49-1009. Tank performance standards

A. A person shall not install an underground storage tank unless the underground storage tank meets all of the following requirements:

1. It is designed to prevent releases due to corrosion or structural failure for the operational life of the tank.

2. It is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material or designed in a manner to prevent the release of a regulated substance.

3. The material used in the construction or lining of the tank is compatible with the substance to be stored.

B. Beginning January 1, 2009, a person shall not install an underground storage tank unless the underground storage tank meets the secondary containment and release detection requirements for hazardous substance underground storage tank systems in 40 Code of Federal Regulations section 280.42 and the interstitial monitoring requirements in 40 Code of Federal Regulations section 280.43, subsection G.

C. Beginning January 1, 2009, a person shall not install a new piping component that is twenty-five per cent or more of the total linear footage of all connected piping of the underground storage tank unless all connected piping of the underground storage tank that conveys a regulated substance under pressure is brought into compliance with the secondary containment and release detection requirements for hazardous substance underground storage tank systems in 40 Code of Federal Regulations section 280.42 and the interstitial monitoring requirements in 40 Code of Federal Regulations section 280.43, subsection G.

D. Beginning January 1, 2009, an owner or operator who installs or replaces a motor fuel dispenser that connects to an underground storage tank shall install under-dispenser containment. The under-dispenser containment shall meet the release detection requirements of 40 Code of Federal Regulations section 280.42, subsection B, paragraph 1.

E. The owner and operator of an underground storage tank shall use an underground storage tank, a new piping component, under-dispenser containment and any secondary containment material that is made of or lined with materials that are compatible with the regulated substance stored in or dispensed from the underground storage tank.

F. The director may adopt rules specifying design, construction, installation, performance and compatibility standards for underground storage tanks. The rules adopted pursuant to this subsection shall be consistent with and no more stringent than federal regulations in effect on the date on which the rules are adopted.

G. The director may require an owner and operator of an underground storage tank to perform or cause to be performed a tank test to determine compliance with the standards established pursuant to this section.