MATTER OF · ILLINOIS POLLUTION CONTROL BOARD January 9, 1992 IN THE MATTER OF:) UST UPDATE) R91-14 USEPA REGULATIONS) (Identical in (1/1/91 — 6/30/91)) Substance Rulemaking) PROPOSAL

ILLINOIS POLLUTION CONTROLBOARDJanuary 9, 1992

IN THE MATTER OF: ))

UST UPDATE ) R91-14USEPA REGULATIONS ) (Identical in(1/1/91 — 6/30/91) ) Substance

Rulemaking)

PROPOSALFOR PUBLIC COMMENT

ORDEROF THE BOARD (by J. Anderson):

Pursuant to Section 22.4(d) of the Environmental ProtectionAct (Act), the Board is proposing to amend the UST undergroundstorage tank regulations in 35 Iii. Adm. Code 731. The Board isadopting a separate Opinion on this same day.

Section 22.4 of the Act governs adoption of regulationsestablishing the RCRA/UST program in Illinois. Section 22.4(d)provides for quick adoption of regulations which are “identicalin substance” to federal regulations. Section 22.4(d) providesthat Title VII of the Act and Section 5 of the AdministrativeProcedure Act (APA) shall not apply. Because this rulemaking isnot subject to Section 5 of the APA, it is not subject to firstnotice or to second notice review by the Joint Committee onAdministrative Rules (JCAR). The federal UST rules are found at40 CFR 280. This rulemaking updates Illinois’ UST rules tocorrespond with the following USEPA actions, during the periodJanuary 1 through June 30, 1991.

The complete text of the proposed rules is attached to thisOrder. Because of its length, the text of the rules will not beprinted in the Environmental Register, and will not appear in theOpinion volumes. However, the complete text will be mailed topersons on the notice list. The text of the Proposed rules willalso appear in the Illinois Register.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution ControlBoard, h~x~ebycertify that, the above Order wa~ado~pted on the ___

day of ~ , 1992, by a vote of (~ -,

/~_

/~~Jdorothy N. G~4~i,Cler]~Illinois Pol1)~tion Control Board

12 9—161

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TITLE 35: ENVIRONMENTAL PROTECTIONSUBTITLE G: WASTEDISPOSAL

CHAPTER I: POLLUTION CONTROLBOARDSUBCHAPTERd: UNDERGROUNDINJECTION CONTROL

AND UNDERGROUND STORAGE TANK PROGRAMS

PART 731UNDERGROUND STORAGE TANKS

SUBPART A: PROGRAMSCOPEAND INTERIM PROHIBITIONSection731.101 Definitions and exemptions (Repealed)731.102 Interim prohibitions (Repealed)731.103 Notification Requirements (Repealed)731.110 Applicability731.111 Interim Prohibition for Deferred Systems (Repealed)731. 112 Definitions731.113 Incorporations by Reference731.114 Implementing Agency (Repealed)

SUBPARTB: UST SYSTEMS: DESIGN, CONSTRUCTION,INSTALLATION AND NOTIFICATION

Section731.120 Performance Standards for New Systems (Repealed)731.121 Upgrading of Existing Systems (Repealed)731.122 Notification Requirements

SUBPARTC: GENERALOPERATINGREQUIREMENTSSection731.130 Spill and Overfill Control (Repealed)731.131 Operation and Maintenance of Corrosion Protection

(Repealed)731.132 Compatibility (Repealed)731.133 Repairs Allowed (Re~ea1ed)731.134 Reporting and Recordkeeping (Repealed)

SUBPARTD: RELEASEDETECTIONSection731.140 General Requirements for all Systems (Repealed)731.141 Petroleum Systems (Repealed)731.142 Hazardous Substance Systems (Repealed)731.143 Tanks (Repealed)731.144 Piping (Repealed)731.145 Recordkeeping (Repealed)

SUBPARTE: RELEASE REPORTING, INVESTIGATION AND CONFIRMATIONSection731.150 Reporting of Suspected Releases (Repealed)731.151 Investigation due to Off-site Impacts (Repealed)731.152 Release Investigation and Confirmation (Repealed)731.153 Reporting and Cleanup of Spills and Overf ills

(Repealed)

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SUBPART F: RELEASE RESPONSEAND CORRECTIVEACTIONSection731.160 General

Initial ResponseInitial Abatement Measures and Site CheckInitial Site CharacterizationFree Product RemovalInvestigations for Soil and Groundwater CleanupCorrective Action PlanPublic Participation

SUBPARTG: OUT-OF-SERVICE SYSTEMSAND CLOSURE

Temporary Closure (Repealed)Permanent Closure and Changes—in—Service (Repealed)Assessing Site at Closure or Change-in—Service(Repealed)Previously Closed Systems (Repealed)Closure Records (Repealed)

Section731.190731. 191731. 192731.193

731.194731.195731.196731. 197

731. 198731. 199731. 200731. 202731.203731.204731.205731. 206731. 207731.208731. 209

731. 210731. 211731.900731.901

Appendix A

SUBPART H: FINANCIAL RESPONSIBILITY

Applicability (Repealed)Compliance Dates (Repealed)Definitions (Repealed)Amount and Scope of Required FinancialResponsibility (Repealed)Allowable Mechanisms and Combinations (Repealed)Financial Test of Self—insurance (Repealed)Guarantee (Repealed)Insurance or Risk Retention Group Coverage(Repealed)Surety Bond (Repealed)Letter of Credit (Repealed)UST State Fund (Repealed)Trust Fund (Repealed)Standby Trust Fund (Repealed)Substitution of Mechanisms (Repealed)Cancellation or Nonrenewal by Provider (Repealed)Reporting (Repealed)Recordkeeping (Repealed)Drawing on Financial Assurance (Repealed)Release from Financial Assurance Requirement(Repealed)Bankruptcy or other Incapacity (Repealed)Replenishment (Repealed)Incorporation by reference (Repealed)Compliance Date (Repealed)

Notification Form

Appendix C Statement for Shipping Tickets and Invoices

731. 161731. 162731. 163731.164731.165731. 166731. 167

Section731.170731. 171731.172

731. 173731.174

12 9—163

4

AUTHORITY: Implementing and authorized by Ill. Rev. Stat. 1989,ch. Ill 1/2, pars. 1022.4, 1022.13 and 1027 (Sections 22.4(d),22.13(d) and 27 of the Environmental Protection Act).

SOURCE: Adopted in R86—1 at 10 Ill. Reg. 14175, effective August12, 1986; amended. inR86—28 at 11 Ill. Reg. 6220, effective March24, 1987; amended in R88—27 at 13 Ill. Reg. 9519, effective June12, 1989; amended in R89—4 at 13 Ill. Reg. 15010, effectiveSeptember 12, 1989; amended in R89—10 at 14 Ill. Reg. 5797,effect~i.ve April 10, 1990; amended in R89—19 at 14 .111. keg.9454, effective June 4, 1990; amended in R90—3 at 14 Ill. Req.11964, effective July 10, 1990; amended in R90—12 at 15 Ill.Reg. 6527, effective April 22, 1991; amended in R91—2 at 15 Ill.Reg. 13800, effective September 10, 1991; amended in R91-14 at16 Ill. Req. effective

NOTE: Capitalization denotes statutory language.

SUBPARTA: PROGRAMSCOPE AND

INTERIM PROHIBITION

Section 731.110 Applicability

a) This Part applies to owners and operators of anUnderground Storage Tank (UST) system as defined inSection 731.112 except as otherwise provided insubsections (b), (c) or (d). Any UCT ~3y3tcm li3tcd inriubc3cction (a) mu3t mcct thc rcquircmcntc of Section731.111. or (c).

b) The following UST systems are excluded from therequirements of this Part:

1) Any UST system holding hazardous waste or amixture of such hazardous waste and otherregulated substances.

2) Any wastewater treatment tank system that is partof a wastewater treatment facility regulated underSection 12(f) of the Environmental Protection Act(Ill. Rev. Stat. 1987, ch. 111 1/2, par. 1012(f)).

3) Equipment or machinery that contains regulatedsubstances for operational purposes such ashydraulic lift tanks and electrical equipmenttanks.

4) Any UST system whose capacity is 110 gallons orless.

5) Any UST system that contains a de minimus

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concentration of regulated substances.

6) Any emergency spill or overflow containment UST

system that is expeditiously emptied after used.

c) Deferrals. Cubparta B, C, D, E and C do Section731.122 does not apply to any of the following types ofUST systems:

1) Wastewater treatment tank systems;

2) Any UST systems containing radioactive materialsthat are regulated by the Nuclear RegulatoryCommission under the Atomic Energy Act of 1954 (42U.S.C. 2011 et seq.);

3) Any UST system that is part of an emergencygenerator system at nuclear power generationfacilities regulated by the Nuclear RegulatoryCommission under 10 CFR 50, Appendix A,incorporated by reference in Section 731.113;

4) Airport hydrant fuel distribution systems; and

5) UST systems with field-constructed tanks.

d) Dcfcrralo. Subpart D doc~ not apply to any TJCT 3yc3tcmthat 3toreo fuel oolcly for u~c by cmergcnoy powergcncratora.

(Source:)

Amended at 16 Ill. Reg. , effective

Section 731.111 Interim Prohibition for Deferred Systems(Repealed)

I

731.110(c) for the purpooc of otoring rcgulatcd oubotanccounlc~3 the UCT 5y~tcm (whetherconotruction):

of ~inglc or double-wall

1) Wil] ~cvcnt rcleaae~ due to corrooion rn r~1iirn1

failure for the operational life of the UCT oyotem,

2) Ic cathodically protected againct corrocion,noncorrodibic iuatcrial, ctccl clad withconøtruotcd of

a noncorrodibic material, or dcoigncd in a manner toprevent the rd cacc or threatened rclcacc of any ctorcd

~nd

3) Ic conotructed or lincd with material that iscompatible with the 3torcd substance.

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-- ~~anding subsection t—,, —~

corrosion rn-oteoiion maybe installed atdetermined by a corrosion expert not to be corrosive enoughto cause it to have a release due to corrosion during itsoperating life. Owners and operators shall maintain recordsthat demonstrate compliance with thc requirements of thissubsection for the remaining life of the tank.

BOARDHOTEL NACE RP0285, incorporated by reference inCc9tion 7i~1.113, may be used as guidance for compliance withthis subsection.

(Source: Repealed at 16 Ill. Reg. , effective

)

Section 731.112 Definitions

“Aboveground release” means any release to the surfaceof the land or to surface water. This includes, but isnot limited to, releases from the aboveground portionof an UST system and aboveground releases associatedwith overf ills and transfer operations as the regulatedsubstance moves to or from an UST system.

“Act” means the Environmental Protection Act (Ill. Rev.Stat. 1987, ch. 111 1/2, par. 1001 et seq.).

“Agency” means the Illinois Environmental ProtectionAgency.

“Ancillary equipment” means any devices including, butnot limited to, such devices as piping, fittings,flanges, valves and pumps used to distribute, meter orcontrol the flow of regulated substances to and from anUST.

“Belowground release” means any release to thesubsurface of the land and to groundwater. Thisincludes, but is not limited to, releases from thebelowground portions of an underground storage tanksystem and belowground releases associated withoverf ills and transfer operations as the regulatedsubstance moves to or from an underground storage tank.

“Beneath the surface of the ground” means beneath theground surface or otherwise covered with earthenmaterials.

“Board” means the Illinois Pollution Control Board.

“Cathodic protection” is a technique to prccorrosion of a metal surface by making that

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cathode of an clectrochcinical ccli. For example, -atank system can be cathodically protected through theapplication of either galvanic anodes or impressedcurrent.

“Cathodic protcotion tester” mc~nsa person who candemonstrate an understanding of the principles andmeasurements of all oommon typos of cathodic protectionsystems as applied to buried or submerged metal pipingand tank systems. At a minimum, such persons shallhave education and experience in soil resistivity,stray current, structure-to-soil notcntial andcomponent electrical isolation measurements of buriedmctai i’’r’t~ anu tanx systems.

“CERCLA” means the Comprehensive EnvironmentalResponse, Compensation and Liability Act of 1980, asamended (42 U.S.C. 9601 et seq.)

suhstanc~e~ t,,“CamDatiblc” means the ability of two or more

iaainta±chemical propcrtit~

III LL’L...L~ respective physicalirnon ~nnt~r~t tzit~h nnr’~ ~inothr’r

andfor

lhr’ r~r’~i~rrri 1 fr r~i- i-n,-’ -i-rir

in the UCT.r ~—iyrttrm nr~r’r condi~ ~

juic1~~’bc~

“Connected piping” means all underground pipingincluding valves, elbows, joints, flanges and flexibleconnectors attached to a tank system through whichregulated substances flow. For the purpose ofdetermining how much piping is connected to anyindividual UST system, the piping that joins two USTsystems must be allocated equally between them.

“Consumptive use” with respect to heating oil meansconsumed on the premises.

“Corrosion expert” means a person who, by reason ofthorough knowledge of the physical sciences and theprinciples of engineering and mathematics acquired by aprofessional education and related practicalexperience, is qualified to engage in the practice ofcorrosion control on buried or submerged metal pipingsystems and metal tanks. Such a person shall beaccredited or certified as being qualified by theNational Association of Corrosion Engineers or be ~aregistered professional engineer who has certificationor licensing that includes eduoation and experience incorrosion control of buried or submcracd metal ~

metal tanks.

“Dielectric material” means a material that does notconduct direct electrical current. Dielectric coatinqs

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8

are used to electrically isolate UST systems from thesurrounding soils. Dielectric bushings are used toelectrically isolate portions of the UST system (e.g.,tank from piping).

“Electrical equipment” means underground equipment thatcontains dielectric fluid that is necessary for theoperation of equipment such as transformers and buriedelectrical cable.

“ESDA” means the Illinois Eme~rgency Services andDisaster Agency.

“Excavation zone” means the volume containing the tanksystem and backfill material, bounded by the groundsurface, wall and floor of the pit and trenches intowhich the UST system is placed at the time ofinstallation.

“Exj~tina tank system” moans a tank system usea cocontain an acouinuia’cion 01 r1m~In~-v-rI suoscanoes or forwhich installation has commenced on or before December22, 1988. Installation is considered to have commencedif:

The owner or operator has obtained all federal,state and local approvals or permits necessary tobegin physical construction of the site orinstallation of the tank system;

And, if either:

A continuous on—site physical construction orinstallation program has begun; or,

The owner or operator has entered intocontractural obligations, which cannot becancelled or modified without substantialloss, for physical construction at the siteor installation of the tank ~votom to h~

lctcd within a rcasonaQie

“Farm tank” is a tank located on a tract of landdevoted to the production of crops or raising animals,including fish, and associated residences andimprovements. A farm tank must be located on the farmproperty. “Farm” includes fish hatcheries, rangelandand nurseries with growing operations.

“Fire Marshal” means the Office of the State FireMarshal.

129—168

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“Flow—through process tank” is a tank that forms anintegral part of a production process through whichthere is a steady, variable, recurring or intermittentflow of materials during the operation .of the process.Flow—through process tanks do not include tanks usedfor the storage of materials prior to theirintroduction into the production process or for thestorage of finished products or by—products from theproduction process.

“Free product” refers to a regulated substance that ispresent as a nonaqueous liquid phase (e.g., liquid notdissolved in water.)

“Gasoline Storage Act” means ~i~n twc xo tteguiacc incStorage, Transportation, Sale And Usc Of Casoline AndVolatile Oils”, as ammendcd (Ill. Rev. Stat. l98~, ch.127 1/2, par. 151 et seq.) as amended by P.A. 87—323.

“Gathering lines” means any pipeline, equipment,facility or building used in the transportation of oilor gas during oil or gas production or gatheringoperations.

“Hazardous substance” means any substance listed in 40CFR 302.4, incorporated by reference in Section 731.113(but not including any substance regulated as ahazardous waste under 35 Ill. Adm. Code 721).

BOARDNOTE: This definition is derived from thedefinition of “hazardous substance UST system” in 40CFR 280.12, as adopted at 53 Fed. Reg. 37194, September23, 1988, and “hazardous substance” in Section 101(14)of CERCLA. The United States Environmental ProtectionAgency (USEPA) regulations which implement the statutescited in CERCLA have been inserted in place of theauthorizing statutes.

“Hazardous substance UST system” means an undergroundstorage tank system that contains a “hazardoussubstance”, or any mixture of “hazardous substances”and “petroleum” which is not a “petroleum UST system”.

BOARD NOTE: This definition is derived from thecorresponding definition in 40 CFR 280.12, as adoptedat 53 Fed. Reg. 37194, September 23, 1988, insertingterms defined elsewhere in this Section.

“Heating oil” means petroleum that is No. 1, No. 2, No.4--light, No. 4--heavy, No. 5--light, No. 5--heavy orNo. 6 technical grades of fuel oil; other residual fueloils (including Navy Special Fuel Oil and Bunker C): or

129—169

10

other fuels when used as substitutes for one of thesefuel oils. Heating oil is typically used in theoperation of heating equipment, boilers or furnaces.

“Hydraulic lift tank” means a tank holding hydraulicfluid for a closed—loop mechanical system that usescompressed air or hydraulic fluid to operate lifts,elevator and other similar devices.

~.LmDiemen1-1~ n~cncy”. Coo Section 731.114.

“Liquid trap” means sumps, well cellars and other trapsused in association with oil and gas production,gathering, and extraction operations (including gasproduction plants), for the purpose of collecting oil,water and other liquid. These liquid traps maytemporarily collect liquids for subsequentdispositionfor reinjection into a production or pipeline stream,or may collect and separate liquids from gas stream.

“Maintenance” means .ue normal orcrptt~rpvcntan unr1r~rriround~tor~rn’ tank system fromrn1t’~i~inrf ~‘~oauct.

“Motor fuel” means petroleum or a petroleum—basedsubstance that is motor gasoline, aviation gasoline,No. 1 or No. 2 diesel fuel or any grade of gasohol, andis typically used in the operation of a motor engine.

“New tank system” means a tanJ~ system that will be usedto contain an accumulation of regulated substances andfor which installation has commenced after December 22,1988. (See also “Existing Tank System.”)

“Noncommercial purposes” with respect to motor fuelmeans not for resale.

“On the premises where stored” with respect to heatingoil means UST systems located on the same propertywhere the stored heating oil is used.

“Operational life” refers to the period beginning wheninstallation of the tank system has commenceduntil thetime the tank system is properly closed under Subpart

“Operator” means any person in control of, or havingresponsibility for, the daily operation of the USTsystem.

“Overfill release” is a release that occurs when a tankis filled beyon’d its capacity, resulting in a discharge

129—170

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of the regulated substance to the environment.

“Owner” means:

In the case of an UST system in use on November 8,1984, or brought into use after that date, anyperson who owns an UST system used for storage,use or dispensing of regulated substances; and

In the case of any UST system in use beforeNovember 8, 1984, but no longer in use on thatdate, any person who owned such UST immediatelybefore the discontinuation of its use.

“Person” means an individual, trust, firm, joint stockcompany, federal agency, corporation, state, unit oflocal government, commission, political subdivision ofa state or any interstate body. Person, also includes

,a consortium, a joint venture, a commercial entity andthe United States Government.

“Petroleum” means crude oil or any fraction thereofwhich is liquid at standard conditions of temperatureand pressure (60 degrees Fahrenheit and 14.7 pounds persquare inch absolute). The term “petroleum” includes,but is not limited to, petroleum and petroleum-basedsubstances comprising a complex blend of hydrocarbonsderived from crude oil through processes of separation,conversion, upgrading and finishing, such as motorfuels, jet fuels, distillate fuel oils, residual fueloils, lubricants, petroleum solvents and used oils.

BOARD NOTE: This definition is derived from thedefinitions of “petroleum UST system” and “regulatedsubstance” in 40 CFR 280.12, as adopted at 53 Fed. Reg.37194, September 23, 1988.

“Petroleum UST system” means an underground storagetank system that contains petroleum or a mixture of“petroleum” with de minimus quantities of other“regulated substances”.

BOARDNOTE: This definition is derived from thecorresponding definition in 40 CFR 280.12, as adoptedat 53 Fed. Reg. 37194, September 23, 1988, insertingterms defined elsewhere in this Section.

“Pipe” or “Piping” means a hollow cylinder or tabularconduit that is constructed of non—earthern materials.

“Pipeline facilities (including gathering lines)” arenew and existing pipe rights-of—way and any associated

129—171

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equipment, facilities or buildings.

“Regulated substance” means any “hazardous substance”or “petroleum”.

BOARDNOTE: This definition is derived from thecorresponding definition in 40 CFR 280.12, as adoptedat 53 Fed. Reg. 37194, September 23, 1988, insertingterms defined elsewhere in this Section.

“Release” means any spilling, leaking, emitting,discharging, escaping, leaching or disposing from anUST into groundwater, surface water or subsurfacesoils.

“Release detection” moans determining whether a releaseof a regulated substancehas occurred from the UCTsystem into the environment or into the interstitialspace between the UCT system and its secondary barrieror secondary containment around it.

“Repair” means to restore a tank or UCT systemcomponent that has caused a release of product from theTTP.’P ~i’m..

“Residential tank” is a tank located on property usedprimarily for dwelling purposes.

“Septic tank” is a water—tight covered receptacledesigned to receive or process, through liquidseparation or biological digestion, the sewagedischarged from a building sewer. The effluent fromsuch receptacle is distributed for disposal through thesoil and settled soilds and scum from the tank arepumped out periodically and hauled to a treatmentfacility.

“Storm water or wastewater collection system” meanspiping, pumps, conduits and any other equipmentnecessary to collect and transport the flow of surfacewater run—off resulting from precipitation, ordomestic, commercial or industrial wastewater to andfrom retention areas or any areas where treatment isdesignated to occur. The collection of storm water andwastewater does not include treatment except whereincidental to conveyance.

“Surface impoundment” is a natural topographicdepression, man—madeexcavation, or diked area formedprimarily of earthern materials (although it may belined with man—madematerials) that is not an injectionwell.

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“Tank” is a stationary device designed to contain anaccumulation of regulated substances and constructed ofnon—earthern materials (e.g., concrete, steel, plastic)that provide structural support.

“Underground area” means an underground room, such as abasement, cellar, shaft or vault, providing enoughspace for physical inspection of the exterior of thetank situated on or above the surface of the floor.

“Underground release” means any below—ground release.

“Underground storage tank” or “UST” means any one orcombination of tanks (including underground pipesconnected thereto) which is used to contain anaccumulation of regulated substances, and the volume ofwhich (including the volume of the underground pipesconnected thereto) is ten per centum or more beneaththe surface of the ground. Such term does not includeany:

Farm or residential tank of 1,100 gallons or lesscapacity used for storing motor fuel ~ornoncommercial purposes.

Tank used for storing heating oil for consumptive

use on the premises where stored.

Septic tank.

Pipeline facility (including gathering lines)regulated under:

The Natural Gas Pipeline Safety Act of 1968(49 U.S.C.A. 1671 et seq. (1987 and 1987Supp.)), or

The Hazardous Liquid Pipeline Safety Act of1979 (49 U.S.C.A. 2001 et seq. (1987)), or

The Illinois Gas Pipeline Safety Act (Ill.Rev. Stat. 1987, ch. 111 2/3, pars. 551 etseq.).

Surface impoundment, pit, pond or lagoon.

Storm-water or wastewater collection system.

Flow—through process tank.

Liquid trap or associated gathering lines directly

related to oil or gas production and gathering

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14

operations. Or,

Storage tank situated in an underground area (suchas a basement, cellar, mineworking, drift, shaftor tunnel) if the storage tank is situated upon orabove the surface of the floor.

The term “underground storage tank” does not includeany pipes connected any tank which is described in theabove subparagraphs.

“Upgrade” the addition or retrofit of some~ ~ ~thing spillsystems such uu UUL.UUUIU pLULt~UE~ [III I I

and overfill controls to improve tue aiiiicy oi an‘“~-—around storage tank system to prevent the releaseof product.

“USEPA” means United States Environmental Protection

Agency.

“UST system” or “Tank system” means an undergroundstorage tank, connected underground piping, undergroundancillary equipment, and containment system, if any.

“Wastewater treatment tank” means a tank that isdesigned to receive and treat an influent wastewaterthrough physical, chemical or biological methods.

(Source: Amended at 16 Ill. Reg. , effective

).

Section 731.113 Incorporations by Reference

a) The following publications arc incorporated byref ercncei

ACT. Available from the Association for CompositeThnkr~, 108 N. State Ct., Suite 720, Chio~c’o. ILtu~u~, ~iuuj itu—2lust

ACT-laO/CC, “Specification for theFabrication of FRP Clad/Composite Undc~rgroundStorage Tanks”, revised March 16, 1988

ANSI. Available from the American NationalCtandarda Institute, 1430 Broadway, Nr~wYork. H~wYork 10018, (212) 354—3300:

Ccc ACME.

Institute, 1220 L Street, N.W., Washington, D.C.

12 9—174

15

20005, (202) ~

API Recommended Practice 1604, “Removal andDisposal, of Used Undcrground PetroleumStorage Tanks”, Second Edition, December,1987

API Recommended Practice 1615, “Installationof Underground Petroleum Storage Systems”,Fourth Edition, November, 1987

API Recommended Practice 1621, “Bulk LiquidStock Control at Retail Outlets”, FourthEdition, December, 1987

API Recommended Practice 1626, “Storing andHandling Ethanol and Casolinc-Ethanol Blendsat Distribution Terminals and ServiceStations”, First Edition, April, 1085

API Recommended Practice 1627, “Storage andHandling of Casolino-Mcthanol/CosolvcntBlends at Distribution Terminals and ServiceStations”, First Edition, August, 1986

API Recommended Practice 1631, “InteriorLining of Undcrarnund f~tor~rso Tanks”, Cor~nniiEdition, ucoemDcr, .I.~nj,

API Recommended Practice 1632, “C~thodio

Tanks and PipingDecember, 1987

Systems”, Second Edition,

2015, “Cleaning PetroleumAPI PublicationStorage Tanks”, Third Edition, September,1985

-~

Liquif~.4

ACNE. Available from.Mechanical Engineers,York, NY 10017, (212)

the American345 East 47th

705—7722s

SocietyStreet,

ofNew

“Chemical Plant and Petrol~...Piping”, ACME/ANSI B31.3 - 1987, assupplementedby B31.3a - 1988 and B31.3b -

1988. Also available from ANSI.

lIT ~ Transportation Systems for

12 9—175

--~ I~ILJk]U2~1LIQfl ~200, “Repairing Crude Oil,i r—uI i ,-‘,—‘r-r’, , r’,llm - r~nri Prndnr~t

Edition, April, 1983

16

Hydrocarbons, Liquid Petroleum Cas, AnhydrousAmmonia, and Alcohols”, ACME/ANSI B31.4 -

1986, as supplemented,by B31.4a - 1087. Also1~h1r’ from MJF~T..

ACTH. Available from American Society for Testing-and Materials, 1916 Race Street, Philadelphia, PA19103, (215) 299—54OO~

ACTII D4021-86, “Standard Specification forClass-Fiber-Reinforced Polyester. UndergroundPetroleum Storage Tanks”, approved July 25,1986.

NACE. Available from the National Association ofCorrosion Engineers, 1400 South Creek Dr.,Houston, TX 77084, (713) 492-0535:

NACE Ctandard RecommendedPractice RPO16O-83,“Control of External Corrosion on Undergroundor SubmergedMetallic Piping Systems”,Revised January, 1983

NACE Ctandard rtccommcndcd Practice RP0285-85,“Control of External Corrosion on MetallicBuried, Partially Buried, or Submerged LiquidStorage Cystems”, Approved March, 1935

NFPA. Available from the National Fire ProtectionAssociation, Battcrymarch Park, Boston, MA 02269,(617) 770—3000 or (800) 344—3555:

NFPA 30, “Flammable and Combustible LiquidsCode”, issued July 17, 1987. Also availablefrom ANSI.

NFPA 385, “Tank Vehicles for Flammable andCombustible Liquids”, issued December 7,1984. Also available from ANSI.

NIOCH. Available from the National Institute forOccupational Cafcty and Health, PublicationsOffice, 4676 Columbia Parkway, Cincinnati, OH45226 (.513) 533—8287:

:ccmber, 1979Equipment Insti

1 �VT7 ... ~7A 1 fli 0.1

PEI/RP100—C7,

129—176

.2 ~.._

rn,-,

NIOCI! Publication No. 80-106, “Criteria for aRecommended Standard - Working in a Confin~

17

~ Underground Liquid StorageSystems” , 1987 Edition

CTI. Available from the Steel Tank Institute, 728Anthony Trail, Northbrook, IL 60062, (312) 498-1980:

CTI-P3, “Specification and Manual forExternal Corrosion Protection of UndergroundSteel Storage Tanks”, effective May 1, 1987.

CTI, “Standard for Dual Wall UndergroundSteel Storage Tanks” (1086).

UL. Underwriters Laboratories, Inc., PublicationsStock, 333 Pfingstcn Road, .Northbrook, IL 60062-2096 . 312/ 272—8800, extension 2612 or 2622:

UL 58 - 1985, “Standard for SteelUnderground Tanks for Flammable andCombustible Liquids”, Eighth Edition, April15, 1986. Also available from ANSI.

UL 567 - 1983, “Standard for Pipe Connectorsfor Flammable‘and Combustible Liquids and LP-Cas”, Fifth Edition, March 12, 1084, asrevised September 30, 1085. Also availablefrom ANSI.

UL 1316, “Standard for Class-Fiber-ReinforcedPlastic Underground Storage Tanks forPetroleum Products”, First Edition, July 1,1983, as revised April 29, 1986 and March 3,1987

UL Canada. Underwriters’ Laboratories of Canada,7 Crousc Rd., Scarborough, Ontario MiR 3A0CANADA, 416/ 757—3611.

UL CanadaStandard CAN4-C603-M85, “Standardfor Ctccl Underground Tanks for Flammable andCombustible Liquids”, First Edition, June,1985.

UL CanadaStandard CAN4-C603.l-M85, “Standardfor Calvanic Corrosion Protection Systems forCtcel Underground Tanks for Flammable andCombustible Liquids”, First Edition, June,1985.

UL Canada Standard CAN4-C615-M83, “Standard.for Reinforced Plastic Underground Tanks for

129—177

18

Petroleum Products”, First Edition, February,

1983.

UL Canada Standard CAN4-z~b3l-H84, “Standardfor Isolating Bushings for Steel UndergroundTanks Protested with Coatings and CalvaniaSystems”, First Edition, May, 1984.

UL CanadaCtandard CAN4-C633-M84, “FlexibleUnderground iluOC Connectors for Flammable anCombustible Liquids”, First Edition, June,1984.

UI. CanadaSubject C1O7C-N1984, “Cuidc forl...Lass r’iDrc fleintoracu iiastic iipe ana

.amxna..~......_. ~ , FirstEdition, June, 1984.

b)-~j~CFR (Code of Federal Regulations). Available from theSuperintendent of Documents, U.S. Government PrintingOffice, Washington, D.C. 20401, (202) 783—3238:

10 CFR 50, Appendix A (1990)

40 CFR 280.3 (1987) (repealed September 23, 1988)

40 CFR 302.4, 302.5 and 302.6 (1990) (1991)

40 CFI1 355.40 (1000)

e~~jThis Section incorporates no later editions or

amendments.

(Source: Amended at 16 Ill. Reg. , effective)

Section 731.114 Implementing Agency (Repealed)

a) The implementing agency is the Fire Marshal or theAgency, as specified in this Part.

b) Cenerally the Agency is the implementing agency fora. ~ bj.iV ~ L%fli a#1J’~fl~.aawa~’~a.a~

Marshal is the implementing agency for all othaspects ot eno ~°‘“‘~“-~-

(Source: Repealed at 16 Ill. Reg. , effective)

SUBPART B: UST SYSTEMS: DESIGN,CONSTRUCTION. INSTALLATION AND NOTIFICATION

129—178

Performance Standards for New Systems(Repealed)

In order to prevent releases duc to structural failure, corrosionor spills and overf ills for as long as the UCT system is used tostore regulated substances, owncrs and operators of newsystems shall moot the following requirements.

UST

acsiancd and constructed-~‘.- -~

propcrly’~ ..~ontains~___

rroauct

—---I-The .~.am..plastic; or

BOARD NOTE: The following industry codes, incorporatedby reference in Section 731.113, may bc used to complywith this subsection: UL 1316; UL CanadaStandardCAN4-C615, or AF~’TM D~,Q’1.

tank is ed of steel and cathodicallyprotected in the following manner:

material

B) Field-installed cathodic protection systems arcdesigned by a corrosion expcrtl

C) Impressed current systems are designed to allowdetermination of current operating status asr~~-~ui’r-ca in ~cction iii. 13li~c);

D) Cathodic protection systems arc operated andmaintained in accordance with Section 731.131; or

BOARDNOTE: The following codes and standards,incorporated by ~ -..n Cccti~. 731.113, xn..2

2 — — . ton r nn -

UL 1746; ULCanzida Standard CAN4-C603,CAN4-C603.1and CAN4-6631; NACE RP0285 or UL 58.

__, __e— — — ~_ 1

BOARD NOTE: The following industry codes, incorporatedby reference in Section 731.113, may be used to complywith this subsection: UL 1746 or ACT—lOp.

4) The tank i structcd of metal without additi

129—179

Section 731.120

19

a) Tanks. Each tank muse

1)

and any porti~. unaergrounamust be protected from aorrosluzi, in ~ocoraanu~ w-.-

of practice developed by a nationally recognized ~i~oui~utionor indcpcndcnt testing laboratory as specified below:

-- constructed of fiberglass-reinforced

A) The tank is installed at a site that is determinedby a corrosion expert not to be corrosive enoughto cause it to have a release due to corrosionduring its operating life; and

tank.

tore maintain records thatliancc with the requirements of

(a)(4)(A) f~

b) Piping. The piping that routinely contains regulated~~anccs and is in contact with th ‘~

.r—~.—r—~~~J~——~‘~ ..

in accordancewith a code of practice developed by anationally recognized association or independent testinglaboratory as specified below:

The following, -..—J ——

used to comply with this subsection: UL 567; UL CanadaSubject C1O7C; UL Canada Ctandard CAN4-C633.

—I

: in the followingd cathodically

A) The piping is coated with a suitable dielectricmaterial;

B) Field-installed cathodic protection systems arcdesigned by a corrosion expert;

C) anea,---

des4,. to all.....determination of current operating a........usasrequired in Section 731.131(c).

D) Cathodic protection systems are operated andmaintained in accordance with Ccction 731.1~1; or

BOARDNOTE: The following codes and standards,incorporated by reference in Section 731.113, maybe used to comply with this subsection: NFPA 30;API Recommended Practice 1615; API Recommended

m1~

129—180

ed of metal witI~ additional

20

— -~

- a-

43 The pipi..~,4...plastic; or

constructed of fiberglass—reinforcing

— -~ __s_ — —

21

A) The piping isdetermined by a corrosi... expert to not becorrosive enough to cause it to have a release Uucto corrosion during its operating life; and

B) Owners and operators maintain records thatdemonstrate compliance with the requirements ofsubsection (b) (3) (A) for the remaining life of thepiping; or

BOARDNOTE: NFPA 30 and MACE 11P0169, incorporatedby reference in Section 731.113, may be used tocomply with this subsection.

a) Spill ens ovorrii.i. r~revcne1onequipment.

1) Except as provided in subsection (c)(2), to preventspilling and ovcrfilling associated with !~rntiucttransfer to the UCT system, owners ens operators shalluse the following spill and overfill preventionequipment:

A) Spill prevention equipment that will preventrelease of product to the environment when thetransfer hose is detached from the fill pipe (forexample, a spill catchmcnt basin); and

~) Ovcrf iii. ~~revcneion eaui~meneenac wiii:

i) Automatically shut of f flow into the tankwhen the tank is no more than 95 r~r~rccntfull; or

ii) Alert the transfer operator when the tank isno more than 00 percent full by restrictingthe flow into the tank or triggering ahigh-level alarm.

.~) Owners and opcrutors are not required to usc the spilland and overfill prevention equipment specified insubsection (a) (1) if: The UCT system is filled bytransfers of no more than 25 gallons at one time.

d) Installation. All tanks and piping must be properlyinstalled in accordance with a codc of practice developed bya nationally recognized association or independent testinglaboratory and in accordancewith the manufacturer’sinstructions.

BOARD NOTE: Tank end piping system installation practicesand procedures described in the following codes,incorporated by reference in Section 731.113, may be used to

129—181

22

RecommendedPractice 1615; rEI/RP100, or ANSI/ACME B31. 3 andB31.4.

shall cnsurcertificati....., ~

that one or more of the following...nspcOta.ui....~ usca to aemon~tratc

compii~nuc ~ SUbOCUL.ion (d) by providing a certificationof compliance on the UCT notification form in accordancewith Section 731.122.

1) The installer has been certified by the tank and pipingmanufacturers; or

2) The installer has been certified or licensed by theFirc Harshal; or

3) The installation has been inspected and certified by aregistered professional engineer with education andexperience in UCT system installation; or

4). The installation has been inspected and approved by theP re Mn-~~h~i1 or

5) All work listed in the manufacturer’s installationchecklists has been completed.


Section 731.121

a) Alternatives allowed. Not later than December 22, 1908, allexisting UCT systems must comply with one of the followingrequirements:

1) New UCT system performance standards under Cection731.120;

I’rn~’The ...ding .

(a); or

—,

applicable requirLuboart F.

der Subpart C, including~ ~

b) Tank upgrading requirements. Ctcel tanks must be upgradedto meet one of the following requirements in accordancewitha code of practice developed by a nationally recognizedassociation or independent testing laboratory:

1) Interior lining. A tank may be upgraded by internal

129—182

Upgrading of Existing Systems (Repealed)

2) subsections (b) through

lining ifs

A) The lining is installed in accordance with the

requirements of Ceotion 731.133, and

B) Within 10 years after lining, and every 5 yearsthereafter, the lined tank. is internally inspectedand found to be structurally sound with the liningstill ~~~ing in accordance with originaldesign specifications.

1~ _~__, t____

~.1

;~ Of Ccctlon 731.120(a) (2) (B),(C)and (D) and the integrity of the tank is ensured using

of the following methods:one

A) The tank is internally inspected and assessed toennure that the tank is structurally sound andfree of corrosion holes prior to installing thecathodic protection system; or

B) The tank has been installed for less than 10 yearsand is monitored monthly for releases inaccordance with Section 731.143(d) through (h); or

C) The tank has been.4

installed for less th..... 4~O- .....~....

and for .......a.a.............n holes by conductingtwo (2) tightness tests that meet the requirementsof Section 731.143(c). The first tightness testmust be conducted prior to installing the cathodicprotection system. The second tightness test mustbe conducted between three (3) and six (6) monthsfoflrn~ina the fir~t nner~tion of the e~thn~ie

BOARDNOTE: The following codes and standards,incorporated by reference in Section 731.113, maybe used to comply with this Section: API

Recommended Practice 1631; MACERP.0285 and, APIRecommended Practice 16~2.

129—183

23

3)-1 1 I ~ ..I .L_’_ ~ —

upgraded by both internal ~• t.a. .._.. ~ a.

The lining is ~

B) The cathodic protection system meets the‘cauiremento of Cection 731..120(a)(2)(B), (C) and

24

routinelyconta..no rcguiatcu suostances and is in contact with theground must be cathodially protected in accordance with acode of practice developed by a nationally recognizedassociation or independent testing laboratory and must meetthe requirements of Ccction 731.120(h)(2)’(B), (C) and (D).

BOARDNOTE: The codes and standards listed in the notefollowing Section 731.120(b) (2) may be used to comply withthin rernii~rcmcnt.

d) Spill and overfill prevention equipment. To preventspilling and overfilling associated with product transfer tothe .UST system, all existing UCT systems must comply withnew UCT system spill and overfill prevention eguipmen~requirements specified in Section 731.120(c).


Section 731.122 Notification Requirements

a) Any owner who brings an underground storage tank systeminto use after May 8, 1986, shall within 30 days ofbringing such tank into use, submit, in the formprescribed in Appendix A, a notice of existence of suchtank system to the Fire Marshal.

BOARD NOTE: Owners .and operators of UST systems thatwere in the ground on or after May 8, 1986, unlesstaken out of operation on or before January 1, 1974,were required to notify the Fire Marshal in accordancewith RCRA and 40 CFR 280.3 (1987), unless notice wasgiven pursuant to 40 CFR 302.6, incorporated byreference in Section 731.113. Section 4(b)(l) of theGasoline Act (Ill. Rev. Stat. 1987, ch. 127 1/2, par.156(b) (1)) required notification by December 31, 1987,for tanks which held regulated substances after January1, 1974. Owners and operators who have not compliedwith the notification requirements may use portions Ithrough VI of the notific&-ion form contained inAppendix A.

c) Owners required to submit notices under subsection (a)shall provide notices to the Fire Marshal for each tankthey own. Owners may provide notice for several tanksusing one notification form, but owners who own tankslocated at more than one place of operation shall filea separate notification form for each separate place ofoperation.

~) Notices required to be submitted under subsection (a)

129—184

25

must provide all of the information in Sections Ithrough VI of the form for each tank for which noticemust be given. Notices for tanks installed afterDecember 22, 1988, must also provide all of theinformation in Section VII of the prescribed form foreach tank for which notice must be given.

e) All owners and operators of new UST systems shallcertify in the notification form compliance with thefollowing requirements:

1) Installation of tanks and piping under Ccct.~.on731.120(c)

2) Cathodic protection of steel tanks and pipingunder Section 731.120(a) and (b)

3) Financial responsibility under Cubpart H and

4) Release detection under Ceotions iii.j.’~i ~ina

731.142

f) All owners and operators of new UST systems shallensure that the installer certifies in the notificationform that the methods used to install the tanks andpiping complies with the regulatory requirements—4~Section 731.120(d).

g) Beginning October 24, 1988, any person who sells a tankintended to be used as an underground storage tankshall notify the purchaser of such tank of the owner’snotification obligations under subsection (a). Theform provided in Appendix C may be used to comply withthis requirement.


SUBPART C: GENERALOPERATING REQUIREMENTS

Section 731.130 Spill and Overfill Control (Repealed)

a) Owners and operators shall ensure that releases due to~erfilling do no~

operator ehall cnsurc cnat tnc volume available in the tankis greater than the volume of product to be transferred tothe tank before the transfer is made and that the transferoperation is monitored constantly to prevent ovcrfilling andspilling.

BOARDNOTE: The transfer procedures described in NFPA 385,incorporated by reference in Section 731.113, may be used to

129—185

26

comply with this st~bscction. Further guidance on spill andnijerf ill r~,e ntit-rn aoocars in API Recommended Pr~etir~’ i.c~iand NFPA C

—

731. 153.

effective

Operation and Maintenance of CorrosionProtection (Repealed)

ehall comply with the following requirements to cnsurcthat releases due to corrosion arc prevented for as long as theIJCT system is used to store regulated substances:

on protection systems must ~e operated andcontinuously provide corrosion protection to

the metal components of that portion of the tank and pipingthat routinely contain regulated substances and arc incontact with the t1i~ound.

stems equipped with cathodic protection systems~ected f-or proper operation by a qualified

cathodic protection tester in accordance with the following

1) Frequency. All cathodictested within 6 months of

protection systemsinstallation and

must beat least

every 3 years thereafter; and

that arc used to2) Inspection criteria. The criteriai~ietr~rminr~th~t— e-if—hngi4r~ rri—l—~teni-io71 irt ~~erni~ite ~

required by this Cection must be in accordance with acode of practice developed by a nationally recognizedassociation.

BOARD NOTE: MACERP0285, incorporated by reference inSection 731.113, may be used to comply with ~ubs~otion(b) (2).

c) UCT systems with ~

-

bea.. I...

pccted every 60 days to

d) For UST systems using cathodi

the Cath -.

with the

129—186

—I ~ . .——— •

_____s.._.__ 1_____.s_1__s._ .._n .~

(Source: Repealed at 16 Ill. Reg.)

Section 731.131

a) All corrosimaintained t...

b) All UST symust bc ina-

~Fa. .~Ct1Onmu3tbCmaiflta1flcd (1..

27

rrpyjde the followi

1) The results of the last three inspections required insubsection (c); and

2) The results of testing from the last two inspectionsrequired in subsection (b).


Section 731.132 Compatibility (Repealed)

operators shall useerials thatsystem.

—.‘— s I — — -! L I .S_ I_. — — - - — n_ — —

of or linedI

BOARD NOTE: Owners and operators storing alcohol blonds may usethe following codes, incorporated by reference in Section731.113, to comply with the requirements of this Section: APIRecommended Practice 1626 and 1627.


Section 731.133 Repairs Allowed (Repealed)

Owners and operators of UST systems shall ensure that repairs~11 prevent releases due to structural failure or corrn~on

.nr~ Iu:1 system is used to store regulated substances-asThe repairs must meet the following requirements:

——I

— -~ —~-__ _.L I

b) Repairs to fiberglass—reinforced plastic tanks may be madeby the manufacturer’s authori~,ed representatives or inaccordancewith a code of practice developed by a nationallyrecognized association or an indcpcndent testing laboratory.

a) Metal pipe sections and fittings that have released productas a result of corrosion or other damagemust be replaced.Fiberglass pipes and fittings may be repaired in accordancewith the manufacturer’s specifications.

d) Repaired tanks

129—187

accordancewithQ code of practice developed by a nationallyrecognized association or an independent testing laboratory.

BOARDNOTE: The following codes and standards, incorporatedby reference in Section 731.113, may be used to comply withthis subsections NFPA 30, API Publication 2200; and API

28

accordance with Section 731.143(e) and Section 731.144(b)ij~thin ~O dn~ follnLjina th~ date of the comniotion of the

~~.1

laboratory; or

ed in acco4 _nationaiiy

2) Th -i._ e~_ ___~

tcm is monitoredI a.. L - — - J~ — -~

——v.. s——i

a) Within 6 months following the repair of any cathodicallysystem, the cathodic protection systemrdance with Section 731.131(b) and (c) to

.g properiy.


effective

Section 731.134

fully withby the Fire Narsh~

-~ :~5mission, ~ting-i-i [—~

~—

1) Notification for all UCT systems (Section 731.122),which includes certification of installation for newsystems (Section 731.120(e));

Reports of all releases including suspected roleases2)(Section 731.150), spills and ovcrfills (Section731.153), and confirmed releases (Section 731.161);

3) Corrective actions planned or taken including initialabatement measures (Ccction 731.162), initial sitecharacterization (Section 731.163), free productremoval (Section 731.164), investigation of soil andaroundwater cleanup (Ecetion 731..165~ and corrective

129—188

r

‘I

•.~ m~.—F

- I s_i_ — — — a — — I tc jflQpi

~.1

this Section.

f) UCT system owners and opcrators shall maintain r000rd9 of

must be

otratocompi iancc

Reporting and Recordkeeping (Repealed)

owners and operators of UCT systems~: ii~, ~shall ooopera~

inspeuL..Lon~, wuni~uL-j.ny ~nu uonauctca -.

or ~gonoy, as well as requests for UO~U1UCflL ~“

and monitoring by the owner or operator.

a) Reporting. Owners and operators shall submit the followingirifrm~tinn to the Fi~—e P4vrchal or ~aenc~v

29

4) A notification before pc

change-in-service (Section 731.171).

b) Recordkocping. uwnera ana nne~ntors snaii

following informat~....

1) A corrosion emert’~ analysis of sitepotential if corrosion nrotcction cqu(Section 731.120(a) (4) and (b)(3)).

2) Documentation of crnoration oi. corrosion protectionequipment (Section 731.131)

Documentation of UCT system reDa...a....731.133(f));

4, i~cecnc ooinpiiance wi.cn rci.easc ucccction rcguiremc:(Section 731.145); and

5) Results of the site investigation conducted atpermanent closure (Section 731.174).

c) Availability and Maintenance of Records. Owners andoperators shall keep the records required either:

1) At the UCT site and immediately available forinspection by the Fire Marshal or Agency; or

2) At a readily available alternative site and be provided~-er inspection to the Fire Marshal or Agency uponrequest.

BOARD NOTE: In the case of permanentrequired under Section 731.174, owners~vr~ r~1~o ir1r’~ ~i1-h 1-he -rlitirrnril

closure recordsand operators

r~1t i,r~1-1~ieof-

m~..iling closure records to the Fire Marsh~a.l If thC~cannot be kept at the site or an alternative site asindicated above.


SUBPARTD: RELEASE DETECTION

Section 731.140 General Requirements for all Systems(Repealed)

a) Owners and operators of new and existing UST systems shallnrovidc a method, or combination of methods, of releaseactcccion cnat:

1) Can detect a reiease £LUIU any portion of the tank and

129—189

30

2) Is installed, calibrated, operated and maintained inaccordancewith the manufacturer’s instructions,including routine maintenance and service checks foroperability or running condition; and

3) Meets the performance requirements in Sections 731.143or 73~1.144, with any performance claims and theirmanner of determination described in writing by theequipment manufacturer or installer. In addition,methods used after December 22, 1990, except formethods permanently installed prior to that date, mustbe capable of detecting the leak rate or quantityspecified for that method in Section 731.143(b), (c)and (d) or Section 731.144(a) and (b), with aprobability of detection of 0.95 and a probability offalse alarm of 0.05.

b) When a release detection method operated in accordancewiththe performance standards in Ccction 731.143 and 731.144indicates a release may have occurred, owners and operatorsshall notify ESDA in accordance with Subpart E.

c) Owners and operators of UST systems shall comply with therelease detection requirements of this Subpart in accordancewith the following schedule:

1) For all pressurized piping as defined in Section731.141(b) (1), by December 22, 1990.

2) For tmk~ ~ ~neticrn t,iri.inrl in accordance with Section731.141(a), 731.141(b) (2) and 731.142 for tanks:

A) With ~1989.

.._1____.. I..._a.._, , _a..I date, by Dc ~.a. .

Installed before 1965, by ber 22, 1989

C) Installed in 1965 through 1969, by December22,1990.

D) Installed1991.

in 1970 through 1074, by December22,.

E) Installed in 1975 through 1970, by December 22,1992.

~•)

Installed in 1980 throug~

December 22, 1903.

129—190

.. December 22, 1988, by

I- piping that routinely

31

C) Installed after DCupon installation.


dures in Subpartrequired for

Section 731.141 Petroleum Systems (Repealed)

-a

for tanka and piping so follow:provide

a) be monitor~--~ 1

ses using one of the me43(d) through (h) cxccp

y 30 days for

1) UCT systems thQ — - — - — -. — I£~t’..è~è.. ~ S ~J. WL44 £~è~

- -— n — _A_ 2 — — . — .. — . — — N £ t.

inventory control roquiremento in Coction 731.143(a) or(b), may usc tank tightness testing (conducted inaccordance with Section 731.143(e) at least every 5years until December 22, 1098 or until 10 years afterthe tank i ~ i ~tn 1 1 e~ or ur~ed nn~er reef on

-. . . , ...—J ———

inventory controls (conducted in accordance withSection 731.143(a) or (b)) and annual tank tightnesstcsting (conducted in accordance with Sectioni~i.i~oj; until Dec-ember 22, 1998, when the tank mustbe u~aradcd under Coction 731.121 or permanently closed

F

weekly tank gauging (Section 731.143(b)).

less may userdancc with

su~stanocs must be monitored for releases i~. u

manner than meets one of the following requirements:

1) Prossurigod piping. Underground piping that conveysregulated substances under pressure must:

129—19 1

d) Any existing UCT system that cannot apply a method ofrclcasc detection that complies with the rc~uircmcnts of

that i:;i~i~;~

~~~.1

otion (c)-.

effective

nfl III —— — — S. — — — S. 1... — S. fl — — — .5.. — — — S. .5.. L. — — — ——

4-1.. 1

CectL~ 731.171,

b) Piping. Undcrgrcgulat~

32

with Section 731.144(a)

—F

~itori~731.144(e).

I

— -.i ‘.‘

regulated substances under suction must eithor have ~.i

line tightness test conducted’ at least every 3 yearsand in accordancewith Section 731144(b), or use amonthly monitoring method conduct in accordance withSection 731.144(c). No release detection is requiredfor suction piping that is design-ed and constructed tomeet the following standards:

A) The below-grade piping operates at less thanatmospheric pressure;

B) The below-grade piping is sloped so that thecontents of thc pipe will drain back into thestorage tank if the suction is released;

C) Only one check valve is included in each suctionline;

D) The check valve is located directly below and asclose as practical to the suction pump; and

comois provided ~ ~ ~ withSUbOOuLiOflS (b) (2) (B) through (b) (2) (D) to bereadily determined.


Section 731.142

, effective

sq operators ofS. t, - S.

ttfltfl _S._........ ~ ~l

a) Release detection at existing UCT systems must meet therequirements for petroleum UST systems in Section 731.141.By December22, 1990, all oxj~tin~har-------~otcmo must meet the release acteoti~

stems .bscct5~.. ‘

~tU~tUL u%.H.t~uL.Lon u~ new na~ardous su]must meet the following requirements:

1) Second y containment syst

129—192

- - _1 —— -

E)

Hazardous Substance Systems (Repealed)

•~.1

—I

It-.

1...~. fl............ .3_S.__S.1..... S. t.

ircmcnts for new

—I

33

and installed to:

~ ~~stances rdtank system until they arc detected and removed

~~~.1time during the operational

life of the UCT system; and

C) Becli ~ckcd for evidence of30 days.

..S ~

BOARD NOTE! 35 Ill. Adm. Code 725.203 may be usedto comply with these requirements.

2) Double-walled tanks must be designed, constructed andinstalled to:

A) Contain a release from any portion oftank within the outer wall; and

the inner

B) Detect the failure of the inner wall.

T1fT 1J~~includi..~ ~tu1ts)and installed to:

A) Contain 100 percent of the capacity of the largesttank within its boundary;

B) Prevent the intcrfcrcnce of precipitation ofgroundwater intrusion with the ability to containor detect a release of regulated substances; and

C) Surround the tank completely (i.e., it is capableof prcvcnting latcralas well as vertical

UU.ILUIIUUOLII.. L.LIUL. ~UL.LULiC~ ~.I1C UiUIUIILL. U.L

subsection (b)(1) (e.g., trench liners, jaoketing ofdouble-walled pipe). In addition, underground piping

substances ~ ~cssure mustI -

a. ,..~ ~....ated — — ~be equipped with an automatic line leak detut..u.u in.- conv-’”~ ~-.--‘—“~


effective

Section 731.143 Tanks (Repealed)

Each S.~3 -~

requ ir

.5..

731.141 must be conducted

129—193

~) Fvterri~1 lini-’i-r* must be designed,

4+Tn. Lcrground be equipped with secondary

t —,

34

with the following:

a) Inventory controi. Product inventory control (or anothertest of equivalent performance) must be conducted monthly todetect a relcase of at least 1.0 percent of flow-throughplus 130 gallons on a monthly basis in the following manner:

1) Inventory volume measurementsfor regulated substanceinputs, withdrawals and the amount still remaining inthe tank arc recorded each operating day;

2) The equipment used is capable of measuring the level ofproduct over the full range of the tank’s height to thenearest one-eighth of an inch;

3) The regulated substance inputs are reconciled withdelivery receipts by mcasurcment of the tank inventoryvolume before and after delivery;

4) Deliveries arc made through a drop tube that extends towithin one foot of the tajik bottom;

5) Product dispensing is metered and recorded within anaccuracy of 6 cubic inches for every 5 gallons ofproduct withdrawn; ar’ii

BOARD NOTE: Metering of petroleum products isregulated by the Illinois Department of Agriculturepursuant to Sections 8 and 43 of the Wcights andStandards Act (Ill. Rev. Stat. 1087, oh. 147 pars. 108and 143) and 8 Ill.’ Adm. Code 600.120 and 600.650 Ctseq. In that these regulations do not specify theaccuracy of metering, owners or operators need toobtain an independent certification of meter accuracyprior to using this Section.

6) The measurement of any water level in the bottom of thetank is made to the nearest one—eighth of an inch atleast once a month.

BOARD NOTE: Practices described in the API RecommendedPractice 1621, incorporated by reference in Section731.113, may be used, where applicable, as guidance inmeeting the requirements of this subsection.

b) Manual tank gauging. Manual tank gauging must meet thefollowing requirements:

1) ~ liquid level measurements arc taken at the- ~ ~ ~f ~I.a .S.

liquid - -

L~ey.LI1ILLflg ~-JE1(-I

during ~..rn1r~n

f~1111 I

tank

I] fl[~ U I fill UI U ii 1 I E ~1 4 11. 1 Uk flfl 11T !~

• -— aaaca removed from the

129—194

35

- based —. -

-- - - - beginning

3) The equipment used is capable of mcasuring the level ofproduct over the full range of thenearest one-eighth of an inch;

tank’s height to the

4) A leak is suspected and subject to the requirements ofSubpart E if the variation between beginning and endingmeasurements exceeds the weekly or monthly standards in

1the following tab~....

Weekly Monthly StandardNominal Tank Standard (Average ofCapacity (One Test) Four Tests)-(Callons) (Callons) (Callons)

550 or less 105551 to 1000 1371001 to 2000 2613

5) Only tanks of 550 gallons or less nominal capacity mayuse this as the sole method of rd case detection.Tanks of 551 to 2,000 gallons may usc the method inplace of manual inventory control in Section731.143(a). Tanks of greater than 2,000 gallonsnominal capacity must not use this method to meet therequirements of this Subpart.

c) Tank tightness testing. Tank tightness testing (or anothertest of equivalent performance) must be capable of detectinga 0.1 gallon per hour leak rate from any portion of the tankthat routinely contains product while accounting for theeffects of thermal expansion or contraction of the product,vapor pockets, tank deformation, evaporation or condensationand the location of the water table.

d) Automatic tank gauging. Equipment for automatic tankgauging ~ ~u ~or t.iir. io~u oi. pLUUUUL ~.tnu OOfldUCt~inventory control must meet the following requirements:

t level monitor test can detect aany porS.~~

2) Inventoryperforman~,

other test of equivalentI — — ee~ — — — — — - I S.1... S. —

Vapor monitoring. m — — S. I

129—195

itoring for. .~_

—F

ending of the period

-- --

.1

36

a. ...fl~ . .a.

1) The materials used as backfill arc sufficiently porous(e.g., gravel, sand, crushed rock) to readily allowdiffusion of vapors from releases into the excavationarea;

2) The stored regulated substance, or a tracer compoundplaced in the tank system, is sufficiently volatile(e.g.’, gasoline) to result in a vapor level that isdetectable by the monitoring devices located in theexcavation zone in the event of a release from thetank;

3) The measurement of vapors by the monitoring device isnot rcndcrcd inoperative by the groundwater, rainfallor soil moisture or other known interferences so that arelease oould go undetected for more than 30 days;

4) The level of iackground contamination in the excavationzone will not interfere with the method used to detectreleases from the tank;

system

~:3 4~

ensuro complianec vith oub3ection (C) (1) through (c) (4)and to establish the number and positioning ofmonitoring wells that will detect releases within theexcavation zone from any portion of the tank thatroutinely ~-.—~--

—--a --

and t

f) Croundwater monitoring. Testing or monitoring for liquidson the groundwater must meet the following, requirements:

1) The regulated substanue storcd is immiscible in wat~a.ipecific gravity of less than oncj

2) Croundwatcr is never more than 20 foot from the groundsurface and the hydraulic conductivity of the soilsbetween the UCT system and the monitoring wells orrieviee~ i~ not ie~t than O.fl1 emI~-~e~ (r..rf 1-br’ ~ni1must consist of gravels, coaractoncdiuinsands, coarse

silts or other permeable materials)

129—196

5) vanor ~ aneci- ~ ~a.._ desi~, and ~~a.~cd to detectany significant increase in concentration abovebackground of the regulated substance stored in thetank system, a component or components of thatsubstance, or a tracer compound placed in the tank

+

a __

37

3) The slotted portion of the monitoring well casing mustbe designed to prevent migration of natural soils orfilter pack into the well and to allow entry ofregulated substance on the water table into the wellunder both high and low groundwater conditions;

4) Monitoring wells must be scaled from the ground surfaceto the top of the filter pack;

5) Monitoring wells or devices intercept the excavation~onc or arc as close to it as is technicaily feasible;

6) The continuous monitoring devices or manual methodsused can detect the presence of at least one—eighth ofan inch of free product on top of the groundwater inthe monitoring wells;

7) mme-t-~ and i ‘4-~ly below the UCT ~zone, the site is assessed to ensure compliance withthe requirements in subsection (f) (1) through (f) (5)and to establish the number and positioning ofmonitoring wells or devices that will detect releasesfrom any portion of the tank that routinely containsproduct; and

~stem excav~’

8) Monitoring wells a:avoid unauthorized

2) For UCT syexcavation ~

with a secondary barrier within theS.t- lingor ucc~

~2

g) Interstitial monitoring. Interstitial monitoring betweenthe UCT system and a secondary barrier immediately around orbeneath it maybe used, but only if the system is designed,constructed and installed to detect a leak from any portionof the tank that routinely contains product and also meetsone of the following requirements:

1) For double-walled UCT systems, the sampling or testing’method can detect a release through the inner wall inany portion of the tank that routinely containsproduct;

BOARDNOTE: The provisions outlined in CTI, “Ctandardfor Dual Wall Underground Storage Tank”, incorporatedby reference in Section 731.113, may be used asguidance for aspects of the design and construction ofund~raroiind steel ~onhle—on1led t~n1cs

c~Ln U(..LCUL U ~CLCU~C UCLWCCfl ~L1C

secondary barrier;IJ~.L ~yLIJ~.CW U[IU ~.jl(.

A) The secondary barrier around or beneath the UST

129—197

38

system consists of artificially constructedmritori~l that i~ gmffieic~n1-lv thir’li r~nri

fli~i~ six) for the a. .latcddirect a release to the monitoring ~ UZ1U

permit its detection;

B) The barrier is oompatiblc with the regulatedsubstance stored so that a release from the UCTsystem will not cause a deterioration of thebarrier allowing a rclcaøe to pass throughundetected:

C) For cathodically protected tanks, the secondarybarrier must be installed so that it does notinterfere with the proper operation of thecathodic protection system;

The groundwater, soil moisture or rainfall willD). not render the testing or sampling method used

inoperative so that a release could go undetectedfor more than 30 days;

E) The site is us~cusc i-in ensirre nr~ 5CçpflS.n..at t~ 4 .1

~arricr is always above the groundwater and not ina 25-year flood plain, unless the barrier andmonitoring designs are for use under suchconditions; and,

F) Monitoring wells arc clearly marked and secured toavoid unauthorized access and tampering.

3) For tanks with an internally fitted liner, an automateddevice can detect a release between the inner wall ofthe tank and the liner, and the liner is compatiblewith the substance stored.

h) methods. Any othcr type of release detection method,or ~

-, reloaooofi5Ogaiionowithinarnonthwithaprobability of detection of 0.95 and a probability offalse alarm of 0.05: or

2) The Fire Marshal shall approve by permit conditionanother method if the owner and operator domonstr-4--’-’S.I~S. the ~hod 4eS._S.~ce’~ a rcicusc as effe ctivciy ~any OL ~cnc mccnoas ai.iowcd in subsection (c) through(h). In comparing methods, the Fire Marshal shallconsider the size of release that the method can detectand the frequency and reliability with which it can be

129—198

I_f 1._I I_ r~ n

impermeable (at most 0.000001 cm/sec (ten to thesubstance atored) to

39

detected. If the method is approved, the owner andoperator shall comply with any conditions imposed bythe Fire Marshal on its use to ensure the protection ofhuman health and the environment.


129—199

40

Section 731.144 Piping (Repealed)

Eaeh method of release detection for piping used to meet therequirements of Section 731.141 must be conducted in accordancewith the following.

a) Automatic line leak detectors. A method which alerts theoperator to the presence of a leak by restricting orshutting off the flow of regulated substances through pipingor ‘triggering an audible or visual alarm may be. used only ifit detects leaks of 3 gallons per hour at 10 pounds persquare inch line pressure within 1 hour. An annual test ofthe oneration of the leak detector must be conducted inaccordance wicn cne manutaoturcr~s rem~i~emcnts.

b) Line tightness testing. A periodic test of piping may beconducted only if it can detect a 0.1 gallon per hour leakra~c UL one and one—half times tnt operating pressure.

c) Applicable tank methods. Any of the methods in Section731.143(c) through (h) may be used if they are designed todetect a release from any portion of the underground pipingthat routinely contains regulated substances.


Section 731.145 Recordkeeping (Repealed)

All UCT system owners and operators shall nrnlrILuin records inaccordancewith Section 731.134 demonstrating compliance with allapplicable requirements of this Subpart. These records mustinclude the following:

a) All written performance claims pertaining to any releasedetection system used, and the manner in which these claimshave been justified or tested by the equipment manufactureror installer, must be maintained for 5 years;

b) The results of any sampling, testing or monitoring must bemaintained for at least 1 year, except that the results oftank tightness testing conducted in accordance with Section731.143(c) must be retained until the next test isconducted; and

a) Written dooumontation of all calibration, maintenance andrepair of release detection eguiDmcnt permanently locatedon-site must be maintained for at least one year after theservicing work is completed. Any schedules of requiredcalibration and maintenance provided bydetection equipment manufacturer must be

there

releasetamed for 5

129—200

J

41

~ ~ A-..e.~.. .-..C 4..~..4-...11...4-.


effective

SUBPARTE: RELEASE REPORTING,INVESTIGATION AND CONFIRMATION

Section 731.150 Reporting of SuspectedReleases (Repealed)

operators of UST systems shall report to the ECD.Awithin 24 hours and follow the procedures in Section 731.152 forany of the following conditions:

a) The discovery by owners and operators or others of releasedregulated substances at the UST site or in the surroundingarea (such as the presence of free product or vapors insoils, basements, sewer and utility lines or nearby surfacewater).

b) Usual operating conditions observed by owners and operators(such as the erratic behavior of product dispensingequipment, the sudden loss of product from the UCT system oran unexplained preoence.of water in the tank), unless systeitequipment is found to be defective but not leaking, and isimmediately repaired or replaced; and,

c) Monitoring results from a release detection method requiredunder Section 731.141 and Section 731.142 that indicate arelease may have occurred unless:

1) The monitoring deviôc is found to be defective, and isimmediately repaired, recalibrated or replaced, andadditional monitoring does not confirm the initialresult; or

2) _.~. I........_..........S. — — — S. —,

—--“a—~3 _~S.t ....r


Section 731.151(Repealed)

equired by the Fir~ 1 ~..

-I —

Investigation due to Off-site Impacts

— — __~a ~.___S.

dures in Section 731.152 todetermine if the UCT system is the Gource of ott-site impacts.These impacts include the discovery of regulated substances (suchas the presence of free product or vapors in soils, basements,sewer and utility lines or nearby surface and drinking waters)that has been observed by the Fire Marshal or brought to its

129—201

42

attention by another person. The Fire Marshal shall require suchan investigation by way of a letter or an oral order followed bya written confirmation.


Section 731.152 Release Investigation and Confirmation(Repealed)

Unless corrective action is initiated in accordance with SubpartF, owners and operators shall immediately investigate and confirmall suspected releases of regulated substances requiringreporting under Section 731.150 within 7 days, using thefollowing steps:

a) System test. Owners and operators shall conduct tests(according to the requirements for tightness testing inSection 731.143(c) and Ceotion 731.144(b)) that determinewnctner a leak exists in that nortion of the tank thatroutinely ~woauct, °~- the attached delivery piping,or both.

epair, repiaco or~ .~..

2) Furtherresults

investigfor the

ation is notsystem, tank

required if the testand delivery piping do not

indicate that acontamination is

leaknot

cxi~ts and if environmentalthe basis for suspecting a

release.

3) Owners anddescribed in subsection (b) if the test results for thesystem, tank and delivery piping do not indicate that aleak exists but environmental contamination is thebasis for suspecting a release.

for the_____ _S.

.4 t #._

I

—

.a ~.w, .n~rrn.

exists.

accordance with CubpartF if thetcotrocultofor theCL’ delivery piping indicate.that a leak

b) Site-.a. ---‘. —

Owners and operators shall~-~-‘ --~ — ro1(.~u~ewnere uUflL..un.L.lULiurl iLl fflfJL4L.. I Ilti -~

~c present at the UCT site. In selecting sample typos,sample locations and measurementmethods, owners andoperators shall consider the nature of the stored substance,the typo of initial alarm or cause for suspicion, the typeof backfill, the depth of groundwater and other factorsappropriate for identifying the presence and source of therelease.

1) If the test results for the excavation zone or the UCT

129—202

site indicate that a release has occoperators shall begin corrective action ~.n a000raanccwith Siihr~.,rt F;

2) If the test results for the excavation zone orsite do not indicate that - ~easc occurredfurther invcstiantion is not

, effective

Reporting and Cleanup of Spills and Overf ills

(Repealed)

84

r.Lre nUrsnu.L WiLIlifl a.~i nOurs, anu ucyin corree~..ive auLion inaccordance with Subpart F in the following cases:

1) Spill or overfill of petroleum that results in arelease to the environment that exceeds 25 gallons, orthat causes a sheen on nearby surface water; and

2) Spill or overfill of a hazardous substance that resultsin a release to the environment that equals or exceedsits reportable quantity under 40 CFR 302.4 and 302.5,incorporated by reference in Section 731.113.

crators of UT syotcmo 31a.l contain andiIUIUcaJ.ULCJ.y CICUn U~ U ~piii OE UVCL’.Liii UI peL.L’u.LCUIU thatis less than 25 gallons, and a spill or overfill of ahazardous substance that is less than the reportablequantity. If cleanup cannot be accomplished within 24hours, owners and operators shall immediately notify ESDA.

L

BOARD NOTE: Under 40 CFR 302.6 and 355.40, incorporated byreference in Section 731.113, a release of a hazardoussubstance equal to or in excess of its reportable quantitymust also be reported immediately (rather than within 24hours) to the National flesponse Center (800/424-8802). Ini~ddition.. 35 Iii. Adm. Code 750..4l0 requires notification ofthcE~DA (800/782—7860).


SUBPARTF: RELEASE RESPONSEANDCORRECTIVEACTION

Section 731.160 General

Owners and operators of petroleum or hazardous substance UST

129—203

43

a.~~g


Section 731.153

hasrequired.

TTC’m

Owners and operators of UCT syimmediately clean up a epill o

:emc shall contain andoverfill and report to the

44

systems must, in response to a confirmed release from the USTsystem, comply with the requirements of this Subpart except forUSTs excluded under Section 731.110(b) and UST’ systems subject toRCRA corrective action requirements under 35 Ill. Adm. Code724.200, 724.296, 725.296 or 725.Subpart G.


Section’731.161 Initial Response

Upon confirmation of a release in accordance with Section 731.152or after a release from the UST system is identified in any othermanner, owners and operators shall perform the following initialresponse actions within 24 hours of a release:

a) Report the release to ~he ESDA (e.g., by telephone orelectronic mail);

b) Take immediate action to prevent any further release ofthe regulated substance into the environment; and

C) Identify and mitigate fire, explosion and vaporhazards.


Section 731.162 Initial Abatement Measures and Site Check

a) Owners and operators shall perform the followingabatement measures:

1) Remove as much of the regulated substance from theUST system as is necessary to prevent furtherrelease to the environment;

2) Visually inspect any aboveground releases orexposed belowground releases and prevent furthermigration of the released substance intosurrounding soils and groundwater;

3) Continue to monitor and mitigate any additionalfire and safety hazards posed by vapors or freeproduct that have migrated from the UST excavationzone and entered into substance structures (suchas sewers or basements);

4) Remedy hazards posed by contaminated soils thatare excavated or exposed as a result of releaseconfirmation, site investigation, abatement or

129—204

45

corrective action activities. If these remediesinclude treatment or disposal of soils, the ownerand operator shall comply with 35 Ill. Adm. Code722, 724, 725, 807 and 809.

5) Measure for the presence of a release wherecontamination is most likely to be present at theUST site, unless the presence and source of therelease have been confirmed in accordance with thesite check required by Section 731.152(b) or theclosure site assessment of Cection 731.172(a). Inselecting sample types, sample locations andmeasurement methods, the owner and operator shallconsider the nature of the stored substance, thetype of backfill, depth to groundwater and otherfactors as appropriate for identifying thepresence and source of the release; and

6) Investigate to determine the possible presence offree product, and begin free product removal assoon as practicable and in accordance with Section731.164.

b) Within 20 days after release confirmation, owners andoperators shall submit a report to the Agency,summarizing the initial abatement steps taken undersubsection (a) and any resulting information or data.


Section 731.163 Initial Site Characterization

a) Owners and operators shall assemble information aboutthe site and the nature of the release, includinginformation gained while confirming the release orcompleting the initial abatement measures in Section731.160 and Section 731.161. This information mustinclude, but is not necessarily limited to thefollowing:

1) Data on the nature and estimated quantity ofrelease;

2) Data from available sources or site investigationsconcerning the following factors: surroundingpopulations, water quality, use and approximatelocations of wells potentially affected by therelease, subsurface soil conditions, locations ofsubsurface sewers, climatological conditions andland use;

129—205

46

3) Results of the site check required under Section731.162(a)(5); and

4) Results of the free product investigationsrequired under Section 731.162(a) (6), to be usedby owners and operators to determine whether freeproduct must be recovered under Section 731.164.

b) Within 45 days after confirmation of the release,owners and operators shall submit the informationcollected in compliance with subsection (a) to theAgency, in a manner that demonstrates its applicabilityand technical adequacy.


Section 7.31.164 Free Product Removal

At sites where investigations under Section 731.162(a) (6)indicate the presence of free product, owners and operators shallremove-free product to the maximum •extent practicable, whilecontinuing, as necessary, any actions initiated under Section731.161 through Section 731.163, or preparing for actionsrequired under Section 731.165 through Seôtion 731.166. Inmeeting the requirements of this Section, owners and operatorsmust:

a) Conduct free product removal in a manner that minimizesthe spread of contamination into previouslyuncontaminated zones by using recovery and disposaltechniques appropriate to the hydrogeologic conditionsat the site, and that properly treats, discharges ordisposes of recovery byproducts in compliance withapplicable local, state and federal regulations;

b) Use abatement of free product migration as a minimumobjective for the design of the free product removalsystem;

C) Handle any flammable products in a safe and competentmanner to prevent fires or explosions; and

d) Prepare and submit to the Agency, within 45 days afterconfirming a release, a free product removal reportthat provides at least the following information:

1) The name of the persons responsible forimplementing the free product removal measures;

2) The estimated quantity, type and thickness of freeproduct observed or measured in wells, boreholes

129—206

47

and excavation;

3) The type of free product recovery system used;

4) Whether any discharge will take place on—site oroff—site during the recovery operation and wherethis discharge will be located;

5) The type of treatment applied to, and the effluentquality expected from, any discharge;

6) The steps that have been or are being taken to

obtain necessary permits for any discharge; and

7) The disposition of the recovered free product.


Section 731.165 Investigations for Soil and GroundwaterCleanup

a) In order to determine the full extent and location ofsoils contaminated by the release, and the presence andconcentrations of dissolved product contamination inthe groundwater, owners and operators shall conductinvestigations of the release, the release site, andthe surrounding area possibly affected by the releaseif any of the following conditions exist:

1) There is evidence that groundwater wells have beenaffected by the release (e.g., as found duringrelease confirmation or previous corrective actionmeasures);

2) Free product is found to need recovery incompliance with Section 731.164;

3) There is evidence that contaminated soils may bein contact with groundwater (e.g., as found duringconduct of the initial response measures orinvestigations required under Section 731.160through Section 731.164);’ and

4) The Agency requests an investigation, basedon thepotential effects of contaminated soil orgroundwater on nearby surface water andgroundwater resources.

b) Owners and operators shall submit the informationcollected under subsection (a) as soon as practicableor in accordance with a schedule established by the

129—207

48

Agency.


section 731.166 Corrective Action Plan

a) At any point after reviewing the information submittedin compliance with Section 731.161 through Section73l.i~63, the Agency may require owners and operators tosubmit additional information or to develop and submita corrective action plan for responding to contaminatedsoils and groundwater. If a plan is required, ownersand operators shall submit the plan according to aschedule and format established by the Agency.Alternatively, owners and operators may, afterfulfilling the requirements of Section 731.161 throughSection 731.163, choose to submit a corrective actionplan for responding to contaminated soil andgroundwater.

b) The Agency shall approve the corrective action planonly after ensuring that implementation of the planwill adequately protect human health, safety and theenvironment. In making this determination, the Agencyshall consider the following factors as appropriate:

1) The physical and chemical characteristics of theregulated substance, including its toxicity,persistence and potential for migration;

2) The hydrogeologic characteristics of the facilityand the surrounding. area;

3) The proximity quality and current and future usesof nearby surface water and groundwater;

4) The potential effects of residual contamination onnearby surface water and groundwater;

5) An exposure assessment; and

6) Any information assembled in compliance with this

Subpart.

c) Upon approval of the corrective action plan or asdirected by the Agency, owners and operator3 shallimplement the plan, including modifications to the planmade by the Agency. They shall monitor, evaluate andreport the results of implementing the plan inaccordance with a schedule and in a format establishedby the Agency.

129—208

49

d) Owners and operators may, in the interest of minimizingenvironmental contamination and promoting moreeffective cleanup, begin cleanup of soil andgroundwater before the corrective action plan isapproved provided that they:

1) Notify the Agency of their intention to beingcleanup;

2) Comply with any conditions imposed by the Agency,including halting cleanup or mitigating adverseconsequences from cleanup activities; and

3) Incorporate these self—initiated cleanup measuresin the corrective action plan that is submitted tothe Agency.


Section 731.167 Public Participation

a) For each confirmed release that requires a~correctiveaction plan, the Agency shall provide notice to thepublic by means designed to reach those members of thepublic directly affected by the release and the plannedcorrective action. This notice must include, but isnot limited to, public notice in local newspapers,block advertisements, public service announcements,publication in the Illinois Register, letters toindividual household or personal contacts by fieldstaff.

b) The Agency shall ensure that site release informationand decisions concerning the corrective action plan aremade available to the public for inspection uponrequest.

C) Before approving a corrective action plan, the Agencyshall hold a public meeting to consider comments on theproposed corrective action plan if there is sufficientpublic interest, or for any other reasons.

d) The Agency shall give public notice that complies withsubsection (a) if implementation of an approvedcorrective action plan does riot achieve the establishedcleanup levels in the plan and termination of that planis under consideration by the Agency.


12 9—209

5.0

SUBPARTC: OUT-OF-SERVICE SYSTEMSAND CLOSURE

Section 731.170 Temporary Closure (Repealed)

and.,..~ 4—I.

ice of~ ~ and

b) When an UCT system is temporarily closed for 3 months ormore, owners and operators shall also complyfollowing requirements i

with the

1) Leave vent lines open and functioning, and

2) Cap and secure all other lingo, pumps,ancillary equipment.

manways and

, effective

Permanent Closure and Changes—in—service(Repealed)

a) At least 30 days before beginning either permanent closureor a change—in-service under subsections (b) or (c), ownersand operators shall notify the Fire Marshal of their intentto permanently close or make the change-in-service, unlesssuch action is in response to corrective action. Therequired assessment of the excavation zone under Section731.172 mu~t ~ ~m~d after notifying the Fire Mnr~hn1hiil— hr’fi—~rr’ —rimr - rir -i- n,’ nr’rm—nr’n— closurr’ r~r r~

~‘ perf~_.~.~letior.

change—in-service.

129—210

T.I’L.. —

;;~i~protcction in aocoraanoc ~cotionany release detection in accordance with Subpart D.Subparts E and F must be complied with if a release isou6pectcd or confirmed. However, ‘release detection is notrequired as long as the UCT system is empty. The UCT systemis empty when all materials have been removed using commonlyemployed practices 30 that no more than 2.5 centimeters (oneinch) of residue, or 0.3 percent by weight of the totalcapacity of the UCT system, remain in the system.

c) ~“stem is temporarily closcdUST for .~a... ~ -~

months, owners and operators ~iUUii pcliuUnently close the USTsystem if it does not meet either performance standards inSection 731.120 for new UCT systems or the upgradingrequirements in Section 731.121, except that the spill andoverfill equipment requirements do not have to be met.Owners and operators shall permanently close the substandardUST systems at the end of this 12-month period in accordancewith Section 731.171 throuah Section 731.174.


Section 731.171

51

b) To permanently close a tank, owners and operators shallempty and clean it by removing all liquids and accumulatedsludges. All tanks taken out of service permanently mustalso be either removed from the ground or filled it with aninert onliri motrriril

,—hon~’ie—4n—nertrir!e rnr’r~ on~i r t-l~- ~ &~‘‘

clean the by - ....~ ~ ...~ll liquid andand conduct a731. 172.

-‘a’’ cmt

BOARD NOTEi The following cleaning and closure procedures,incorporated by reference in Section 731.113, may be used tocomply with this Section: API Recommended Practice 1604;API Publication 2015; API Recommended Practice 1631. NIOCHPublication Ho. 80-106 may be used as guidance forconducting safe closure pr ocodurce at some hazardoussubstance~t

closure or a change-in-service isi and operators shall measure for, the

-~ ~ ~$~ely ~4-ypcc,

-*~

~ere and operators shalldance with Subpart F.

When directed by the Fire Marshal, the

12 9—211

and operator of an

c) Continued use of an UCT system to store a non-regulatedsubstance is considered a change—in-service. Before a

‘—~ assessment.~ accoreanocwitn UCct.iuii

U rn

accuinu ~. ~ -. -. ~


, effective

Section 731.172 Assessing Site at Closure orChange-in-Service (Repealed)

a) Before per~completed,prcucnuc of a rclcuoc wncrc contamination i ~ 111fV~1T I 1

he present at the TJCT site. In selecting sam~i~sample locations and measurement methods, owners andoperators shall consider the method of closure, the natureof the stored substance, the type of backfill, the depth togroundwater and other factors appropriate for identifyingthe presence of a release. The requirements of this Cectionare satisfied if one of the external release detectionmethods allowed in Section 731.143(e) arid (f) is operatingin accordance with the requirements in Section 731.143 atthe time of closure, and indicates no release has occurred.

— S. —b) If contaminated soils, contaproduct as a liquid or vapor(a), or by any other manner,begin correotivo action in a


Section 731.173

:1 —

, effective

Previously Closed Systems (Repealed)

52

_.._,__ _,___s 1,,_a,____

g3Qe33thc excavation zonc and aio;c ~ s~e~ 1~’a~ancewith this Subpart if releases from the UCT may, in the judgmentof the Fire Marshal, pose a current or potential threat to humanhealth or the environment.


Section 731.174 Closure Records (Repealed)

Owners and operators shall maintain records in accordance withSection 731.134 that are capable of demonstrating compliance withclosure requirements under this Subpart. The results of theexcavation zone assessment required in Cectin 731.172 must bemaintained for at least 3 years after completion of permanentclosure or change-in-service in one of the following ways:

a) By the owners and operators who took the UST system out ofservice;

b) By the current owners and operators of the liST system site;e~

c) By mailing these records to the Fire’ Marshal if they cannotbe maintained at the closed facility.


SUBPARTH: FINANCIAL RESPONSIBILITY

Section 731.190 Applicability (Repealed)

a) This Subpart applies to owners and operators of allpetroleum UCT systems except as otherwise provided in thisCection.

b) Owners and operators of petroleum UCT systems are subject tothese requirements if they are arc in operation on or afterthe date for compliance established in Section 731.191.

c) State and federal government entities whose debts andliabilities arc the debts and liabilities of the State ofthe United States arc exempt from’ the requirements of thisSubpart.

d) The requirements of this Cubpart’do not apply to owners andoperators of any UCT system described in Section 731.110(b)or (c).

e) If the owner and operator of a petroleum underground storage

129—212

53

tank are separate persons, only one person is required todemonstrate financial responsibility; however, both partiesare liable in event of noncompliance. Regardless of whichparty complies, the date set for compliance at a particularfacility is determined by the characteristics of the owneras set forth in Ccotion 731.191.


Section 731.191 Compliance Dates (Repealed)

~1y withh;~.dates:comt

a) All petroleum marketing firms owning 1,000 or more USTsand all other UST owners that report a tangible networth of ~20 million or more to the U.S. Securities andExchange Commission (SEC), Dun and Bradotrect, theEnergy Information Administration or the RuralElectrification Administrationg January 24, 1989,except that compliance with Section 730.194(b) isrequired byz July 24, 1989.

b) All petroleum marketing firms owning 100 through 999UCTs~ October 26, 1989.

a) All petroleum marketing firms owning 13 through 99 UCTsat more than one facility: April 26, 1991.

d) All petroleum liST owners not described in subsections(a)., (b) or (c), excluding units of local government:October ~, 1~’~1

e) fl_sty #s.~.p~_sn —‘ IT #-s— 5—All units of ~ ~ ~ after the dateof adoption by the Board of additional mechanisms foruse by units of local anvcrnmcnt to crnair~1v tzith~c4 ~ -.‘~


Section 731.192 Definitions (Repealed)

When used in this Subpart, the following terms h~vc the meaningsgiven belowi

‘~Accidcntal release” means any,_s 1 c,. .. A

sudden4— -s -.

or nonsuddcn release ofI”— L.a. Sd S Sd ~a. a. a. ~.. .‘aSda. a. Sd 5*4 45* Sds_Sda.~.~s.. tank that a. s_ lts infor oorrcu~ve action or compcn~it.iun for bodily injury or

129—214

~ed

, effective

Owners nf -~1r~imundergroundcauiraments of

storage tanksthis Subpart

arc required toby the following

USTs.ibility

effective

property damageneither expected nor intended by the tank owneror operator.

“Bodily injury” means bodily injury, sickness or disease

sustained by a person, including death resulting from any ofthese at any time. However, this term does not include thoseliabilities which, consistent with standard insurance industrypractices, arc excluded from coverage in liability insurancepolicies for bodily injury.

BOARDNOTEi Derived from 40 CFR 280.92, as adopted at 53 Fed.Reg. 43370, October 26, 1983, modified to insert the InsuranceCervices Office definition.

“Controlling interest” means direct ownership of at least 50percent of the voting stock of another entity.

“Director of the Implementing Agency”. See E~eation 731.114.

“Environmental damage” means the injurious presence in or uponland, the atmosphere or any watercourse or body of water ofsolid, liquid, gaseous or thermal contaminants, irritants orpollutants.

BOARD .. This te~ -is ..~ in the dcfinitia~ of “polluti...

incident”.

— I

The latest consecutive twelve—month period for which any ofthe following reports used to support a financial test isprepared:

A 10-K report submitted to the Securities ExchangeCommission

An annual report of tangible net worthand Bradstreet; or

2.5I~

— —--— —--—--

~ A... 4 4 4- ... ..4- 4 _s~. 4-I.. 1-i. — 1 ~‘ 1 .-.4-. 4 c 4 4

Administration.

I

.1

J’—--... ~r-5

-—

II,, ,..,_,..I i_.~ S.Ii .2

---—A

_._i

- .L ~L

.. sur~nreclaims or actions brought,

Sd’W SS’Sda. ‘aa. - SdtdSda. t.* ..Sda.

in defending against

—J ———.. --

recover the of corrective

129—214

S. -

54

—r-—— ——--a A

55

By or onproperty

behalfdamage

of a thirdcaused by

party for bodily injury oran accidental release; or

By any person to enforce the terms of a financial assurancemechanism.

“Occurrence” meansan accident, including continuous or repeatedexposure to conditions, which results in a release from anunderground storage tank.

BOARDNOTE: This dcfinition is intended to assist in theunderstanding of thesc regulations and is not intended either tolimit the meaning of “occurrence” in a way that conflicts withstandard insurance usage or to prevent the use of other standardinsurance terms in place of “occurrence”.

“Owner or operator”, when the owner or operator are separatepersons, refers to the person that is obtaining or has obtainedfinancial assurance.

“Petroleum marketing facilities” include all facilities at whichpetroleum is produced or refined and all facilities from whichpetroleum is sold or transferred to other petroleum marketers orto the public.

“Petroleum marketing firms” arc all firms owning petroleummarketing facilities. Firms owning other types of facilitieswith liSTs as well aci petroleum marketing facilities arecOflf* i drrr~d to hr netrnl rum morlcrting f i ~—m~-

“Pollution incident” means emission, discharge, release or escapeof pollutants into or upon land, the atmosphere or anywatercourse or body of water, provided that such emission,discharge, release or escape results in “environmental damage”.The entirety of any such emission, discharge, release or escapeshall be deemed to be one “pollution incident”. “Pollutants”means any solid, liquid, gaseous or thermal irritant orcontaminant, including smoko, vapor, soot, fumes, acids, alkalis,chemicals and waste. “Waste” includes materials to be recycled,reconditioned or reclaimed. The term “pollution incident11includes an “accidental release” or an “occurrence”.

BOARDNOTEz This definition is used in the definition of£~.L ~

•-“-t-~r damage” means

Physical injury to, uc~rucciOfl of or contaminatitangible property, including au rcsui’~ung uoss othat property; ‘or

tnac is not nhvsically

129—215

L 4

taminatcd, but has been evacuated,dercd inaccessible because of a

“Cubstantial business relationship” means that one businessentity has an ownership onterecit in another.

56

waSda.5*a. ‘anat a. a. SdW ~ Sda.

“nol lufion jfl~j~~flf~I_

This term does not include those liabilities which, consistentwith standard insurance industry practices, are excluded fromcoverage in liability insurance policies for property damage.However, such exclusions for property damage do not includecorrective action associated with releases from tanks which arccovered by the policy.

BOARDNOTEL Derived from 40 CFR 280.92, as adopted Qt 53 Fed.Reg. 43370, October 26, 1988, modified to insert the InsuranceServices Office definition.

“Provider of financial assurance” means an entity that providesfinancial assurance to an owner or operator of an undergroundstorage tank through one of the mechanisms listed in Section731.195 through 731.203, including a guarantor, insurer, riskretention aroun. ~uretv or ioou~r of o lottor of credit.

“Tangible net worth” means the tangible assets that remain afterdeducting liabilities; such assets do not include intangiblessuch as goodwill and rights to patents or royalties. Forpurposes of this definition, “assets” means all existing and allprobable future coonomic benefits obtained or controlled by aparticular entity as a result of past transactions.

“Termination” under Section 731.197(b) means only those changesthat could result in a gap in coverage as where the insured hasnot obtained substitute coverage or has obtained substitutecoverage with a different retroactive date than the retroactivedate of the original policy.

(-Board Notes Derived from 40 CFR 280.92(o), as adopted at 54Fed. flog. 47081, November 9, 1939.

“Unit of local government” is as defined in the IllinoisConstitution of 1970, Art. VII, Section 1.


Section 731.193 Amount and Scope of Required FinancialResponsibility (Repealed)

a) c~~ncrsor operators of r~tro’~r’iim ii ~rrnr,uin~ ~fnrnrv~’ fnn1~shall dc trate financial

_s_i —— __-. .c___ —‘

ociponsibility for takingpensating third parties for

129—216

57

bodily injury and property damage caused by accidentalreleases arising from the operation of petroleum undergroundstorage tanks in at least the following per-occurrenceamounts:

1) For owners or operators of petroleum undergroundstorage tanks that arc located at petroleum marketingfacilities, or that handle an average of more than10,000 gallons of petroleum per month based on annualthroughput for the previous calendar year: $1 million.

#55 fl__~_ _.~

-

- - S.

.4.

,-—~—~ ,

2;- -

dcrground storage tanks

::f

bodily injury ~

releases arising from the operation of petroleum undergroundstorage tanks in at least the following annual aggregateamounts:

—I

underground storage tanks: $1 million; and

or nnrr~p~r3 OL IU.L or more1 storage tanks: $2 million

For the purposes of“petroleum undergroi:ontainmcnt unit a~ontainment units.

sections (b) and (f) only, astorage tank” mcans a singi-e -

—I

.fl — fl .2 — ..~_t_ — — _S. I_S £.C It.

operator u~cc~ocparatcincchanisms or separate combinationsof mechanisms to demonstrate financial responsibility for:

1) Taking corrccti

2) Compensating third parties for bodily injury and

~‘~4-” damsac caused by sudden accidental rele~

~) Compensatingthird parties for bodily injury and~--‘~----tv dnmriae uruor~ by nnri~uddon nocidontol—4

I—4

4 —.4- 4 _s.. _s.c..._s4

-. I. ..~. 4 4, 4,4- - -- 4 4-

Owncrs or operators

....S.i....... ....,_S..i —— ._,fl fl__..

~#a. Sd~ Sda.

ora

full

—A

—I

.2

___i — fl

-

(a) and (b).

129—217

58

responsibility for different petroleum underground storagetanks, the annual aggregate required must be based on thenumber of tanks covered by each such separate mechanism orcombination of mechanisms.

f) Owners or operators shall review the amount of aggregateassurance provided whenever additional petroleum undergroundstorage tanks are acquired or installed. If the number ofpetroleum underground storage tanks for which assurance mustbe,provided exceeds 100, the owner or operator shalldemonstrate financial rcsponciibilty in the amount of atleast $2 million of annual aggregate assurance by theanniversary of the date on which the mechanism demonstratingfinancial rcaponsibility became effective. If assurance isbe-ing demonstrated by a combination of mechanisms, the owneror operator shall demonstrate financial responsibility inthc amount of at least $2 million of annual aggregateassurance by the first—occurring effective date anniversaryof any one of the mechanisms combined (other than afinancial test or guarantee) to provide assurance.

The amounS._I .,___I fl,_r

—.fl - - — a — s.t.. .1 — _S.

h) The required per-occurrence and annual aggregate coverageamounts do not in any way limit the liability of the owneror operator.


Section 731.194 Allowable Mechanisms and Combinations(Repealed)

a) Subject to the limitations of subsections (b) and (c), anowner or operator may use any one or combination of themechanisms listed in Sections 731.195 through 731.203 todemonstrate financial responsibility under this Subpart forone or more underground storage tanks.

a) An owner or operator may use self—insurance in combinationwith guarantcc only if, for the purpose of meeting therequirements u~ -cnc i in~nw.~i. c~’~uruler ~ni~ Subpart, thcfinancial statements of the owner or operator arc notconsolidated with the financial cit atemcnts of the guarantor.


effective

Section 731.195

129—218

Financial Test of Self—insurance (Repealed)

59

a) An owner or operator, or guarantor, may satisfy therequirements of Section 731.193 by passing a financial testas specified in this Section. To pass the financial testof self-insurance, the owner or operator, or guarantor,shall meet the criteria of subsection (b) or (a) based on

-‘---.‘-~ financial statements for the latest completedJ ~.5.4S

b) Fi

1) The owner or operator, or guarantor, shall have atangible net worth of at least ten times:

A) The total of the applicable aggregate amountrequired by Section 731.193, based on the numberof underground storage tanks for which a financialtest is used to demonstrate financialrcs~onsibility for UCT systems to UCEPApursuant

r~irsuant ~

B) The sum of the corrective action cost estimates,the current closure and post-closure care costestimates and amount of liability coverage forwhich a fi nanc ial to cit is used to demonstratefinancial responsibility for hazardous wastefacilities to TJCEPA pursuant to 40 CFR 264 or 265,to the Agency pursuant to 35 Ill. Adm. Code 724 or725 or to other state agencies authorized by USEPAto administer hazardous waste programs pursuant to40 CFR 271.

40 CFR 145.

test

2) The owner or operator, or guarantor, shall have atangible net worth of at least $10 million.

3) The owner or operator,. or guarantor, shall have a.—,~-.--— —4

.2..

129—219

- a

to 40 CFR 280, to the Fire Marsha...this Part or to ~ 3f UCTnrorirr~m~ in nfhr~r ~f~ufro ~uuthnri?ed by UEEPA

C) The sum of current plugging and abandonment costfor which a financial - 4a ~zed to

demonstrate financial responsibility forunderground injection wells to UCEPA pursuant to40 CFII 144, to the Agency pursuant to 35 Ill. Adm.Code 704, to the Department of Mines and Mineralspursuant to 62 Ill. Adm. Code 240 or to otherofrfe ~rient-~i r~ r,ufhr,ri ~rd to ~dmini ~trr

A) File financial statements annually with the U.S.Securities and Exchange Commission, the EnergyInformation Administration or the RuralElectrification Administration; or

B) Report annually the firm’s tangible net worth toDun and Bradstrcet, and Dun and Bradstrcet must

--4ned the firm a financial strength rating

~ iiritrs year—enu iinu~

independently audited, aauditor’s opiniorconcern” qualificati.on.

1) The ownerfinancial

or operator, or guarantor shall meet theteat rerniircment~ of 35 Til. ~dm Code

~‘ 247(f) (1) ~specified in Section 731.193(b) (1) and (b) (2) for the“amount of liability coverage” each time specified inthe Cectiuzi.

2) The fiscal year-end financial statements of the owneror operator, or guarantor, must be examined by anindependent certified public accountant and beaccompanied by the accountant’s report of theexamination.

3) The firm’s year-end financial statements cannot includean adverse auditor’s opinion, a disclaimer of oninion.or a “rrninrr concern” qualification.

4) The owner or operator, or guarantor, shall have aletter oi.aned by th~~chief financial officer, worded~flCU~1rJçcj in suDc3cctiOfl L~)~

5) If the financial statements of the owner or operator,or guarantor, are not submitted annually to the U.S.Cccurities and Exchange Commission, the EnergyInformation Administration or the Rural Eleotrificat~-Administration, the owner or operator, or guarantor,shall obtain a special report by an independenter~rfified rmhlie ~eeoiintr~ni- ~‘tating fhntt

I —~U. - 1-’ TilT ~—he r~r,r~ronri nt.r nmo~int.~

thc data that th~letter from cite UL’iJ.CL £.LflUflCiUJ. QLLJ.ccr spcc.Lfie3as having been derived from the latest year-endfinancial statements of the owner or operator, or

129—220

60

,

of 4A or ~

—I

~, a disclaimer of opinion or a “going

— S.

1

6].

.2 .L.t. .s_I_.

B) In connection witn thatcame to the accountant’him to believe that theadjusted.

.a . I 4 £~ attS.t S. ~4. J

ttention which caused

d) Forms.

1) The Board incorporates by rcfcadopted at 53 Fed. rteg. 43370,Section incorporates no future

nce 40 CFR 28-0.95(d) asctober 26, 1988. Thi3ditions or amendments.

shallavailable; otherwise, the owner or operator shall uscthe form in 40 CFR 280.95(d), except that instructionsin brackets must be replaced with the relevantinformation and the brackets deleted.

4) To demonstrate that it meets the financial test undersubsection (b) or (c), the chief financial officer ofthe owner or operator, or guarantor, shall sign, within120 days of the close of each financial reporting year,as defined by the twelve-month period for whichfinancial statements used to support the financial test

nrennred, a letter worded as provided in subsection(3) .

c) If an owner or operator using the test to provide financialassurance finds that the owner or operator no longer meetsthe requirements of the financial test based on the year-end

nancial statements, 4- shall obt4

~ ~‘ithin 150 days of the end of th.... ~

for which financial statements have been prepared.

.r -S. ~T!

f) The Fire Marshal may require reports of financial conditionat any time from the owner or operator, or guarantor. Ifthe Firs Marshal finds, on the basis of such reports orother information, that the owner or operator, or guarantor,no longer meets the financial test requirements ofsubsection (b) or (a) and (d), the owner or operator shallobtain alternate coverage within 30 days after notificationof such a finding.

Si) ~ .._ ~ ~ f a i is t ~_ S.~ 4.1£ ~ .. £1.1 —5..

wj.iiij.n i~u a~1ys of finding that the. owner or operator nolonger meets the requirements of the financial test based on

129—221

. - ‘%~‘S4-

.5 4 n .sl4-

p...n..*,..

2) The Fire Marshal shall promulgate forms based on theforms in 40 CFR 280.05(d), with such changes as arcnecessary under Illinois law.

-- --- ----

62

the year-end financial statements, or within 30 days ofnotification by the Fire Marshal, that the owner or operatorno longer meets the requirements of the financial test, theowner or operator shall notify the Fire Marshal of suchfailure within 10 days.


Section 731.196 Guarantee (Repealed)

a) An owner or operator may satisfy the requirements of Section731.193 by obtaining a guarantee that conforms to therequirements of this Section. The guarantor shall have anownership interest in the owner or operator.

b) Within 120 days after the close of each financial reportingyear the guarantor shall demonstrate that it meets thefinancial test oritcria of Section 731.195 based on year-endfinancial statements for the latest completed financialreporting year by completing the letter from the chieffinancial officer described in Ceation 731.195(d) and shalldeliver the letter to the owner or operator. If theguarantor fails to meet the requirements of the financialtest at the end of any financial reporting year, within 120days of the end of that financial reporting year theguarantor shall send by certified mail, before cancellationor nonrenewal of the guarantee, notice to the owner oroperator. If the Fire Marshal notifies the guarantor thatthe guarantor no longer meets the requirements of thefinancial test of Section 731.195(b) or (c) and (d), theguarantor shall notify the owner or operator within 10 daysof receiving such notification from the Fire Marshal. Inboth cases, the guarantee will terminate no less than 120days after the date the owner or operator receives thenotification, as evidenced by the return receipt. The owneror operator shall obtain alternative coverage as specifiedin Section 731.210(c).

a) Forms.

s ml. — — — — a .2~j .t.iu I4UULU .uiuuxporateci by reference 40 CFR 280..9~(c) ~adopted at 53 Fed. flog. 43370, October 26, 1988. ThisSection in corporatco no future editions or amendments.

2) The Fire Marshal shall promulgate forms based on theforms in 4U ~r1 280.06(c), with such “~ as arenecessary under Illinois law.

3) The owner or operator ~naii use such forms ifavailable; otherwise, the owner or operator shall usethe form. in 40 CFR 280.96(c), except that instructions

129—222

63

in brackets must be replaced with the relevant

information and the brackets deleted.

ncr uses a guarantee to satisfy the~. ~ 731.103 shall establish a standby

trust fund when the guarantee is obtained. Under the termsof the guarantee, all amounts paid by the guarantor underthe guarantee will be deposited directly into the standbytrust fund in accordance with instruction from the FireMarshal under Section 731.208. This standby trust fund mustmeet the rcauiroments snecified in Section 731.203.

guarantors.

1) The guarantor shall have a registered agent pursuant toSection 5.05 of the Business Corporation Act of 1983(Ill. Rev. Stat. 1987, oh. 32, par. 5.05 or Section105.05 of the Ceneral Not For Profit Corporation Act of1986 (Ill.. Rev. Stat. 1087, oh. 32, par. 105.05.

2) The guarantor shall execute the guarantee in Illinois.The guarantee shall be accompanied by a letter signedby the guarantor which states that:

A) The guarantee was signed in Illinois by anauthorized agent of the guarantor;

B) The guarantee is governed by Illinois law; and,

C) The name and address of the guarantor’s registeredagent for service of process.

, effective

Insurance or Risk Retention Group Coverage(Repealed)

a) An owner or operator may satisfy the requirements of Section731.193 by obtaining liability insurance that conforms tothe requirements of this Section from a qualified insurer orrisk retention group. Such insurance must be in the form ofa separate insurance policy or an endorsement to an existinginsurance policy.

- .-s - - by refer 40 CFR 280.07(b)

~i ~~:~ 2-~~i: ~~r;; ma;: ~hisSection incorporates no future editions or amendments.

129—223

.2 oropcrator who


Section 731.197

64

2) The Fire Marshal shall promulgate forms based on theforms in 40 CFR 280.07(b), with such changes as arenone~~uirv under Ti 1 inni~ ir~w.

4

nded by anrtificate of

St.

rn (b)(2),ifavcdlabie;or operator shall usc the forms in

instructions in brackets.vant information and the

a) Each insurance, policy must be issued by an insurer or a riskretention group which is licensed byof Insurance.

(Source: Repealed at 16 Ill. Reg. ,

)

the Illinois

effective

Department

Section 731.198 Surety Bond (Repealed)

oncra ~-An owner or t~... may satisfy the rcquirer~e~ts of Cer4-4

731.193 by obtaining a surety bond that conforms to therequirements of this Section. The 2urcty company issuingthe bond shall be licensed by the Illinois Department ofInsurance.

b) Forms.

The Board incorporates by ref eadopted at 53 Fed. flog. 43370,Section incorporates no future — a .1 S..2

40 CFR 280.08(b) a~cr 26, 1925. This

2) The Fire Marshal shall promulgate forms based on theforms in 40 CFR 280.08(b), with such changes as arenecessary under Illinois law.

3-)- The owner or operator shall usc such forms ifavailable; otherwise, the owner or operator shall uscthe form in 40 CFR 280.08(b), except that instructionsin brackets must be replaced with the relevantinformation and the brackets deleted.

a) Under the terms of the bond, the surety will become liableon the bond obligation when t he owner or operator fails toperform as guaranteed by the bond. In all cases, thesurety’s liability is limited to the per-occurrence andannual aggregate penal sums.

~ensurety k d to satisfyestablish a standby

3) Each insurance policy :be1...—3

otherwise, the a40- CFR 280 • 97(b),must be replaced with the rdbrackets deleted.

d) 9’hr’ riwr~rr r~~—~~-~-‘-* ,.~—- ....~

requirements of Section 731.103,-.- uses

129—224

65

trust fund when the surety bond is acquired. Under theterms of the bond, all amounts paid by the surety under thebond will be deposited dieatly into the standby trust fundin accordance with instructions from the Fire Marshal underSection 731.200. This standby trust fund must meet therequirements specified in Section 731.203.


Section 731.199 Letter of Credit (Renealed)

a) An owner or operator may satisfy the requirements of Section731.193 by obtaining an irrevocable standby letter of creditthat conforms to the requirements of this Section. Theissuing institution shall be an entity with authority toissue letters of credit and whose letter of creditoperations arc regulated by the Illinois Commissioner ofBanks and Trust Companies.

1

1) The Board incorporates by reference 40 CFR 280.09(b) asadopted at 53 Fed. Reg. 43370, October 26, 1088. ThisSection ineornorates no’futurc editions or amendments.

2) The Fire Marshal shall promulgate forms based on theforms in 40 CFR 280.99(b), with such changes as arcnecessary under Illinois law.

3) The owner or operator shall use such forms ifavailable; otherwise, the owner or operator shall usethe form in 40 CFR 280.90(b), except that instructionsin brackets must be replaced with the relevantinformation and the brackets deleted.

c) An owner or operator who uses a letter of credit to satisfythe requirements of Section 731.103 shall also establish astandby trust fund when the letter of credit is acquired.Under the terms of t’he latter of credit, all amounts paidpursuant to a draft by the Fire Marshal shall be depositedby the issuing institution directly into the standby trustfund in accordance with instructions from the Fire Marshalunder Section 731.208. This standby trust fund must meetthe requirements specified in Section 731.203.

d) The letter of credit must be irrevocable with a termspecified by the issuing institution. The letter of creditmust provide that credit be automatically renewed for thesame term as the original term, unless, at least 120 daysbefore the current expiration date, the issu.ing institutionnotifies the owner or operator by certified mail of its

129—225

66

decision not to renew the letter of credit. Under the term:of the letter of credit, ‘the 120 days will begin on the dptiwhen the owner or operator receives the notice, as evidcnccbyth


effective

Section 731.200 UST State Fund (Repealed)

a) Section 22.13 of the Act creates the Underground StorageTank Fund (Fund). THE FUND IS INTENDED TO BE A STATE FUNDBY WHICH PERSONSWHOQUALIFY FOR ACCESSTO THE FUND IN THEEVENT OF A RELEASE MAY SATISFY THE FINANCIAL RESPONSIBILITYREQUIREMENTSUNDERTHIS PART. (Ccction 22.13 of the Act.)

b) An owner orcertificate

operator mayof coverage,

apply toon forms

the Fireprovided

Marshalby the

for aFire

Marshal.

Fund

S ml. — ~ .~ — ...S..2 - — a S. — — .e S. t. — — — .2 .~.2 — — S. —

-I

—4

d) An owner or operator with a certificate is deemed incompliance with the requirements of this Subpart withrespect to the facility listed in the certificate.

e) Owners or operators may use any financial assurancemechanism or combination of mechanisms meeting therequirements of the other Sections of this Subpart to mootthe Fund requirement that they have insurance for thedeductible.

f) IF THE ACENCYREFUSES TO REIMBURSE OR AUTHORIZES ONLY APARTIAL REIMBURSEMENT, THE AFFECTED OWNEROR OPERATORMAYPETITION THE BOARDFOR A HEARINC pursuant to 35 Ill. Adm.Code 105. (Section 22.18b(g) of the Act).


129—226

, effective

c) ii

TJfI1I I

ue i.~i thnt the owner or operatorI!flU it: i r~n rn r~r~i i~r~ rnnn~ from the Fund in th~

the Fi Marshal a...S.~min‘d br

event of

— — S. .1.. 1 — 21 1. — — — .r

a release, it shall issue a certificate ofcoverage. The certificate must certify:

1) Name of the owner or operator;

2) Name and address of the facility;

3) of ids r corrcotivc action or

67

Section 731.202 Trust Fund (Repealed)

a) An owner or operator may satisfy the requirements of Section731.193 by establishing a trust fund that conforms to therequirements of this Section. The trustee shall be anentity which has authority to act as trustee and whose trustoperations are regulated and examined by the IllinoisCommissioner of Banks and Trust Companies, or who complieswith the Corporate Fiduciary Act. (Ill. Rev. Stat. 1987,ch~ 17, pars. 1551-1 et seq.)

b) The wording of the trust agreement must be identical to thewording specified in Section 731.203(b), and must beaccompanied by a formal certification of acknowledgement asQpecified in Section 731.203(b). In addition, the owner oroperator and trustee shall agree that Illinois law governsthe trust.

a) The trust fund, when established, must be funded for thefull required amount of coverage, or funded f or part of therequired amount of coverage and used in combination withother mechanisms that provide the remaining requiredcoverage.

d) If the value of the trust fund is greater than the requiredamount of coverage, the owner or operator may submit awritten request to the Fire Marshal for release of theexcess.

c) If other financial assurance as specified in thi3 Subpart issubstituted for all or part of the trust fund, the owner oroperator may submit a written request to the Fire Marshalf-or release of the excess.

f) Within 60 days after receiving a request from the owner oroperator for release of funds as specified in subsection (d)or (a), the Fire Marshal shall instruct the trustee torelease to the owner or operator such funds as the FireMarshal specifies in writing.


Section 731.203 Standby Trust Fund (Repealed)

a) An owner or operator using any one of the machanismsauthorized by Sections 731.196, 731.198 or 731.190 shallestablish a standby trust fund -when the mechanism is

cntity that has tho authority to got asatruatec and whooctrust operations arc regulated and examined by the IllinoisCommissioner of Banks and Trust Companies, or who complies

129—227

.E — 2 1

68

— J_ I 1- 1 1 fl — — — Il — S I r IS ‘.t _t.

1) The Board inc orporates by r~fcrcnoe 40 CFR 280.103(b)as adopted at 53 Fed. Reg. 43370, October 26, 1988 andas amended at 53 Fad. Rcg. 51274, December 21, 1988.This Section incorporates no future editions oramendmento -

) Ph n P4 ... —shallforms in 40 CFR 280.103(b), with such changes as arenecessary under Illinois law.

tromulaatc forms based r~n the

I

available; otnerwisc, the owner or operator shall usethe form in 40 CFR 280.103(b), except that instructions~- —-~-~--~ —“--~t b~ reni~oed u-ith tho relevant.2S J.#.A. L&S.fl~~.l~ M1543 — — —

4) In addition, the owner or operator and trustee shall

agree that Illinois law governs the trust.

.~1 ~ ~ 4-~... -..—..

balance of the standby trust fund to the provider offinancial assurance if the Fire Marohal determines that noadditional corrective action costs or third-party liabilityclaims will occur as a result of a release covered by thefinancial assurance mechanism for which the standby trust

.~ ~S ~&S% ~

2

with this ~u~part.


effective

Section 731.204

owner or operator may cancel a financial

by providing notice to the provider of

129—228

—I — ——— —-—I —

eahanism for all ft

Substitution of Mechanisms (Repealed)

a) An owner or operator may substitute any alternate fin~incialassurance mechanisms as specified in this Subpart, providedthat at all times the owner or operator maintains aneffective financial assurance mcOhanism or combination ofmechanisms that satisfies the requirements of Section731.193.

b) After obtaining alternate financial assurance ~in this Subpart, an

, effective

Cancellation or Nonrenewal by, ProviderlRepealed)

a) Except as othcrwisc provided, a provider of, financialassurance may cancel or fail to renew an assurance mechanismby sending a notice of termination by certified mail to theowner or operator.

a guarantee, a surety bond or a letter1) Termination ofof credit must not occur until 120 days after the dateon which the owner or operator receives the notice oftermination as evidenced by the return receipt; or

2) Termination of insurance or risk retention groupcoverage, except for non-payment or misrepresentationby the insured, or coverage by the UCT State Fund underSection 731.200, must not occur until 60 days after the

on uhi eh the n’tmt—r or one~~tor rocr~ivr~t the nr~ti cc

termination, ‘by the~_5mination for non ~2....ent of premium~i ‘eprcscn ~i by the insured ~ ~ until

minimum of 10 days after the date on which the owner ornr’r-’v--~tor rr.ceiu’e—i the nt—il-I er- of l-r’vmi n~ti on ic

cvidenced by the return receipt.

LU~

~t1 ~T ~-

- ~dencca ~~11r~ rcccipt.

1,1 IlL, L

b) If a provider of financial responsibility cancels or failsto renew for reasons other than incapacity of the provideras specified in Section 731.206, the owner or operator shallobtain alternate coverage as specified in this Sectionwithin 60 days after receipt of the notice of termination.Tf I-he rti.rnr’r or ‘ne~’trtr . ri ni- ~ ii- r’ir~it r- c yo~1 rlr’fails t~within 60 ~ after ~~ipt of the noti.~ -e# 55.kination,the owner or operator shall notify the Fire Marshal of suchf~ii lure ~nd ~uhmit,

1) The name and address of the provider of financial

assurance;

2) The effective date of termination; and

LI1L~

(Source: Repealed at 16 Ill. Reg. effective

Section 731.206 Reporting (Repealed)

129—229

69


Section 731.205

The cvid.~”” of the financial assistance mcch~rni~subjc~t—te t’ic termination miintaincd in accordancewith Section 731.207(b).

70

a) The owner or operator shall deposit with the Fire Marshal anoriginal, sr ~ ~ p’~-~-~-~original, of any requircdrinancia.i. assurance ciocument. The owner or operator shalldeposit the document within 14 days after the date on whichon which the tmnrr~tor receives the document.

own compliance with the~inano..~ai ~ ~qu ..3u...MtO of this Part asspecified in the new tank notification form when notifyingtho Fire Marshal of the installation of a new underground“1

-nr1r tank under Section 711.1”~.


, effective

Section 731.207 Recordkeeping (Repealed)

S — n~. - ,..2 — St. a .rl_...__.2 ..,

731.206 is not otherwise required to maintain copies of thedocuments or the certificate, which would be required pursuant to40 CFR.280.107, adopted at 53 Fed. flcg. 43357, October 26, 1088.


effective

Section 731.208

a) The Fire Marshal shall require the guarantor, surety orinstitution issuing a letter of credit to place the amountof funds stipulated by the Fire marshal up to the limit offiandri prrridnr~ h’u- I-ho finrinrinl n~~aar~nr~emoeh~inI~tm into

the standby trust if:

1) Both:

- ~or failsfinancial assurance within 60 days after receivingnotice of cancellation of the guarantee, suretybond, letter of credit or as applicable, otherfinancial assurance mechanism; and

rcicascby the m

trom an undcrgrounu storacchanism has occurred and

ge cani~covcreuso notifies the

owner or operator or the owner or operator hasnotified ESDA pursuant to Subpart E or F of arelease from an underground stora gc tank coveredby the mechani.~..~,

(b) (2) (A)

.l...1 or opcrator 3hall certify

Drawing on Financial Assurance (Repealed)

Fins .1 ~ ~1

ml. — n 2 — — .._ — — 1.. — , .1 — S. — 2 — ....S — St. — S.

—S ..nl_

—F

,sls.1_....._ ,n .._t.....~.s1

(B) are satisfied.

129—230

71

b) The Fire Marshal shall draw S_._

1) The Fire Marshal makes a final docd and ime’~’~~—— .l_1__ .~_....1

Wa. .4. Wi £

corrective action ~.u.. ~..w.. ~a~e is needed, and theowner or operator, after appropriate notice andoDoortunity to comply, has not conducted correctiveaction as required unacr ~u~part £~

11 -

2) The Fi I .t._21 ....iSt..

by reft.5......~ -.0 CFR 280.108(b) (2) (i)as adopted at 53 Fed. Rcg. 43370, October 26,1088. This Ccction incorporates no future

worded as provided in 40 CFR 280.108(b) (2) (i),except that inotruction3 in brackets are to bercpiaccd ~iith the rclevant information and the

ut.L~i~ ~..ne owncr or opcrntor L~. .JLJL2 I]

property damage caused by an aucidenta.i. rci.ca~efrom an undergroundfinancial assurance

storage tank covered byunder this Subpart and the

Fire Marshal determines that the owner or operatorhas not satisf led the judgment.

C) If the Fire Marshal determines that the amount ofcorrective action costs and third-party liabilityclaims eligible for payment under subscction---(b)may exceed the balance of the standby trust fundand the obligation of the provider of financialassurance, the first priority for payment must becorrective action costs necessary to protect humanhealth and the environment. The Fire Marshalshall pay third-party liability claims in theorder in which the Fire Marshal receivescertifications under subsection (b)(2)(A), andvalid court orders under subsection (b)(2)(B)-.

, effective

Release from Financial Assurance Requirement(Repealed)

129—231

,______. 1.

A) Certification from the owner or operator andthird-party liability claimant and from attorneysrepresenting the owner or operator and thethird-party liability claimant that a third-partyliability claim shouldbc paid. The Board

B) A valid final court order ~blishing a judgment~

t.~~2y injury oi

(Source: Repealed at 16 Ill. Reg.

Section 731.209

72

An owner or operator is no longer required to maintain financialresponsibility under this Cubpart for an underground storage tankafter the tank has been properly closed or, if corrective actionis rcquired, aftcr corrective action has been completed and thetank has bccn properly closed as required by Subpart C.

(Source: Repealed at 16 Ill. Reg. ,effective)

Section 731.210 Bankruptcy or other Incapacity

a) Within 10 days after commencement of a voluntary orinvoluntary proceeding under 11 U.S.C. (Bankruptcy), namingan owner or operator as debtor, the owner or operator shallnotify the Fire Marshal by certified mail of suchcommencement and submit the appropriate forms listed inSection 731.207(b) documenting current financialresponsibility.

b) Within 10 days after commencement of a voluntary orinvoluntary proceeding under 11 U.S.C (Bankruptcy), naming aguarantor providing financial assurance as debtor, suchguarantor shall notify the owner or operator by certifiedmail of such commencement as required under tne terms of theguarantee. specified in Section 731.196.

c) An owner or operator who obtains financial assurance by amechanism other than the financial test of self—insurancewill be deemed to be without the required financialassurance in the event of a bankruptcy or incapacity of itsprovider of financial assurance, or a suspension orrevocation of the authority of the provider of financialassurance to issue a guarantee, insurance policy, riskretention group coverage policy, surety bond or letter ofcredit. The owner or operator shall obtain alternatefinancial assurance as specified in this Subpart within 30days after receiving notice of such an event. If the owneror operator does not obtain alternate coverage within 30days after such notification, the owner or operator shallnotify the Fire Marshal.


Section 731.210 Bankruptcy or other Incapacity (Repealed)

a) within 10 days after commencement of a voluntary orinvoluntary proceeding under 11 U.S.C. (Bankruptcy), namingan owner or operator as debtor, the owner or operator shallnotify the Fire Marshal by certified mail of suchcommencement and submit the appropriate forms ii.

Section 731.207(b) documenting current financial

129—232

responsibility.

73

b) Within 10 days after commencement of a voluntary or212 ~....21 I I IS #~S_a...........L.py) , narnini~,involuntary proo~~.L.I.ny uiiu~r .i.~. u.~..’.. !~DU%....(~ILJ.

guarantor providing financial assurance as dcDtor, ~uon

guarantor shall notify the owner or operator by certifiedmail of such conunonoement - 4 tnc of theguarantee specified in Section 731.196.

—F .. .1

revocation of thc authority of thc providcr of financialassurance to issue a guarantee, insurance policy ri~retention group coverage ~ulicy, surety bond or letter oforeiiit.. The owner or oner~-ator ~h~i1i obtain ~1ltern3tefinrinci~1 ~ur~ince ~mr-cifieri in thifl Subpart within ~

:.ing notice efor operator aoco not obtain alternate coverage within 30days after such notification, the owner or operator sha-linotify the Fire Marshal.

day~’ after - - such an event. If the owner

(Source: Repealed at 16 Ill. Req. , effective)

Section 731.211 Replenishment (Repealed)

~.) If at any time after a standby trust runcica upon th~instruction of. the Fire Marshal with funds drawn from aguarantee, letter of credit or surety bond, and the amountin the-standby trust is reduced below the full amount of

5t.~~cd, th~ ~ ~erator shall by theanniversary date of the financial mechanism from which thefundra ur-re ~1rawn

1) Replenish the value of financial assurance to equal thefull amount of coverage required, or

a., Aequ.4.S~.. another financial assurance mechanism for theamount by which funds in the standby trust have beenreduced.

b) For purposes of this Section, the full amount of coverage tobe provided by Section 731.103. If a combination ofmechanisms was used to provide the assurance funds whichware drawn upon, replenishment must occur by the earliestanniversary date among the mechanisms.

(Source: Repealed at 16 Ill. Reg.

129—233

effective

~n the . ~.,21,...... _.C __._.._1 .1

will be deemedto be without the required ~of a bankruptcy or incapacity of its

~~1~

74

Section 731.Appendix A

The Board incorporates by reference 40 CFR 280, Appendix I(1988), as amended at 53 Fed. Rcg. 37208, September 23, 1988(1991). This Section incorporates no future editions oramendments. Persons required to notify shall use forms providedby the Fire Marshal if available. Otherwise, they may prepareforms based on 40 CFR 280, Appendix I.


Section 731.Appendix C Statement for Shipping Tickets andInvoices

Note.—A Federal law (The Resource Conservation and Recovery Act(RCRA). as amended (Pub. L. 98-616)) requires owners of certainunderground storage tanks to notify designated State or localagencies by May 8, 1986, of the existence of their tanks.Notifications for tanks brought into use after May 8, 1986, mustbe made within 30 days. Consult USEPA’s regulations, issued onNovember 8, 1985 (40 CFR Part 280) to determine if you areaffected by this law.

(Source: Added at 16 Ill. Reg. , effective)

129—234