers shall be outside the diked area and at least 10 ft (3 m) away from the centerline of the wall of the diked area. For all tanks, suitable measures shall be taken to prevent the accumulation of Class I, Class II, or Class IIIA liquids under adjacent LP-Gas containers such as by dikes, diversion curbs, or grading.

(b) Subsection (a) shall not apply when LP-Gas containers of 125 gal (475 L) or less capacity are installed adjacent to fuel oil supply tanks of 660 gal (2498 L) or less capacity. No horizontal separation is required between aboveground LP-Gas containers and underground flammable and combustible liquids tanks installed in accordance with UST rules.

3-3-5 Location and Installation of ASTs at Service Stations.

After September 30, 1994, new ASTs may only be installed at service stations if they meet all the general requirements for ASTs, and the service station requirements of this section. After December 22, 1996, tanks designed and built for underground use shall not be used as ASTs. All of the provisions in this section also apply to marine service stations and airport service stations.

(a) For ASTs installed after September 30, 1994, tanks storing Class I and II liquids at an individual site shall be limited to a maximum individual capacity of 12,000 gallons and an aggregate capacity of 39,999 gallons.

(b) For ASTs installed after September 30, 1994, tanks shall be located at least:

(1) 50 ft (15 m) from the nearest important building on the same property; and

(2) 50 ft (15 m) from any fuel dispenser; except that for secondary containment tanks, "fire resistant" tanks or tanks installed in a vault, the distance requirement from tank to dispenser is waived; provided that all tanks, pipes and dispensers are satisfactorily protected from vehicular traffic; and

(3) 50 ft (15 m) from the nearest side of a public way; and

(4) 100 ft (30 m) from any property line that is or can be built upon, including the opposite side of a public way. Exception: All distances may be reduced by 50 percent if tanks are fire resistant tanks or installed in a vault.

3-3-6 Location and Installation of Governmental, Industrial and Commercial AST Facilities.

AST installations are permitted at commercial, industrial, governmental, and manufacturing facilities whose ASTs are used only for fueling vehicles used in connection with their business, but only under one of the following two conditions:

(a) If the AST system meets all service station requirements, including spacing requirements it can operate under the service station gallonage allowances; or

(b)(1) The facility has been inspected and approved by the State Inspector of Oils; and

(2) No more than two (2) ASTs are in service at the facility; and

(3) No AST at the facility has a capacity greater than 6,000 U.S. gallons; and

(4) There is not more than one (1) tank at the facility containing gasoline; and

(5) The spacing requirements of table 3-6 in these regulations are met.

3-3-7 Location and Installation of Unattended Cardlock Systems.

(a) Unattended operation of cardlock systems with ASTs will be permitted only under the following conditions:

(1) Tanks shall be located at least:

(A) 50 ft (15 m) from the nearest important building on the same property; and

(B) 50 ft (15 m) from any fuel dispenser; except that for secondary containment tanks, "fire resistant" tanks having a 2 hour or more fire rating or tanks installed in a vault, the distance requirement from tank to dispenser is waived; provided that all tanks, pipes and dispensers are satisfactorily protected from vehicular traffic; and

(C) 50 ft (15 m) from the nearest side of a public way; and

(D) 100 ft (30 m) from any property line that is or can be built upon, including the opposite side of a public way. Exception: All distances may be reduced by 50 percent if tanks are fire resistant tanks or installed in a vault; and

(2) Any AST dispensers installed after September 30, 1994 must be separated from the tank enclosure by a fence or similar barrier.

(3) The facility has been inspected and approved for unattended operation by the State Inspector of Oils.

(b) With respect to bulk plants, governmental, industrial, and commercial facilities where only proprietary cards specific to the cardlock system in question are allowed:

(1) Cardlock systems installed before October 1, 1994 do not need to meet the distance requirements above.

(2) Cardlock systems installed on October 1, 1994 or thereafter must meet the 50 ft distance requirement for dispensers as well as any other distances the State Inspector of Oils deems reasonable.

3-3-8 Location and Installation of ASTs at Bulk Plants.

The following provisions apply only to bulk plants:

(a) Every AST which is installed after September 30, 1994 and used for the storage of Class I, Class II, or Class IIIA liquids (except as provided in section 3-3-8(c), and those liquids with boil-over characteristics and unstable liquids, operating at pressures not in excess of 2.5 psig (17.2 kPa) and designed with a weak roof-to-shell seam, or equipped with emergency venting devices that will not permit pressures to exceed 2.5 psig (17.2 kPa), shall be located in accordance with Table 3-1 in these regulations. Where tank spacing is contingent on a weak roof-to-shell seam design, the user shall present evidence certifying such construction to the State Inspector of Oils, upon request.

(b) Every AST which is installed after September 30, 1994 and used for the storage of Class I, Class II, or Class IIIA liquids, except those liquids with boil-over characteristics and unstable liquids, operating at pressures exceeding 2.5 psig (17.2 kPa) or equipped with emergency venting that will permit pressures to exceed 2.5 psig (17.2 kPa), shall be located in accordance with Table 3-2.

(c) Every AST which is installed after September 30, 1994 and used for the storage of liquids with boil-over characteristics shall be located in accordance with Table 3-3 of these regulations. Liquids with boil-over characteristics shall not be stored in fixed roof tanks larger than 150 ft (45.7 m) in diameter, unless an approved inerting system is provided on the tank.

(d) Every AST which is installed after September 30, 1994 and used for the storage of unstable liquids shall be located in accordance with Table 3-4 of these regulations.

(e) Every AST which is installed after September 30, 1994 and used for the storage of Class IIIB liquids, excluding unstable liquids, shall be located in accordance with Table 3-5 of these regulations, except when located within a diked area or drainage path for a tank(s) storing a Class I or Class II liquid. When a Class IIIB liquid storage tank is within the diked area or drainage path for a Class I or Class II liquid, AST.31.3(b), (c), or (d) shall apply.

(f) Spacing (Shell-to-Shell) between Any Two Adjacent ASTs, where one AST is installed after September 30, 1994, with tanks storing Class I, II, or IIIA stable liquids shall be separated in accordance with Table 3-7 in these regulations. For unstable liquids, the distance between tanks shall not be less than one-half the sum of their diameters.

3-3-9 Location and Installation of ASTs in Vaults.

The provisions in this section apply only to ASTs installed after September 30, 1994.

(a) There shall be no openings in the vault enclosure except those necessary for access to, inspection of, and filling, emptying, and venting of the tank. The walls and floor of the vault shall be constructed of reinforced concrete at least 6 inches (15 cm) thick. The top shall be constructed of non-combustible material constructed to be weaker than the walls. The top, floor, and tank foundation shall be designed to withstand the anticipated loading. The vault shall be substantially liquid tight (able to contain the product for enough time until any release therein can be cleaned up) and there shall be no backfill material around the tank. There shall be sufficient space between the tank and vault to allow for inspection of the tank and its appurtenances.

(b) Each vault and its tank shall be suitably anchored to withstand uplifting by groundwater or flooding, including when the tank is empty.

(c) A vault shall be designed to be wind and earthquake resistant, in accordance with good engineering practice. The vault shall be resistant to damage from the impact of a motor vehicle, or suitable  collision barriers shall be provided.

(d) Each tank shall be in its own vault. Adjacent vaults may share a common wall.

(e) Connections shall be provided to permit venting of each vault to dilute, disperse, and remove any vapors prior to personnel entering the vault.

(f) Vaults that contain tanks of Class I liquids shall be provided with continuous ventilation at a rate of not less than 1 cubic foot per minute per square foot of floor area (.3m3/min-m3), but not less than 150 cfm (4m3/min). Failure of the exhaust air flow shall automatically shut down the dispensing system. The exhaust system shall be designed to provide air movement across all parts of the vault floor. Supply and exhaust ducts shall extend to within 3 in. (7.6 cm), but not more than 12 in. (30.5 cm), of the floor. The exhaust system shall be installed in accordance with the provisions of NFPA 91, Standard for Exhaust Systems for Air Conveying of Materials. Means shall be provided to automatically detect any flammable vapors and to automatically shut down the dispensing system upon detection of such flammable vapors in the exhaust duct at a concentration of 25 percent  of the lower flammable limit.

(g) Each vault shall be equipped with a detection system capable of detecting liquids, including g water, and of activating an alarm.

(h) Means shall be provided to recover liquid from the vault. If a pump is used to meet this requirement, the pump shall not be permanently installed in the vault. Electric powered portable pumps shall be suitable for use in Class I, Division 1 locations, as defined in NFPA 70, National Electric al Code.

(i) Vent pipes that are provided for normal tank venting shall terminate at least 12 feet (3.6m) a above ground level.

(j) Emergency vents shall be vapor tight and shall be permitted to discharge inside the vault. Long-bolt manhole covers shall not be permitted for this purpose.

(k) Each vault shall be provided with a means for personnel entry. At each entry point, a warning sign indicating the need for procedures for safe entry into confined spaces shall be posted. Each entry point shall be secured against unauthorized entry and vandalism.

(l) Each vault shall be provided with a suitable means to admit a fire suppression agent.

(m) The interior of any vault containing a tank that stores a Class I liquid shall be designated a Class I, Division 1 location, as defined in NFPA 70, National Electrical Code.

3-3-10 Normal Venting.

(a) Atmospheric tanks shall be adequately vented to prevent the development of vacuum or pressure sufficient to distort or damage the tank; and to prevent exceeding the design pressure, as a result of filling or emptying the tank, or of atmospheric temperature changes.

(b) For ASTs installed after September 30, 1994, normal vents shall be sized in accordance with either:

(1) American Petroleum Institute Standard No. 2000, Venting Atmospheric and Low-Pressure Storage Tanks, or another accepted standard; or

(2) shall be at least as large as the filling or withdrawal connection, whichever is larger, but in no case less than 1 1/4 in. (3 cm) nominal inside diameter.

(c) If any AST installed after September 30, 1994 has more than one fill or withdrawal connection and simultaneous filling or withdrawal can be made, the vent size shall be based on the maximum anticipated simultaneous flow.

(d) Normal vent lines must be of sufficient capacity to ensure that no fuel drop will cause the pressure inside the tank to exceed the test pressure (normally 3 psig). Except for tanks containing Class III liquids, a spark arrester cap is required at the end of the vent line and it must be located "in the clear r" and at least 12 feet above ground level.

(e) Adequate ventilation either natural or forced must exist to guarantee that flammable liquid vapors cannot build up to 25% of the lower flammable limit anywhere, because of the presence of the tank facility in question.

3-3-11 Emergency Relief Venting.

The provisions in this section apply to all ASTs existing after December 22, 1996.

(a) Every AST shall have some form of construction or device that will relieve excessive internal pressure caused by exposure fires; Exception: Tanks larger than 12,000 gallons capacity storing Class IIIB liquids do not require emergency relief venting unless they are within the diked area or the drainage path of Class I or Class II liquids.

(b) In a vertical tank, the construction referred to in section 3-3-10(a) may take the form of a floating roof, lifter roof, a weak roof-to-shell seam, or other approved pressure-relieving construction. The weak roof-to-shell seam shall be constructed to fail preferential to any other seam. Design methods that will provide a weak roof-to-shell seam construction are contained in API 650, Welded Steel Tanks for Oil Storage, and U.L. 142, Standard for Steel Aboveground Tanks for Flammable e and Combustible Liquids.

(c) Where entire dependence for emergency relief is placed upon pressure-relieving devices, the total venting capacity of both normal and emergency vents shall be enough to prevent rupture of the shell or bottom of the tank if vertical, or of the shell or heads if horizontal. If unstable liquids are stored, the effects of heat or gas resulting from polymerization, decomposition, condensation, or self-reactivity shall be taken into account. The total capacity of both normal and emergency venting devices shall be not less than that derived from Table 3-8 of these regulations except as provided in subsections (e) and (f) below. Such device may be a self-closing manhole cover, or one using long bolts that permit the cover to lift under internal pressure, or an additional or larger relief valve or valves. The wetted area of the tank shall be calculated on the basis of 55 percent of the total exposed area of a sphere or spheroid, 75 percent of the total exposed area of a horizontal tank, and the first 30 ft (9m) above grade of the exposed shell area of a vertical tank.

(d) For tanks and storage vessels designed for pressures over 1 psig (6.9 kPa), the total rate of venting shall be determined in accordance with Table 3-8 in these regulations, except that when the exposed wetted area of the surface is greater than 2,800 sq ft (260 m2), the total rate of venting shall be in accordance with Table 3-9 in these regulations, or calculated by the following formula:

        CFH = 1,107 A0.82

Where:

• CFH = venting requirement, in cubic feet of free air per hour; and
• A = exposed wetted surface, in square feet
• Q = the total heat input per hour expressed in BTU

The foregoing formula is based on Q = 21,000 A0.82

(e) The total emergency relief venting capacity for any specific stable liquid can be determined by the following formula:

    Cubic feet of free air per hour = V * 1,337 /L * M1/2

Where:

• V = cubic feet of free air per hour as derived from Table 3-8
• L = latent heat of vaporization of specific liquid in Btu/pound
• M = molecular weight of specific liquids

(f) For tanks containing stable liquids, the required airflow rate of subsections (c) or (e) may be multiplied by 0.3 when protection is provided by water spray in accordance with the current version of NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection, or when protection is provided by insulation systems which meet the following performance criteria:

(1) Will remain in place under fire exposure conditions.

(2) Will withstand dislodgment when subjected to hose stream impingement during fire exposure. This requirement may be waived where use of solid hose streams is not contemplated or would no t be practical.

(3) Will maintain a maximum conductance value of 4.0 Btu per hour per square foot per degree Fahrenheit (Btu/hr/sq ft/F) when the outer insulation jacket or cover is at a temperature of 1,660oF (904.4oC) and when the mean temperature of the insulation exceeds 1,000oF (537.8oC).; and the required airflow rate may be multiplied by 0.15 when protection is provided by both water spray as in this section and by drainage to a remote impounding area as in section section 3-4-2 of these regulations .

(g) The outlet of all vents and vent drains on tanks equipped with emergency venting to permit pressures exceeding 2.5 psig (17.2 kPa) shall be arranged to discharge in such a way as to prevent localized overheating of or flame impingement on any part of the tank, in the event vapors from such h vents are ignited.

(h) Each commercial tank venting device shall have stamped on it the opening pressure, the pressure at which the valve reaches the full open position, and the flow capacity at the latter pressure. If the start to open pressure is less than 2.5 psig (17.2 kPa) and the pressure at full open position is greater than 2.5 psig (17.2 kPa), the flow capacity at 2.5 psig (17.2 kPa) shall also be stamped on the venting device. The flow capacity shall be expressed in cubic feet per hour of air at 60oF (15 .6oC) and 14.7 psia (760 mm Hg).

(1) The flow capacity of tank venting devices under 8 in. (20 cm) in nominal pipe size shall be determined by actual test of each type and size of vent. These flow tests may be conducted by the manufacturer if certified by a qualified, impartial observer or may be conducted by a qualified, impartial outside agency. The flow capacity of tank venting devices 8 in. (20 cm) nominal pipe size and larger, including manhole covers with long bolts or equivalent, may be calculated provided that the opening pressure is actually measured, the rated pressure and corresponding free orifice area are stated, the word "calculated" appears on the nameplate, and the computation is based on a flow coefficient of 0.5 applied to the rated orifice area.

(2) A suitable formula for this calculation is: CFH = 1,667*Cf*A*(Pt-Pa)1/2 where:

• CFH = venting requirement in cubic feet of free air per hour
• Cf = 0.5 [the flow coefficient]
• A = the orifice area in sq in.
• Pt = the absolute pressure inside the tank in inches of water
• Pa = the absolute atmospheric pressure outside the tank in inches of water.

3-3-12 Vent Piping.

The design, fabrication, assembly, test, and inspection of all piping systems for flammable and combustible liquids shall be in conformance with the applicable sections of ANSI B31, American National Standard Code for Pressure Piping and installed in conformance with the following requirements:

(a) Where vent pipe outlets for tanks storing Class I liquids are adjacent to buildings or public ways, they shall be located so that the vapors are released at a safe point outside of buildings and not less than 12 ft (3.6 m) above the adjacent ground level. In order to aid their dispersion, vapors shall be discharged upward or horizontally away from closely adjacent walls. Vent outlets shall be located so that flammable vapors will not be trapped by eaves or other obstructions and shall be at le least 5 ft (1.5 m) from building openings.

(b) The manifolding of tank vent piping shall be avoided except where required for special purposes such as vapor recovery, vapor conservation, or air pollution control. When tank vent piping is manifolded, pipe sizes shall be such as to discharge, within the pressure limitations of the system, the vapors they may be required to handle when manifolded tanks are subject to the same fire exposure .

(c) Vent piping for tanks storing Class I liquids shall not be manifolded with vent piping for tanks storing Class II or Class III liquids unless means are provided to prevent the vapors from Class I liquids from entering tanks storing Class II or Class III liquids, to prevent contamination and possible change in classification of the less volatile liquid.

3-3-13 Tank Openings Other than Vents

(a) Each connection to an AST through which liquid can normally flow shall be provided with an internal or an external valve located as close as practical to the shell of the tank.

(b) Each connection below the liquid level through which liquid does not normally flow shall be provided with a liquid tight closure. This may be a valve, plug, or blind, or a combination of these .

(c) Openings for gauging on tanks storing Class I liquids shall be provided with a vapor tight cap or cover. Such covers shall be closed when not gauging.

(d) Fill pipes that enter the top of a tank shall terminate within 6 in (15 cm) of the bottom of the tank. Fill pipes shall be installed or arranged so that vibration is minimized. Exception: Fill pipes in tanks whose vapor space, under normal operating conditions, is not in the flammable range need not meet this requirement.

(e) Filling and emptying connections for Class I, Class II, and Class IIIA liquids that are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than 5 ft. (1.5 m) away from any building opening. Such connections for any liquid shall be closed and liquid tight when not in use and shall be properly identified.

3-3-14 Installation of Tanks Inside Buildings. Exception: Tanks storing Class IIIB liquids need not comply with these provisions. Tanks shall not be permitted inside of buildings unless the storage of liquids in outside aboveground or underground tanks is not practical because of government regulations, temperature considerations or production considerations. Tanks may be permitted inside of buildings or structures only when permitted by the State Inspector of Oils and only under the following conditions:

(a) ASTs installed after September 30, 1994 inside buildings shall be permitted only in areas at or above grade that have adequate drainage and are separated from other parts of the building by construction having a fire resistance rating of at least 2 hours. Day tanks, running tanks, and surge tanks are permitted in process areas. Class I, Class II and Class IIIA liquids that may be heated above their flash points shall not be stored in basements. Openings to other rooms or buildings shall be provided with noncombustible liquid tight raised sills or ramps at least 4 in. (10 cm) in height, or the floor in the storage area shall be at least 4 in.(10 cm) below the surrounding floor. As a minimum, each opening shall be provided with a listed, self-closing 1 1/2-hr (B) fire door installed in accordance with the current versions of NFPA 80, Standard for Fire Doors and Fire Windows; NFPA 90A Standard for the Installation of Air Conditioning and Ventilating Systems, or NFPA 91, Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying. The room shall be constructed without floor drains and with seals between walls and floor of the room in order to contain the product in case of leakage or spillage from the tank.

(b) Each connection to a tank inside of buildings through which liquid can normally flow shall be provided with an internal or an external valve located as close as practicable to the shell of the tank; and connections for all tank openings shall be liquid tight.

(c) Tanks for storage of Class I or Class II liquids inside buildings shall be provided with either:

(1) A normally closed remotely activated valve,

(2) An automatic-closing heat-activated valve, or

(3) Another approved device on each liquid transfer connection below the liquid level, except for connections used for emergency disposal, to provide for quick cutoff of flow in the event of fire in the vicinity of the tank. This function can be incorporated in the valve required in subsection (b) above and, if a separate valve, shall be located adjacent to the valve required in subsection on (b).

(d) Vents for tanks inside of buildings shall be as required in sections 3-3-9, 3-3-10, 3-3-11, except that emergency venting by the use of weak roof seams on tanks shall not be permitted. Vents shall all terminate outside the buildings.

(e) Vent piping shall be constructed as in section 3-3-10.

(f) Openings for manual gauging of Class I or Class II liquids, if independent of the fill pipe, shall be provided with a vapor tight cap or cover. Openings shall be kept closed when not gauging. Each such opening for any liquid shall be protected against liquid overflow and possible vapor release by means of a spring-loaded check valve or other approved device. Substitutes for manual gauging include, but are not limited to, heavy-duty flat gauge glasses, magnetic, hydraulic, or hydrostatic remote reading devices, and sealed float gauges.

(g) The inlet of the fill pipe and the outlet of a vapor recovery line for which connections are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than 5 ft (1.5 m) away from any building opening. Such connections shall be closed and tight when not in use and shall be properly identified.

(h) Tanks storing Class I, Class II, and Class IIIA liquids inside buildings shall be equipped with a device, or other means shall be provided to prevent overflow into the building. Suitable devices include, but are not limited to, a float valve, a preset meter on the fill line, a valve actuated by the weight of the tank contents, a low head pump incapable of producing overflow, or a liquid tight overflow pipe at least one pipe size larger than the fill pipe, discharging by gravity back to the outside source of liquid or to an approved location.

(i) Tank openings provided for purposes of vapor recovery shall be protected against possible vapor release by means of a spring-loaded check valve or dry-break connections, or other approved device, unless the opening is pipe-connected to a vapor processing system. Openings designed for combined fill and vapor recovery shall also be protected against vapor release unless connection of the liquid delivery line to the fill pipe simultaneously connects the vapor recovery line. All connections  shall be vapor tight.

3-3-15 Standards for Piping, Valves & Fittings.

(a) General and Suction Systems.

(1) Liquid shall not be dispensed from a tank by pressurization of the tank. Means shall be provided to prevent the release of liquid by siphon flow.

(2) Until December, 22, 1998, where a suction pump-type dispensing device is used, an emergency shut-off valve with a shear section which will close in case of fire or collision is required.

(3) After December 22, 1998, where an AST with underground piping is at an elevation that produces a gravity head on the dispensing device, the dispenser shall be equipped with an emergency shut-off valve with a shear section which will close in case of fire or collision and the tank outlet shall be equipped with a device (such as a normally closed solenoid valve) that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the main valve specified by section 3-3-13(a) of these regulations. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser in the event of failure of the piping or hose when the dispenser is not in use. This device is not required if

(1) the main valve is closed during non-operating hours; or (2) there are employees on site who are trained to close the main valve in the event of a leak; or (3) all aboveground piping is within a diked area or properly contained and all underground piping is properly contained.

(4) After December 22, 1998, except where there is a solenoid valve and an emergency shut-off valve with a shear section which will close in case of fire or collision (or equivalent equipment), if a suction pump-type dispensing device is used, a listed vacuum-actuated shutoff valve (which prevents the release of product due to a malfunction in the suction pump where the release would be generated by head pressure from the AST) and a shear section shall be installed directly under each dispensing device. (Exception: Tanks installed in below-grade vaults need not comply with this s requirement.)

(5) For ASTs installed after September 30, 1994, shutoff and check valves shall be equipped with a pressure-relieving device that will relieve the pressure generated by thermal expansion n back to the tank.

(6) Piping shall be routed so that exposure to physical damage is minimized.

(7) ASTs with underground piping must meet UST pressurized piping requirements. Owners/operators must contact the State Inspector of Oils before installing or repairing any underground  piping.

(b) Remote Pumping Systems.

This section shall apply to systems for dispensing Class I liquids and Class II liquids where such liquids are transferred from storage to individual or multiple dispensing devices by pumps located other than at the dispensing devices.

(1) Pumps shall be listed and designed or equipped so that no part of the system will be subjected to pressures above its allowable working pressure.

(2) Each pump shall have installed on the discharge side a listed leak detection device that will provide an indication if the piping and dispensers are not essentially liquid tight. Each leak-detecting device shall be checked and tested at least annually according to the manufacturer's specific specifications.

(3) Pumps installed above grade, outside buildings, shall be located not less than 10 ft.(3 m) from lines of adjoining property that can be built upon and not less than 5 ft.(1.5 m) from any building opening. Pumps shall be substantially anchored and protected against physical damage.

(4) A listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device, designed to close automatically in event of severe impact or fire exposure shall be installed in accordance with the manufacturer's instructions, in the supply line at the base of each individual island-type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip-joint feature shall not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold-open linkage.

(5) Any vapor return pipe inside the dispenser housing shall have a shear section or flexible connector so that the liquid emergency shutoff valve will function as described above.

(c) Breakaway devices. A listed emergency breakaway device designed to retain liquid on both sides of the breakaway point shall be installed on each hose dispensing Class I liquids. Such devices are not required at marine service stations.

3-3-16 Upgrading of AST Systems.

(a) On or before December 22, 1996, AST systems must meet the requirements of these regulations or permanently close the tanks in accordance with these regulations. The following requirements  take effect December 22, 1996:

(1) Each AST must be sound and have an emergency relief venting device which is equivalent to those described in these regulations. The owner/operator is required to provide proof that the tank meets this requirement.

(2) Secondary containment methods or devices must be provided and in regular use at the facility  as described in section 3-4-2.

(3) The facility must meet the security requirements of section 3-3-3.

(b) By December 22, 1998 certain AST systems must be equipped with a solenoid valve or a vacuum-actuated shutoff valve, with a shear section as described in section 3-3-15. [Note: In applying these requirements, the following quotation will be carefully considered by the State Inspector of Oils - "Existing plants, equipment, buildings, structures, and installations for the storage, handling or use of flammable or combustible liquids that are not in strict compliance with the terms of this code may be continued in use at the discretion of the State Inspector of Oils provided they do not constitute a recognized hazard to life or adjoining property. The existence of a situation that might result in an explosion or sudden escalation of a fire, such as inadequate ventilation of confined spaces, lack of adequate emergency venting of a tank, failure to fireproof the supports of elevated tanks, or lack of drainage or dikes to control spills, may constitute such a hazard."]

Section 3-4 General Operating Requirements

3-4-1 Fire and Safety Standards.

(a) Any recognized real hazard to life or to adjoining property must be prevented;

(b) Fire Safety - All Facilities

(1) Warning signs incorporating the following or equivalent wording shall be conspicuously  posted in the dispenser area:

(A) WARNING: It is unlawful and dangerous to dispense gasoline into unapproved containers; and

(B) NO SMOKING; and

(C) STOP MOTOR.

(2) Additional fire protection may be required by the State Inspector of Oils, or by the local au authority having jurisdiction in special cases.

(3) Smoking materials, including matches and lighters, shall not be used within 20 feet (6m) of areas used for fueling, servicing fuel systems, or receiving or dispensing of Class I liquids. The motors of all equipment being fueled shall be shut off during the fueling operation except for emergency y situations.

(4) Each vehicle fueling facility shall be provided with one or more listed fire extinguishers having a minimum classification of 40B:C located so that an extinguisher will be within 100 ft.(30m) of each pump, dispenser, and underground fill pipe opening. Such extinguisher shall be accessible for use by the persons dispensing product during all hours fuel products are dispense d from the facility.

(c) Fire Safety - Unattended Facilities. The Fire Safety requirements for unattended operation include all of the measures listed in this section as well as those in subsection (b) above. These requirements apply to any vehicle fueling facility that uses any type of unattended self service operation including but not limited to service stations, bulk plants, governmental facilities, and commercial facilities.

(1) Emergency controls shall be installed at a location acceptable to the State Inspector of Oils, but the controls shall be more than 20 feet (7m) and less than 100 feet (30m) from the dispensers. Emergency controls shall shut off power to all dispensing devices at the station. Controls shall be manually reset only, in a manner subject to approval by the State Inspector of Oils.

(2) Operating instructions must be conspicuously posted in the dispensing area and shall include the location of the emergency controls and a requirement that the user must stay outside of his/her vehicle, in view of the fueling nozzle during the entire dispensing time period.

(3) Warning signs incorporating the following or equivalent wording shall be conspicuously  posted in the dispenser area:

(A) EMERGENCY INSTRUCTIONS - In case of fire or spill:

(i) Use emergency stop button.

(ii) Report accident by calling (specify local fire department number) on the telephone to report location;

(4) A listed automatic-closing type hose nozzle valve with latch-open device shall be provided. The system shall include listed equipment with a feature that causes or requires the closing of the hose nozzle valve before the product flow can be resumed or before the hose nozzle valve can be replaced  in its normal position in the dispenser.

(5) A telephone or other approved, clearly identified means to notify the fire department shall be provided on the site in a location subject to approval by the State Inspector of Oils.

3-4-2 Spill and Overfill Control.

(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 AST's 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.

(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 this means shall be accessible to the delivery operator. Specifically, for all AST's 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:

(A) 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.

(B) 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. Tank ullage and the amount of the product delivered must be entered in the facility records as per section 3-4-9(a)(7).

(C) For ASTs installed after September 30, 1994, a check valve and a shutoff valve with a quick-connect coupling or a dry-break valve shall be installed in the piping at a point where connection and disconnection is made for delivery from the 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 (1 5 m) 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. (15 m) 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 State Inspector of Oils 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 (15 m) 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 (3 m) 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 (0.09 m) or more in height shall have a flat section at the top not less than 2 ft (0.06 m) 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 (1.8 m) above interior grade.

(6) Dikes may be higher than an average of 6 ft (1.8 m) above interior grade where provisions are made for normal access and necessary emergency access to tanks, valves, and other equipment t, and safe egress from the diked enclosure.

(A) 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..

(B) Piping passing through dike walls shall be designed to prevent excessive stresses as a result of settlement or fire exposure.

(C) For ASTs installed after September 30, 1994, the minimum distance between tanks and toe of interior dike walls shall be 5 ft (1.5 m).

(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, if their presence would constitute a hazard. 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 d within the diked area.

3-4-3 Operation and Maintenance of 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 petroleum products 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:

(A) National Association of Corrosion Engineers Standard RP-01-69, "Control of External Corrosion of Underground or Submerged Metallic Piping Systems";

(B) 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 petroleum:

(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 petroleum 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 nation ally recognized association.

(3) Periodic Inspections - AST systems with impressed current cathodic protection systems must be inspected periodically as specified by the equipment manufacturer to ensure that the equipment  is running properly.

(4) Record Keeping - For AST systems using cathodic protection, records of the operation of the cathodic protection must be maintained to demonstrate compliance with the performance  standards in this section. If an AST system is not cathodically protected, the AST system must meet the requirements of section 3-5-1(b).

3-4-4 Compatibility Requirements for All Tanks.

Owners/operators must use an AST system made of or lined with materials that are compatible with the substance stored in the AST. [Note: Owners/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/Co-solvent Blends at Distribution Terminals and Service Stations."]

3-4-5 Static Protection for All AST's.

(a) Grounding Required. All equipment such as tanks, machinery and piping, where an ignitable mixture may be present shall be bonded or connected to a ground.

(b) Bonding Facilities Required. The bond or ground or both shall be physically applied or shall be inherently present by the nature of the installation; and

(1) Bonding facilities for protection against static sparks during the loading of tank vehicles through open domes shall be provided:

(A) Where Class I liquids are loaded, or

(B) Where Class II or Class III liquids are loaded into vehicles that may contain vapors from pre previous cargoes of Class I liquids; and

(2) Bonding facilities shall consist of a metallic bond wire permanently electrically connected to the fill stem, or to some part of the rack structure in electrical contact with the fill stem. The free end of such wire shall be provided with a clamp or equivalent device for convenient attachment to some metallic part in electrical contact with the cargo tank of the tank vehicle. (This can be a simple ground clamp used while loading).

3-4-6 Repairs Allowed.

(a) If an AST system is damaged, it must be repaired to meet applicable requirements, or be properly closed. Owners/operators of AST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the AST system is used to store petroleum.

(b) The repairs must meet the following requirements:

(1) Repairs to AST 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 (b) 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"];

(2) Aboveground metal pipe that has released product must be immediately repaired or replaced and appropriately tested. [Note: repaired piping that has previously contained flammable liquid must not be subjected to an air pressure test unless the piping has been completely cleaned and rendered vapor free]

(3) Underground metal pipe sections and fittings connected to an AST that have released product as a result of corrosion or other damage must be replaced immediately and protected from future corrosion. Fiberglass pipes and fittings may be repaired in accordance with the equipment manufacturer's  specifications.

(4) Repaired AST underground piping must be volumetrically tested following the completion of the repair. The volumetric test can be made using one of the available commercial precision testing methods or by a standpipe test at 1.5 times operating pressure for small sections of pipe if approved by the State Inspector of Oils. New replacement piping runs that have never contained product may be tested by an air pressure/soap bubble test at 1.5 times operating pressure if inspected and approved by the State Inspector of Oils.

3-4-7 Out of Service, Closure or Change-In-Service.

(a) Out of Service. An AST may be taken out of service without notice and without meeting any leak detection requirement for a period of not more than 90 days by simply removing the petroleum product from the tank. The "Out of Service" period may continue for up to a total of 9 calendar months without further action until the tank is returned to service. Returning to active service of an AST that has been out of service for more than 90 days must be accompanied by a careful visual inspection of all components of the AST system that may contain product, for seepage from any and all tank and piping connections. Temporary Closure status as described in subsection

(b) below, must be initiated for any AST that has been out of service for more than 9 months. Records documenting "out of service" periods, and documenting the inspections required prior to reinstitution of service, should be kept on site; but need not be sent to the State Inspector of Oils.

(b) Temporary Closure. Temporarily closed tanks must be emptied of liquid, rendered vapor free and safeguarded against trespassing by means of locked gates, fences etc. AST's may continue in a temporary closed status for not more than 24 calendar months. Reactivation of a temporarily closed tank requires an appropriate test of all the connected piping, and a careful physical inspection to ensure that the tank and all secondary containment structures are clean, liquid tight and structurally sound. AST's must be permanently closed as described in subsection (c) below, when temporary closure exceeds 24 months. The annual registration fee described in section 3-2-5 must be paid for AST's that are out of service or temporarily closed until such time as the owner/operator institutes permanent closure or change-in-service for the AST. Records documenting "temporary closure" periods and inspections prior to reinstitution of service, should be kept on site; but need not be sent to the State Inspector of Oils.

(c) Permanent Closure. Permanent Closure may be initiated by the owner/operator at any time up to 24 calendar months after beginning temporary closure. To permanently close an AST system, owners/operators must:

(1) Empty and clean the tank by removing all liquids and accumulated sludges as describe d in subsection (e) below; and

(2) Clean out and plug both ends of all connected piping; and

(3) Remove all dispensers; and

(4) Render all connected loading facilities completely inoperative; and

(5) Safeguard the AST system from trespassing as described in subsection (b) above, or remove t he tanks from the facility; and

(6) Notify the State Inspector of Oils of the permanent closure at least ten days before the closure .

(d) Change-In-Service. Continued use of an AST system to store a substance other than petroleum is considered a change-in-service. Before a change-in-service, owners/operators must empty and clean the tank, connected piping, and any other equipment that previously contained petroleum product as described in subsection (e) below; then notify the State Inspector of Oils in writing of the change of service.

(e) All liquids and accumulated sludges must be removed and disposed of according to the rules adopted pursuant to the Solid Waste Disposal Regulations and the Colorado Hazardous Waste Regulations adopted by the Colorado Department of Public Health and Environment.

(f) Assessing the site at closure or change-in-service.

(1) Before permanent closure or a change-in-service is completed, or upon request by the State Inspector of Oils for previously closed sites, owners/operators must measure for the presence of a release where contamination is most likely to be present at the site. In selecting sample types, sample locations, and measurement methods, owners/operators must consider the method of closure, the nature of the stored substance, the depth to groundwater, and other factors appropriate for identifying the presence of a release. The requirements of this section are satisfied if one of the release detection methods allowed in these regulations is operating and used at the time of closure, and indicates  no release has occurred.

(2) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under subsection (1), or by any other manner, owners/operators must begin corrective action i n accordance with these regulations. [Note 1: Permanently closed or non-regulated AST's may be returned to active petroleum product service only after meeting the reinstallation rules described in section 3-4-8 below.] [Note 2: These closure rules are the minimum required in Colorado; they do not preempt local fire district rules, local building codes, or local zoning rules. In fire districts where the Uniform Fire Code is in effect, the fire district may require that out of service ASTs be removed or demolished.] [Note 3: The following procedures may be used to comply with this section 3-4-7:

(A) American Petroleum Institute Publication 2015,"Cleaning Petroleum Storage Tanks";

(B) American Petroleum Institute Publ. 2015A, "Lead Hazard Associated with Tank Entry";

(C) American Petroleum Institute 2015B,"Cleaning Open Top and Floating Roof Tanks";

(D) National Institute for Occupational Safety and Health "Criteria for a Recommended Standard...Working in Confined Space" may be used as guidance for conducting safe closures.]

3-4-8 Reinstallation of ASTs.

To qualify for reinstallation of an AST at a different site in flammable or combustible liquids service, a used AST must meet the following requirements:

(a) The AST itself must meet all the fabrication, construction and performance requirements listed in section 3-3 of these regulations.

(b) An installation permit must be applied for and received from the State Inspector of Oils as with any other installation or upgrade. The AST installation will be inspected by the State Inspector r of Oils as described in section 3-2.

(c) The tank must be thoroughly cleaned inside and outside and be examined for pits, cracks, corrosion effects, transportation damage, etc. Any damage must be properly repaired.

(d) A tank sold to a new owner/operator must be externally protected as necessary, tested, and certified as structurally sound and capable of performing properly in the proposed service by a tank manufacturer or tank manufacturer's qualified representative; or by a Tank Inspector meeting at least one of the following qualifications:

(1) A degree in engineering plus 1 year of experience in inspection of tanks, pressure vessels or piping;

(2) A 2-year certificate in engineering or technology from a technical college, and 2 years of experience in construction, repair, operation or inspection, of which one year must be inspection of tanks , pressure vessels or piping; or

(3) The equivalent of a high school education, and 3 years of experience in construction, repair, operation or inspection, of which at least one year must be in inspection of tanks, pressure vessels or piping.

(e) Emergency relief vents or devices for meeting the fire exposure requirements must be tested d and certified to be in good working order.

3-4-9 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 visual inspection records of the AST system must be kept for one year.

(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) Records to document that tank ullage was properly checked prior to filling tanks must be maintained  for at least six months.

(8) Free product removal records must be maintained to document proper operation following any release of product within the last five years.

(9) SPCC plans as described in section 3-6 of these regulations if such a plan is required must be retained as long as the plan is required.

(10) Records showing the changes in status of tanks that have been taken out of service or 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.

(b) Records must be maintained at the AST site and immediately available for inspection by the State Inspector of Oils; or at a readily available alternative site and be provided for inspection within 24 hours to the State Inspector of Oils 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.

Section 3-5 Release Detection

3-5-1 General Requirements for all AST Systems.

(a) 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. Any such leakage must be repaired immediately and reported under the repair and reporting requirements of these regulations.

(b) 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 (1) be inspected as in subsection (a) above and (2) be protected from corrosion or tested periodically to prove that they are not seriously corroded, as described in this section. 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 vi visible damage; or

(2) A leakage test of any type approved by the State Inspector of Oils; 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 State Inspector of Oils in the future.

(c) 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.

(d) Underground AST piping that is in contact with the soil or an electrolyte, and that routinely contains petroleum must be precision tested annually to ensure that it is maintained in a liquid t tight condition.

3-5-2 Leak Detection for Secondary Containment Tanks.

Secondary Containment tanks that are installed without special drainage or diking according to section 3-4-2(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 § 3-4-9].

3-5-3 AST Facility Housekeeping Required.

(a) 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.

(b) 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 e with the containment purpose of such areas.

Section 3-6 Oil Pollution Prevention - SPCC Plan

3-6-1 Applicability.

(a) Owners/operators of non-transportation related facilities engaged in storing, processing, refining, transferring, distributing or consuming oil and oil products; and which due to their location could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines must develop and implement a spill prevention, spill control, and spill countermeasures plan (SPCC PLAN) as described in section 3-6-6 of this rule if the facility contains either:

(1) An aggregate aboveground oil storage capacity greater than 1,320 gallons; or

(2) Any single aboveground oil storage tank whose capacity exceeds 660 gallons.

(b) This rule does not apply to any of the following:

(1) Transportation related facilities.

(2) Facilities which, due to their location, could not reasonably be expected to discharge oil into or upon the navigable waters of the United States.

3-6-2 Definitions.

For this section 3-6 the following definitions apply:

(a) Oil - means oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(b) Discharge - includes but is not limited to, any spilling, leaking, pumping, pouring, emitting , emptying, or dumping.

(c) Owner/operator - means any person owning or operating an AST facility, and in the case of any abandoned facility, the person who owned or operated such facility immediately prior to abandonment .

(d) Navigable waters - means all waters of the United States that are connected with a navigable stream, lake or sea. [Note: This definition is usually interpreted to mean any waterway (even a normally dry wash or storm sewer) that eventually drains into a navigable stream.]

3-6-3 Requirements For Preparation of SPCC Plan.

(a) Owners/operators of facilities existing before October 1, 1994 which are subject to this rule must prepare and fully implement an SPCC Plan by October 1, 1995.

(b) Owners/operators of facilities subject to this rule, which become operational after September 30, 1994, must prepare an SPCC Plan within 6 months after the facility begins operations; and must fully implement the SPCC Plan within one year after the facility becomes operational .

(c) The SPCC Plan for any facility must be reviewed and certified to be in accordance with good engineering practices by a Registered Professional Engineer.

(d) Owners/operators of facilities that must prepare an SPCC Plan are required to maintain a complete copy of the SPCC Plan at the facility if the facility is normally attended at least 8 hours per day, or at the nearest field office if the facility is not so attended.

3-6-4 Amendment of SPCC Plan Required by State Inspector of Oils.

The State Inspector of Oils may require an amendment of the SPCC Plan for any facility required to have one, if it is determined that the plan is inadequate to protect the navigable waters of Colorado and the United States.

3-6-5 Amendment of SPCC Plan by Owners/Operators .

(a) Owners/operators of facilities with an SPCC plan subject to section 3-6-3(a) or (b) shall amend the SPCC Plan in accordance with section 3-6-6 whenever there is a change in facility design, construction, operation or maintenance which materially affects the facility's potential for the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. Such amendments shall be fully implemented as soon as possible, but not later than six months after such cha change occurs.

(b) Notwithstanding compliance with paragraph (a) of this section, owners/operators of facilities with an SPCC plan subject to section 3-6-3(a) or (b) shall complete a review and evaluation of the SPCC Plan at least once every three years from the date such facility becomes subject to this rule. As a result of this review and evaluation, the owner/operator shall amend the SPCC Plan within six months of the review to include more effective prevention and control technology if:

(1) Such technology will significantly reduce the likelihood of a spill event; and

(2) If such technology has been field-proven at the time of the review.

(c) No amendment to an SPCC Plan shall be deemed to satisfy the requirements of this section unless it has been certified to be in accordance with good engineering practices by a Registered Professional Engineer in accordance with section 3-6-3(c).

3-6-6 SPCC Plan, Preparation and Implementation Guidelines.

The SPCC Plan must be a carefully thought out plan, prepared in accordance with good engineering practices, and which has the full approval of management at a level with authority to commit the necessary resources. The complete plan shall follow the sequence outlined below, and include a discussion of the facility's conformance with the appropriate guidelines listed:

(a) A facility which has experienced one or more spill events within twelve months prior to October 1, 1994 shall include a written description of each such spill, corrective action taken and plans for r preventing recurrence.

(b) Where experience indicates a potential for equipment failure (such as tank overflow, rupture or leakage), the plan shall include a prediction of the direction, rate of flow, and total quantity of oil which could be discharged from the facility as a result of each major type of failure.

(c) Appropriate containment and/or diversionary structures or equipment to prevent discharged oil from reaching a navigable water course shall be provided. One of the following preventive systems or its equivalent must be used as a minimum:

(1) Dikes, berms or retaining walls sufficiently impervious to contain spilled oil;

(2) Installation of secondary containment tanks or fire resistant tanks;

(3) Curbing and/or drip pans;

(4) Culverting, gutters or other drainage systems;

(5) Weirs, booms or other barriers;

(6) Spill diversion ponds;

(7) Retention ponds;

(8) Sorbent materials; or

(9) Sumps and collection systems.

(d) When it is determined by the owner/operator that the installation of structures or equipment listed in subsection (c) above to prevent discharged oil from reaching the navigable waters is not practicable from any onshore or offshore facility, the owner/operator should clearly demonstrate such impracticability and provide the following:

(1) A strong oil spill contingency plan following the provisions of 40 C.F.R. Part 109; and

(2) A written commitment of manpower, equipment and materials required to expeditiously control and remove any harmful quantity of oil discharged.

(e) In addition to the prevention standards listed in subsection (c) above, the plan should include a complete discussion of conformance with the following:

(1) Facility drainage (onshore).

(A) Drainage from diked storage areas must be restrained by valves or other positive means;

(B) Flapper-type drain valves must not be used to drain diked areas.

(C) Plant drainage systems from undiked areas should, if possible retain oil or return it to the f facility.

(2) Facility transfer operations, pumping, and in-plant process (onshore).

(A) Buried piping must be cathodically protected if soil conditions warrant.

(B) Pipe supports must be properly designed to minimize abrasion and corrosion and allow for r expansion and contraction.

(3) Inspections and records required by this section must be in accordance with written procedures developed for the facility by the owner/operator .

(4) Security.

(A) All plants handling, processing, and storing oil should be fully fenced, and entrance gates should be locked and/or guarded when the plant is not in production or is unattended.

(B) The master flow and drain valves and any other valves that will permit direct outward flow of the tank's content to the surface must be securely locked in the closed position when in non-operating or non-standby status.

(C) The starter control on all oil pumps must be locked in the "off" position or located at a site accessible only to authorized personnel when the pumps are in a non-operating or non-standby status.

(D) The loading/unloading connections of oil pipelines must be securely capped or blank-flanged when not in service or standby service for an extended time. This security practice also applies to pipelines that are emptied of liquid content either by draining or by inert gas pressure.

(E) Facility lighting must be commensurate with the type and location of the facility.

(5) Personnel, training and spill prevention procedures.

(A) Owners/operators are responsible for properly instructing their personnel in the operation and maintenance of equipment to prevent the discharges of oil; and applicable pollution control laws, rules and regulations.

(B) Each applicable facility must have a designated person who is accountable for oil spill prevention on and who reports to line management.

(C) Owners/operators must schedule and conduct spill prevention briefings for their operating personnel at intervals frequent enough to assure adequate understanding of the SPCC Plan for that facility. Such briefings should highlight and describe known spill events or failures, malfunctioning components, and recently developed precautionary measures.