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Administrative Code

Virginia Administrative Code
10/7/2024

Part X. UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems

9VAC25-580-380. General requirements.

A. Implementation of requirements. Owners and operators must comply with the requirements of this part for UST systems with field-constructed tanks and airport hydrant systems as follows:

1. For UST systems installed before January 1, 2018, the requirements are effective according to the following schedule:

Requirement

Effective Date

Upgrading UST systems; general operating requirements; and operator training

January 1, 2021

Release detection

January 1, 2021

Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in subsection B of this section)

January 1, 2018

2. For UST systems installed on or after January 1, 2018, the requirements apply at installation.

B. Not later than January 1, 2021, all owners of previously deferred UST systems must submit a one-time notice of tank system existence to the department, using the UST Notification Form. Owners and operators of UST systems in use as of January 1, 2018, must demonstrate financial responsibility at the time of submission of the notification form.

C. Except as provided in 9VAC25-580-390, owners and operators must comply with the requirements of Parts I (9VAC25-580-10 et seq.) through VII (9VAC25-580-310 et seq.) and IX (9VAC25-580-370 et seq.) of this chapter and 9VAC25-590.

D. In addition to the codes of practice listed in 9VAC25-580-50, owners and operators may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, when designing, constructing, and installing airport hydrant systems and UST systems with field-constructed tanks.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.

Historical Notes

Derived from Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 504 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

9VAC25-580-390. Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.

A. Exception to piping secondary containment requirements. Owners and operators may use single walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced.

B. Upgrade requirements. Not later than January 1, 2021, airport hydrant systems and UST systems with field-constructed tanks where installation commenced before January 1, 2018, must meet the following requirements or be permanently closed pursuant to Part VII (9VAC25-580-310 et seq.) of this chapter.

1. Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances must meet one of the following:

a. Except as provided in subsection A of this section, the new UST system performance standards for tanks at subdivision 1 of 9VAC25-580-50 and for piping at subdivision 2 at 9VAC25-580-50; or

b. Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory and meets the following:

(1) Cathodic protection must meet the requirements of subdivisions 1 b (2), (3), and (4) of 9VAC25-580-50 for tanks and subdivisions 2 b (2), (3), and (4) of 9VAC25-580-50 for piping.

(2) Tanks older than 10 years without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment must be by internal inspection or another method determined by the department to adequately assess the tank for structural soundness and corrosion holes.

Note: The following codes of practice may be used to comply with subsection B of this section:

(a) NACE International Standard Practice SP0285, External Control of Underground Storage Tank Systems by Cathodic Protection;

(b) NACE International Standard Practice SP0169, Control of External Corrosion on Underground or Submerged Metallic Piping Systems;

(c) National Leak Prevention Association Standard 631, Chapter C, Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection; or

(d) American Society for Testing and Materials Standard G158, Standard Guide for Three Methods of Assessing Buried Steel Tanks.

2. Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with field-constructed tanks and airport hydrant systems must comply with new UST system spill and overfill prevention equipment requirements specified in subdivision 3 of 9VAC25-580-50.

C. Walkthrough inspections. In addition to the walkthrough inspection requirements in 9VCA25-580-85, owners and operators must inspect the following additional areas for airport hydrant systems at least once every 30 days if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR Part 1910) is not required or at least annually if confined space entry is required and keep documentation of the inspection according to 9VAC25-580-85 B.

1. Hydrant pits – visually check for any damage, remove any liquid or debris, and check for any leaks; and

2. Hydrant piping vaults – check for any hydrant piping leaks.

D. Release detection. Owners and operators of UST systems with field-constructed tanks and airport hydrant systems must begin meeting the release detection requirements described in this part not later than January 1, 2021.

1. Methods of release detection for field-constructed tanks and airport hydrant systems. Owners and operators of shop fabricated USTs that are part of airport hydrant systems and field-constructed tanks with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in Part IV (9VAC25-580-130 et seq.) of this chapter. Owners and operators of field-constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in Part IV of this chapter (except subdivisions 5 and 6 of 9VAC25-580-160 must be combined with inventory control as stated in this subdivision) or use one or a combination of the following alternative methods of release detection:

a. Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;

b. Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years;

c. Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years;

d. Perform vapor monitoring (conducted in accordance with subdivision 5 of 9VAC25-580-160 for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

e. Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25, ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5% of flow-through; and

(1) Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every two years; or

(2) Perform vapor monitoring or groundwater monitoring (conducted in accordance with subdivision 5 or 6 of 9VAC25-580-160, respectively, for the stored regulated substance) at least every 30 days; or

f. Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subdivisions D 1 a through D 1 e of this section. In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection.

2. Methods of release detection for piping. Owners and operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the release detection requirements in Part IV of this chapter. Owners and operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons must follow either the requirements in Part IV (except subdivisions 5 and 6 of 9VAC25-580-160 must be combined with inventory control as stated in this subdivision) or use one or a combination of the following alternative methods of release detection:

a. (1) Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the following table:

Maximum Leak Detection Rate Per Test Section Volume

Test Section Volume

(Gallons)

Semiannual Test -

Leak Detection Rate Not To Exceed (Gallons Per Hour)

Annual Test -

Leak Detection Rate Not To Exceed (Gallons Per Hour)

< 50,000

1.0

0.5

≥ 50,000 to < 75,000

1.5

0.75

≥ 75,000 to < 100,000

2.0

1.0

≥ 100,000

3.0

1.5

(2) Piping segment volumes equal to or greater than 100,000 gallons not capable of meeting the maximum 3.0 gallons per hour leak rate for the semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the following schedule:

Phase in for Piping Segments ≥ 100,000 Gallons in Volume

First test

Not later than January 1, 2021, (may use up to 6.0 gph leak rate)

Second test

Between January 1, 2021, and January 1, 2024, (may use up to 6.0 gph leak rate)

Third test

Between January 1, 2024, and January 1, 2025, (must use 3.0 gph for leak rate)

Subsequent tests

After January 1, 2025, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table above

b. Perform vapor monitoring (conducted in accordance with subdivision 5 of 9VAC25-580-160 for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

c. Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25, ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5% of flow-through; and

(1) Perform a line tightness test (conducted in accordance with subdivision 2 a of this subsection using the leak rates for the semiannual test) at least every two years; or

(2) Perform vapor monitoring or groundwater monitoring (conducted in accordance with subdivision 5 or 6 of 9VAC25-580-160, respectively, for the stored regulated substance) at least every 30 days; or

d. Another method approved by the department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subdivisions D 2 a, D 2 b, and D 2 c of this section. In comparing methods, the department shall consider the size of release that the method can detect and the frequency and reliability of detection.

3. Recordkeeping for release detection. Owners and operators must maintain release detection records according to the recordkeeping requirements in 9VAC25-580-180.

E. Applicability of closure requirements to previously closed UST systems. When directed by the department, the owner and operator of an UST system with field-constructed tanks or airport hydrant system permanently closed before January 1, 2018, must assess the excavation zone and close the UST system in accordance with Part VII of this chapter if releases from the UST may, in the judgment of the department, pose a current or potential threat to human health and the environment.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.34:9 of the Code of Virginia; 42 USC § 6901 et seq.; 40 CFR Parts 280 and 281.

Historical Notes

Derived from Virginia Register Volume 34, Issue 1, eff. January 1, 2018; Errata, 34:4 VA.R. 504 October 16, 2017; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.

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