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APPENDIX G-3: New Hampshire Regulatory Requirements Applicable to the Underground Storage Tank Program OSWER Directive 9650.15 Procedures and Requirements For Codification Of Approved state UST Programs September 1994

APPENDIX G-3

SAMPLE INCORPORATION BY REFERENCE BINDERS
(NEW HAMPSHIRE)

NEW HAMPSHIRE REGULATORY REQUIREMENTS
APPLICABLE TO THE
UNDERGROUND STORAGE TANK PROGRAM
1993 40 CFR 282.79


OSWER Directive 9650.15

TABLE OF CONTENTS

Regulatory Provisions:

  1. New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws 411, Control of Underground Storage Facilities:
    Section 411.01 Purpose, except for the following words, "heating oils."
    Section 411.02 Applicability, except for 411.02(d)
    Section 411.03 Definitions
    Section 411.04 Registration
    Section 411.05 Change in Use
    Section 411.06 Information Required for Registration
    Section 411.07 Permit to Operate
    Section 411.08 Transfer of Facility Ownership
    Section 411.10 Financial Responsibility
    Section 411.11 Inventory Monitoring
    Section 411.12 Regulated Substance Transfers
    Section 411.13 Tightness Testing
    Section 411.14 Certification of Technicians Performing Tightness Tests
    Section 411.15 Tightness Test Failures
    Section 411.16 Unusual Operating Conditions
    Section 411.17 Temporary Closure
    Section 411.18 Permanent Closure
    Section 411.19 Prohibition Against Reusing Tanks
    Section 411.20 Requirements for Approval of Underground Storage Systems
    Section 411.21 Tank Standards for New Underground Storage Systems
    Section 411.22 Piping Standards for New Underground Storage Systems
    Section 411.23 Secondary Containment for New Tanks
    Section 411.24 Secondary Containment for New Pressurized Piping
    Section 411.25 Spill Containment and Overfill Protection
    Section 411.26 Leak Monitoring for New Tanks
    Section 411.27 Leak Monitoring for New Underground Piping Systems
    Section 411.28 Installation of New Underground Storage Systems
    Section 411.29 Release Detection for Tanks Without Secondary Containment and Leak Monitoring, except for the following words in 411.29 (a), "With the exception of on premise use heating oil systems."
    Section 411.30 Release Detection for Piping
    Section 411.31 Operation of Leak Monitoring Equipment
    Section 411.32 Corrosion Protection for Steel Tanks
    Section 411.33 Corrosion Protection for Piping
    Section 411.34 Submission of Corrosion Protection Plan
    Section 411.35 Relining Steel Tanks
    Section 411.36 Repair of Fiberglass-Reinforced Plastic Tanks
    Section 411.37 Repair and Replacement of Piping Systems
    Section 411.38 Field Fabricated Tanks
    Section 411.39 Secondary Containment for Hazardous Substance Systems
    Section 411.40 Waivers

OSWER Directive 9650.15

New Hampshire Code of Administrative Rules Env-Ws411

Control of Underground Storage Facilities

November 1990

N.H. Department of Environmental Services

OSWER Directive 9650.15

PART ENV-WS 411 UNDERGROUND STORAGE AND HANDLING OF OIL PETROLEUM LIQUIDS

Statutory Authority: RSA 146-C:9 and RSA 146-A:11-c

OSWER Directive 9650.15

Env-Ws 411.01 Purpose. The purpose of these rules is to set forth the requirements for underground storage facilities under RSA 146-C, and to minimize contamination of the waters of the State due to the storage and handling of motor fuels, lubricating oils, other petroleum and petroleum contaminated liquids, and hazardous substances, by establishing standards and criteria for the registration, permitting, design, installation, operation, maintenance, and monitoring of such facilities. Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.02 Applicability. These rules apply to all underground storage facilities having a total storage capacity of more that 110 gallons which are used for the storage of regulated substances, with the following exclusions:
  1. Oil-transmission pipelines subject to the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979;
  2. Wastewater treatment facilities including oil/water separators regulated by the Clean Water Act Section 402 or 307(b), and oil/water separators at oil and gas production facilities;
  3. Underground storage facilities which are used solely for residential or domestic heating use;
  4. [deleted];
  5. Septic tank systems or floor drain collection tank systems that collect waste for the purpose of segregating such waste from septic systems;
  6. Storm-water systems;
  7. Flow-through process systems which form an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process systems shall not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.
  8. Any system which is located in an underground room or vault if the system is totally above or upon the surface of the floor, and no portion of any tank is covered, surrounded, or buried with soil or stone or other material, and all system components can be visually inspected;
  9. Systems where less than 10% of the total volume of the tank(s) and associated piping is below the surface of the ground.
  10. Facilities containing radioactive material regulated under the Atomic Energy Act of 1954;
  11. Emergency spill or overflow containment systems that are immediately emptied after introduction of a regulated substance;
  12. Underground storage facilities which are used for the storage of products containing concentrations of regulated substances which are less than the allowable drinking water standard for the regulated substances or hazardous constituents thereof; and
  13. Equipment or machinery that contains regulated substances for operational purpose such as hydraulic lift tanks and electrical equipment tanks.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.03 Definitions.
  1. "API 1615" means American Petroleum Institute publication "Installation of Underground Storage Tanks 1979"
  2. "Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the underground storage system.
  3. "Connected piping" means all piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank or system through which regulated substances flow.
  4. "Corrosion specialist" means an individual who is either certified by the National Association of Corrosion Engineers or who is a registered professional engineer with education and experience in corrosion control of buried metal piping systems and tanks.
  5. "Division" means the Water Supply and Pollution Control Division of the Department of Environmental Services.
  6. "Free product" means an oil or petroleum liquid that is present as a non-aqueous phase liquid on groundwater, or surface water, or in soil or bedrock.
  7. "Heating oil" means petroleum that is No. 1, No. 2, No. 4--light, No. 4--heavy, No. 5--light, No. 5--heavy, and No. 6 technical grades of fuel oil, other residual fuel oils, including Navy Special Fuel Oil and Bunker C, and other fuels when used as substitutes for one of these fuel oils.
  8. "Leak monitoring" means measurement for the presence of a regulated substance before a release to the environment has occurred.
  9. "Lining" means a coating of a non-corrosive material bonded to the interior surface of a tank.
  10. "Monthly" means at least once every 30 days.
  11. "Motor fuel" means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and which is typically used in the operation of a motor engine.
  12. "NFPA 30" means National Fire Protection Association publication number 30 entitled, "Flammable and Combustible Liquids Code", dated 1987.
  13. "NFPA 329" means National Fire Protection Association publication number 329 entitled, "Underground Leakage of Flammable and Combustible Liquids", dated 1987.
  14. ""PEI/RP100-87" means Petroleum Equipment Institute Recommended Practices for Installation of Underground Liquid Storage Systems, dated 1987.
  15. "Pipe" means an impermeable hollow cylinder or tubular conduit that conveys or transports oil or liquid, or is used for venting, filling, or removal of oil or liquids.
  16. "Reconcile" means to compare volume of stored regulated substance at the beginning of an inventory period with receipts, sales, and other uses during the inventory period, and with volume stored at the end of the inventory period, to determine whether there is any unexplained gain or loss of regulated substance.
  17. "Regulated substance" means oil or a hazardous substance.
  18. "Release detection" means measurement for the presence of a regulated substance which has been released to the environment.
  19. "System" means an underground storage tank(s) and all connected piping, pumps, containment structures, monitors, or other equipment serving the tank(s).
  20. "Tank" means a stationary device constructed of impermeable materials and designed to contain or hold oil or liquids, which is a component of an underground storage system.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.04 Registration.
  1. The owner of an underground storage facility shall register the facility by providing the information required by Env-Ws 411.06.
  2. Owners shall report in writing any change in information on the form within 10 days of the change.
  3. If facility ownership is disputed, the owner of the property on which the facility is located shall register the facility by providing the information required by Env-Ws 411.06.
  4. Any tank of unknown size shall be assumed to be of regulated capacity, unless it can be determined by records or measurement that the tank is not of regulated capacity.
  5. For new systems, or substantial modifications of existing systems, a new or amended registration form, respectively, shall be filed with the Division at the time of final inspection of the system.
  6. The facility registration shall be automatically renewed by the Division every 5 years until all systems have been permanently closed in accordance with the Division's rules.
  7. No person shall operate an underground storage facility which is not registered with the Division.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.05 Change in Use. The owner of any facility which would become subject to regulation due to a change in the use of any system shall register the facility at least 30 days prior to changing the use of the system and shall comply with all applicable regulatory requirements before instituting the changed use. Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.06 Information Required for Registration.
  1. Registration of each underground storage facility shall contain a complete and detailed description of each system of the underground storage facility.
  2. Registration shall be completed in accordance with federal regulations 40 CFR PART 280.22.
Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.07 Permit to Operate.
  1. No person shall operate an underground storage facility without a permit issued by the Division.
  2. The owner of an underground storage facility shall apply to the Division for a permit to operate, by providing the following information:
    1. The name, mailing address, and telephone number of the facility.
    2. The name, mailing address and telephone number of the owner.
    3. A certification, signed by the owner, that the facility is in compliance with all applicable statutory and regulatory requirements.
  3. The Division shall issue a permit to the owner of a new facility upon approval of the facility plan in accordance with Env-Ws 411.20, and to the owner of an existing facility pursuant to paragraph (j) below.
  4. A permit issued under this section shall be displayed on the facility premises at all times.
  5. Unless otherwise specified in RSA 146-C:4, the permit shall be valid for a period of 5 years.
  6. The permit shall apply to all underground storage systems at the facility.
  7. If the Division determines that a facility is not in compliance with applicable statutory and regulatory requirements, the Division shall issue a notice of non-compliance and permit revocation to the owner, which shall include:
    1. A listing of compliance deficiencies;
    2. A requirement for achieving compliance within 90 days of receipt of the notice; and
    3. The date of permit revocation upon failure of the owner to achieve compliance or request an opportunity for hearing.
  8. At least 180 days prior to the permit expiration date, the owner shall apply for permit renewal by providing the information required by Env-Ws 411.07(b).
  9. If any system is not in compliance with these rules at the time of application for permit renewal, the system shall be brought into compliance no later than the permit expiration date.
  10. When a permit renewal application is received the Division shall determine the compliance status of the systems at the facility and shall not issue the renewal permit if all systems are not in compliance. If the Division has not determined the compliance status of the facility's systems by the permit expiration date and if the owner has applied to the Division in accordance with Env-Ws 411.07(h), a renewal permit shall be issued.
  11. If a permit renewal is not requested, the operator shall cease operating the facility no later than the permit expiration date, and the owner shall close all systems at the facility under Env-Ws 411.17 or Env-Ws 411.18.
  12. A permit issued before the adoption of these rules shall remain valid until its expiration date as provided in RSA 146-C:4. When permits issued before the adoption of these rules are renewed, the permit renewal shall be subject to the requirements of these rules.
Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.08 Transfer of Facility Ownership.
  1. When a transfer of ownership of any underground storage tank, facility, or system takes place, the new owner shall file an amended registration form with the Division within 10 days of the transfer.
  2. The seller shall deliver to the buyer all documents and information related to the tanks, facility, or system regarding:
    1. Inventory;
    2. New installations;
    3. Testing;
    4. Closure or removals;
    5. Lining;
    6. Monitoring;
    7. Sampling and analysis;
    8. Site assessments;
    9. Equipment maintenance;
    10. Repairs; and
    11. Any other records required to be maintained by these rules.
Source. #3116, eff 9-17-85; amd by #3160 eff 12-16-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.09 RESERVED. Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.10 Financial Responsibility.
  1. Owners of underground storage facilities for oil shall maintain financial responsibility for costs associated with the cleanup of releases from systems, the implementation of corrective measures, and compensation for third party damages in the minimum amount of $1,000,000 per occurrence.
  2. The amount of financial responsibility required shall not limit an owner's or operator's liability for damages caused by a release.
  3. The requirement for financial responsibility may be satisfied by strict compliance with all terms of these rules, so that the owner of a facility is eligible for reimbursement of costs associated with cleanup of releases from systems, under RSA 146-D.
Sources. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.11 Inventory Monitoring.
  1. The operator of an underground storage facility shall conduct inventory monitoring of each underground storage tank, and shall maintain separate records for each tank or interconnected system. The operator shall certify the accuracy of the records by signing the records no less than monthly. As an alternative to inventory monitoring, operators of on premise use heating oil systems may perform annual tank gauging in accordance with paragraph (k), below.
  2. Operators of facilities not required to conduct inventory monitoring under rules previously in effect shall begin conducting inventory monitoring no later than October 1, 1991.
  3. The data maintained for inventory monitoring shall include:
    1. Tank registration number(s) of each system;
    2. Description of the type of substance being stored in each tank;
    3. All bulk liquid receipts;
    4. All bulk liquid sales or uses for each operating day;
    5. Measurement of liquid stored as follows:
      1. For systems without secondary containment and leak monitoring, measurement of liquid stored for each operating day; or
      2. For systems with secondary containment and leak monitoring, monthly measurement of liquid stored; and
    6. Monthly measurement of water level in each tank.
  4. All records relating to inventory monitoring, including sales receipts, shall be maintained for a period of 3 years.
  5. Measurement of liquid stored shall be taken by a gauge stick which shall be capable of measuring the level of liquid in the tank to nearest 1/8 inch or by an automatic tank gauging device of equivalent or better measuring accuracy.
  6. The tank contents shall be measured and recorded before and after each bulk liquid delivery to the tank
  7. The operator shall reconcile the inventory data by comparing the sales or uses, receipts, and quantities of stored liquid as follows:
    1. For systems without secondary containment and leak monitoring, daily reconciliation shall be performed; or
    2. For systems with secondary containment and leak monitoring, monthly reconciliation shall be performed.
  8. If there is a change in water level of 2 inches or more in any 30-day period or less or a total water depth of 3 inches or more or if reconciliation shows that, for any 30-day period or less, there is an unexplained gain or loss of regulated substance greater than 1.0 percent of sales or uses plus 130 gallons, the operator shall notify the Division within 7 days and submit all system inventory records for the period and the previous year to the Division within 5 days thereafter.
  9. A tightness test shall be performed, pursuant to Env-Ws 411.13, on any system with an unexplained gain or loss of regulated substance greater than 1.0 percent of sales or uses plus 130 gallons in any 30 day period, or with an unexplained change in water level of 2 inches or more, or total water depth of 3 inches or more.
  10. An owner shall perform tank tightness testing of any underground tank for which inventory monitoring is not performed in accordance with Env-Ws 411.11(b), or for which records have not been maintained in accordance with these rules.
  11. Operators of on premise use heating oil systems may perform annual tank gauging in accordance with the following requirements:
    1. The tank shall be filled;
    2. Tank oil and bottom water level measurements shall be recorded at the beginning and ending of an idle period of at least 30 days, during which no oil is added to or removed from the tank;
    3. All level measurements shall be based on an average of 2 consecutive level readings; and
    4. The equipment used shall be capable of measuring the level of oil over the full range of the tank's height to the nearest 1/8 of an inch.
    5. If the results of the manual tank gauging indicate a change in water level of 2 inches or more, or a loss or gain of oil, the division shall be notified within 7 days.
    6. Records of oil and water measurement data shall be maintained for a period of 3 years.
    7. A tightness test shall be performed on any system with an unexplained gain or loss of oil, or with an unexplained change in water level of 2 inches or more.
    8. Underground storage systems which meet the requirements of these rules for new systems shall not be subject to annual tank gauging requirements.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.12 Regulated Substance Transfers.
  1. No transfer of regulated substances shall be made to facilities which are not registered or for which there is not a valid permit to operate.
  2. Before that transfer of regulated substances into a tank, the operator shall determine that the tank has sufficient receiving capacity to hold the volume to be transferred.
  3. No transfer shall be made to a tank which is not equipped with spill and overfill protection devices, as required under Env-Ws 411.25.
Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.13 Tightness Testing.
  1. All underground storage systems without secondary containment and leak monitoring which were required to be tightness tested under rules previously in effect shall be tightness tested, if an least 1 test has not been performed.
  2. Underground storage systems without secondary containment and leak monitoring which were not required to be tightness tested under rules previously in effect shall be tightness tested by October 1, 1991.
  3. The tank tightness testing protocol or method shall be tested and certified by an independent testing laboratory and shall be certified by the laboratory to meet the leak rate detection criteria of Env-Ws 411.13(g). A complete description of the method or protocol and a copy of the certification shall be filed with the owner. The owner shall retain the description and certification for the life of the facility.
  4. When a tightness test is conducted, the person conducting the test shall send a tightness test report to the owner, the operator, and the Division no later than 30 days after the date of the test.
  5. The tightness test report shall include:
    1. The facility and tank registration number;
    2. Location;
    3. Owner;
    4. Tank capacity;
    5. Age;
    6. Product stored;
    7. Location of each system tested;
    8. Copies of field records;
    9. Any other information to accurately identify each system;
    10. A statement specifying that the piping was also tested;
    11. A description of any piping, fittings, or connections that were tightened or repaired;
    12. Waiting periods after product delivery, topping, or vapor space disturbances;
    13. Temperature measurement equipment and method;
    14. Releveling procedure;
    15. Date of last calibration and maintenance of equipment;
    16. Test duration time; and
    17. Vapor pocket measurement and elimination procedure.
  6. The technician performing the test shall sign a test report which certifies the validity, method, and accuracy of the test and certifies that the test complies with requirements of these rules and that he or she is qualified to perform the test.
  7. The tightness test shall be capable of detecting a system leak rate of 0.05 gallon per hour for tanks of less than 20,000 gallons capacity, or 0.10 gallon per hour for tanks of 20,000 gallons capacity or larger with a probability of detection of 0.95 and a probability of false alarm of .05, accounting for all variables including vapor pockets, thermal expansion of product, temperature stratification, evaporation, pressure, end deflection, water table, and tidal action.
  8. A leak or failure shall be indicated by a test result of 0.05 gallon per hour or greater for tanks of less than 20,000 gallons capacity, or 0.10 gallon per hour or greater for tanks of 20,000 gallons or more.
  9. Volumetric tightness tests shall conform to the following requirements:
    1. There shall be a minimum waiting period of 8 hours after a product delivery before a tightness test is started;
    2. There shall be a minimum waiting period of 4 hours after the test equipment is set up and topped before the tightness test is started;
    3. There shall be a minimum of 4 hours after the vapor space is disturbed before the tightness test is started on a partially-filled tank;
    4. At least 5 temperature sensors or an averaging sensor over the same vertical range shall be used to measure product temperature, or the product shall be circulated;
    5. The hydrostatic head during a precision tightness test shall be held constant throughout the test;
    6. The level within a standpipe shall be adjusted by the addition of very small product amounts at a time, the product shall be at the same temperature as the product in the tank, and the product shall be added at a location that will not affect the temperature sensors;
    7. Precision tightness testing equipment shall be regularly and accurately calibrated, and properly maintained and installed in accordance with manufacturers specifications;
    8. The duration of a precision tightness test from actual commencement of measurements and readings shall be at least 4 hours; and
    9. The tester shall experimentally determine the height to volume conversion factor, shall determine if a volume of trapped vapor exists which will interfere with test accuracy and shall take steps to reduce any such volume as much as possible.
  10. The test report and other documents describing the type of test, contractor, date, materials, all field data and any other information pertinent to the work performed under this section shall be kept by the owner for the life of the system.
  11. If information submitted to the Division causes the Division to question the accuracy of the test, the person conducting tank tightness tests shall provide the Division with information on all testing equipment and protocols which have the potential to affect the accuracy of the test.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.14 Certification of Technicians Performing Tightness Tests.
  1. Any person conducting tank tightness tests shall have an understanding of the variables which affect the test, be trained in the performance of the test, and be certified as qualified by the manufacturer of the equipment used in the testing protocol or method. The technician shall register with the Division by submitting a manufacturer's training certificate.
  2. Any person conducting tank tightness tests shall keep the manufacturer's certification and registration with the Division current and shall notify the Division of any change in employment status. Manufacturer's certification of qualification shall be valid for 2 years from the date of certification.
  3. No person shall conduct a tank tightness test to fulfill the requirements of these rules who is not certified and registered under (a) and (b) above.
Source. #3116, eff 9-17-85

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OSWER Directive 9650.15

Env-Ws 411.15 Tightness Test Failures.
  1. The person conducting the tightness test shall notify the Division and the facility owner and operator immediately of a system tightness test failure.
  2. A tightness test failure shall be addressed as follows:
    1. The owner and operator of an underground storage system shall report any failure to the Division within 24 hours of receiving notice of the failure;
    2. The owner or operator shall perform an investigation into the cause of the failure to determine if the system is leaking;
    3. The investigation into the cause of an initial test failure shall be completed within 7 days and shall include the performance of a second confirming tank tightness test;
    4. The owner shall submit a written report to the Division within 30 days of the failure which describes the work performed, the repairs made, and any other actions taken in response to the test failure;
    5. Any underground storage system which fails a second, confirming test for tightness shall be completely emptied of regulated substance within 24 hours of the second failure and shall be repaired or closed within 30 days; and
    6. The owner may at any time elect to permanently close the system instead of conducting an investigation into the cause of the failure.
  3. Any system which has been repaired after a second tightness test failure shall be retested for tightness to confirm the effectiveness of the repairs.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.16 Unusual Operating Conditions.
  1. The operator shall report any unusual system operating conditions to the Division within 24 hours, unless the cause is immediately determined and corrected, and the operator determines that the unusual operating condition did not result in a release of a regulated substance.
  2. Unusual system operating conditions which require reporting shall include:
    1. Erratic behavior of dispensing equipment;
    2. Unexplained loss of regulated substance or the presence of regulated substance on the ground surface, surface water or groundwater at or near the facility;
    3. An increase of 2 inches or more of water in a tank over any 30 day or shorter period or a total water depth of 3 inches or more;
    4. Recorded substance losses indicated by inventory control records on 18 operating days or more in any 30 day period;
    5. An indication by a leak monitor of a possible leak; and
    6. The presence near the facility of petroleum vapors or vapors of a hazardous substance.
  3. The operator shall initiate an investigation into the cause of any unusual system operating conditions within 7 days of the occurrence of the condition and shall submit a written report to the Division delineating the investigation and its conclusions. The investigation shall confirm any suspected release of a regulated substance.
  4. If the Division determines, based on the written report, that a release of a regulated substance could have occurred, the operator shall conduct a tightness test of the affected system(s).
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.17 Temporary Closure.
  1. Temporary closure of underground storage systems shall be accomplished by removing all liquid regulated substances and tank bottoms, without excavation of the system. All substances removed shall be disposed of in accordance with applicable local, state, and federal rules.
  2. Within 30 days of temporary closure, the owner shall notify the Division in writing that the system has been temporarily closed.
  3. An underground storage system which has been temporarily closed for 1 year shall be permanently closed in accordance with Env-Ws 411.18 unless the system meets all requirements of these rules for a new system or a system with release detection.
  4. An underground storage system which is temporarily closed shall not be placed back in service, nor shall any regulated substance be introduced into the system until the operator certifies to the Division that the system is in compliance with applicable statutory and regulatory requirements.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.18 Permanent Closure.
  1. Steel underground storage systems without corrosion protection shall be permanently closed on or before 25 years after the year of installation. When the year of installation is unknown, the system shall be permanently closed by October 1, 1995.
  2. Steel underground storage systems without corrosion protection for which groundwater or soil vapor monitoring devices were installed as an alternative to permanent closure under rules previously in effect, shall be permanently closed by October 1, 1995.
  3. The owner shall notify the Division at least 30 days prior to any scheduled system removal or closure. The Division shall be notified of emergency removals or closures as far in advance of the work as possible.
  4. Permanent closure shall be accomplished as follows:
    1. All product, liquid and sludge shall be removed from the system(s) and disposed of in accordance with applicable state and federal rules;
    2. All piping shall be disconnected and removed to the greatest extent possible or permanently capped or plugged;
    3. The tank(s) shall be tested for hazardous or explosive vapors and rendered free of vapors;
    4. The tank(s) shall be either removed or closed in-place by filling the tank(s) to capacity with a solid inert material and filling all voids within the tank(s);
    5. An assessment shall be performed to determine if any contamination is present using one of the following sampling methods for the assessment:
      1. Test pits shall be excavated in the immediate vicinity of the system, and representative soil or groundwater samples shall be obtained; or
      2. Soil or groundwater samples shall be obtained from the excavation(s) resulting from the removal of the tank(s); or
      3. Existing release detection devices or subsurface monitoring locations shall be sampled; or
      4. For tanks which will be closed in-place, soil samples shall be obtained at representative locations from beneath the tank, by cutting sampling access points through the tank wall.
      5. Soil or groundwater samples shall also be taken at locations adjacent to the system piping.
    6. The soil or groundwater samples shall be screened for the presence of contamination in the field, and submitted to an EPA certified laboratory for analysis, as follows:
      1. Field screening of samples shall include visual and olfactory observation and headspace analysis performed with a portable organic vapor meter (OVM) or portable gas chromatograph (GC);
      2. Laboratory analysis of samples shall include tests for volatile organic compounds (VOC) and total petroleum hydrocarbons (TPH) if the system stored motor fuel, or test for total petroleum hydrocarbons (TPH) if the system stored heating oil or waste oil, or the appropriate EPA test method for hazardous substances; and
    7. Results of the assessment performed under (5) above and the laboratory analysis of samples performed under (6) above shall be submitted to the Division within 30 days of the closure.
  5. If soil or groundwater contamination from the regulated substance is detected by observation or analysis during closure of an underground storage system, the Division shall be notified immediately. All requirements of Part Env-Ws 412 shall be complied with.
  6. The excavation shall not be backfilled, nor shall the closed tank be removed from the site until the Division has inspected the site and approved the closure. If the Division is unable to inspect the site within 7 days, the Division shall grant permission for a consultant or other person knowledgeable in site assessments for contamination to inspect the site. When such permission is granted, the person inspecting the site shall submit a report to the Division. The report shall contain a detailed account of inspection of soil and groundwater in the vicinity of the tank, and of an inspection of the closed tank(s) for evidence of corrosion and leakage.
  7. Underground storage systems which have not been temporarily or permanently closed shall be subject to all requirements of these rules.
  8. Documents pertaining to the closure of the tanks or system, including contractor's invoices, manifests for disposal of materials, testing and analytical reports, and any other documents generated from the closure shall be kept by the owner for 10 years. These documents shall be transferred to the new owner at the time of a transfer of facility ownership.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.19 Prohibition Against Reusing Tanks.
  1. Underground storage tanks which have been removed that do not meet the standards for new tanks shall not be reused as underground storage tanks for regulated substances.
  2. A tank once used for regulated substances shall not be reused to store food products or potable water.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.20 Requirements for Approval of Underground Storage Systems.
  1. At least 90 days prior to commencing construction or installation of a new or replacement underground storage system or of a substantial modification of an underground storage system, the owner shall submit plans and specifications to the Division. The plans shall be prepared and stamped by a registered professional engineer, licensed to practice in the state of New Hampshire.
  2. Within 90 days of submission of plans and specifications, the Division shall approve plans which demonstrate compliance with the requirements of these rules, or issue a notice of incompleteness or disapproval for plans which do not demonstrate compliance with these rules.
  3. An owner shall not cause or allow a change which is not in accordance with the approved plans and all terms and conditions of the Division's approval.
  4. An approval shall be valid for 1 year from the date of issuance. If construction of the installation is not completed within 1 year, the approval shall be void.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.21 Tank Standards for New Underground Storage Systems.
  1. All glass fiber reinforced plastic underground storage tanks designed for storing regulated substances shall be manufactured in accordance with standards of Underwriters Laboratories, Inc., UL 1316, or Underwriters Laboratories of Canada, CANA-S615-M83.
  2. All double-walled steel underground storage tanks designed for storing regulated substances shall be manufactured with outer jackets of a minimum of 10 gauge in thickness.
  3. All composite underground storage tanks designed for storing regulated substances shall be manufactured in accordance with Underwriters Laboratories Standard 1746, or the Association for Composite Tanks ACT-100.
  4. All underground storage tanks designed for storing regulated substances and constructed of steel clad with fiberglass reinforced plastic shall be manufactured in accordance with one of the following standards:
    1. Underwriters Laboratories of Canada, Inc. ULC-603, Standard for Protected Steel Underground Tanks for Flammable and Combustible Liquids; or
    2. Underwriters Laboratories, Inc., USA, UL 58, Steel Underground Tanks for Flammable and Combustible Liquids; or
    3. Code for Unfired Pressure Vessels; Section VIII, Division I of the ASME Boiler and Pressure Vessel Code.
  5. All tanks shall provide secondary containment unless enclosed in a vault. Secondary containment shall enclose at least the lower 300 degrees of the inner tank.
  6. The secondary containment wall or envelope shall not be in contact with the inner wall, such that a leak of the inner tank would not be detected due to restriction of product flow to the monitoring sump.
  7. There shall be no penetrations of any kind through the jacket to the tank except top entry fittings required for filling, venting, and monitoring of the interstitial space.
  8. All new tanks shall have a wear plate constructed of steel or glass fiber reinforced plastic installed under each tank opening covering an area of at least 144 square inches, for purposes of protecting the tank wall from abrasion or puncture.
  9. New underground storage tanks shall bear a stencil, label or plate which contains the following information:
    1. The standard of design by which the tank was manufactured;
    2. The year in which the tank was manufactured;
    3. The dimensions and capacity of the tank; and
    4. The name of the manufacturer.
  10. A certificate which shows all of the information required above and which also shows the date of installation and the regulated substances and percentages by volume of any additives which may be stored permanently and compatibly within, shall be conspicuously displayed and permanently affixed at the facility premises.
  11. Documents or copies of documents describing manufacturer's warrantees, equipment items, contractor, equipment maintenance, repairs or testing, and all other information pertinent to the tank installation and system components shall be kept at the facility for the life of the system(s). These records shall be transferred to the new owner(s) at the time of a transfer of facility ownership.
  12. Owners and operators shall maintain records which show that new tanks and their welds, seams, and connecting fittings were factory tested for tightness using standard engineering practices. Records shall certify that each tank is guaranteed by the manufacturer against leakage for a period of 10 years.
  13. The regulated substance stored shall be compatible with the interior lining or wall of the tank, piping system, and all components, gaskets, sealants, that will be in contact with the stored substance. If the regulated substance stored is changed, and it is not listed as a substance that is compatible with the tank, a written confirmation from the manufacturer shall be obtained certifying the compatibility of the liquid with the system, prior to the change.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.22 Piping Standards for New Underground Storage Systems.
  1. All new underground pipes, fittings, and connections shall be constructed of fiberglass reinforced epoxy, galvanized steel, black iron, stainless steel, or copper.
  2. Fiberglass reinforced epoxy piping shall meet ASTM Specification D-2996-71, Standard Specification for Filament Wound RTRP, Underwriters Laboratory Subject 971 "Listed non-metal pipe" or Underwriters Laboratories of Canada Guide ULC-107 "Glass Fiber Reinforced Plastic Pipe Fittings for Flammable Liquids". Ultimate sheer strength of adhesive and curing agent shall be in compliance with ASTM d-2517-66T, as approved and supplied by manufacturer.
  3. Steel or iron piping shall be Schedule 40 or heavier and shall have protective wrapping or di-electric coating and be cathodically protected by impressed current or sacrificial anodes. Galvanized Steel shall meet standards as in American Petroleum Institute Publication 1615 "Installation of Underground Petroleum System";
  4. Copper tubing shall be contained in a non-metallic sleeve to protect it from damage and corrosion.
  5. Underground metal piping and components routinely containing regulated substances and in contact with the soil or other backfill material shall have a cathodic protection system designed under the supervision of a corrosion specialist accredited by the National Association of Corrosion Engineers and the design shall be submitted as part of the plans required under Env-Ws 411.20.
  6. Except when cathodic protection is provided by impressed current, underground metal piping systems shall have di-electric bushings installed to electrically isolate the piping system from the tank and the dispenser, or other end use point, and at any change in the metal type, such as at flexible connectors.
  7. If metal pipe is totally isolated from the soil via secondary containment, cathodic protection of the piping shall not be required.
  8. Steel or iron fittings used with fiberglass piping shall be thoroughly wrapped and sealed with a dielectric material or shall be cathodically protected.
  9. Stainless steel flexible connectors shall be thoroughly wrapped or coated to completely isolate them from the soil and from metal piping to the pump, or shall be cathodically protected.
  10. All new underground piping systems shall be designed, constructed, and installed with access and isolation points to permit independent pressure testing of the tank and piping without the need for extensive excavation.
  11. With the exception of heating oil systems for on-premises use, suction pump systems shall have only 1 check valve, placed as close to the pump as possible.
  12. Pressure and Temperature Limitations shall meet ANSI B31, American National Standard Code for Pressure Piping.
Source. #3116, eff 9-17-85; ss by #4965; eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.23 Secondary Containment for New Tanks.
  1. Secondary containment shall be provided for all new tanks.
  2. A double-walled tank constructed in accordance with Env-Ws 411.21 shall satisfy the requirements of this section for tank secondary containment.
  3. A concrete vault may be used for secondary containment of a single wall tank and shall meet the following requirements:
    1. It shall be watertight, impervious to leakage of regulated substances;
    2. It shall be able to withstand chemical deterioration and structural stresses from internal and external causes;
    3. It shall be a continuous structure;
    4. It shall have no drain connections or other entries or openings through the vault;
    5. It shall be constructed of continuously poured reinforced concrete with chemical resistant water stops at any construction joint;
    6. Top slabs shall be reinforced;
    7. The interior shall be sealed with a material compatible with the stored product, or otherwise designed to make it impervious to leakage of the stored liquid or intrusion of groundwater;
    8. It shall have only top openings, solely for tank entry manholes, piping, or for monitoring and pumping of liquid from the vault;
    9. All penetrations shall be sealed or otherwise designed to prevent Intrusion of precipitation or surface runoff.
  4. The tank shall be encased or bedded in the vault in accordance with the manufacturer's requirements.
  5. All secondary containment access ports shall be conspicuously marked or labeled and shall be secured.

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OSWER Directive 9650.15

Env-Ws 411.24 Secondary Containment for New Pressurized Piping.
  1. All new underground storage pressurized piping and heating oil system return piping shall have secondary containment by utilizing double wall piping or a piping trench liner system.
  2. Piping systems with secondary containment shall continuously slope to direct any leakage from the primary piping to a collection sump monitor. The collection sump(s) shall be physically located at the tank(s).
  3. Piping trench liner systems for single wall piping shall include monitoring sumps installed in accordance with the manufacturer's requirements.
  4. The submersible pump head of all new pressurized piping systems shall be surrounded by a containment structure.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.25 Spill Containment and Overfill Protection.
  1. All new underground storage tanks shall be equipped with spill containment and overfill protection devices at installation.
  2. All underground storage tanks required to be equipped with spill containment and overfill protection under rules previously in effect, shall comply with this section by October 1, 1991.
  3. All underground storage tanks not subject to rules previously in effect, shall be equipped with spill containment and overfill protection by October 1, 1992.
  4. Spill containment equipment shall prevent the release of product to the environment when the transfer hose is detached from the fill pipe, and shall have a minimum capacity of 5 gallons.
  5. The overfill protection equipment shall alert the transfer operator when the tank is no more that 90% full by restricting the flow into the tank or by triggering a high level audible alarm, or shall automatically shut off flow into the tank when the tank is no more than 95% full.
  6. All gauges, alarms, or automatic or mechanical devices associated with spill containment and overfill protection shall be maintained in good working order to perform their original design function.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.26 Leak Monitoring for New Tanks.
  1. Leak monitoring shall be installed and continuously operated for all new tanks.
  2. Double-walled tanks shall have continuous monitoring of the interstitial space for both the regulated substance and water.
  3. Single wall tanks shall have continuous monitoring of the annular space between the tank and the secondary containment structure for both the regulated substance and water.
  4. The leak monitoring device shall be able to detect the regulated substance stored and its vapors if the substance is volatile, as well as the presence of water.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.27 Leak Monitoring for New Underground Piping Systems.
  1. New underground piping systems which operate under pressure shall be equipped with leak monitoring.
  2. A UL-approved line leak detector shall be employed which shall be capable of detecting a line leakage rate of at least 3 gallons per hour at 10 pounds per square inch, and shall shut-off, restrict product flow or otherwise notify the operator if the leakage rate is exceeded.
  3. The interstitial space of the double wall piping or the annular space between the primary piping and the secondary containment system shall be continuously monitored to detect the presence of the regulated substance or the vapors of the regulated substance.
  4. The piping collection sump and the submersible pump head containment structure shall employ a leak monitor activated by liquid or by vapors of the regulated substance.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.28 Installation of New Underground Storage Systems.
  1. Tank and individual system component installations shall be performed according to the manufacturer's requirements and national and industry codes. Installation items not included in the manufacturer's requirements shall be performed according to PEI RP 100-87, API 1615, and API 1632. Safety and testing requirements according to NFPA 30 and NFPA 329, shall be complied with.
  2. For steel tanks, the tank coating shall be thoroughly inspected, and any scratches, gouges, voids, or other discontinuities found in the coating shall be repaired according to the manufacturer's requirements prior to installation.
  3. Whenever an existing tank is removed prior to the installation of a new tank, all the requirements of Env-Ws 411.18 shall be met. If evidence of a discharge of regulated substance is discovered, the Division shall be notified immediately. All requirements of Part Env-Ws 412 shall be followed.
  4. Whenever an existing tank is removed prior to the installation of a new tank all system piping that does not meet the standards for new underground storage systems as specified in Env-Ws 411.22 shall be removed.
  5. Systems shall not be installed in areas subject to flooding over the top of the tank unless provisions are made to ensure that the tank shall not float and its contents shall not escape during a flood. For areas where the ground surface is below the 100 year flood elevation, special provisions for tank anchoring and product containment shall be provided to the Division with the plan required by Env-Ws 411.20.
  6. All new underground piping shall be laid out so as to minimize crossovers and, within construction limits, shall run in a compact trench to the point of use.
  7. Piping shall slope continuously towards the tank at a minimum of 1/8 inch per foot.
  8. The owner shall notify the Division of the completion of the installation of a new system at least 7 days prior to final backfilling, to arrange for an inspection.
  9. The Division shall inspect the system prior to backfilling, and owners shall correct any discrepancies discovered by the Division between the completed installation and approved plans, within 30 days and shall notify the Division to arrange a follow-up inspection.
  10. The installer shall certify that the installation has been completed in accordance with approved plans and specifications and manufacturer's requirements, in accordance with 40 CFR PART 280.22(f).
  11. The new system shall not be backfilled or placed into service until final inspection has been performed by the Division.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.29 Release Detection for Tanks Without Secondary Containment and Leak Monitoring.
  1. Underground storage tanks without secondary containment and leak monitoring shall be equipped with release detection and/or be monitored for releases according to the following schedule:
    Installation Year Deadline
    Before 1966 or unknown Immediately
    1966 - 1969 Dec. 22, 1990
    1970 - 1974 Dec. 22, 1991
    1975 - 1979 Dec. 22, 1992
    1980 or after Dec. 22, 1993
  2. Owners of underground storage facilities without secondary containment and leak monitoring shall conduct annual tightness testing, automatic tank gauging, groundwater monitoring, or soil gas vapor monitoring for release detection. Prior to initiating release detection, owners shall submit a plan to the division which demonstrates that the release detection method chosen meets the requirements of this section.
  3. When tightness testing is used for release detection, the system shall be tested at least annually. Tightness testing shall not be used as a release detection method after December 22, 1998.
  4. When automatic tank gauging is used for release detection, the gauge shall provide at least one monthly test for tank leakage with a detection limit of at least 0.2 gallons per hour. In-tank monitoring shall operate in a leak detection mode for at least 2 hours during each 24 hour period.
  5. When groundwater monitoring is used for release detection, the release detection method shall conform to the following requirements:
    1. The stored substance shall be immiscible in water and have a specific gravity of less than 1;
    2. The groundwater table shall be within 20 feet of the ground surface;
    3. Monitoring wells shall be in stalled to intercept the tank excavation zone which is the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit or trenches into which the underground storage tank system is placed at the time for Installation;
    4. If the requirements of paragraph (e)(3) above cannot be met, monitoring wells shall be placed as close to the tank(s) as technically feasible and the well screen of the monitoring well shall completely intercept seasonal fluctuations in the water table;
    5. The hydraulic conductivity of the soil surrounding a monitoring well and between a monitoring well and the tank shall be greater than 0.01 centimeters per second;
    6. The slotted portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well but to allow entry of regulated substance on the water table into the well under both high and low grade-water conditions;
    7. Monitoring wells shall be seal from the ground surface to the top of the filter pack;
    8. Monitoring wells shall be clearly marked and secured to avoid unauthorized access and tampering; and
    9. The device(s) or method(s) for monitoring shall provide at least 1 monthly test of the groundwater for the presence of the regulated substance stored in the system, and shall be able to detect the presence of 1/8 inch or more free product on the groundwater.
  6. When soil gas vapor monitoring is used for release detection, the release detection method shall conform to the following requirements:
    1. The device(s) or method(s) for monitoring shall provide at least 1 monthly test for the presence of the regulated substance stored in the tank;
    2. The stored liquid or approved tracer additive shall be sufficiently volatile to provide a vapor level that is detectable by the monitoring device(s) utilized;
    3. The measurement of vapors by the monitoring device shall not be rendered inoperative by the groundwater, rainfall, or soil moisture or other known interferences such that a release could go undetected for more than 30 days.
    4. The monitoring device(s) shall be installed to intercept the tank excavation zone, or shall be placed as close to the tank(s) as possible;
    5. The subsurface materials and conditions surrounding the monitoring device(s) and between the device(s) and tank, shall be sufficiently porous in their in-situ condition to readily allow diffusion of vapors from the tank to the device(s);
    6. The vapor monitors shall be designed and operated to detect any increase in concentration above background concentrations; and
    7. Monitoring wells installed for soil gas vapor monitoring shall meet the same requirements as wells installed for groundwater monitoring, except the screened interval need not intercept groundwater.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.30 Release Detection for Piping.
  1. Release detection for pressurized piping without secondary containment and leak monitoring shall be installed and operational by December 22, 1990. Prior to initiating release detection, owners shall submit a plan to the division which demonstrates that the release detection method chosen meets the requirements of this section.
  2. Release detection for systems with pressurized piping shall be equipped with an automatic line leak detector which shall restrict or stop the flow of the stored substance, and which shall trigger an audible or visual alarm upon detecting a leak at a rate of 3 gallons per hour at a pressure of 10 pounds per square inch within 1 hour. Automatic line leak detectors shall be tested annually to confirm that they are in good working order.
  3. Release detection for systems with pressurized piping shall utilize one of the following:
    1. Groundwater monitoring in accordance with Ws 411.29(e); or
    2. Soil vapor monitoring in accordance with Ws 411.29(f).
    3. Annual line tightness testing.
  4. When annual line tightness testing is utilized, test results shall be submitted to the Division. Pipe pressure tightness tests shall have a detection limit of 0.1 gallon per hour at 1.5 times operating pressure.
  5. Release detection for system piping at facilities utilizing suction piping or atmospheric piping shall be required on the same schedule as release detection is required for tanks under Env-Ws 411.29(a).
  6. Release detection for systems with suction or atmospheric piping shall be one of the following:
    1. Performance of a line tightness test once every 3 years;
    2. Groundwater monitoring in accordance with Env-Ws 411.29(e);
    3. Soil vapor monitoring in accordance with Env-Ws 411.29(f).
  7. Release detection shall not be required for suction or atmospheric piping that is demonstrated, by division inspection or by plans submitted by the owner, to be designed and constructed to meet the following standards;
    1. The below grade piping operates at less than atmospheric pressure;
    2. The below grade piping is sloped so that the contents of the piping will drain back into the storage tank if the suction is released;
    3. Only one check valve is included in each suction line; and
    4. The check valve is located directly below and as close as practical to the suction pump.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.31 Operation of Leak Monitoring Equipment.
  1. Leak monitoring equipment and devices shall be maintained in good working order at all times to continuously perform their original design function and shall be tested annually for proper operation in accordance with the manufacturer's requirements. All records pertaining to the equipment manufacturer, warrantees, maintenance requirements, repairs, maintenance, and testing shall be maintained for the life of the system and shall be stored on the facility premises.
  2. Leak monitoring devices shall not be shut off or deactivated at any time. Any malfunction shall be repaired within 15 working days. If the device(s) cannot be repaired within 15 days, the affected system(s) shall be temporarily closed until satisfactory repairs are made. Any deactivation of a monitor shall be immediately reported to the Division by the operator.
  3. Leak monitors shall employ an audible alarm and visual indicator, and shall be so located as to be readily heard and seen by the operator or other personnel during normal working hours.
  4. All monitoring devices shall be conspicuously marked or labeled as being monitoring devices and shall be secured against vandalism and incidental damage.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.32 Corrosion Protection for Steel Tanks.
  1. All new underground storage tanks shall be protected from corrosion. Corrosion protection for new tanks shall comply with 40 CFR PART 280.20(a).
  2. All existing steel underground storage tanks shall be protected from corrosion no later than December 22, 1998. Corrosion protection for existing steel tanks shall comply with 40 CFR PART 280.21(b)(2) or 40 CFR PART 280.21(b)(3).
  3. All new and existing cathodic protection systems shall be equipped with an accessible test connection or monitor. Sacrificial anode systems shall be tested within 6 months of installation and every 3 years thereafter, by a qualified cathodic protection tester who has an understanding of the principles and measurements of all common types of techniques used to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell as applied to buried or submerged metal piping and tank systems. Monitors for impressed current systems shall be checked monthly.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.33 Corrosion Protection for Piping.
  1. All new piping that routinely contains regulated substances and is in contact with the ground shall be protected from corrosion. Corrosion protection for new piping shall comply with 40 CFR PART 280.20(b).
  2. All existing metal piping that routinely contains regulated substances and is in contact with the ground shall be protected from corrosion no later than December 22, 1998. Corrosion protection for existing metal piping shall comply with 40 CFR PART 280.21(c).
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.34 Submission of Corrosion Protection Plan. At least 90 days prior to retrofitting or field installing corrosion protection measures for underground storage systems existing prior to October 1, 1990 an owner of an underground storage system shall submit a corrosion protection plan to the Division in accordance with Env-Ws 411.20. Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.35 Relining Steel Tanks.
  1. A steel underground storage tank may be repaired by installing an interior liner no more than once during the life of the tank, subject to the following conditions:
    1. The tank has passed a tightness test conducted in accordance with Env-Ws 411.13;
    2. Inventory records have been maintained for the preceding three years and do not show a loss of liquid, or an assessment is performed which indicates that no contamination is present; and
    3. The liner material is compatible with the regulated substance stored.
  2. Steel tank relining shall be accomplished in accordance with American Petroleum Institute Publication 1631, "Recommended Practices for the Interior Lining of Existing Steel Underground Storage Tanks".
  3. Plans and specifications shall be submitted to the Division in accordance with Env-Ws 411.20.
  4. The system shall be tightness test in accordance with Env-Ws 411.13 after relining of the tank is completed.
  5. The relining shall not be considered to affect any of the requirements of these rules relative to the age of a tank.
  6. The lining shall be tested after 10 years, then every 5 years thereafter for structural soundness, voids, detachment from the metal tank, or other defects. If at any time the lining is determined not to be functioning as originally intended and installed, the tank shall be permanently closed.
  7. Documents shall be retained for the life of the tank which describe the lining manufacturer, contractor, date, warrantees, procedure, materials, and any other information pertinent to the work.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.36 Repair of Fiberglass-Reinforced Plastic Tanks.
  1. An underground fiberglass-reinforced plastic tanks shall be repaired only once during the life of the tank and such repairs shall be subject to the following conditions:
    1. The tank has passed a precision tightness test conducted in accordance with Env-Ws 411.13 and inventory records for the preceding three years indicate no loss of stored liquid, or an assessment is performed which indicates that no contamination is present; and
    2. The repairs shall not be considered as affecting the age of the tank for the purpose of these rules.
  2. Plans and specifications shall be submitted to the Division in accordance with Env-Ws 411.20.
  3. Repairs shall be conducted in accordance with manufacturer's requirements or nationally recognized codes and standards.
  4. Following completion of the repair of the tank, and before backfilling, the system shall be tightness tested in accordance with Env-Ws 411.13.
  5. Documents shall be maintained for the life of the tank which describe the material(s) manufacturer(s), contractor, date of repair, warrantees, procedures, materials, and other information pertinent to the work.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.37 Repair and Replacement of Piping Systems.
  1. Piping systems which discharge or release liquid shall be replaced by systems meeting the requirements of Env-Ws 411.22.
  2. When a tank is removed and replaced, all piping shall also be replaced, unless it meets the requirements of these rules for new piping.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.38 Field-Fabricated Tanks.
  1. Field-fabricated underground storage tanks shall not be used unless the complete system is designed by a registered structural engineer.
  2. New field-fabricated tanks shall meet all requirements of these rules for new installations.
  3. The design engineer shall certify that a field fabricated tank is necessary because installation of a factory fabricated tank is not feasible, and that the design plans and specifications meet all requirements of these rules.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.39 Secondary Containment for Hazardous Substance Systems.
  1. All hazardous substance underground storage systems without secondary containment and leak monitoring shall be closed by December 22, 1998.
  2. Approval of secondary containment system installations shall be in accordance with Env-Ws 411.20.
Source. #4965, eff 11-2-90

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OSWER Directive 9650.15

Env-Ws 411.40 Waivers.
  1. An owner may request a waiver of specific rules in this Part in accordance with paragraph (b) below.
  2. All requests for waivers shall be submitted in writing to the Division and shall include the following information:
    1. A description of the facility to which the waiver request relates, including the name, address, and registration number of the facility.
    2. A specific reference to the section of the rule for which a waiver is being sought;
    3. A full explanation of why a waiver is necessary;
    4. A full explanation of the alternatives for which a waiver is sought, with backup calculations and data for support; and
    5. A full explanation of how the grant of the waiver is consistent with the intent of RSA 146-C.
  3. The Division shall approve a request for waiver upon finding that:
    1. The alternatives proposed are at least equivalent to the specific requirements contained in the rule; or
    2. If the alternatives proposed are not equivalent to the requirements contained in the rule, they are adequate to ensure that the intent of RSA 146-C is met.
  4. No waiver shall be granted which, in the judgment of the Division, contravenes the intent of any rule.
  5. The Division shall issue a written response to a request for a waiver within 60 days of receipt of the request.
Source. #4965, eff 11-2-90

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