CHAPTER Env-Or 300
ABOVEGROUND PETROLEUM STORAGE FACILITIES
Statutory
Authority: RSA 146-A:1-3, 4, 5, & 11-c, I, I-a,
Revision Note:
Document #10487 effective 2-7-14, readopted with amendments
and redesignated former Part Env-Wm 1402 titled Control of Aboveground
Petroleum Storage Facilities as Env-Or 300 titled Aboveground Petroleum Storage
Facilities pursuant to a rules reorganization plan for Department rules
approved by the Director of the Office of Legislative Services on 9-7-05.
The prior filings for former Env-Wm 1402 include the
following documents:
#6500, eff 4-25-97
#8333, INTERIM, eff 4-23-05
#8359, eff 5-28-05
#9368, eff 1-21-09
PART Env-Or 301
PURPOSE
Env-Or
301.01 Purpose. The purpose of these rules is to prevent and minimize contamination of the land and waters of the state due to the improper storage and
handling of oil
as defined in RSA 146-A:2,
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
301.02 Applicability.
(a) Subject to (b) through (d), below, and the
exemptions in Env-Or 301.03, the rules in Env-Or 302 through Env-Or 308 and
Env-Or 310 shall apply to the following aboveground oil storage facilities:
(1) Any
facility having a single aboveground storage tank (AST) system with an oil
storage capacity of more than 660 gallons that is used or intended for use in
the storage, transfer, or distribution of oil; and
(2) Any
facility having more than one AST system with a combined oil storage capacity
of more than 1,320 gallons that is used or intended for use in the storage,
transfer, or distribution of oil.
(b) The storage capacities of the systems, tanks,
cargo trucks, and pipelines that are exempted under Env-Or 301.03 shall not be
included when determining applicability under (a)(1) or (2), above.
(c) Any AST system that was subject to any
extended compliance deadline under Env-Wm 1402 as effective May 28, 2005, as
noted in Appendix E, shall comply with all requirements in this chapter that
apply to that type and size of system.
(d) The rules in Env-Or 302, Env-Or 310, and the
specific rule identified in Env-Or 309.01 are the only rules in this chapter
that shall apply to:
(1) Any AST
system designed and used to store oil in the solid phase at atmospheric
temperature and pressure;
(2) Any
location where any oil-filled electrical equipment individually contains more
than 660 gallons of oil;
(3) Any AST system with an oil storage
capacity of more than 660 gallons but not more than 1,320 gallons that:
a. Is included
in (a)(1), above, but not in (a)(2), above;
b. Is located at a construction site; and
c. Is installed and exists only for the specific
duration of the construction contract for which it is used, not to exceed one
year;
(4) Any AST having
a capacity of not more than 330 gallons that:
a. Contains
heating oil for on-premise heating only; and
b. Is at an AST facility that is included in (a),
above; and
(5) Use of
cargo trucks by commercial/industrial enterprises and the military.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
301.03 Exemptions. The rules in Env-Or 300 shall not apply to
the following:
(a) Any AST systems with a combined oil storage
capacity of 1,320 gallons or less that contain heating oil used only for
on-premise heating;
(b) Any storage tank designed to contain any
liquid that is gaseous at atmospheric temperature and pressure, provided the
tank is not used to contain oil that is used or intended for use in the
storage, transfer, or distribution of oil;
(c) Any flow-through process system that is
integral to the operation of equipment, such as manufacturing process
equipment, elevators, trash compactors, and vehicle lifts, through which there
is a steady, variable, recurring, or intermittent flow of oil during the
operation of the equipment, exclusive of any tank or tank system used for the
storage of oil prior to the introduction of the oil into the production process
or equipment or for the storage of finished products or by-products that
contain oil;
(d) Oil-transmission pipelines subject to the
Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety
Act of 1979;
(e) Any stormwater or wastewater collection,
treatment, or discharge system;
(f) Any oil storage system that is subject to RSA
146-C and Env-Or 400 relative to underground storage tank facilities;
(g) Any storage tank that is regulated under the
Atomic Energy Act of 1954 because it contains radioactive material;
(h) Any tank that is used in any emergency spill
or overflow containment system, provided the tank is emptied at or otherwise
taken to a facility that is legally authorized to receive such oil within 48 hours after the emergency use has
ended;
(i) Any non-stationary equipment that contains
oil for operational purposes; and
(j) Any cargo truck engaged in transporting oil
from one facility to another that is required to meet applicable requirements
of the United States Department of Transportation and the
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 302 DEFINITIONS
Env-Or
302.01 “Aboveground Storage Tank (AST)”
means a tank that is a component of an aboveground storage tank system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.02 “AST facility” means a facility
having one or more AST systems that are subject to this chapter.
Source. (See Revision Note at chapter heading for Env-Or
300) #10487, eff 2-7-14
Env-Or
302.03 “AST system” means an AST and all
connected piping that is used or is intended to be used to store or dispense
oil where 90 percent or more of the total volume of the system is:
(a) Above the surface of the ground; or
(b) Visible for inspection within an underground
vault.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.04 “Calculated maximum safe fill height”
means the fill height corresponding to the rated capacity of a tank minus the
volume that can be filled at the maximum possible system fill rate multiplied
by the time it takes to completely stop product flow into the tank or 2
minutes, whichever is greater.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.05 “Cargo truck” means any motor
vehicle or towed trailer that is designed or used to transport oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.06 “Cathodic protection system”
means the totality of components used
to reduce the corrosion of a metal surface by making that surface the cathode
of an electrochemical cell,
using either a sacrificial anode or impressed current system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.07 “Cathodic protection tester” means an
individual who is certified by NACE International, the Steel Tank Institute, or
the International Code Council as being qualified to evaluate the effectiveness
of cathodic protection systems.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.08
“Certified AST inspector” means:
(a) An individual who
is certified by
(b) A New
Hampshire-licensed professional engineer with knowledge of AST system
inspection and testing procedures.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.09 “Certified tank installer” means
an individual who is certified:
(a) By the International Code Council in AST system
installation/retrofitting; and
(b) By the equipment manufacturer as being
qualified in the installation of the
manufacturer’s equipment or individual system components, as applicable.
Source. (See Revision Note at chapter heading for Env-Or
300) #10487, eff 2-7-14
Env-Or
302.10 “Closure” means the process of
permanently taking an AST or AST system out of service with the intent to not
re-introduce oil to or otherwise use the AST for dispensing or storage of oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.11 “Combined oil storage capacity”
means the sum total of the capacity of each AST system at an AST facility that
has a nominal oil storage capacity of 55 gallons or more that is used or
intended for use in the storage, transfer, or distribution of oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.12 “Compatible” means the ability of
2 or more substances to maintain their respective physical and chemical
properties upon contact with one another for the design life of the AST system
in which they come in contact, under conditions likely to be encountered in the
AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.13 “Connected piping” means the
entirety of a piping system that is attached to a tank through which oil can
flow.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.14 “Corrosion expert” means an individual who
is:
(a) Accredited or certified by NACE International
at the cathodic protection specialist level as a corrosion specialist or
cathodic protection specialist; or
(b) A New Hampshire-licensed professional
engineer with certification or
licensing that includes education and experience in corrosion control on
buried metal piping systems and metal
tanks.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.15 “Department” means the
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.16 “Discharge” means “discharge” as
defined in RSA 146-A:2, I-a, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.17 “Facility” means “facility” as
defined in RSA 146-A:2, IX, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.18 “Field-erected AST” means an AST
that is constructed by assembling tank components on-site at a facility.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.19 “Fittings” means all components and materials used to connect pipes to
each other or to a tank or dispenser, including but not limited to valves,
elbows, joints, flanges, flexible connectors, gaskets, and sealants.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.20 “Floodway” means “regulatory
floodway” as defined in 44
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.21 “Heating oil” means oil that is:
(a)
No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No.
6 technical grade of fuel oil;
(b)
Any other residual fuel oil, such as Navy Special Fuel Oil and Bunker C;
or
(c)
Used engine, transmission, gear, or hydraulic oil that is burned for
on-premise heating in compliance with Env-Hw 807.10.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.22 “Impermeable” means a characteristic of a
material that prevents oil from moving through the material from one side to
the other.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.23 “Impressed current system” means
a type of cathodic protection system that
uses a power source called a rectifier connected to buried metal anodes that
are connected to the metal being protected by a wire.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.24 “Leak monitoring system” means
all of the equipment installed to detect any escape of oil from an AST system
before the oil can reach the ambient environment, including but not limited to
sensors, consoles, and all associated connections.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.25 “Listed test method” means a test
method that has been evaluated in accordance with a nationally approved protocol
by an independent testing laboratory and demonstrated to meet the specified
detection criteria at the specified probability of detection and probability of
false alarm.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
(a)
The date in the prior month on which the corresponding test or
inspection occurred, if only one test or inspection, as applicable, occurred in
the prior month; or
(b)
The date in the prior month on which any corresponding test or
inspection occurred, if an owner or operator performed the test or inspection
more frequently than once in the prior calendar month.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.27 “Motor fuel” means oil or an
oil-based substance that can be used to power an engine. The term includes but is not limited to
gasoline and reformulated gasoline, aviation gasoline, diesel fuel and diesel
fuel blends such as bio-diesel, and jet or other aviation fuel.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.28 “Oil” means “oil”, as defined in
RSA 146-A:2,
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.29 “Oil-filled electrical equipment” means
devices that are used in the generation, transmission, or distribution of
electrical power, such as transformers, oil circuit breakers, capacitors, and
voltage regulators, and that contain oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.30 “On-premise heating” means use
only to heat the structures at the facility at which the AST system is located.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.31 “Operate” means
to manage an AST system in which oil is or is intended to be stored.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.32 “Operator” means a person who has
responsibility for the care, custody, and control of the daily operation of an
AST facility. The term includes any
entity that is under agreement with the owner to operate the facility and,
where the context so requires, the individual who is on-site and immediately
responsible for managing facility operations, including responding to alarms or
other unusual operating conditions.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.33 “Out of service” means that an
AST system or portion thereof is not in use but is intended to be returned to
use. AST facilities and AST systems that
are used periodically, such as for seasonal storage, surcharge storage, or
standby storage, are not “out of service” even when they do not actually
contain oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.34 “Owner” means the person having
legal ownership of a facility.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.35 “Permeability” means the ease
with which oil can move through a material and is measured by the rate of flow
in suitable units.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.36 “Person” means “person” as
defined in RSA 146-A:2, VI, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.37 “Pipe” means an impermeable
hollow cylinder or tubular conduit that conveys or transports liquids or vapors, or that is used for
venting, filling, or removing liquids or vapors from a tank.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.38 “Piping system” means pipes and all connected
fittings, pumps, monitors, auxiliary tanks, and secondary containment associated with the
conveying, venting, filling, or dispensing of oil or vapors in an AST or AST
system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.39 “Public water system” means
“public water system” as defined in RSA 485:1-a, XV, as reprinted in Appendix
C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.40 “Qualified facility” means “qualified
facility” as defined in RSA 146-A:2, XIV, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.41 “Release detection” means the
process and equipment used to determine whether a release of oil has occurred.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.42 “Release prevention” means a
program of routine, documented, visual inspections designed to identify the
potential for a discharge of oil to the environment and the taking of
subsequent action(s) to ensure a release does not occur.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.43 “Repair” means
to restore a tank, pipe, spill prevention equipment, overfill prevention equipment,
corrosion protection equipment, release detection equipment or other AST system
component to its original design function.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.44 “Sacrificial
anode system” means a type of cathodic protection system that uses an anode
made of a metal having a lower electrochemical potential than that of the metal
component being protected, that is buried in the ground close to the metal
surface being protected and electrically connected to the surface being
protected.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.45 “Secondary
containment” means a release prevention and leak monitoring
system for a tank or piping that prevents oil that has escaped from the
primary containment system from reaching the ambient environment.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 302.46
“Shop-fabricated AST” means an AST that is constructed at a tank
manufacturer’s plant and transported as a whole to a facility for installation.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.47 “Significant corrosion” means
corrosion evidenced by a shedding or leafing product or scaling, or by pitting
corrosion, regardless of whether the corrosion is progressing at the time of
discovery.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.48 “Special flood hazard area” means
the area of land that has a one percent or greater chance of being flooded in
any given year, commonly called the 100-year flood zone. The term includes those areas delineated on a
Flood Insurance Rate Map as Zone A for non-coastal areas and as Zone V for
coastal areas.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.49 “Spill Prevention, Control, and
Countermeasure Plan (SPCC Plan)” means a written plan that specifies the
equipment, workforce, procedures, and steps to prevent, control, and provide
adequate countermeasures to a discharge, as described in 40
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.50 “Storage system” means one or
more tanks with all connected piping in which any oil is or is intended to be
stored.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.51 “Substantial design change” means any alteration to the location,
materials, or configuration of any components of a proposed AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.52 “Substantial modification” means
the construction or installation of any addition to a facility or any
restoration or renovation of a facility that increases or decreases the on-site
storage capacity of the facility, significantly alters the physical
configuration of the facility, or impairs or improves the physical integrity of
the facility or its monitoring systems.
The term does not include on-site abandonment of a facility.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.53 “Surface waters of the state”
means “surface waters of the state” as defined in RSA 485-A:2, XIV, as
reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Or
300) #10487, eff 2-7-14
Env-Or 302.54 “Tank” means a stationary device constructed
of impermeable material(s) that is designed to, or that actually does, contain
oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.55 “Transfer operator” means the individual who is controlling the flow of oil being
transferred into an AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.56 “Underground piping” means any
pipe that is in contact with the ground or is located below the surface of the
ground.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.57 “Unusual operating condition”
means any condition, equipment deficiency, or occurrence that results or could result in a release of oil, indicates
the possibility of a system leak, or creates a reasonable expectation that a
system leak is imminent. Examples of unusual operating
conditions are listed in Env-Or 306.07(a).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
302.58 “Used oil” means an oil that,
through use or handling, has become unsuitable for its original purpose due to
the presence of physical or chemical impurities or loss of original properties.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 303 REFERENCE
STANDARDS
Env-Or 303.01 Availability and Applicability of
Reference Standards.
(a) The department shall have at least one copy
of each reference standard identified in this part available for inspection by
the public at its offices at
(b) The reference standards also may be obtained
directly from the source, as listed in Env-Or 303.02 through Env-Or 303.06 and
Appendix A.
(c) In the event that any of the applicable
reference standards conflict with these rules or with each other, the most
stringent requirement shall apply.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
303.02 American Petroleum Institute. The following standards from the American
Petroleum Institute (
(a) Standard Number 620 - “Design and
Construction of Large Welded Low-Pressure Storage Tanks”, eleventh edition,
2008 (
(b) Standard Number 650 - “Welded Steel Tanks for
Oil Storage”, twelfth edition, 2013 (
(c) Recommended Practice 651 - “Cathodic
Protection of Aboveground Petroleum Storage Tanks”, third edition, 2007 (
(d) Standard Number 653 - “Tank Inspection,
Repair, Alteration, and Reconstruction”, fourth edition, 2009 (
(e) Recommended Practice 1615 – “Installation of
Underground Petroleum Systems”, sixth edition, 2011 (
(f) Recommended Practice 1632 – “Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems” third
edition, 1996, reaffirmed June 2002 (
(g) Standard Number 2610 – “Design, Construction,
Operation, Maintenance, and Inspection of Terminal and Tank Facilities”, fifth
edition, 2005 (
(h) Recommended Practice 2611 – “Terminal Piping
Inspection – Inspection of In-Service Terminal Piping Systems”, first edition,
June 2011 (
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
303.03 NACE International. The following standards from NACE
International,
(a) Standard Number SP-0169-2007 (formerly
RP-0169-2002) - “Control of External Corrosion on Underground or Submerged Metallic
Piping Systems” (NACE SP-0169); and
(b) Standard Number SP-0285-2011 (formerly
RP-0285-2002) - “Corrosion Control of Underground Storage Tank Systems by
Cathodic Protection” (NACE SP-0285).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 303.04 National
Fire Protection Association. The
following standards from the National Fire Protection Association (NFPA), 1
Batterymarch Park, Quincy, Massachusetts 02169-7471, (800) 344-3555, http://www.nfpa.org, shall
apply as noted in the rules and summarized in Appendix A:
(a) NFPA 30 - “Flammable and Combustible Liquid
Code”, 2012 Edition (NFPA 30);
(b) NFPA 30A - “Code for Motor Fuel Dispensing
Facilities and Repair Garages”, 2012 Edition (NFPA 30A);
(c) NFPA 31 - “Standard for the Installation of
Oil-Burning Equipment”, 2011 Edition (NFPA 31); and
(d) NFPA 110 - “Standard
for Emergency and Standby Power Systems”, 2013 Edition (NFPA 110).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
303.05 Petroleum Equipment Institute. The following standards from the Petroleum
Equipment Institute (
(a) RP 200 - “Recommended Practices for
Installation of Aboveground Storage Systems for Motor Vehicle Fueling”, revised
2013 (
(b) RP 300 - “Recommended Practices for
Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites”,
revised 2009 (
(c) RP 600 - “Recommended Practices for Overfill
Prevention for Shop-fabricated Aboveground Tanks”, 2012 (
(d) RP 800 - “Recommended Practices for
Installation of Bulk Storage Plants”, 2008 (
(e) RP 1300 - “Recommended Practices for the
Design, Installation,
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
303.06 Additional Standards.
(a) From the
Steel Tank Institute (
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 304
REGISTRATION; REQUIRED NOTIFICATIONS
Env-Or 304.01
Registration of AST Systems Required.
(a) The owner of an AST facility that is subject to these rules
shall register each AST system at the facility with the department by:
(1) Providing the
information specified in Env-Or 304.02 on or with the form provided by the
department or in an equivalent format; and
(2) Signing the submission
as specified in Env-Or 304.03.
(b)
For an AST facility at which some or all of the ASTs at the facility are
55-gallon drums, the owner shall register each storage area for the drums in
lieu of registering each individual drum.
(c) No person shall operate an AST facility that is
subject to these rules unless it is registered with the department.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 304.02 Required
AST System Registration Information.
To register an AST system, the owner shall provide the following
information to the department on the form provided
by the department or an equivalent:
(a) The name, mailing address, and daytime telephone
number of each owner of the facility and, if available, a fax number and email
address for each;
(b) The name, mailing address, daytime telephone
number, and email address, if available, of each owner of the property on which
the AST facility is located, if other than the owner(s) of the AST facility;
(c) The location of each AST system being
registered by street address, municipality, tax map and lot number and, if
known, the
(d) The name, job title, mailing address, and daytime
telephone number of the operator in charge of the AST systems at the facility
and, if available, the operator’s fax number and email address;
(e) A list of all AST systems at the facility
and, for each, the following information:
(1) The intended use of and the type of
enterprise or activity served by the AST system;
(2) Whether each AST in the system is a new tank, currently in service, currently out
of service, undergoing a substantial design change, or is being or has been
removed or dismantled;
(3) The date of AST system installation or, if
unknown, the best estimate of the age of the tank;
(4) The total capacity of each AST in the system;
(5) The construction material of each AST in the
system;
(6) The construction material and location of all
piping, whether it is above ground, below ground, or over water, and whether it
is suction piping or pressurized piping;
(7) The contents of each AST in the system or, if
the system is empty, the intended contents or the type of oil last stored, as
applicable;
(8) A description of all AST system supports, if
any, and height above grade;
(f) Whether any tanks are permanently out of
service or have been or are being dismantled and, if so, the following
information for each:
(1) The tank identification number;
(2) The date the tank was emptied of product;
(3) Whether the tank will remain in place or be
dismantled;
(4) Whether a site assessment has been completed;
and
(5) Whether any site assessment or other inspection
has detected evidence of a leak;
(g) The date of the current SPCC plan as required
by Env-Or 306.02;
(h) Whether the facility is in compliance with
the
(i) Whether there is any underground storage tank
(
(j) A plan view of the facility, to scale or with
dimensions shown, in sufficient detail to locate the ASTs, including any drum
storage areas, with respect to property lines and any buildings or other
structures on the property.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
304.03 Signature on Registration
Required.
(a)
The owner shall sign and date all registration submittals.
(b) The owner’s
signature shall constitute certification that:
(1) The owner has personally examined and is familiar
with the information submitted in or with the registration form;
(2) Based on the owner’s inquiry of those
individuals immediately responsible for obtaining the information, the owner
believes that the submitted information is true and correct to
the best of the individual’s knowledge and belief; and
(3) The owner understands that he or she is
subject to the penalties specified in RSA 641:3 for making unsworn false
statements.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
304.04 Registration Updates Required.
(a) The owner shall
report any significant change in the information presented on the original
registration form to the department in writing within 30 days of the change.
(b) For the purpose of (a), above, “significant change” means:
(1) Any addition or reduction in the aggregate
oil storage capacity at the facility;
(2) Taking an AST system out of service or removing
or dismantling an AST system;
(3) Any change in use as described in Env-Or
304.05;
(4) Any change in the name of the facility that
is not associated with a transfer of ownership;
(5) Any time the oil content of a tank is changed
from a flammable liquid to a combustible liquid, as defined in NFPA 30, or vice versa;
(6) Any addition of release prevention or release
detection measures to an AST system, such as:
a. The
replacement of single-walled piping with double-walled piping;
b. The installation
of high-level alarms;
c.
Interstitial space monitoring devices;
d. The
installation of secondary containment;
e. The
installation of cathodic protection; or
f. Any
other enhancement to an AST system that would reduce the threat of harm from an
oil release to human health, public safety, or the environment; or
(7) Any other change in the information provided
to register the AST.
Source. (See Revision Note at chapter heading for Env-Or
300) #10487, eff 2-7-14
Env-Or 304.05 Change in Use. The owner of any facility that would become
subject to regulation
under Env-Or 300 due to a change in the use of any storage system
at the facility shall:
(a)
Comply with all applicable requirements before instituting the changed
use; and
(b)
Register the facility as specified in Env-Or 304.01 prior to putting any
oil into the AST systems.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 304.06 Records
To Be Maintained.
(a) All records listed
in (c) and (d), below, shall be made available to a department inspector during
a scheduled inspection.
(b) The owner shall
maintain the records identified in (c), below, for not less than 3 years from
the date of creation or receipt, as applicable, provided that if the owner has
been notified of a pending inquiry into a suspected violation of requirements
applicable to the facility, the owner shall retain the records until the later
of:
(1) The date the owner is notified by the
department that no action will be taken;
(2) The date the owner is notified by the
department that the action taken has been resolved;
(3) The date a final decision is issued in an
appeal of any action taken by the department, including any appeal under RSA
541; or
(4) The date the last appeal period expires
without an appeal being filed.
(c) The following
records shall be retained as established in (b), above:
(1) Results of monthly exterior inspections
required by Env-Or 306.07;
(2) Copies of all correspondence that relates to
the facility from the department, the
(3) Records of the type of oil stored in each
tank and the date of any conversion described in Env-Or 304.04(b)(5);
(4) Records of inventory monitoring required by Env-Or 306.03; and
(5) Any record required to be
maintained by Env-Wm 1402.07(b) or Env-Wm 1402.34(c) that is still within the
retention period specified therein.
(d) Subject to (e),
below, the owner shall maintain the following records for the operating life of
the facility:
(1) Dates and description of replacement of
permanent components and substantial modification to AST systems;
(2) Results of all tightness tests performed on
piping associated with the AST systems;
(3) A copy of the facility registration(s) and
any amendments;
(4) Copies of all plans for the facility
submitted and approved pursuant to Env-Wm 1402.17 or Env-Or 307.01 through Env-Or 307.05;
(5) Closure and other site assessment reports;
(6) Results of all insulated tank and insulated
piping inspections and interior AST inspections required by Env-Or 306.08 and Env-Or 306.09;
(7) Results of all cathodic protection system
testing at the facility required by Env-Or 306.11;
(8) Equipment maintenance schedules and logs, including frequency,
procedure performed, and identification of who performed the maintenance;
(9) Repair records, including component repaired, method of
repair, and identification of who performed the repair;
(10) Records of oil discharges; and
(11) Any record required to be maintained
by Env-Wm 1402.07(b) or Env-Wm 1402.34(d) that is not subject to a 3-year
retention period.
(e) Any owner who
discarded records included in (d), above, prior to the 2013 effective date of
this chapter based on a good-faith belief that on-going retention was not
required shall not be deemed to be out of compliance with the record retention
requirements established in (d), above, with respect to the discarded records.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 304.07 Transfer
of Facility Ownership. When ownership of an
AST facility is transferred, then:
(a)
The new owner shall file an amended registration form with the department
no later than 30 days after the transfer; and
(b)
The owner who is transferring ownership shall:
(1)
Notify the department of the transfer of ownership no later than 10 days
after the transfer; and
(2)
Deliver to the new owner all documents and information related to the
facility that are required to be maintained by Env-Or 304.06.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 304.08 Owner Liability. The owner of an AST facility may delegate any
responsibility imposed by Env-Or 300 to an operator, but any such delegation
shall not relieve the owner from liability for non-compliance with the
requirements in this chapter.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 305 EQUIPMENT
STANDARDS
Env-Or 305.01
Tank Standards for AST Systems Installed
On or After
April 25, 1997. Any tank installed on or after
April 25, 1997 that is part of a facility listed in Env-Or 301.02(a) that does
or will contain oil shall:
(a) Be constructed of steel or other materials as
applicable fire safety standards allow;
(b) Be certified by its
manufacturer as meeting or exceeding the following design or manufacturing
standards, as applicable:
(1) UL 142, for shop-fabricated steel tanks;
(2) UL 142 and UL 2080,
for fire resistant tanks;
(3) UL 2085, for protected tanks;
(4) UL 2245, for
below-grade vaults;
(5)
(6)
(7)
(8)
(9)
(10)
(c) Subject to Env-Or
305.02, be located, designed, and installed in accordance
with the following NFPA standards, as applicable:
(1) NFPA 30A, for AST
systems used in the storage of oil at automotive and marine service stations;
(2) NFPA 31, for AST
systems used in the storage of oil directly associated with on-premise-use
heating, as required by RSA 146-E:4, I;
(3) NFPA 110, for emergency and standby power AST
systems; or
(4) NFPA 30, for all
other AST systems subject to this part;
(d)
If designed to be on the ground, be separated from the ground by a
barrier that:
(1)
Will not deteriorate due to exposure to the elements or soil in the
presence of oil; and
(2)
Is either:
a. A separate layer constructed of a material
that is at least as impermeable as 60-mil high-density polyethylene; or
b. A double bottom on the tank itself with interstitial monitoring
as specified in Env-Or
305.12; and
(e)
Have continuous corrosion protection as specified in Env-Or 305.06 for any steel or other metal that is part
of the AST system and that is in contact with the ground.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.02 Variances Issued by State Fire
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
305.03 AST Markings Required.
(a) Any tank that is part of a facility listed in Env-Or 301.02(a) shall be marked with information regarding the
product stored.
(b)
Any tank that is part of a facility listed in
Env-Or 301.02(a) other than 55-gallon drums having no connected piping
also shall be marked with system specifications, as listed in (d), below.
(c)
All lettering shall be at least 2 inches high in a color that contrasts
with the color of the tank, so as to be readily discernable from the distance
at which the lettering will typically be viewed.
(d)
The system specifications information required by (b), above, shall
include:
(1) The appropriate identification of the hazards
of materials for emergency response system symbol meeting the requirements of
section 21.7.2.1 of NFPA 30;
(2) The tank number corresponding to the tank
number identified on the facility registration(s) as described in Env-Or 304.02 or predecessor rule in Env-Wm 1402.05; and
(3) The safe fill volume or safe fill height of
the tank, which corresponds to the height at which the high level alarm is
activated, in the same units as indicated on the tank
gauge.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.04 Piping Standards
for AST Systems.
(a)
Any piping system installed on or after
April 25, 1997 that is
not in contact with the soil shall be constructed in
accordance with
(b)
No piping system component that will be in contact with the oil, including
but not limited to all gaskets and sealants, shall be used
as part of an AST system unless:
(1) The manufacturer of the
component has listed the component as being compatible with the
oil that will be stored; or
(2) If
the component manufacturer does not maintain a list such as identified in (1),
above, the component is made of a material that is generally accepted in the
industry as being compatible with the oil that will be stored.
(c)
Any fill pipe that is connected to a pump-filled AST installed on or after April 25, 1997 in
such a way that backflow from the receiving tank is possible shall be equipped
with a properly-functioning check valve or equivalent device that provides
automatic protection against backflow.
(d)
Each tank connection through which oil can normally flow shall be
equipped with an operating isolation valve that is located as close as
practicable to the shell of the tank, unless the tank connection is located at
a point higher than the highest liquid level in the tank, such as at the top of
the tank.
(e)
All aboveground piping installed on or after April 25, 1997 that is 12
inches National Pipe Thread (NPT) size or less
shall be constructed of:
(1) Carbon steel, schedule 40 or greater;
(2) Stainless steel, schedule 40 or greater;
(3) Galvanized steel,
schedule 40 or greater; or
(4) Type L or K annealed
copper tubing, except as noted in (k), below.
(f)
All aboveground piping installed on or after April 25, 1997 that is greater
than 12 inches NPT size shall be of standard grade according to
(g)
All joints on steel piping installed on or after April 25, 1997 that is 2 inches NPT size or greater shall be welded or welded
flanged.
(h) All steel or metallic piping in contact with
soil shall be cathodically protected by an impressed current
system or sacrificial anode system that is designed and installed in accordance
with Env-Or 305.06.
(i)
Cathodic protection of metal piping shall not be required if the pipe is
totally electrically isolated from the soil
by:
(1) Being
elevated above the ground surface; or
(2) Using
secondary containment sufficient to place the pipe in a non-corrosive environment.
(j) Copper piping shall not be used in any AST
system that requires the use of:
(1) Piping greater than 1/2 inch NPT size; or
(2) Piping to transfer oil under pressure, except
for a boiler return line that enters the top of the tank and has no valves or
obstructions.
(k)
Copper tubing that is in contact with soil or that passes through
concrete or other building materials shall be contained in a continuous
non-metallic sleeve or otherwise protected from damage and corrosion.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.05 Additional Requirements Specific to
Underground Piping.
(a)
Underground piping systems installed on or after April 25, 1997 shall
be designed, constructed, and installed with access and isolation points that
allow independent pressure testing of piping without the need for excavation.
(b) All components of
an underground piping system installed on or after April 25, 1997 shall:
(1) Have secondary
containment as specified in (f), below, and Env-Or 305.07; and
(2) Be constructed of fiberglass reinforced
epoxy, flexible thermoplastic extrusions, carbon steel, stainless steel,
galvanized steel, or type
K annealed copper tubing that meets the applicable standards listed in
(c) through (g), below.
(c)
Fiberglass reinforced epoxy piping shall be certified by its
manufacturer as meeting
(d) Thermoplastic
extrusion flexible piping shall be certified by its
manufacturer as meeting
UL Standard for Non-Metallic Underground Piping for Flammable Liquids, Subject
971.
(e) Steel
piping installed on or after April 25, 1997 shall:
(1) Be carbon steel,
stainless steel, or have a galvanized coating if the galvanization is
compatible with the oil stored;
(2) Be schedule 40 or
heavier; and
(3) Be installed as specified in
(f) If
the secondary containment for steel piping is metal, it shall:
(1) Have a protective wrapping or di-electric
coating; and
(2) Be cathodically protected by an impressed
current system or sacrificial anode system.
(g) Type K annealed copper tubing shall be used
only as allowed by Env-Or 305.04(k).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.06
Corrosion Protection for Tanks and Piping.
(a)
Corrosion protection for AST bottoms that were installed on or after April 25, 1997
and are in contact with the soil shall:
(1) Consist of a sacrificial anode system or an
impressed current system designed, fabricated, and installed in accordance with
(2) Be designed and
installed with oversight by a corrosion expert;
(3) Be designed to provide corrosion protection
for the expected active life of the AST system or to allow for the periodic
rehabilitation of the anode system; and
(4) Have a test station or other method of
monitoring that enables the owner to confirm that the cathodic protection
system is operating properly.
(b)
Corrosion protection for piping systems shall be designed and
constructed in accordance with NFPA 30,
(c)
With the exception of insulated tanks and insulated piping addressed as
specified in Env-Or 306.07, 306.08, and 306.10, the exterior surfaces of all
tanks and exposed piping shall be painted or coated to prevent corrosion or
other deterioration.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.07 Secondary
Containment for AST Systems Required. No person shall
construct an AST system without secondary containment for the ASTs as specified
in Env-Or 305.08 and for the piping systems as specified in Env-Or 305.09.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.08 Secondary
Containment for ASTs.
(a)
Secondary containment for an AST shall be constructed so that spills
will not permeate into the soil more than one foot in 72 hours, or infiltrate
or otherwise escape to the groundwater or surface waters before cleanup can
occur.
(b) Secondary containment for an AST shall
consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps,
receiving tanks, or other equipment capable of containing the product stored,
or any combination thereof.
(c)
Secondary containment for an AST shall have sufficient storage capacity
to contain the full capacity volume of the largest single tank within its
enclosure, if it is covered so as to prevent the collection of precipitation.
(d) If the secondary
containment is not covered so as to prevent the collection of precipitation, it shall have additional storage capacity to also contain the greater of:
(1) Ten percent of the full capacity volume of the
largest tank within its enclosure; or
(2) The volume of precipitation that would fall
within the containment area in a 24-hour period during a 10-year storm event,
as determined by the rational method for determining stormwater runoff as
described in the Stormwater Management and Erosion and Sediment Control
Handbook for Urban and Developing Areas in
(e)
If the secondary containment for an AST consists of dikes surrounding
the tank, construction of the dikes shall be in accordance with NFPA 30.
(f)
Secondary containment and lining materials shall be designed and
constructed to meet permeability requirements for the operational life of the
AST system.
(g)
The provisions of (a) through (f), above, shall not apply to any tank
that is located inside a building, provided:
(1) The installation of the tank complies with NFPA 30 or NFPA 31, as applicable;
(2) The entire floor of the room in which the
tank and its associated piping is located is constructed of concrete or an
impervious material;
(3) The floor does not have any floor drains,
cracks, or openings that would permit the migration of oil through the floor;
and
(4) A release of the total contents of the tank
would be contained in the room in which the system is situated.
(h) A double-walled
tank may be used in lieu of the requirements of (b) through (e), above, if the
double-walled tank is installed with all of the following:
(1) Overfill protection as specified in Env-Or 305.11;
(2) Interstitial monitoring, as specified in Env-Or 305.12(a) and (b);
(3) A mechanism that will automatically prevent
the flow of oil to the tank when the tank is:
a. Filled to 95 percent of the total capacity of
the tank, for tanks with a storage capacity of 12,000 gallons or less; or
b. Filled to one percent less than the
calculated maximum safe fill height, for tanks with a storage capacity of
greater than 12,000 gallons.
(i)
If the secondary containment area is not covered so as to prevent the
collection of precipitation, it shall be equipped with a manually-operated
device, such as a manually-controlled pump or siphon or a gravity drain pipe
that has a manually-controlled valve, that will allow collected precipitation
to be removed when no oil is present.
(j)
Gravity drain pipes shall be designed and constructed to prevent a
release in the event of fire.
(k)
Any opening where piping passes through a secondary containment
structure shall be sealed around the outside of the piping with an impervious,
compatible material to prevent the discharge of oil from the containment.
(l) With the exception of hand-filled ASTs and
ASTs using vent whistles for overfill protection, any AST that has any vent
located such that an overfill would not be contained within
the secondary containment shall have additional overfill protection as specified in (h)(3), above.
(m) With the exception of ASTs that are
hand-filled and ASTs using vent whistles for overfill protection, any AST fill
connection point that is not otherwise within secondary containment shall be
within a covered spill container with a minimum capacity of 5-gallons in order to prevent the release of oil to the environment
when a transfer hose is detached from a fill or transfer pipe.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.09
Secondary Containment for AST Piping Systems.
(a)
All underground piping that is part of an AST piping system
shall have secondary containment that is:
(1) Double-wall piping meeting the requirements
of Env-Or 305.04; or
(2) An engineered piping trench system.
(b)
All AST
piping system components that extend over the surface waters
of the state that are not regulated by the U.S. Coast Guard pursuant to 33
(c)
Any AST
piping system with secondary containment shall be continuously pitched to direct any leakage from the
primary piping to a liquid-tight
containment sump that has leak monitoring as specified
in Env-Or 305.12(d).
(d) Each AST dispenser
attached to an AST system that is supplied by underground or over-water piping shall be equipped with a liquid-tight
containment sump that has leak monitoring as specified in Env-Or 305.12(d).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.10 Transfer Pumps.
(a)
With the exception of transfer pumps temporarily used for maintenance
purposes, no person shall install an oil transfer pump directly on the ground
surface.
(b) With the exception of
transfer pumps temporarily used for maintenance purposes, an oil transfer pump shall be:
(1)
Secured to and separated from the ground surface by a concrete pad or
other impermeable barrier; and
(2)
Firmly secured to a foundation capable of supporting the weight of the
pump and the mechanical stresses commonly associated with the operation of the
pump.
(c)
For purposes of this section, “temporarily used for maintenance
purposes” means the pump is:
(1) Brought to an AST system not more than 5
business days prior to being used; and
(2) Removed from the site not more than 5
business days after being used.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.11 Overfill Protection.
(a)
Unless excluded under (e), below, each AST system shall be equipped with
a gauge or other automated measuring device
that accurately shows the level of product
in the tank and is accessible to the transfer
operator prior to initiating the transfer.
(b)
Each AST system shall have a high level
warning alarm that:
(1)
Operates independently of the gauge required by (a), above; and
(2) Is
both audible and visible to the transfer operator.
(c)
The high level warning alarm required by
(b), above shall be activated when:
(1) The tank is filled to 90 percent of the total
capacity of the tank, for tanks with a storage capacity of 12,000 gallons or
less; or
(2) The tank is filled to 3 percent less than the
calculated maximum safe fill height, for tanks with a storage capacity of
greater than 12,000 gallons.
(d)
In any AST system having an oil storage capacity
of 660 gallons or less, a vent alarm may be used in lieu of the high level
alarm if:
(1) The delivery hose
fits tightly to the fill pipe;
(2) The opening for the vent pipe is located no
more than 10 feet from the fill pipe connection and is visible to the transfer
operator; and
(3) The vent alarm is
audible to the transfer operator.
(e)
The requirements of this section shall
not apply to the following containers when not connected to other containers:
(1) Drums less than 60 gallons in size; and
(2) Intermediate bulk containers or overpack
drums as identified in NFPA 30.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 305.12 Interstitial Leak Monitoring for AST Systems.
(a)
Interstitial spaces installed on or after April 25, 1997 in an AST system shall be
equipped with interstitial monitoring equipment.
(b)
The interstitial monitoring equipment shall be:
(1)
Capable of detecting both a discharge of oil from the inner container
and an intrusion of water from the surrounding environment into the interstitial space; and
(2)
Constructed such that the testing or sampling methods used are not
rendered inoperative by groundwater, rainfall, or soil moisture.
(c)
The requirements of (a) and (b), above, shall not apply to double-walled
tanks that:
(1) Are
not in contact with the soil; and
(2) Are
completely surrounded by secondary containment as specified in Env-Or 305.08.
(d) Interstitial monitoring equipment for
double-wall piping shall consist of a continuously operating sump sensor with
alarm that is both visible and audible to the AST system operator.
Source. (See Revision Note at chapter heading for Env-Or
300) #10487, eff 2-7-14
Env-Or 305.13 Oil Transfer and Dispensing Areas.
(a) Each area where
oil is transferred from a cargo truck or
railcar engaged in the transport of oil to an AST system shall be constructed
of a concrete pad or other impermeable surface that is of sufficient size for all connection points to be situated over the impermeable area when oil is being
transferred.
(b)
Each
area where oil is transferred from an AST system to a
cargo truck or railcar engaged in the transport of oil shall be constructed of
a concrete pad or other impermeable surface that is of sufficient size for the entire tank portion of the cargo
truck or railcar being filled to be situated over the impermeable area when oil
is being transferred.
(c)
Each
area where oil is transferred from an AST system to the fuel tank of a motor vehicle (dispensing
area) that was not used prior to May 28, 2005 shall be constructed of a
concrete pad or other impermeable surface.
(d)
The concrete pad or
impermeable surface required by (c), above, shall be:
(1) Of sufficient size for
the entire motor vehicle being fueled, exclusive of any trailers, to be situated over the impermeable area when oil is being transferred; and
(2) Equipped with positive
limiting barriers capable of containing a volume of at least 5 gallons for each
dispenser in that dispensing area.
(e) Dispensing nozzles shall not extend beyond
the positive limiting barriers required by (d)(2), above.
(f) Subject to (g), below, each dispensing area that was
in use prior to May 28, 2005 that does not have an impervious surface as
specified in (c), above, as of February 7, 2014 shall install a concrete pad or
other impermeable surface that complies with (d), above, on or before February
7, 2016.
(g) Political
subdivisions shall be exempt from (f), above, unless the local legislative body
votes to fund compliance or the state provides full funding.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
305.14 Release Detection for AST
Systems.
(a)
The owner of an AST system installed on or after April 25, 1997 shall provide, as applicable:
(1) Beneath a tank that is not
completely raised above ground level, perforated gravity
collection pipes or channels that can be monitored for the presence of a
release; or
(2) Beneath
a vertical tank, a finished concrete pad that extends completely beneath the
tank and has a series of channels measuring no more than 1.5 inches wide and
0.75 inches deep extending radially outward from the center of the pad to
beyond the edge of the tank.
(b)
All pressurized underground and over-water motor
fuel dispenser piping systems installed on or after May 28, 2005 shall:
(1) Be equipped with a
UL-listed line leak detector capable of detecting a line leakage rate of 3
gallons per hour at 10 pounds per square inch; and
(2) Automatically shut-off
or restrict product flow if the leakage rate is exceeded.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 306 OPERATING,
TESTING,
Env-Or 306.01 Operation and On-going Maintenance.
(a)
No person shall operate an AST system that does not have secondary
containment in compliance with Env-Or 305.07.
(b)
Secondary containment and lining materials shall be maintained to meet permeability
requirements for the operational life of the AST system.
(c)
If gravity drain pipes are used in secondary containment, all valves
shall be locked in a closed position except when a controlled discharge of
stormwater is being conducted.
(d)
No person shall operate an oil transfer pump unless it has been
installed as required by Env-Or 305.10.
(e)
All tanks and connected piping shall be maintained so as to prevent leaks
or seeps.
(f) The markings
required by Env-Or 305.03 shall be maintained so as to be readily discernable
from the distance at which the lettering will typically be viewed.
(g) The paint or other coating required by Env-Or 305.06(c) shall be maintained so as to prevent corrosion of the underlying metal.
(h) The concrete pad or impermeable surface
required by Env-Or 305.13(c) for oil transfer and dispensing areas and
the positive limiting barriers required by Env-Or 305.13(d)(2) shall be
maintained so as to prevent any contained oil from escaping to the environment.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.02 Spill Prevention Control and
Countermeasure Plan.
(a)
Subject to (f), below, the owner of an AST facility that is subject to
this chapter shall prepare and implement a Spill Prevention, Control, and
Countermeasure (SPCC) Plan to establish release prevention measures and
effective response procedures for releases from the AST system(s) at the
facility.
(b)
The SPCC Plan shall be:
(1)
Prepared as described in 40
(2)
Certified by a professional engineer authorized under RSA 310-A to work
in New Hampshire (PE), except as provided in (d), below.
(c)
The owner shall submit a copy of the signed and PE-stamped certification
page of the SPCC Plan to the department within 60 days of implementation of any
new or revised SPCC Plan.
(d)
In accordance with RSA 146-A:11-c, I-a, the owner of a
qualified facility may prepare and implement an SPCC Plan for the facility that
is not prepared
or approved, or certified, by a professional engineer.
(e)
The owner of a qualified facility shall submit a copy of the signed
self-certification page of the SPCC Plan to the department within 60 days of
implementation of any new or revised SPCC Plan.
(f)
An SPCC Plan shall not be required for an AST facility having a combined
oil storage capacity of 1,320 gallons or less if all of the following criteria
are met:
(1) The
facility meets all applicable equipment standards specified in Env-Or 305;
(2) The
facility is in compliance with Env-Wq 401.04 relative to storage of regulated
substances; and
(3) The
facility is not used for fueling water craft.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.03 Inventory Monitoring; Investigation of
Discrepancies Required.
(a) The owner of an AST
facility shall conduct monthly inventory monitoring for each AST system at the facility in which
any portion of the AST system’s primary tank
shell or primary piping is in contact with the ground, soil, or concrete foundation slab and does not have
release detection as specified in Env-Or 305.14.
(b)
The owner of an AST system that is subject to inventory monitoring
shall:
(1)
Maintain separate written records for each AST or interconnected system;
and
(2)
Certify the accuracy of the inventory monitoring by signing the records.
(c)
AST inventory control measurements shall be reconciled by comparing
product measurements with shipments, deliveries, and internal transfers.
(d)
The owner shall investigate and resolve the cause of any unexplained
loss in inventory of 2.0 percent or more of throughput in the monitoring
period, as indicated by the recording and reconciliation of inventory records.
(e)
If the investigation shows that a discharge of oil has occurred or could
be imminent, the owner shall proceed as specified in Env-Or 306.10.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
306.04 Cargo Truck Oil Transfers.
(a) Oil transfers
shall be performed in accordance with 49
(b)
The direct transfer of oil from the cargo tank of a
cargo truck to the cargo tank of another cargo truck shall be prohibited,
except during an emergency situation as authorized by emergency response
personnel.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.05 Management
of Stormwater and Other Precipitation.
(a) Stormwater or
other precipitation that collects at an AST facility within a secondary
containment area or oil transfer containment area shall be removed by the
manually-activated pump or siphon or gravity drain pipe with which the
containment area is equipped.
(b) No person shall
undertake a controlled discharge of stormwater to the environment from an oil
transfer containment area or secondary containment structure unless the
stormwater has no oil sheen or known gasoline contamination.
(c) Stormwater that is
contaminated with oil shall be discharged to an enclosed container for
transport to a location authorized to receive the contaminated water, unless a
groundwater discharge permit is obtained in which case the stormwater shall be
treated to remove the oil prior to discharge in compliance with the permit.
(d) All stormwater
discharges shall be performed in accordance with all applicable local, state,
and federal requirements.
(e) Accumulated
stormwater shall be drained as soon as practical and frequently enough to ensure
that sufficient containment volume is always available to contain a release
from the largest tank being contained.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.06 Inspection
Reports: Contents and Signatures.
(a) Each inspection
report required by Env-Or 306.07 through Env-Or 306.09 shall contain the
following information:
(1) The date of the inspection;
(2) The name and position of the individual
conducting the inspection;
(3) The tank registration number of the specific
AST system, AST, or piping being inspected, as applicable;
(4) Whether any of the conditions for which the
inspection is being conducted, as identified in the applicable section, were
observed and, if so, where and on which equipment or structure the conditions
existed; and
(5) For each condition noted pursuant to (4),
above:
a. A description of the condition in sufficient
detail that it can serve as a point of reference for future inspections; and
b. A recommendation either that the condition be
monitored or that the component be repaired, replaced, or taken out of service.
(b) Each inspection report
required by Env-Or 306.07 through Env-Or 306.09 shall be signed by the
individual who conducted the inspection.
Such signature shall constitute certification that the information
provided is true, complete, and not misleading to the knowledge and belief of
the signer.
(c) The signature on
an inspection report prepared by a certified AST inspector required by Env-Or
306.08 and Env-Or 306.09 shall include the inspector’s
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.07 Exterior
Inspections of AST Systems.
(a) The owner of an AST
facility shall conduct an exterior inspection as specified in (b), below, of
each AST system at the facility not less than monthly for any unusual operating
conditions, such as:
(1) Deficiencies
such as leaks, surface wetting, discoloration, blistering, or evidence
of corrosion, cracks, chime distortion, or other structural damage; and
(2) Cracks, areas of wear, visible shell
thinning, evidence of poor maintenance and operating practices, excessive
settlement of structures, separation or swelling of tank or piping insulation,
malfunctioning equipment, and structural and foundation weaknesses.
(b) The inspection
required by (a), above, shall include inspecting:
(1) For insulated tanks and insulated piping, all
exterior surfaces of insulation;
(2) For other than insulated tanks and insulated
piping, all exterior surfaces of tanks, secondary containment, pipes, valves
and other associated equipment;
(3) All exterior surfaces of tank and piping
supports; and
(4) All visible system components of each
high-level alarm and each leak detection system which is in place at the
facility.
(c) The owner shall
document each exterior inspection by recording the information required by
Env-Or 306.06(a) in a log or other record that is maintained as specified in
Env-Or 304.06 and by signing the log or other record as specified in Env-Or
306.06(b).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.08 Inspection
of Insulated Tanks and Insulated Piping.
(a) The owner of an
insulated tank or insulated piping shall engage a certified AST inspector to
conduct an inspection for exterior corrosion of the tank or piping in
accordance with the schedule specified in (b), below, and the procedures
specified in (c), below.
(b) Inspections of
insulated tanks and insulated piping shall be performed on the following
schedule:
(1) An initial inspection shall be performed on
or before February 7, 2017 or within 10 years of installation, whichever is
later; and
(2) Following the initial inspection, an
inspection shall be performed at least once every 10 calendar years.
(c) An inspection
complying with (a), above, performed prior to February 7, 2014 shall qualify as
the initial inspection required by (b)(1), above, provided that the owner
maintains a 10-year inspection frequency as specified in (b)(2).
(d) To inspect an
insulated tank or insulated piping, the certified AST inspector shall:
(1) Inspect through inspection ports, if
available, or remove insulation to the extent necessary to determine the
condition of the exterior wall of the tank or piping; and
(2) Determine suitability for continued service
in accordance with
(e) The certified AST
inspector shall document each inspection of an insulated tank or insulated
piping by:
(1) Recording the information required by Env-Or
306.06(a) in a document that is provided to the owner to be maintained as specified
in Env-Or 304.06, provided that the information required by Env-Or 306.06(a)(4)
shall be whether any conditions that adversely affect the tank or pipe’s
suitability for continued service as specified in
(2) Signing the report as specified in Env-Or
306.06(b)-(c).
(f) Within 60 days of the
date of the inspection, the owner shall submit to the department a copy of the
inspection results and the certification page signed by the certified AST
inspector and including the inspector’s
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.09 Interior
Inspections of ASTs.
(a) The owner of an AST
facility shall have a detailed inspection performed of the interior of each
tank at the facility that has a capacity of 5,100 gallons or more in accordance
with the schedule specified in (c), below, and the procedures specified in (d),
below.
(b) All detailed
interior tank inspections shall be performed by a certified AST inspector.
(c) Detailed
inspections of tank interiors as described in (d), below, shall be performed in
accordance with the following schedule:
(1) For tanks where any part of the shell is in
contact with the ground, the initial inspection for previously uninspected tank
systems shall be performed when the tank is 10 years old;
(2) For tanks where the tank shell is entirely off
the ground, such as tanks on racks or in cradles, the initial inspection for
previously uninspected tank systems shall be performed when the tank is 20
years old; and
(3) Following the initial inspection, an
inspection shall be performed at least every 5 years for tank systems
containing gasoline, and at least once every 10 calendar years of the
in-service life of the tank for tank systems containing other motor fuels,
heating oils, and fuel oils.
(d) Detailed interior
tank inspections shall consist of:
(1) Cleaning the tank such that all visible
evidence of liquids, sludges, by-products, solids, and the like are removed and
the interior surface of the tank is completely visible;
(2) Removing, transporting, and disposing of
sludge in a manner consistent with all applicable state and federal
requirements;
(3) Entering the tank to determine its
suitability for continued service in accordance with
(4) Performing a tightness test in accordance
with NFPA 30 or manufacturer’s specifications on any portion of the piping
system that is underground.
(e) The certified AST
inspector shall document each interior inspection by:
(1) Recording the information required by Env-Or
306.06(a) in a document that is provided to the owner to be maintained as
specified in Env-Or 304.06, provided that the information required by Env-Or
306.06(a)(4) shall be whether any conditions that adversely affect the tank’s
suitability for continued service as
specified in
(2) Signing the report as specified in Env-Or
306.06(b)-(c).
(f) Within 60 days of
the date of the inspection, the owner shall submit to the department a copy of the
inspection results and the certification page signed by the certified AST
inspector and including the inspector’s
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.10 Follow-up
for Inventory Monitoring and Exterior and Interior Inspections.
(a) If inventory
monitoring conducted pursuant to Env-Or 306.03 suggests that a leak is
occurring or if any inspection conducted pursuant to Env-Or 306.07 through
Env-Or 306.09 reveals any condition which suggests that a failure of primary or
secondary containment or of monitoring equipment is imminent and could result
in a discharge of oil or in a failure to detect a discharge of oil, including
that the tank or piping is not fit for service as determined pursuant to API
653, API 2610, API 2611, or STI SP001, as applicable, the owner shall
immediately implement measures to prevent a discharge, by:
(1) Repairing or taking out of service each
component that is causing or contributing to the adverse condition; and
(2) Conducting additional testing in accordance
with Env-Or 306.13 if the cause of the condition is not obvious.
(b) If inventory
monitoring or any inspection reveals that a discharge has occurred, the owner
shall:
(1) Notify the department in accordance with
Env-Or 604; and
(2) Implement an appropriate preliminary response
action in accordance with Env-Or 605.
(c) If any inspection conducted
pursuant to Env-Or 306.07 reveals any deficiency other than those conditions
identified in (a), above, or separated or swollen insulation, the deficiency
shall be repaired within 30 days and the repair noted on the log or record kept
pursuant to Env-Or 306.07(c).
(d) If an inspection conducted pursuant to Env-Or
306.07 reveals separation or swelling of tank insulation or piping
insulation, the inspector shall:
(1) Remove the separated or swollen insulation;
(2) Inspect the underlying tank or piping as
specified in Env-Or 306.07(a)(1); and
(3) Repair or replace the insulation, or
otherwise protect the underlying tank or piping from exposure to corrosive
conditions, within 30 days.
(e) If inspection
conducted pursuant to (d), above, or Env-Or 306.08 reveals significant
corrosion, the corroded areas shall be evaluated and addressed as specified in
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.11 Cathodic Protection Testing.
(a)
Sacrificial anode systems shall be tested within 6 months of installation
and every 3 years thereafter by a cathodic protection tester.
(b)
Monitors for impressed current systems shall be checked not less than
monthly by verifying that electrical current is continuing to flow through the
system.
(c)
If at any time the testing or monitor check required by (a) or (b),
above, shows that the electrical current necessary to prevent corrosion is not
being maintained, the source of the failure shall be investigated and the
system restored within 60 days.
(d) For
any system at a facility that is subject to 42 U.S.C. 4321-4347 or 36
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.12 Annual
Testing Requirements.
(a) The owner of an
AST facility shall test the AST system components listed in (c) and (d), below,
that are used at the AST facility, as specified in (b), below.
(b) The testing
required by (a), above, shall be conducted:
(1) Not less than once in each calendar year,
with at least one test occurring not sooner than 4 months after and not later than
15 months after the prior annual test, provided that if more than one test was
performed in the prior year the owner may choose which test to use for purposes
of the time limits; and
(2) As specified for each component.
(c) Each overfill
alarm system sensor, automatic fill shutoff device, and interstitial alarm
sensor shall be tested:
(1) By removing the sensor or device, as
applicable, from the tank and activating it; or
(2) By testing it pursuant to its manufacturer’s
recommended test procedure.
(d) Each line leak
detector shall be tested in accordance with the manufacturer’s recommended test
procedure.
(e) If any component
is determined to be malfunctioning, the owner shall repair or replace the
component within 30 days.
(f) The owner shall
document component testing in a report that is submitted to the department
within 60 days of the testing, as follows:
(1) The date of the testing;
(2) The name and position of the individual
conducting the testing;
(3) The component being tested;
(4) The tank registration number of the specific
AST with which the component being tested is associated; and
(5) Whether the testing showed that the component
was malfunctioning and, if so, the date on which the component was repaired or
replaced.
(g) For any system at
a facility that is subject to 42 U.S.C. 4321-4347 or 36
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.13 Suspected Discharge and Testing
Requirements.
(a) When a discharge of oil from an AST
system or a leak in an interstitial space of an AST system is suspected and/or
appears probable, the owner shall:
(1) Notify the department
by telephone, fax, or email within 24 hours of discovery; and
(2) Verify the
integrity of the suspect AST system through observation and testing of the suspected
system component as soon as practicable but in any event within 30 days.
(b) The test method
used pursuant to (a)(2), above, shall be:
(1) A
listed test method for the system or component being tested, except that any
component of a field-erected AST system that is covered by
(2) If a listed test method does not exist, the
test method recommended by the manufacturer of the
component; or
(3) If a listed test method
does not
exist and there is no manufacturer’s recommendation, a test method promulgated by a national tank, standards, or petroleum
industry association referenced in Env-Or
303.02 through Env-Or 303.06, such as
(c) The owner shall
notify the department in writing of any interim actions taken, the results of
any testing performed in accordance with (a)(2), above, and any follow-up
repairs or replacements within a reasonable amount of time not to exceed 60 days
of its being performed.
(d) Notification shall
include the following:
(1) A description of interim actions taken;
(2) The location and tank registration number of
the tested AST or of the AST with which the tested component is associated;
(3) The date of the test;
(4) The reason for the test;
(5) The type of test used;
(6) The identity and qualifications of the
individual performing the test;
(7) The results of the testing; and
(8) A description of all follow-up repairs or replacements.
(e) Testing shall be
performed by or under the supervision of an individual certified for that test
by industry associations such as
(f) If any testing
reveals that a discharge has occurred, the owner shall:
(1) Notify the department in accordance with
Env-Or 604; and
(2) Implement an appropriate preliminary response
action in accordance with Env-Or 605.
(g) If any testing
reveals a tank or equipment deficiency, the owner shall repair or replace the
tank or equipment, as applicable, within 30 days.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 306.14 Out
of
(a) If oil is not
introduced to or removed from an AST system designed and intended for the
throughput of oil for 36 months, the AST system shall be taken out of service.
(b) Those AST systems intended
solely for storage, such as back-up tanks for emergency power generation or
long-term energy reserves, shall be considered out of service when the contents
of such a tank has remained at the lesser of the following for the previous 36
months:
(1) One percent of the total system capacity or
less; or
(2) Less than 3 inches in depth.
(c) The owner of an
AST system taken out of service shall:
(1) Remove all oil from the AST and all piping
connected exclusively to that AST;
(2) Secure the AST to prevent unauthorized
entrance or tampering so that oil is not accidentally or intentionally
introduced into the tank, by means such as securely bolting and locking all
tank access points and valves and capping or plugging fill lines, gauge
openings, or pump lines;
(3) Thoroughly clean the interior of the tank and
all exclusively connected piping to remove all sludge, solids, and residual
oil;
(4) Dispose of all oily wastes removed from the
AST system in accordance with all applicable state and federal requirements;
and
(5) Render the tank free of vapors sufficiently
to avoid formation of an explosive atmosphere, and vent the tank to ensure the
tank remains vapor free.
(d) Upon taking an AST
system out of service, the owner shall:
(1) Comply with Env-Or 304.04 relative to filing
an amended registration form;
(2) Stencil the words “out of service” on the
tank in block letters that are at least 2 inches high and in a color that
contrasts with the color of the tank;
(3) For tanks that are visible from the fill pipe
connection, ensure that the stenciling applied pursuant to (2), above, is
readily discernable from the fill pipe connection serving the out-of-service
tank; and
(4) Securely affix a tag as described in (e),
below, at the fill pipe connection serving the out-of-service tank, or, if the
fill pipe is also used to fill active tanks, at the first valve after the fill
pipe connection used to divert flow to the out-of-service tank.
(e) The owner shall
obtain a tag used to signify an out-of-service tank system from the
department. The tag shall remain affixed
to the AST system during the entire time the tank is out of service. The owner shall promptly replace any
mutilated, lost, illegible, or destroyed tag by contacting the department to
obtain another tag.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
306.15 Reactivating Out of
(a) No person shall place
an AST system that has been taken out of service back into service unless and
until the owner certifies to the department in writing that the system is in
compliance with all applicable requirements.
(b) No person shall introduce oil into an AST system
that has been taken out of service unless and until the owner certifies to the
department in writing that the system is in compliance with all applicable
requirements.
(c) An owner who reactivates an AST system that
has been out of service shall notify the department by submitting an amended
registration form as required by Env-Or 304.04 prior to putting the AST system
back into service.
(d) Prior to placing
any AST system back into service, the owner shall:
(1) Thoroughly inspect and test the AST system
for evidence of the following conditions:
a.
Corrosion of the interior or exterior of the tank or associated piping;
b.
Abnormal thinning of the tank walls or bottom;
c.
Perforations through the tank walls or bottom; and
d. Any
other condition that could indicate a weakening of the structural integrity of
the AST system or identify a situation that could result in a release from the
AST system; and
(2) If any of the conditions identified pursuant
to (1), above, are found, correct all such deficiencies prior to placing the
system into service.
(e) All testing and
inspections performed pursuant to (d)(1), above, shall be conducted in
accordance with the applicable provisions of this chapter.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 307
INSTALLATION REQUIREMENTS
Env-Or 307.01
Application for Approval of AST Systems and
Piping Systems.
(a)
Effective April 25, 1997, at least 45 days prior to commencing
construction or installation of a new or replacement AST system having an oil
storage capacity of more than 660 gallons that is subject to these rules or
that was subject to Env-Wm 1402, the owner of the existing or proposed facility
shall submit
the application materials specified in (c), below, to
the department.
(b)
Effective May 28, 2005, at least 45 days prior
to commencing construction or installation of any new or replacement underground or over-water piping
systems, the owner of the existing or proposed facility shall submit
the application materials specified in (c), below to the department.
(c)
The application materials required to be submitted by (a) and (b),
above, shall be:
(1) A completed
application form as specified in Env-Or 307.02, signed as specified in Env-Or
307.03;
(2)
Complete plans and specifications as specified in Env-Or 307.04 that
have been prepared and stamped on each page by a New Hampshire-licensed
professional engineer; and
(3) A
spill prevention control and countermeasure plan as specified in Env-Or 306.02.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.02 Required Applicant Information.
(a)
The owner shall provide the following information on an application form
obtained from the department:
(1) The
name, mailing address, daytime telephone number, and email address of each
owner of the AST facility;
(2) The
name and street address, with municipality, zip code, and county, of the AST
facility;
(3) The
name, mailing address, daytime telephone number, and email address, if
available, of each owner of the property on which the AST facility is located,
if other than the owner(s) of the AST facility;
(4) The name, title, mailing address, daytime
telephone number, and email address of the individual who can be
contacted by the department regarding the application; and
(5)
Whether the property already has any AST system(s) and, if so, the
existing facility number.
(b)
The owner shall sign and date the application form. The owner’s signature shall constitute
certification that:
(1) The
information provided is true, complete, and not misleading to the knowledge and
belief of the signer;
(2) The
signer understands that any permit issued based on false, incomplete, or
misleading information shall be subject to revocation; and
(3) The
signer understands that he or she is subject to the penalties specified in RSA
641:3 for making unsworn false statements.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.03 Plans and Specifications. The plans and specifications required by
Env-Or 307.01(c)(2) shall include the following information, as applicable, on
the application form or on separate sheets that are legible but no larger than
22 inches by 34 inches:
(a)
An accurate scaled diagram showing a plan view depiction of the site,
which includes:
(1) A north arrow;
(2) All existing and proposed tanks, piping
systems, and transfer areas;
(3) All existing and proposed structures and
appurtenances;
(4) All existing and proposed water wells,
surface waters, and source water protection areas on the site or within 500
feet of the proposed work; and
(5) Any special flood hazard areas on the site;
(b)
Complete, detailed engineering designs of all existing and proposed
secondary containment, leak detection, oil type, piping including slope and
backfill requirements if underground, transition and dispenser sumps, piping
termination details, flex connectors, foundations and cradles, atmospheric and
emergency vents, gauges, high level alarms, automatic fill shut off devices,
spill boxes, valves, transfer pads with positive limiting barriers, and marking
and coating requirements;
(c)
Complete, detailed engineering designs of the proposed cathodic
protection system, if applicable;
(d)
A locus showing the relation of the proposed AST system site to the
surrounding area, which identifies all water wells,
surface water bodies, and source water protection areas within 500 feet of the site;
(e)
Any other information that will accurately convey the intended AST
system configuration and show compliance with Env-Or 305;
(f)
A complete description of each AST to be installed, including:
(1) The height, length, and diameter of the tank,
and its capacity, in gallons;
(2) Whether the tank is or will be installed in a
horizontal or vertical configuration;
(3) Whether the tank is new or used and, if used,
the certification required by Env-Or 308.01(b);
(4) Whether the tank is or will be shop-fabricated
or field-erected;
(5) What product that will be stored in the tank;
(6) The name and address of the manufacturer, and
the manufacturer’s model number for the tank;
(7) The type of foundation for the tank, and
whether the tank is or will be in contact with soil, concrete, or other
material;
(8) Whether the tank is double-walled;
(9) The UL rating or
(10) Whether the tank will be installed in a
below-grade vault;
(11) The tank supplier’s name and address; and
(12) Any other information needed to describe the
AST;
(g)
A complete description of all piping, including:
(1) Whether the piping is pressurized or suction;
(2) For piping other than schedule 40 steel aboveground
piping, the name of the pipe manufacturer;
(3) For flexible piping, the name of the pipe
manufacturer and the manufacturer’s part number;
(4) The composition of the pipe, as listed in
Env-Or 305.04(f) or (g), as applicable;
(5) The size of pipe, or the range of sizes if
more than one size is proposed;
(6) The pipe schedule;
(7) The method of assembly of the piping system;
(8) The type and average spacing of pipe support
to be used;
(9) The number and type of valves to be used;
(10) The method by which siphoning will be
prevented; and
(11) Any other information needed to describe the
piping system;
(h)
A complete description of all containment and dispenser sumps,
including:
(1) The name of the sump manufacturer and the
manufacturer’s model number;
(2) The material of construction of the sump; and
(3) The name of the sump sensor manufacturer and
the sump sensor model number;
(i) A complete description of all cathodic protection
systems, including:
(1) The type of cathodic protection system,
including the type and spacing of anodes and the source of rectifier power; and
(2) The name, address, daytime telephone number,
and certifying organization and certification number of the designer of the
cathodic protection system;
(j) A complete description of all secondary
containment, including:
(1) The type of secondary containment;
(2) Whether the tank will be inside a building;
(3) The volume of the secondary containment;
(4) Whether
the secondary containment is covered so as to preclude the accumulation of
precipitation and if so, a description of the cover; and
(5) How the accumulated precipitation will be
managed;
(k)
A complete description of all overfill protection, including:
(1) The type of gauges to be used, together with
the name of the gauge manufacturer and the model number of the gauge;
(2) The type of high-level alarm to be used, together
with the name of the alarm manufacturer and the model number of the alarm;
(3) Where the audible/visual alarm will be
located;
(4) The height, measured from the bottom of the
tank, at which the high-level alarm will be activated;
(5) If applicable, the type of the automatic fill
shut-off system to be used, together with the name of the system’s manufacturer
and the model number; and
(6) The height, measured from the bottom of the
tank, at which the automatic fill shut-off system will be activated;
(l)
A complete description of all interstitial leak monitoring, including
the location, manufacturer, and model number of each monitoring device;
(m)
The name, company, mailing address, daytime telephone number, email
address, and New Hampshire PE license number of the engineer of record; and
(n)
The name, company, mailing address, daytime telephone number, email
address, and ICC certification number of the certified installer of record.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.04 Completeness Review.
(a)
Upon receipt of an application, the department shall determine whether
the application meets the requirements of Env-Or 307.01.
(b)
If the application meets the requirements of Env-Or 307.01, the
department shall process the application in accordance with Env-Or 307.05.
(c)
Except as provided in (f), below, if the application does not meet the
requirements of Env-Or 307.01, the department shall notify the applicant in
writing of:
(1) What
is missing; and
(2) The
deadline for submitting the missing components, established based on the type
and volume of the missing component(s).
(d)
Upon notifying an applicant that the application does not contain
everything required by Env-Or 307.01, the department shall suspend further
processing of the application pending receipt of the information missing from
the application.
(e)
No portion of the time between the date a notice is provided pursuant to
(c), above, or (f), below, and the date the applicant responds shall be
included in computing the time limit for acting on the application.
(f)
The department shall notify the applicant by telephone in lieu of
providing a written notice pursuant to (c), above, if:
(1) The
anticipated time required of the applicant to supply the missing information is
less than the anticipated time required of the department to notify the
applicant in writing; and
(2) The
department is able to contact the applicant by telephone.
(g)
If the department provides notice pursuant to (f), above, the department
shall specify in the oral notice the same information required by (c)(1)-(2),
above.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.05 Decision on Application.
(a)
Within 45 days of receipt of a complete set of plans and specifications,
the department shall send the applicant written notice approving or denying the
application.
(b)
The department shall approve the application if the application
demonstrates compliance with all applicable requirements of this chapter.
(c)
The department shall deny the application if the application does not
demonstrate compliance with all applicable requirements of this chapter. If the department denies the application, the
written notice sent pursuant to (a), above, shall specify the reason(s) for the
denial.
(d)
The department shall include such terms and conditions in the approval
as are necessary to ensure compliance with applicable requirements.
(e)
Department approval for installation of an AST system shall not
eliminate the need to obtain applicable approvals and/or permits from the
authority(ies) enforcing the state fire code, the state building code as
defined in RSA 155-A:1, IV, and any applicable local building codes.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.06 Approval to Operate Required.
(a) The owner shall
notify the department to arrange for an inspection prior to introducing oil
into a newly constructed AST system and prior
to backfilling an underground piping system.
(b) The department shall grant approval to
operate the new AST system only if the department:
(1) Determines that the
newly-constructed AST system or piping system has been installed in accordance
with the approved plans and the terms and conditions of the approval issued pursuant to Env-Or
307.05; and
(2) Receives the report
from the certified installation supervisor as required by Env-Or 307.09.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.07 Approval Duration; Extensions.
(a) An
approval to construct issued pursuant to Env-Or 307.06 shall be valid for one
year from the date the approval is issued.
(b)
If construction pursuant to the approval has not commenced within one
year, the approval shall be void.
(c)
If construction of the AST system has been initiated but has not been
completed within one year of the date of approval
issued pursuant to Env-Or 307.06,
the owner shall notify the department and request an
extension of the approval. The
department shall grant a one-year extension if:
(1) Any
tank(s) and any underground portion of the piping system(s) that have already
been installed conform with the approved plan; and
(2) For
any tank(s) and any underground portion of the piping system(s) that have not
yet been installed, the approved plans conform to all then-current applicable requirements.
(d)
If the owner does not request or qualify for an extension under (c),
above, but still wishes to pursue the project, the owner shall submit a new
application as specified in Env-Or 307.01.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.08 Construction Pursuant to Approval; Design
Changes.
(a)
No person shall commence construction unless written approval has been
received from the department in accordance with Env-Or 307.06(b).
(b)
During construction, the owner shall not cause or allow a substantial
design change without first obtaining approval of the change from the
department.
(c)
All substantial design changes shall be approved in writing by the
design engineer of record and resubmitted for department approval.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.09 Requirements
for AST System Installers.
(a)
Effective May 28, 2007, only an individual who is certified for AST
installation and retrofitting by the International
Code Council (ICC) shall supervise the installation of an AST system or
AST system component.
(b)
Following the installation, the certified installation supervisor shall
prepare a written report that contains the following information:
(1) The installation
supervisor’s name and ICC AST certification number;
(2) An explanation of how
the supervisor oversaw the installation of the AST system or AST system
component(s); and
(3) The results of all
pressure tests conducted on the installed system and components.
(c)
The department shall not grant operation approval under Env-Or 307.06
unless the report documents that the requirements of this chapter have been
met.
(d)
Individuals who wish to obtain information on obtaining certification
for installation and retrofitting may contact the International Code Council
(ICC), Los Angeles District Office,
Source. (See Revision Note at chapter heading for Env-Or
300) #10487, eff 2-7-14
Env-Or 307.10 AST System Design Standards.
(a) AST systems installed on or after
April 25, 1997 shall be located and spaced as specified in Env-Or 305.01(c).
(b)
AST systems installed on or after April 25, 1997 shall not be
constructed within the floodway portion of the special flood hazard area.
(c)
AST systems and associated pipes and distribution equipment installed on
or after April 25, 1997 shall not be located along highway curves or otherwise exposed to traffic hazards without
suitable protection. For the purposes of
this rule, suitable protection means a barrier that will protect the AST system
against an impact equal to the design speed of the roadway.
(d)
AST systems installed on or after April
25, 1997 shall be physically protected from vehicular
collision by fencing, barriers, or bollards, subject to the following:
(1)
Bollards shall be spaced no more than 4 feet apart; and
(2) All
barriers shall be painted with a reflective paint or be partially covered with
a reflective tape.
(e) At any site that did not have an AST system prior to January
21, 2009 at which construction of an AST system is proposed on or after January
21, 2009, no AST system shall be located closer than the applicable
distance specified in Table 307-1:
Table 307-1: Minimum Distance from AST
System to Water Supply Sources
Contents of AST |
PWS Source |
Non-Public Water
Supply Well |
Gasoline |
at
least 500 feet |
at
least 250 feet |
Heating
oil used only for on-premise heating |
outside
of protective radius |
at
least 75 feet |
Oil
other than gasoline used only for on-premise emergency electrical generation |
outside
of protective radius |
at
least 75 feet |
All other contents |
at least 400 feet |
at least 75 feet |
(f) No AST system
shall be added, substantially modified, or replaced
within the sanitary protective area of a public water system source.
(g) At any site that
did not have an AST system prior to January 21, 2009 at which construction of
an AST system is proposed on or after January 21, 2009, no AST system shall be
located within 75 feet of surface waters of the state unless it is at a marina,
hydro electric facility, or the facility
receives oil by way of waterborne transportation.
(h) At any site that
had an AST system prior to January 21, 2009, if the minimum separation distance
specified in (e) or (g), above, are not
met, the addition, substantial modification, or replacement of an AST system
shall not decrease the separation distance.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 307.11 Installation of AST Systems.
(a)
AST systems installed on or after April
25, 1997 shall be installed in accordance with the manufacturer’s requirements
and national and industry codes as reflected in the plans and specifications approved
by the department pursuant to Env-Or 307.05.
(b)
Items installed on or after April 25, 1997 for which no manufacturer’s
requirements are provided shall be installed according to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c)
Before being placed in service, all tanks and piping,
whether new or reconditioned, shall be tested for tightness and inspected
in accordance with the requirements specified in
(d)
Secondary containment liners constructed of natural materials shall be
certified as meeting the permeability standard specified in Env-Or 305.08(a) by
a New Hampshire-licensed professional engineer based on testing conducted in
accordance with
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 308 REMOVAL;
CLOSURE; REUSE
Env-Or 308.01 Removal
of AST Systems Required If Not Being Used.
(a) Subject to (b),
below, the owner of an AST system shall clean the AST system
as specified in Env-Or 306.14(c) and remove
the AST system from the property no later than:
(1) The date on which a
shop-fabricated AST system has not had oil introduced to or removed from it for
10 years; or
(2) The date on which a field-erected
AST system has not had oil introduced to or removed from it for 15 years.
(b) Removal shall not
be required if the owner provides written certification from a certified tank
inspector to the department certifying that the AST system meets all standards
for new AST systems.
(c) An owner who has
dismantled and removed an AST system shall notify the department not later than
30 days after beginning the planned removal, by submitting an amended
registration form as described in Env-Or 304.04.
(d) If evidence of
soil or groundwater contamination from oil is detected by assessment,
observation, or analysis during or as a result of the tank closure, the owner
shall notify the department immediately and comply with all applicable
requirements of Env-Or 600.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 308.02 Site
Assessment After Removal.
(a) After dismantling
and removing an AST system, the owner shall assess the site to determine
whether there is soil or groundwater contamination, or both, attributable to
the AST system if:
(1) Any tank, valve, pump, or section of piping
was in contact with the ground and did not have secondary containment; or
(2) There is evidence that oil has been released
from the AST system.
(b) The assessment to
determine if any contamination is present shall be performed using the
following investigative methods, as applicable:
(1) Test pits shall be excavated or soil borings
advanced in the immediate vicinity of the AST system, and representative soil
or groundwater samples shall be obtained;
(2) Soil or groundwater samples shall be obtained
from the ground surface immediately beneath the tanks, the test pits or soil
borings, and beneath the adjacent system piping; and
(3) All existing release detection devices or
subsurface monitoring locations shall be sampled.
(c) The soil or
groundwater samples shall be screened for the presence of contamination in the
field using sensory observation and an organic vapor analyzer.
(d) A subset of those
soil and groundwater samples screened which are representative of the
conditions found in the vicinity of the AST system that was dismantled and
removed, which includes a sample obtained from the same location as the
screened sample that contained the highest concentration of volatile organics,
shall be submitted to a laboratory accredited pursuant to Env-C 300 for
analysis.
(e) The soil and
groundwater samples collected pursuant to (d), above, shall be analyzed for:
(1) Volatile organic compounds (VOC) in the water
matrix, and VOC and total petroleum hydrocarbons (TPH) as gasoline in the soil
matrix, if the system stored gasoline or similar
weight product(s);
(2) VOC and polycyclic
aromatic hydrocarbons (PAH) in the water matrix, and VOC, PAH, and TPH as fuel
oil in the soil matrix, if the system stored diesel fuel, fuel oils, used oil,
or similar weight product(s); and
(3) Arsenic, barium, cadmium, chromium, lead,
mercury, selenium, and silver using the toxicity characteristics leaching
procedure (TCLP) as defined in method 1311 of SW-846, “Test Methods for the
Evaluation of Solid Waste, Physical/Chemical Methods”
in the soil matrix if the system stored used oil.
(f) Laboratory
analysis methods for the analyses described in (e), above, shall be as
specified in Env-Or 600.
(g) Results of the
assessments performed under (b) and (c), above, and the laboratory analysis of samples
performed under (d) and (e), above, shall be submitted to the department within
60 days of the AST system dismantling.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 308.03 Re-Use and Disposal of Used ASTs.
(a) An AST that has
been removed shall not be reinstalled for the purpose of oil storage unless it
meets all applicable standards for new tanks specified in Env-Or 305 at the
time the tank is to be installed.
(b) A used AST that
meets the standards for new tanks specified in Env-Or 305 may be reinstalled
for oil storage only after it has been:
(1) Thoroughly cleaned, both internally and
externally;
(2) Inspected after cleaning to determine that it
has no pinholes, cracks, structural damage, or corrosion; and
(3) Determined to be structurally sound by a
certified AST inspector.
(c) If a
shop-fabricated AST is to be disposed of as scrap, the owner shall first:
(1) Test the AST for vapors;
(2) Render the AST vapor free, if necessary; and
(3) Punch holes in the AST to make it unfit for
storage of liquids.
(d) ASTs and AST
systems shall not be reused for the storage of food or potable water.
(e) A tank that was
designed for installation as an underground storage tank shall not be installed
or used as an AST.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 309 SPECIAL SYSTEMS
Env-Or 309.01 Applicability. The rules in this part shall apply as
follows:
(a) Env-Or 309.02 shall apply to any AST system
designed and used to store oil in the solid phase at atmospheric temperature
and pressure;
(b) Env-Or 309.03 shall apply to any location
where any oil-filled electrical equipment individually contains more than 660
gallons of oil;
(c) Env-Or 309.04 shall apply to any AST system with an oil storage
capacity of more than 660 gallons but not more than 1,320 gallons that:
(1) Is included
in Env-Or 301.02(a)(1) but not in Env-Or 301.02(a)(2);
(2) Is located at a construction site; and
(3) Is installed and exists only for the specific
duration of the construction contract for which it is used, not to exceed one
year;
(d) Env-Or 309.05
shall apply to any AST having a capacity of not more than 330 gallons that:
(1) Contains heating oil for on-premise heating
only; and
(2) Is at an AST facility that is included in
Env-Or 301.02(a); and
(e) Env-Or 309.06 shall apply to use of cargo
trucks by commercial/industrial enterprises or by the military.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 309.02 AST Systems Containing Oil that is a Solid
at Atmospheric Temperature and Pressure.
(a)
Any AST system that contains oil that
is in the solid phase at atmospheric temperature and pressure shall:
(1) Be registered as
specified in Env-Or 304.01;
(2) Be marked as
specified in Env-Or 305.03; and
(3) Have a product level
gauge as specified in Env-Or 305.11(a).
(b)
Any AST facility owner who wishes to construct a new or replacement AST
system containing oil that is in the solid phase at atmospheric temperature and
pressure shall obtain plan approval in accordance with Env-Or 307.01 through
Env-Or 307.05 prior to construction of the AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
309.03 Oil-Filled Electrical
Equipment.
(a)
The owner of any location at which any oil-filled electrical equipment
individually contains more than 660 gallons of oil shall:
(1) Register with the department in accordance
with Env-Or 304.01; and
(2) Prepare and maintain a spill prevention
control and countermeasure plan as specified in Env-Or 306.02.
(b)
The owner of any location where any oil-filled electrical equipment that
was installed on or after April 25, 1997 individually contains greater than 660
gallons of oil shall have:
(1) An impermeable barrier in the soil beneath
the oil-filled equipment;
(2) A containment structure, such as a collection
sump, that contains and then conveys all liquids to an oil-water separator for
collection until treatment can occur;
(3) Some other engineered solution that will
prevent a release of oil from the equipment to surface waters or groundwater of
the state; or
(4) Operational controls sufficient to identify,
manage, respond, and prevent a release of oil to the surface waters or
groundwater of the state.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
309.04 Temporary Construction AST
Systems.
(a) The owner of an AST system included in Env-Or
309.01(c) (temporary construction AST system) shall:
(1) Register
the temporary construction AST system as specified in Env-Or 304.01; and
(2) Include the
contract start and completion dates in the registration information.
(b)
A temporary construction AST system shall:
(1) Be marked as specified in Env-Or 305.03;
(2) Have secondary containment
as
specified in Env-Or
305.07;
(3) Be equipped with a gauge as specified in Env-Or 305.11(a); and
(4) Be equipped with either a
high level warning alarm as
specified in Env-Or
305.11(b) or a mechanically operated automatic fill shut-off valve as specified in Env-Or 305.08(h)(3).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 309.05
Small AST Systems Containing Heating Oil for On-Premise Heating.
(a) The owner of an
AST included in Env-Or 309.01(d) (small AST) shall register the AST system as specified
in Env-Or 304.01 through Env-Or 304.05, except that the deadline for
registering updates specified in Env-Or 304.04(a) shall be 60 days for these
systems.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 309.06 Cargo Truck Use by Commercial/Industrial
Enterprises or the Military.
(a)
The use of cargo trucks by a commercial/industrial enterprise or the
military shall be authorized, subject to the conditions noted in (b), below, if
such use is required to:
(1) Deliver fuel to the fuel
tanks of stationary equipment, off-road earthmoving equipment, military
tactical vehicles, parked aircraft, or parked refrigeration trailers, provided
the cargo truck or trailer shall not be used for on-site storage of oil except
as allowed by (2), below; or
(2) To hold oil removed
from an AST system during maintenance activities, provided the cargo truck or
trailer shall not be used for distribution for end use of the oil.
(b)
Except as allowed by (c), below, or as approved by the state fire marshal,
cargo trucks and trailers shall not be used to deliver fuel to on-road motor vehicles.
(c)
The use of cargo trucks by
military personnel to support military vehicles in convoy shall be allowed
provided there is an applicable oil spill and response plan, prepared pursuant
to 49
(1) The use of portable flexible containment
areas; and
(2) Proper containment and disposal of any
spilled oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
PART Env-Or 310
WAIVERS
Env-Or
310.01 Applicability. An owner
who wishes to obtain a waiver from any rule in this chapter shall request a
waiver as specified in Env-Or 310.02.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 310.02 Waiver Requests.
(a)
To request a waiver, the owner shall submit
the following in writing to the department:
(1) The name, mailing address, and daytime
telephone number of the owner and, if available, a fax number and e-mail
address for the owner;
(2) The name, physical address, and registration
number of the facility;
(3) The specific rule, by section and paragraph,
for which a waiver is being sought;
(4) A full explanation of why a waiver is being
requested, including an explanation of the economic and operational
consequences of complying with the rule as written;
(5)
Whether the need for the waiver is
temporary, and if so, the estimated length of time that the waiver will be
needed;
(6) If applicable, a complete explanation of the
alternative that is proposed to be substituted for the requirement in the rule,
including written documentation or data, or both, to support the alternative;
and
(7) A complete explanation of why the requestor
believes that having the waiver granted will meet the criteria in Env-Or
310.03.
(b)
The owner shall sign and date the request.
(c)
The owner’s signature shall constitute certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(2) The signer understands that any waiver
granted based on false, incomplete, or misleading information shall be subject
to revocation.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or 310.03 Waiver Criteria.
(a) Subject to (b)
through (d), below, the department shall grant a waiver
if:
(1) Granting a waiver will not result in an
adverse impact on the environment, public health, or public safety that is more
significant than that which would result from complying with the rule; and
(2) One or more of the following conditions is
satisfied:
a. Granting a waiver is consistent with the
intent and purpose of the rule being waived; or
b. Any benefit to the
public or the environment is outweighed by the economic and operational consequences
of strict compliance with the rule.
(b) No waiver shall be granted
if the effect of the waiver would be to waive or modify any state statute,
unless a waiver is expressly allowed by the statute that would be waived.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Env-Or
310.04 Decision on Waiver Requests;
Conditions.
(a)
The department shall notify the requestor of the decision in
writing within 60 days of receipt of a request that meets the
requirements of Env-Or 310.02.
(b)
If the request is denied, the response shall identify the specific reason(s) for the denial.
(c) The department shall include such conditions
in a waiver as are necessary to ensure that the criteria of Env-Or 310.03 will
be met.
(d) If the need for a waiver is temporary, the
waiver shall specify the date on which it will expire.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14
Appendix A: Incorporation by Reference Information*
Rule |
Title/
Date |
Obtain
at: |
Env-Or 303.02(a) |
|
American
Petroleum Institute (202)
682-8000 |
Env-Or 303.02(b) |
|
|
Env-Or 303.02(c) |
RP 651 - “Cathodic Protection of Aboveground Petroleum
Storage Tanks”, third edition, 2007 ( |
|
Env-Or 303.02(d) |
|
|
Env-Or 303.02(e) |
RP 1615 – “Installation of Underground
Petroleum Systems”, sixth edition, 2011 ( |
|
Env-Or 303.02(f) |
RP 1632 “Cathodic Protection of Underground
Petroleum Storage Tanks and Piping Systems” 1996 |
|
Env-Or 303.02(g) |
|
|
Env-Or 303.02(h) |
RP 2611 – “Terminal Piping Inspection –
Inspection of In-Service Terminal Piping Systems”, first edition, June 2011 ( |
|
Env-Or 303.03(a) |
SP-0169-2007 “Control of External Corrosion on
Underground or Submerged Metallic Piping Systems” 0169) |
NACE
International (281)
228-6223 |
Env-Or 303.03(b) |
SP-0285-2011 “Corrosion Control of Underground
Storage Tank Systems by Cathodic Protection” (NACE SP-0285) |
|
Env-Or 303.04(a) |
NFPA 30 “Flammable and Combustible Liquids
Code” 2012 (NFPA 30) |
National
Fire Protection Association (800)
344-3555 |
Env-Or 303.04(b) |
NFPA 30A “Motor Fuel Dispensing Facilities and
Repair Garages” 2012 (NFPA 30A) |
|
Env-Or 303.04(c) |
NFPA 31 “Standard for the Installation of
Oil-Burning Equipment” 2011 (NFPA 31) |
|
Env-Or 303.04(d) |
NFPA 110 – “Standard for Emergency and Standby
Power Systems”, 2013 (NFPA 110) |
|
Env-Or 303.05(a) |
RP 200 “Recommended Practices for Installation of
Aboveground Storage Systems for Motor Vehicle Fueling” 2013 ( |
Petroleum
Equipment Institute (918)
494-9696 |
Env-Or 303.05(b) |
RP 300,
“Recommended Practices for Installation and Testing of Vapor-Recovery Systems
at Vehicle-Fueling Sites”2009 ( |
|
Env-Or 303.05(c) |
RP 600,
“Recommended Practices for Overfill Prevention for Shop-fabricated Aboveground
Tanks” 2008 ( |
|
Env-Or 303.05(d) Env-Or 305.01(b)(9) |
RP 800,
“Recommended Practices for Installation of Bulk Storage Plants” 2008 ( |
|
Env-Or 303.05(e) |
RP 1300 - “Recommended Practices for the
Design, Installation, |
|
Env-Or 303.06(a) |
|
Steel
Tank Institute (847)
438-8265 |
Appendix B: Statutes Implemented
Rule Section(s) |
State Statute(s) Implemented |
Federal Regulations Implemented |
Env-Or
300 (also see specific sections listed below) |
RSA
146-A:1-3, 4, & 5; |
40
|
Env-Or
306.04 |
|
US
DOT HM 181, part HM-126F |
Env-Or
306.11 |
RSA
485-C:4, VIII |
40
|
Env-Or
308.01, Env-Or 308.02 |
RSA
485-C:4, VIII |
40
|
Env-Or
310.04 |
RSA
541-A:22, IV |
|
Appendix C - Statutory
Definitions
RSA 146-A:2:
I-a. “Discharge” or “spillage” means the
release or addition of any oil to land, groundwater or surface water;
VI.
“Person” shall mean individual, partnership, joint venture, corporation,
association or any group of the foregoing or the
IX.
“Facility” means a location, including structures or land, at which oil is
subjected to treatment, storage, processing, refining, pumping, transfer, or
collection;
XIV.
“Qualified facility” means a facility:
(a)
That has had no single discharge exceeding 1,000 gallons or no 2 discharges
each exceeding 42 gallons, other than discharges that are the result of natural
disasters, acts of war, or terrorism;
(b)
That has an aggregate aboveground oil storage capacity of 5,000 gallons or
less, of which not more than 660 gallons is for storage of gasoline; and
(c)
For which preparation of a spill prevention, control, and countermeasure (SPCC)
plan does not necessitate the practice of engineering as defined in RSA
310-A:2,
RSA
310-A:2:
III.
"Practice of engineering'' means any professional service or creative work
requiring education, training, experience, and the application of advanced
knowledge of mathematics and physical sciences, involving the constant exercise
of discretion and judgment, to such services or work as consultation,
investigation, evaluation, planning, design, responsible oversight of
construction, and responsible oversight of operation, in connection with any
public or private utilities, structure, buildings, machines, equipment,
processes, works, or projects, wherein the public welfare, or the safeguarding
of life, health, or property is concerned.
RSA 485:1-a:
XV.
“Public water system” means a system for the provision to the public of
piped water for human consumption, if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year. Such term includes (1) any collection,
treatment, storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system, and (2) any
collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system. Any water system which meets all
of the following conditions is not a public water system:
(a)
Consists only of distribution and storage facilities (and does not have any
collection and treatment facilities);
(b) Obtains all of its water from, but is
not owned or operated by, a public water system; and
(c) Does
not sell water to any person.
RSA
485-A:2:
XIV. “Surface waters of the
state” means perennial and seasonal streams, lakes, ponds, and tidal waters
within the jurisdiction of the state, including all streams, lakes, or ponds
bordering on the state, marshes, water courses, and other bodies of water,
natural or artificial.
Appendix D -
44
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated
height.
Appendix E: Compliance Deadlines Required by Env-Wm 1402
as effective May 28, 2005
Rule § / ¶ |
Requirement |
Systems with extended compliance deadline |
Compliance Deadline |
1402.35(a) |
Secondary containment for all AST systems and all
underground and over water piping |
Systems installed prior to |
Within 3 years of effective date of rules (i.e., no later than |
1402.35(d) |
All requirements in Env-Wm 1402 |
On-premise-use heating oil systems that existed on |
Within 3 years of effective date of rules (i.e., no later than |
1402.29(f) |
Interior inspections (including means of accessing interior) |
Existing ASTs greater than 5,100 gallons that were not equipped with
a manhole or other manufactured means of accessing the interior of the tank |
Install means of entry and conduct initial inspection by the later of
the date determined pursuant to 1402.29(d) or within 3 years of the effective
date of rules (i.e., no later than |