17.56.202    UPGRADING OF EXISTING UST SYSTEMS

(1) Owners and operators must permanently close, in accordance with ARM Title 17, chapter 56, subchapter 7, any UST system that does not meet the new UST system performance standards in ARM 17.56.201 or has not been upgraded in accordance with (2) through (4). This requirement does not apply to previously deferred UST systems described in ARM 17.56.1601 and where an upgrade is required by the department.

(2) All existing UST systems must comply with one of the following requirements:

(a) new UST system performance standards under ARM 17.56.201;

(b) the upgrading requirements in (2) through (4); or

(c) closure requirements under subchapter 7, including applicable requirements for corrective action under subchapter 6.

(3) Steel tanks must be upgraded to meet any one of the following requirements in accordance with all of the standards in (6):

(a) a tank may be upgraded by internal lining if:

(i) the lining is installed in accordance with the requirements of ARM 17.56.304;

(ii) within ten years after lining, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications; and

(iii) if the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, then the lined tank must be permanently closed in accordance with ARM Title 17, chapter 56, subchapter 7.

(b) a tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of ARM 17.56.201(1)(a)(ii)(B), (C), and (D) and the integrity of the tank is ensured using one of the following methods:

(i) the tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system; or

(ii) the tank has been installed for less than ten years and is monitored monthly for releases in accordance with ARM 17.56.407(1)(d) through (g); or

(iii) the tank has been installed for less than ten years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of ARM 17.56.407(1)(c). The first tightness test must be conducted prior to installing the cathodic protection system. The second tightness test must be conducted between three and six months following the first operation of the cathodic protection system; and

(c) a tank may be upgraded by both internal lining and cathodic protection if:

(i) the lining is installed in accordance with the requirements of ARM 17.56.304; and

(ii) the cathodic protection system meets the requirements of ARM 17.56.201(1)(a)(ii)(B), (C) and (D).

(4) Metal piping that routinely contains regulated substances, and is in contact with the ground, must be cathodically protected in accordance with all of the standards adopted by reference in ARM 17.56.201(6)(s) through (w) and must meet the requirements of ARM 17.56.201(1)(b)(ii)(B), (C), and (D).

(5) To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with new UST system spill and overfill prevention equipment requirements specified in ARM 17.56.201(1)(c).

(6) The department adopts and incorporates by reference the version in effect on January 1, 2018, of the following publications and standards:

(a) American Petroleum Institute Publication 1631, "Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks," which sets forth repair and lining standards for UST systems, a copy of which may be obtained from API Publications Department, 1220 L Street NW, Washington, DC 20005, (202) 682-8375;

(b) National Leak Prevention Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection," which sets forth repair and lining standards for UST systems, a copy of which may be obtained from National Leak Prevention Association, 7685 Fields Ertel Road, Cincinnati, OH 45241, (800) 543-1838;

(c) National Association of Corrosion Engineers Standard RP0285, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection," which sets forth cathodic protection standards for buried or submerged metallic liquid storage systems, a copy of which may be obtained from NACE, International, P.O. Box 201009, Houston, TX 77216-1009, (281) 228-6200; and

(d) American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems," which sets forth cathodic protection standards for UST systems, a copy of which may be obtained from API Publications Department, 1220 L Street NW, Washington, DC 20005, (202) 682-8375.

(e) Ken Wilcox Associates Recommended Practice, "Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera," a copy of which may be obtained from Ken Wilcox Associates, Inc., 1125 Valley Ridge Drive, Grain Valley, MO 64029, (816) 443-2494.

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History: 75-11-505, MCA; IMP, 75-11-505, MCA; NEW, 1989 MAR p. 1912, Eff. 11/23/89; TRANS, from DHES, 1995 MAR p. 2259; AMD, 2003 MAR p. 1079, Eff. 5/23/03; AMD, 2007 MAR p. 1189, Eff. 8/24/07; AMD, 2010 MAR p. 1888, Eff. 8/27/10; AMD, 2013 MAR p. 1826, Eff. 10/18/13; AMD, 2016 MAR p. 1694, Eff. 9/24/16; AMD, 2018 MAR p. 1954, Eff. 10/6/18.