Section 18 AAC 78.030 - Upgrading existing USTs(a) An owner or operator shall permanently close in accordance with 18 AAC 78.080 - 1 8 AAC 78.087 any UST that does not meet the performance standards in 18 AAC 78.025 for new USTs or that has not been upgraded in accordance with (d) - (f) of this section. This subsection does not apply to a previously deferred UST described in 18 AAC 78.700 - 18 AAC 78.705, if an upgrade to the previously deferred UST is performed and the department determines the upgrade to be protective of human health and safety and the environment.(b) An existing UST must comply with one of the following requirements: (1) the performance standards in 18 AAC 78.025 for new USTs;(2) the upgrading requirements in (d) - (f) of this section; or(3) the closure requirements under 1 8 AAC 78.080 - 1 8 AAC 78.087, including applicable requirements for corrective action under 18 AAC 78.200 - 18 AAC 78.280.(c) A UST must be upgraded by a person certified under this chapter and must be installed using nationally recognized codes of practice specified in 18 AAC 78.025. All parts of the UST must be certified, listed, or approved under 1 8 AAC 78.050 for use with the fuel stored within the system.(d) Steel tanks must be upgraded to meet one of the following requirements in accordance with a nationally recognized code of practice as specified in 1 8 AAC 78.025 and 18 AAC 78.055: (1) tanks upgraded by internal lining must meet the following requirements: (A) the lining must be installed in accordance with the requirements of 18 AAC 78.055;(B) not later than 10 years after lining, and every five years thereafter, the lined tank must be internally inspected and found to be structurally sound with the lining still performing in accordance with the original design specifications: if the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a nationally recognized code of practice, the lined tank must be permanently closed in accordance with 18 AAC 78.080 - 18 AAC 78.087; and(C) a certified copy of the internal lining or lining system specifications and installation instructions, safety precautions, and other documentation must be provided to the department by the manufacturer, including(i) approvals by independent testing laboratories and other independent evaluation results that demonstrate compliance with the approved standards;(ii) approvals by other government agencies;(iii) chemical compatibility data for common fuels; and(iv) copies of guarantees or warranties;(2) tanks upgraded by cathodic protection must meet the requirements of 18 AAC 78.025(e)(2)(B) - (D) and the integrity of the tank must have been ensured using one of the following methods: (A) the tank must be internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes before installing the cathodic protection system;(B) the tank must have been installed for less than 10 years and must be monitored monthly for releases in accordance with 18 AAC 78.065(e) - (j);(C) the tank must have been installed for less than 10 years and must be assessed for corrosion holes by conducting two tightness tests that meet the requirements of 18 AAC 78.065(d); the first test must be conducted before installing the cathodic protection system; the second test must be conducted not earlier than three months and not later than six months following the first operation of the cathodic protection system; or(D) the tank must be assessed for corrosion holes by a method that is determined by the department to prevent releases in a way that is no less protective of human health and safety and the environment than the requirements in (A) - (C) of this paragraph;(3) tanks upgraded by both internal lining and cathodic protection must meet the following requirements: (A) the lining must be installed in accordance with the requirements of 18 AAC 78.055; and(B) the cathodic protection system must meet the requirements of 18 AAC 78.025(e)(2)(B) - (D); or(4) an STI-P3 steel tank may be upgraded to cathodic protection if the tank can be verified by the Steel Tank Institute to have been constructed in accordance with Steel Tank Institute Specification STI-P3, STI-P3 Specification and Manna! far External Corrosion Protection of Underground Steel Storage Tanks, August 201 1, adopted by reference.(e) Metal piping that routinely contains petroleum and is in contact with the ground must be cathodically protected using nationally recognized codes of practice specified in 18 AAC 78.025(f)(2)(E) and must meet the requirements of 18 AAC 78.025(f)(2)(B) - (D).(f) To prevent spilling and overfilling associated with product transfer to the UST, an existing UST must comply with UST spill and overfill prevention equipment requirements specified in 18 AAC 78.025(g).(g) The department may inspect or require inspection of an upgrade to determine compliance with this section. If the department requires an inspection, it must be conducted by an independent third party certified under this chapter.(h) If an upgrade consists of the removal and installation of a UST, or the removal and installation within a three-year period of more than 50 percent of the piping associated with a single UST, the department will consider the upgrade to be a replacement subject to the requirements of 18 AAC 78.025.Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/25/99, Register 150; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018,Register 227, October 2018Authority:AS 46.03.020
AS 46.03.365
AS 46.03.375