ILLINOIS POLLUTION CONTROL BOARD

April

 27, 1989

IN THE

 MATTER OF:

UST UPDATE, USEPA REGULATIONS

)

 R88-27

(SEPTEMBER

23,

 1988)

FINAL ORDER.

 ADOPTED RULES

ORDER

 OF THE BOARD

 (by 3. Anderson):

Pursuant

 to Section 22.4(e)

 of the Environmental Protection Act

 (Act),

the Board

 is amending

 the UST underground storage

 tank regulations.

Section 22.4 of the Act governs adoption

of

 regulations establishing the

RCRA program

in

 Illinois.

 Section

 22.4(e) provides

 for quick adoption of

regulations which

 are ‘identical

 in substance~to federal

 regulations.

Section 22.4(e) provides that Title

 VII of the Act and Section

5

 of the

Administrative Procedure Act

 (APA)

 shall not apply.

 Because this rulemaking

is

not

 subject

 to Section

5

 of the APA,

it

 is not

 subject

 to first

 notice

or

to second

 notice review

 by the Joint Comittee on Administrative Rules

(JCAR).

The

 federal UST rules

 are found

at

 40 CFR 280.

 This rulemaking

updates Illinois’ UST rules

 to correspond with major federal

 amendments which

appeared

at

 53 Fed. Reg. 37082, September 23,

 1988.

The Board

 proposed

 to adopt these

 rules

 on February

2,

 1989.

The

proposal

 appeared on March

3,

 1989,

at

 13 Ill.

 Reg.

 2650.

 The Board has

modified the proposal

in

 response to public

 cornent

as

is

 detailed

 in the

Opinion.

 The Board now directs

 that the rules be~filed with the Secretary of

State.

 The Board will withhold filing until

 May 26,

 1989,

 to allow time

for

motions for reconsideration by

 the agencies involved

 in the authorization

process.

This Order

is

 supported by

 Opinion adopted

 this same day.

The

complete text of the proposed rules

 follows.

98—43 9

-2—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

 UNDERGROUND INJECTION CONTROL

AND

UNDERGROUND

STORAGE

TANK

PROGRAMS

PART 731

UNDERGROUND STORAGE TANKS

SUBPART A:

 PROGRAM SCOPE AND INTERIM PROHIBITION

Section

731.101

 Definitions

 and exemptions

 Re ealed

731.102

 Interim prohibitions

 (Re ealed

731.103

 Notification Requirements

 Re ealed

731.110

 Applicability

731.111

 Interim Prohibition for Deferred Systems

731.112

Definitions

731.113

 Incorporations

 by Reference

731.114

 Implementing Agency

SUBPART B:

 UST SYSTEMS:

 DESIGN, CONSTRUCTION,

 INSTALLATION AND NOTIFICATION

Section

731.120

 Performance Standards for New Systems

731.121

 Upgrading of Existing Systems

731.122

 Notification Requirements

SUBPART

C:

 GENERAL OPERATING REQUIREMENTS

Section

731.130

 Spill

 and Overfill

 Control

731.131

 Operation and Maintenance of Corrosion Protection

731.132

 Compatibility

731.133

 Repairs Allowed

731.134

 Reporting and Recordkeeping

SUBPART

D:

 RELEASE

 DETECTION

Section

731.140

 General

 Requirements for

 all Systems

731.141

 Petroleum Systems

731.142

 Hazardous Substance Systems

731.143

 Tanks

731.144

 Piping

731.145

 Recordkeeping

SUBPART E:

 RELEASE REPORTING,

 INVESTIGATION AND CONFIRMATION

Section

731.150

 Reporting of Suspected Releases

731.151

 Investigatibn due to Off—site Impacts

731.152

 Release Investigation and Confirmation

731.153

 Reporting and Cleanup of Spills and Overfills

SUBPART

F:

 RELEASE

 RESPONSE AND CORRECTIVE ACTION

Secti on

731.160

 General

731.161

 Initial Response

98—440

—3—

731.162

 Initial Abatement Measures

 and Site

Check

731.163

Initial

Site

Characterization

731.164

Free

Product

Removal

731.165

Investigations

for

Soil

and

 Groundwater Cleanup

731.166

Corrective

Action

Plan

731.167

Public

Participation

SUBPART

 OUT-OF-SERVICE SYSTEMS

AND

CLOSURE

Section

731.170

Temporary

Closure

731.171

Permanent

Closure

and

Changes-in—Service

731.172

Assessing

Site

 Closure or Change-in-Service

731.173

Previously

Closed

Systems

731.174

Closure

Records

731.900

 Incorporation by reference

 (Repealed)

731.901

 Compliance Date

 (Repealed)

Appendix

Notification

Form

AUTHORITY:

 Implementing Section 22.4(e) and authorized

 by Section

27

 of the

Environmental Protection Act

 (Ill.

 Rev.

 Stat.

 1987,

ch.

111

 1/2,

 pars.

1022.4(e) and

 1027).

SOURCE:

 Adopted

 in R86-1 at

10

 Ill. Reg.

 14175, effective August

12,

 1986;

amended

 in R86-28 at

11

 Ill.

 Reg.

 6220,

 effective March

 24, 1987;

 amended

in

R88—27 at

 13 Ill.

 Reg.

 effective

SUBPART

PROGRAM

SCOPE

AND

INTERIM

PROHIBITION

Section

731.101

Definitions

and

exemptions

_(~pealed)

~@peFatepil

means

any

pe~seni~neent~e1~

e~hav4~n~

Fes~eAs+~+I~ty

fe~1the

da44y

epeFatfen

~ndeFgFoHnd

ste~agetank1

 !.~Qwnep!imeans~-

1~

 I-n the ease

 of an ~

 stePa~etank

 i-n ~se en ~4ovem~e~

8~

~984~

b~e~ight

 i-nto ~seafter that date; any pe~senwho owns

~nde~g~eundste~agetank

dsed

 ce~stepa~e1~see~d~s~ens*n~

~eg~fl.ateds~bstaneestand

I-n

the

ease

any

steFa~etank

i-n

 ~+sebefore

4evem~e~

~984~ ~t

1-en~eFi-n

i~seen

that

date1

any

pe~sen

whe owned s~ehtank

 i-mmedi-ate4y befe~edi-seenti-n~iati-en of

 i-ts

HseT

~.Pe~sen~

has

the

same

meani-ng

p~evi-ded4-n

Seeti-en

~O94~3

the

Rese~i~ee

 GensePv~tfenand Reee~e~y

 Act; as

 amended7

U1S1G1

~991

et seqv) eMeept that s~ehteem 4-nel-~des a eense~t4-wn7a ~e4-nt

vent~fFe7 a

 eemme~ei-a1-ent4-ty7 and the United States Geve~nment~

e~~-ated

s~&bstanee~

means

1--)

 Any s~staneeof defi-ned

 i-n Seeti-en

1QI3~43

the

Gemp~ehensi-ve

~nv4-~enmental-

 4espense7 Gempensati-en and

 54-abi44-ty Act of

 I-980

98—44 1

-4-

442

 J151G1

9601-

 et se~~3

 4but ~et i-nel-udi-ng any substance

~egu1-ated

as

 a ha~a~deus

 waste undeF Subti-t1-e

S

 of the Reseu~ee

Gensepvati-en and Reeeve~yAct7 as amended3 and

Pet~e1-eum74-neI-udi-n~

e~ude

e4-I-

any

f~aet4-enthe~eefwh4-eh

i-s

I4qui-d

at

standard

eendi-ti-ens

of

tempe~atu~e

and

p~essu~e

(-60

de~~ees

Fah~enhe4-tand

1-4~7 pounds

pe~

square

i-neh

 abseTute4r

~Re1-ease~

means

any

spi-~-1-i-ng71-eak4-ng7

emi-tti-ng1

d4-sehap~4-n~7

eseap4-n~1I-eaehi-ng

 di-spesi-ny f~eman undeFgFound stoFa~etank

 i-nt6

gFoundwateF7

s~~~aee

water

sHbsuPfaee

sei4s~

~Ynde~~~ound

ste~agetank~means

any

one

 e~eembi-nati-en of tanks

4i-ne4-udi-ng unde~g~eund

 pi-pes connected the~ete3whi-eh

 4-s used to

centai-n

aeeumu1-ati-en

~e~4ated

substances7

and

the

ve~umeof

wh4-ch

 4i-ne1-udi-n~the

 vel-wne

 of the unde~g~ound

 pi-pes connected

the~eto4

i-s

 ten pe~eentwn

 more beneath the s~wfaeeof the

g~eund~Such tePFR does net

 i-ncl-ude any~-

1-3

~a~m

e~pesi-dentfal- tank of 1--199

 gafl-ons

op

 1-ess

 eapaei-ty used

fe~ste~i-ngmetes

 fue1- fe~nencemme~e4-al-puFpeses1

23

 lapk used fe~ste~i-n~

 heati-n~

ei-l-

 fe~eensumpti-ve use on the

p~emi-seswhen

stoFed7

Septi-e

tank7

Pi-pel-i-ne

faci4i-ty

 44-ne1-ud4-n~ gathe~i-ng1-i-nes)1

Re~u1ated

under the Natupal- Gas

 P4-pel-i-ne Safety Act of

 1-968 449

Y1-S1GT

1671 et~seql3

64

 Re~u1-atedunder the

Haaa~dous64.qui-d

Pi-pel-i-ne

Safety

 Act of

1979

449

UTSrGT

 2991-

et seql) o~-

 Regulated under the

I-ll-i-noi-s

Gas

 P4-pci-i-ne Safety Act7

Il-Ir

Rev~

Stat1 198~eh1 111 ~

paPsr

 ~51et seqr;

83

 Su~faeei-mpoundment7

 p4-t pond e~lagoon7

 Ste~mwater

wastewate~eel-leeti-en system7

1-04

 ~4-ew—th~eugh

 process tank1

1-14

 6i-qui-d tPap

o~asseei-ated

gathe~i-ng1-4-nes

d4-~ectl-y~ei-ated to

oi-l

 o~gas p~eduet+onand gathep4ng ope~ati-ens7e~

123

 Ste~agetank si-tuated

i-n

unde~g~eund

area

(-such

basement7 eefla~7m+newo~k+ng7dpi-ft7 shaft o~tunnel3

 i-f the

storage tank

i-s

si-tuated

upon o~

above the su~faeeof the

undes4-gnated f1-ee~7

133

Any

 pi-pes connected to any tank

 whi-eh

i-s

dese~4-bedi-n

subsecti-en

4d341-4

th~eugh

4d)4124r

98—442

—5—

(Source:

 Repealed

at

13

 Ill.

 Reg.

 effective

)

Section 731.102

 Interim prohibitions

 (Repealed)

a3

 Between May ~

 1-98S and the effeeti-ve date of the standards

p~emul-gatedby the Adm4-ni-st~atopof the Yni-ted States Envi-ponmental-

P~oteeti-onAgency

under

Seeti-on

9993e4

 of the Ma~a~dous

and

 SoI-4-d

waste

Amendments

1-984

442

YTSTGT

6991

seqv3

pe~senmay

i-nstall

 an unde~g~ound

 storage tank fo~the purpose

 of sto~4-ng

regulated substances unless such tank whethe~ of

 si-ngle o~double

wall

eonstpueti-on3~

 Wi-Il pFevent

 pci-eases due to copposi-on e~stpuetupal-

 fa4-1-u~efo~

the ope~ati-ona1- li-fe of the tank~

I-s

cathod4-eall-y

 protected aga4-nst eo~pos4-on7eenst~uctedof

nenceppesi-ve matepi-aI-7 steel

el-ad

wi-th

nenee~~osi-ve

matepi-al-

o~desi-gned

i-n

 a manner to prevent the pci-ease op threatened

pci-ease

any

ste~edsubstaneet

and

 The matepi-al used

i-n

 the constpueti-en o~l-4-n4-ng of the tank

i-s

cempati-ble

 wi-th the substance to be stoped1

b3

 t4otwi-thstand4ng subseeti-en

 4a37

i-s

 seil- tests conducted

 i-n aecoPdanee

wi-tb

ASTM

Standard

GS~—787 i-neo~pe~ated

pefe~eneei-n

Seeti-en

731r909;

show

that

sei-l

~es+st+v+ty

i-n

i-nstallati-en

locati-on

i-s

1-2~-9G@ohm—em o~mo~e7a ste~agetank wi-thout

 cepposi-on

 pPetecti-on

may be i-nstall-ed

 i-n that

 l-oeati-on du~i-ngthe pe~i-od~efe~~edto

4-n

subseeti-en

4a3r—

(Source:

 Repealed

at

13

 Ill.

 Reg.

 effective

Section

731.103

Notification

Requirements

(Repealed)

a4

 ~aehewne~of

 an unde~g~eund

 stoPage tank eu~~ently

 i-n use shall

subm4-t7

 i-n the form ppese~i-bed 4-n Append4-M A7

a

 noti-ce of the

exi-stenee

 such tank tei-

Unde~g~ound

 Storage Tank Goopd4-nato~

D4~i-si-en of

~4-peP~eventi-en

9ffi-ee

 of State

Fi-pe

Marshal

31~GExeeuti-ve

Park

9pi-ve

Sppi-ngf4-eld;

I-6

62703—4699

b3

 ~aehowner of

 an unde~g~ound

 stopage tank taken out

 of ope~at4-on

after ~anua~y

1974~4unless

 the ewne~knows that such tank has

been ~emevedfrom the gFound3 shall subm4-t7

 i-n the fepm p~esc~i-bed

4-n

Appendi.x

a

 noti-ce of the exi-stenee

 of such tank to the address

speei-fi-ed

 i-n subseeti-en

~a3r

 Any ewne~who b~4-ngsan unde~g~ound

 stoFage tank

 i-nto use

 shall7

wi-th4-n 39 days after b~4-ngi-ng such tank

 i-nte use7

 subm4-t7

 i-n the form

p~esc~i-bed

4-n

Append4-x

A7

a

 noti-ce of the exi-stenee

 of such tank to

98—443

-6-

the address

 spee4-fi-ed

i-n

 subseeti-en 4a4r

e3

 Owners ~equ4-ped

to

 submi-t noti-ces undee subseeti-ens

 (-a-) th~eugh

4?)

shall

peevide

neti-ees

the

agency

speei-fi-ed

i-n

 subseeti-on

 (-a-) fee

each

tank

they

OWAr

 Ownees may peevi-de

noti-ce

fee

seveeal

tanks

one

 fopm7

but

ownees

who

own

tanks

located

mece

than

one

place

opeeat+en

shall

fi-l-e

sepacate

neti-fi-eati-en

foem

fee

each

sepaFate

place of epeeatR-onr

f3

~4eti-eessubmi-tted

undee

subseetions

4a3

theough

4?)

must p~evi-deall

of the i-nfopmati-on i-ndieated

on

 the fecm

 i-n Appendi-x A

 fee each tank

feF

 whi-eb

 noti-ce must be

 gi-ven1

g4

 Theough ~uae

8~1-987~any person who deposi-ts cegulated substances

i-n

an undeegeound stoPage tank shall make

 peasonabl-e effects to

 neti-fy

the ewne~op opecatoc of

 such tank of the ewnep!s

 obl-i-gati-ens ~nde~

subsecti-ens

 4a3 tb~eugh

(-e3r

Begi-nni-ng

days

aftee

the

Yni-ted

States

Envi-penmental-

 Ppoteeti-on

Agency

i-ssues

new

 tank pe~fecmaneestandaeds puesuant to Secti-en

9094e-

 of the Reseuece Sonse~vati-on and Recevecy Act1 any peesen who

sell-s a tank i-ntended to be used as

 an unde~g~eund

 ste~agetank shall

neti-fy the puechasee of such tank

 of the

~

neti-fi-eati-en

ebl-i-gati-ons undee subseeti-ons 4a4 through (-cr

4-3

 Subsecti-ons

 4a4 theough

(-?3

do not app1-y~totanks fee whi-eb neti-ce

was

 gi-ven puesuant to

 Seeti-en

 193(-c4 of the Gompeehensi-ve

Envi-eenmental

 Response7 Gempensati-on and I~i-abi-li-tyAct of 1980w—

(Source:

 Repealed at

 13 Ill. Reg.

 effective

)

Section 731.110

 Applicability

a)

 This Part applies

 to owners

 and operators

of

 an Underground Storage

Tank

 (UST)

 system as defined

 in Section

 731.112 except

 as otherwise

provided

in

 subsections

 (b),

(c)

or

 (d).

 Any UST system listed

in

subsection

 (c) must meet the requirements of Section 731.111.

j~j

 The following UST systems are excluded from the

 requirements

 of this

Pa rt:

 Any UST system holding hazardous waste

mixture

such

hazardous

waste

and

other

regulated

substances.

~j

Any

wastewater

treatment

tank

system

that

part

wastewater treatment facility regulated under Section

 12(f)

of

the Environmental

 Protection Act

 (Ill.

 Rev.

 Stat.

 1987,

ch.

111

1/2,

 par. 1012(f)).

j~j Equipment or machinery that contains regulated substances

for

operational

purposes

such

hydraulic

 lift tanks

and

 electrical

equipment tanks.

Any

UST

 system whose capacity

is

 110 gallons

or

 less.

98—444

—7-

~j

 Any UST

 system that contains

 a de minimus concentration of

regulated

substances.

~j

 Any emergency spill

 or overflow containment UST system that

is

expeditiously

emptied

after

used.

~j

 Deferrals.

 Subparts

B,

C,

D,

 E and

 G do not apply

 to any of the

following types

 of UST systems:

 Wastewater treatment tank systems;

Any UST

 systems containing

radioactive

 materials that are

regulated

the

Nuclear

Regulatory

Commission

under

the

Atomic

Energy Act of

1954

 (42 U.S.C.

2011

 et seq.)

~j~j Any UST system that

is

 part of

 an emergency generator system at

nuclear power

 generation facilities

 regulated by the Nuclear

Regulatory

Commission

under

CFR

50,

Appendix

incorporated

reference

Section

731.113

4)

 Airport

 hydrant

 fuel distribution

 systems; and

~j_

UST systems with field—constructed tanks.

~ft

 Deferrals.

 Subpart

 D does not

 apply to any UST system that

 stores

fuel

 solely for use by emergency power generators.

(Source:

Added

Ill.

Reg.

 effective

Section

731.111

Interim

Prohibition

for

Deferred

Systems

person

shall

install

UST

system

 listed

 in Section

 731.110(c)

for the purpose of storing regulated substances unless

 the UST system

(whether of single

 or double—wall

 construction):

 Will

 prevent releases due

 to corrosion or structural

 failure for

the operational

 life of the

 UST system

~j

 Is cathodically protected against corrosion,

 constructed

of

noncorrodible material,

 steel

 clad with

 a noncorrodible

material,

 or designed

in

a

manner

to

 prevent the

 release

or

threatened

 release of any

 stored substance;

and

~j

Is

 constructed or lined with material that

 is compatible with

the stored

 substance.

~j

 Notwithstanding

 subsection

 (a),

 an UST system without

 corrosion

protection may be installed at

 a site that

 is determined

by

a

corrosion expert

 not to

 be corrosive enough to cause

it

 to have

a

release due to corrosion during

 its operating

 life.

 Owners and

operators

shall

maintain

records

that

demonstrate

compliance

with

the

requirements

 of this subsection for the remaining

 life of the tank.

-8-

BOARD NOTE:

NACE

RP0285,

incorporated

reference

Section

731.113,

may

used

guidance

for

compliance

with

this

subsection.

(Source:

Added

13 Ill.

Reg.

effective

Section 731.112

 Definitions

“Aboveground release” means

 any release

 to the surface

 of the land or

to

 surface water.

 This includes, but

 is not

 limited to,

 releases

from

 the aboveground

 portion

of

 an UST

system

and

aboveground

releases associated with overfills and transfer operations

 as the

regulated

substance

moves

from

UST

system.

“Act”

 means the Environmental Protection Act

 (Ill.

 Rev. Stat.

 1987,

ch.

 111 1/2,

 par.

 1001 et seq.

“Agency”

means

the

Illinois

Environmental

Protection

Agency.

“Ancillary equipment” means any devices

 including, but

 not limited

to,

 such devices

piping,

fittings,

flanges,

valves

and

pumps

used

to

 distribute, meter

 or control the

 flow of regulated substances

to

and from

 an UST.

“Belowground

release”

means

any

release

the

subsurface

the

land

and to

 groundwater.

 This includes, but

 is not limited

to,

 releases

from the belowground portions of an underground

 storage tank system

and belowground

 releases associated with overfills and transfer

operations

as

 the regulated substance moves

to

 or from an

 underground

storage tank.

“Beneath

the

surface

the

ground”

means

beneath

the

ground

surface

otherwise

covered

with

earthen

materials.

“Board” means the Illinois Pollution Control

 Board.

“Cathodic protection”

is

 a technique to prevent corrosion of

 a metal

surface

making

that

surface

the

cathode

electrochemical

cell.

For

example,

tank

system

can

cathodically

protected

through the application of either

 galvanic anodes

or

impressed

current.

“Cathodic protection tester” means

 a person who

 can demonstrate

an

understanding

 of the principles and measurements

of

all

 common types

of cathodic protection

 systems

as

applied

 to buried

 or submerged

metal

 piping and tank systems.

At

 a minimum, such persons shall

 have

education

 and experience

 in soil

 resistivity,

 stray current,

structure—to—soi’l potential

 and component electrical

 isolation

measurements

 of buried metal

 piping

 and tank systems.

“CERCLA” means the Comprehensive Environmental

 Response, Compensation

and Liability Act of

 1980,

as

 amended

 (42 U.S.C.

9601

et

 seq.)

“Compatible” means the ability of two or more substances

 to maintain

their

 respective physical

 and chemical properties upon contact with

98—44 6

—9—

one another for

 the design

 life of the tank system under conditions

likely to

 be encountered

in

 the UST.

“Connected piping” means

all

 underground piping

 including valves,

elbows, joints,

 flanges

 and flexible connectors attached

to

a

 tank

system

through

which

regulated

substances

flow.

For

the

purpose

determining

how

much

piping

 connected to

 any individual UST

system, the

 piping that joins two UST systems must be allocated

equally between

 them.

“Consumptive

 use” with respect

 to heating

 oil means consumed on the

premi ses.

“Corrosion

expert”

means

person

who,

reason

thorough

knowledge of the physical

 sciences and the principles

 of en9ineering

and mathematics acquired by

 a professional

 education and

 related

practical

experience,

 is qualified

 to engage

in

 the practice of

corrosion

 control

 on buried

 or submerged metal

 piping systems

and

metal

 tanks.

 Such

 a person

 shall

 be accredited

 or certified

 as being

gualified

 by the National Association

 of Corrosion Engineers or be

a

registered professional engineer who has certification

 or licensing

that includes

 education and experience

 in corrosion

 control

 of buried

or submerged metal

 piping

 systems and metal

 tanks.

“Dielectric material” means

 a material

 that does not

conduct

direct

electrical

 current.

 Dielectric coatings are used to electrically

isolate UST

 systems from the surrounding soils.

 Dielectric bushings

are used to electrically isolate

 portions of the UST system

 (e.g.,

tank from piping).

“Electrical

equipment”

means

underground

 equipment that contains

dielectric fluid that

is

 necessary for the operation of equipment

such

 as transformers

and

 buried electrical

 cable.

“ESDA” means

 the Illinois Emergency Services and Disaster Agency.

“Excavation zone” means

 the volume containing the tank system and

backfill

 material

 bounded

 by the ground

 surface, wall

 and floor of

the pit and trenches into which the UST system

is

 placed

 at the time

of installation.

“Existing tank system” means

 a tank system used to contain

an

accumulation

of

 regulated substances

 or for which installation

has

commenced on or

 before December

22,

1988.

Installation

considered

to

 have commenced

if:

The owner

 or operator has

 obtained

 all federal, state

and

 local

approvals or permits necessary to begin physical

 construction

of

the

 site or

 installation

 of the tank system;

And,

 if either:

A continuous

 on—site physical construction

 or installation

program

has

begun;

or,

98—447

-10-

The owner or operator has

 entered

 into contractural

obligations,

 which cannot

 be cancelled

 or modified without

substantial

 loss,

 for physical

 construction

 at the site

or

installation

 of the tank system to

 be completed within

a

reasonable time.

“Farm tank”

is

 a tank located on

 a tract

 of land devoted

 to the

production

 of crops

or

 raising animals,

 including fish,

and

associat?d

 residences and improvements.

 A farm tank must be located

on the farm property.

 “Farm” includes

 fish hatcheries,

 rangeland and

nurseries

with

growing

operations.

“Fire Marshal” means

 the Office of the State Fire Marshal.

“Flow-through process

 tank”

is

a

 tank that forms

an

 integral

 part of

a production

 process through which there

is

 a steady,

 variable,

recurring or

 intermittent

 flow of materials during the operation of

the process.

 Flow—through process

 tanks

do

 not include tanks

 used

for the storage of materials prior

 to their introduction

 into the

production process

 or for the storage

of

 finished products or by-

products from the production process.

“Free product”

 refers

to

 a regulated substance that

 is present

as

a

nonaqueous

liquid

phase

(e.g.,

liquid

not

dissolved

water.)

“Gasoline

Act”

means

“An

Act

 To Regulate The Storage, Transportation,

Sale And Use Of Gasoline And Volatile Oils”,

 as amended

 (Ill. Rev.

Stat.

 1987,

ch.

127

 1/2,

 par.

151

et

 seq.)

“Gathering

 lines” means any pipeline, equipment, facility or building

used

 in the transportation of oil

 or gas during oil

gas

production

or gathering operaUons.

“Hazardous

 substance” means any substance listed

in

 40 CFR 302.4,

incorporated by

 reference

in

Section

731.113

(but

not

including

an~y

substance regulated

as

 a hazardous waste under

35

 111.

 Adm.

 Code

721).

BOARD NOTE:

 This definition

 is derived from the definition

of

“hazardous substance UST system”

 in 40 CFR

 280.12,

 as adopted

at

53

Fed.

Reg.

37194,

September

23,

1988,

and

“hazardous

substance”

Section

101(14)

CERCLA.

The

United

States

Environmental

Protection

Agency

(USEPA)

regulations

which

implement

the

statutes

cited

CERCLA

have

been

inserted

place

the

authorizing

statutes.

“Hazardous

substance

UST

system”

means

 an underground storage tank

system

that

contains

“hazardous

substance”,

 any mixture

of

“hazardous

 substances” and

 “petroleum” which

 is not

a

 “petroleum UST

system”.

BOARD

NOTE:

This

definition

derived

from

the

corresponding

definition

in

 40 CFR 280.12,

 as adopted

at

 53 Fed.

 Reg.

 37194,

98—448

—11—

September 23,

 1988,

 inserting terms defined elsewhere

 in this

Secti on.

“Heating oil” means

 petroleum that

 is No.

1,

No.

2,

 No. 4—-light, No.

4——heavy,

 No. 5-—li9ht, No.

 5——heavy or No. 6 technical

 grades

of

fuel oil; other

 residual

 fuel

 oils (including Navy Special

 Fuel

Oil

and

Bunker

C);

other

fuels

when

used

substitutes

for

one

these

fuel

oils.

Heating

oil

typically

used

the

operation

heating equipment, boilers

or

 furnaces.

“Hydraulic

 lift tank” means

 a tank holding hydraulic fluid for

a

closed—loop mechanical

 system that uses compressed air or hydraulic

fluid

 to operate lifts,

 elevator and other

 similar devices.

“Implementing agency”.

 See Section

 731.114.

“Liquid

 trap” means

 sumps, well

 cellars

 and other traps used in

association with

oil

and

gas

production,

gathering

and

extraction

operations

 (including

gas

 production plants),

 for the

 purpose

of

collecting oil, water and other liquid.

 These liquid traps may

temporarily collect

 liquids for subsequent disposition

for

reinjection

 into

 a production

 or pipeline stream,

 or may collect and

separate

 liquids

 from gas stream.

“Maintenance” means the normal

 operational

 upkeep

 to prevent

an

underground

storage

tank

system

from

releasing

product.

“Motor

fuel”

means

petroleum

petroleum—based

substance

that

motor

gasoline,

aviation

gasoline,

No.

diesel

fuel

any

grade

 of gasohol,

and

 is typically used in the operation of

 a motor

engi ne.

“New tank system” means

 a tank system that will

 be used to contain

an

accumulation of

 regulated substances

 and for which

 installation has

commenced after December 22,

 1988.

 (See also “Existing Tank System.”)

“Noncommercial

purposes”

with

respect

motor

fuel

means

not

for

resale.

“On

the

premises

where

stored”

with

respect

heating

oil

means

UST

~stems located

on

the

 same property where the stored heating oil

is

used.

“Operational

 life”

 refers

 to the period beginning when installation

of the tank system has commenced until

 the time the tank system

is

properly closed under Subpart G.

“Operator”

means

any

person

 in control

of,

 or having

 responsibility

for, the daily operation of

 the UST system.

“Overfill

 release”

is

 a release that occurs when

 a tank

is

 filled

~yond

its

 capacity, resulting

in

 a discharge of the regulated

substance to the

 environment.

98—449

—12—

“Owner” means:

In the

 case of

 an UST system

 in use on November

8,

 1984,

or

brought

 into use after that date,

 any person who owns

 an UST

system used

 for storage,

 use or dispensing of regulated

substances; and

In the

 case of any UST system

 in use before November

 8, 1984,

but

longer

use

that

date,

any

person

 who owned such UST

immediately

before

the

discontinuation

its

use.

“Person” means

 an individual,

 trust,

 firm,

 joint stock company,

federal

 agency,

 corporation,

 state,. unit

of

 local

 government,

commission,

 political

 subdivision of

 a state or any interstate

body.

 Person,

 also includes

 a consortium,

 a joint venture,

a

commercial

 entity and the United States

 Government.

“Petroleum”

 means crude

oil

 or any fraction thereof which

is

 liquid

at standard conditions

 of temperature and pressure

 (60 degrees

Fahrenheit

 and 14.7 pounds per square

 inch absolute).

 The term

“petroleum”

 includes, but

 is not limited

 to, petroleum and petroleum-

based substances

 comprising

 a complex blend

of

 hydrocarbons derived

from crude

oil

 through processes of

 separation,

 conversion, upgrading

and finishing,

 such as motor fuels, jet fuels, distillate

 fuel

 oils,

residual

 fuel

 oils,

 lubricants, petroleum solvents

 and used oils.

BOARD NOTE:

 This definition

 is derived from the definitions of

“petroleum UST

 system” and

 “regulated

 substance”

in

 40 CFR 280.12,

as

adopted

Fed.

Reg.

 37194, September 23,

 1988.

“Petroleum

UST

system”

means

underground

storage

tank

system

that

contains

petroleum

mixture

“petroleum”

with

minimus

quantities

 of other

 “regulated

 substances”.

BOARD NOTE:

 This definition

is

 derived from the corresponding

definition

in

 40 CFR 280.12,

as

 adopted

at

 53 Fed. Reg. 37194,

September

23,

 1988,

 inserting terms defined elsewhere

 in this

 Secti on.

“Pipe”

or

 “Piping” means

hollow

cylinder

tabular

conduit

that

constructed

of

 non-earthern materials.

“Pipeline facilities (including gathering lines)”

 are new and

existing

 pipe rights—of—way and any associated equipment,

 facilities

or buildings.

“Regulated substance” means any “hazardous substance”

 or “petroleum”.

BOARD NOTE:

 This definition

 is derived from the corresponding

definition

in

 40 CFR 280.12,

as

 adopted

at

 53 Fed. Reg. 37194,

September

23,

 1988,

 inserting terms

 defined elsewhere in this

Section.

“Release” means

 any spilling, leaking, emitting, discharging,

98—450

—13—

escaping, leaching

 or disposing from

 an UST into groundwater,

 surface

water

subsurface

soils.

“Release

detection”

means

determining

whether

release

regulated substance has occurred from the UST system into the

environment

 or into the interstitial

 space between

 the UST system and

its secondary barrier

 or secondary containment around

it.

“Repair” means

to

 restore

 a tank

 or UST system component that has

caused

a

 release

 of product from the UST system.

“Residential

 tank”

is

 a tank located

 on property used primarily for

dwell ing

 purposes.

“Septic tank”

is

 a water—tight

 covered receptacle designed to

 receive

or

 process,

 through

 liquid separation or

 biological

 digestion,

the

sewage discharged from

 a building sewer.

 The effluent from such

receptacle

 is distributed for disposal

 through the soil

 and settled

soilds and scum from the tank are

 pumped out periodically and hauled

to

 a treatment facility.

“Storm water or wastewater collection system” means

 piping, pumps,

conduits

 and any other equipment necessary to collect and transport

the

 flow of surface water run—off

 resulting from precipitation, or

domestic,

 commercial

 or industrial wastewater

 to and from retention

areas

 or any areas where treatment

 is designated

 to occur.

The

collection

 of storm water and wastewater does not

 include treatment

except where

 incidental

 to conveyance.

“Surface impoundment”

is

 a natural

 topographic depression, man-made

excavation,

 or diked

 area formed primarily of earthern materials

(although it

 may be

 lined with man—made materials) that

is

 not an

injection well.

“Tank”

is

 a stationary device designed to contain

 an accumulation

of

regulated substances and

 constructed of

 non—earthern materials (e.g.,

concrete,

steel,

plastic)

that

provide

structural

support.

“Underground

area”

means

 an underground room,

 such

as

 a basement,

cellar,

 shaft or

 vault, providing enough space for physical

inspection

 of the exterior of the tank situated on

 or above the

surface

 of the floor.

“Underground

 release” means any below-ground

 release.

“Underground storage tank”

 or “UST” means any one or combination of

tanks

 (including~undergroundpipes

 connected thereto) which

is

 used

to contain

an

 accumulation of regulated substances, and

 the volume

of

which

 (including the volume of the underground pipes connected

thereto)

is

ten

 per centum or more beneath the surface of the

ground.

 Such term does

 not include

 any:

Farm or

 residential tank of 1,100 gallons

 or less capacity used

for storing motor

 fuel

 for noncommercial purposes.

98—451

-14-

Tank used for storing heating

 oil for consumptive

 use on

the

premises

where

stored.

Septic tank.

Pipeline facility

 (including gathering lines)

 regulated under:

The Natural Gas

 Pipeline Safety Act of 1968

 (49 U.S.C.A.

1671

 et seq. (187 and 1987 Supp.)),

or

The Hazardous Liquid Pipeline Safety Act of

 1979 (49

U.S.C.A.

 2001 et seq.

 (1987)),

or

The

 Illinois Gas Pipeline Safety Act

 (Ill.

 Rev. Stat.

 1987,

ch.

 111 2/3,

 pars.

 551 et

 seq.).

Surface impoundment,

 pit, pond or lagoon.

Storm-water

 or wastewater collection system.

Flow—through process

 tank.

Liquid trap or associated gathering

 lines directly related

to

oil

 or gas production and gathering operations.

Or,

Storage tank situated in an

 underground area

 (such

as

a

basement, cellar,

 mirieworking, drift,

 shaft

 or tunnel)

 if the

storage

tank

situated

upon

above

the

surface

the

floor.

The term “underground storage tank” does not include any pipes

connected to any tank which

 is described

in

 the above subparagraphs.

“Upgrade” means the addition or retrofit

 of some systems such as

cathodic protection, lining

 or spill

 and overfill controls to improve

the ability

of

an

 underground

 storage tank system to

 prevent the

release

 of product.

“USEPA” means

 United States Environmental Protection Agency.

“UST system”

or

 “Tank system”

 means

 an underground storage tank,

connected underground piping,

 underground ancillary equipment,

and

containment system,

 if any.

“Wastewater treatment

 tank” means

 a tank that

 is designed to receive

and

 treat

 an influent wastewater through physical, chemical

or

biological

 methods.

(Source:

 Added

at

 13 Ill.

 Reg.

 effective

)

Section

 731.113

 Incorporations by Reference

~j

 The following publications are incorporated

by

 reference:

98—452

—15—

ACT.

 Available from

 the Association for Composite Tanks,

 108 N.

State St., Suite

 720, Chicago,

IL

 60602,

 (800)

 368-2105:

ACT—100/88,

 “Specification

 for the Fabrication of FRP

Clad/Composite Underground Storage Tanks”,

 revised March

16,

1988

ANSI.

 Available from the American National

 Standards Institute,

1430 Broadway, New York,

New

 York

 10018,

 (212)

 354-3300:

See ASME.

API.

 Available from the American Petroleum Institute,

 1220 L

Street,

 N.W.., Washington,

 D.C.

 20005,

 (202)

 682-8000:

API Recommended Practice 1604,

 “Removal, and Disposal

of

Used Underground Petroleum Storage Tanks”, Second Edition,

December,

1987

API Recommended Practice

 1615,

 “Installation

 of Underground

Petroleum Storage Systems”, Fourth Edition, November, 1987

API Recommended Practice

 1621,

 “Bulk Liquid Stock Control

at Retail

 Outlets”, Fourth Edition, December,

1987

API Recommended Practice

 1626, “Storing and Handling

Ethanol

 and Gasoline-Ethanol

 Blends

 at Distribution

Terminals and Service Stations”,

 First Edition, April,

1985

API Recommended Practice

1627,

“Storage

and

Handl ing

Gasoline—Methanol/Cosolvent

Blends

Distribution

Terminals and

 Service Stations”,

 First Edition, August,

1986

API

Recommended

 Practice

 1631,

 “Interior Lining

of

Underground Storage Tanks”,

 Second Edition, December,

1987

API

 Recommended Practice 1632,

 “Cathodic Protection of

Underground

 Petroleum Storage Tanks and Piping Systems”,

Second Edition,

 December, 1987

API

 Publication

 2015,

 “Cleaning Petroleum Storage Tanks”,

Third Edition,

 September,

1985

API Publication

 2200,

 “Repairing Crude Oil, Liquified

Petroleum Gas,

 and Product Pipelines”,

 Scond Edition,

April,’ 1983

ASME.

 Available from the American Society

 of Mechanical

Engineers, 345 East 47th Street, New York,

NY

 10017,

 (212) 705—

7722:

“Chemical

 Plant

 and Petroleum Refinery Piping”, ASME/ANSI

B31.3

 1987,

 as supplemented

 by B31.3a

—

 1988 and B31.3b

—

98—453

—16—

1988.

 Also available from ANSI.

“Liquid Transportation Systems for Hydrocarbons, Liquid

Petroleum Gas, Anhydrous Ammonia,

 and Alcohols”, ASME/ANSI

B31.4

—

 1986,

as

 supplemented

 by B31.4a

—

 1987.

 Also

available from ANSI.

ASTM.

 Available from American Society for Testing and

Materials,

 1916 Race Street, Philadelphia, PA

 19103,

 (215)

 299—

5400:

ASTM 04021—86, “Standard Specification

 for Glass-Fiber—

Reinforced Polyester Underground Petroleum Storage Tanks”,

approved July 25, 1986.

NACE.

 Available from the National Association of Corrosion

Engineers,

 1400 South Creek Dr., Houston, TX

 77084,

 (713) 492-

0535:

NACE

Standard

Recommended

Practice

RPO169—83,

“Control

External Corrosion on Underground

 or Submerged Metallic

Piping Systems”, Revised January, 1983

NACE Standard Recommended Practice RP0285—85,

 “Control

of

External Corrosion on Metallic Buried, Partially

 Buried,

or

Submerged Liquid Storage Systems”, Approved March,

1985

NFPA.

 Available from the National Fire Protection Association,

Batterymarch Park,

 Boston,

MA

 02269,

 (617)

 770—3000 or (800)

344-3555:

NFPA 30, “Flammable and Combustible Liquids Code”,

 issued

July 17,

 1987.

 Also available from ANSI.

NFPA 385,

 “Tank Vehicles

 for Flammable

 and Combustible

Liquids”,

 issued December

7,

 1984.

 Also available from

ANSI.

NIOSH.

 Available from the National

 Institute for Occupational

Safety and Health,

 Publications

 Office, 4676 Columbia Parkway,

Cincinnati,

OH

45226

 (513)

 533—8287:

NIOSH Publication No. 80—106, “Criteria for

 a Recommended

Standard

 .Working

in

 a Confined Spaces”, December, 1979

PEI.

 Petroleum Equipment Institute, Box 2380,

 Tulsa,

OK

74101

 918/, 743-9941.

PEI/RP100—87, “Recommended Practices for Installation of

Underground Liquid Storage Systems”

 1987 Edition

STI.

 Available from the Steel

 Tank Institute,

 728 Anthony

Trail, Northbrook,

IL

 60062,

 (312) 498—1980:

98—454

—17—

STI—P3,

 “Specification and Manual

 for External

 Corrosion

Protection of Underground Steel

 Storage Tanks”, effective

May

1987.

STI, “Standard for Dual

 Wall

 Underground Steel

 Storage

Tanks”

 (1986).

UL.

 Underwriters Laboratories,

 Inc.,

 Publications Stock,

333

Pfingsten Road, Northbrook,

IL

 60062—2096

 312/ 272-8800,

extension 2612 or

 2622:

UL

58

——

 1985,

 “Standard for Steel

 Underground Tanks

for

Flammable and Combustible Liquids”, Eighth Edition,

 April

15,

 1986.

 Also available from ANSI.

UL

567

 1983,

 “Standard for Pipe Connectors for Flammable

and Combustible Liquids and LP—Gas”, Fifth

 Edition, March

12,

 1984,

as

 revised September 30,

 1985.

 Also available

from ANSI.

UL 1316,

 “Standard

 for Glass—Fiber-Reinforced Plastic

Underground Storage Tanks

 for Petroleum Products”,

 First

Edition, July

1,

 1983,

 as revised April

29,

 1986 and March

3, 1987

UL Canada.

 Underwriters’ Laboratories of Canada,~7 Crouse Rd.,

Scarborough, Ontario

M1R

 3A9 CANADA,

 416/ 757—3611.

UL Canada Standard CAN4-S603—M85, “Standard for Steel

Underground Tanks

 for Flammable and Combustible Liquids”,

First Edition, June,

 1985.

UL Canada Standard CAN4—S603.1-M85,

 “Standard for Galvanic

Corrosion Protection Systems for Steel

 Underground Tanks

for Flammable and Combustible Liquids”,

 First

 Edition,

June,

 1985.

UL Canada Standard CAN4-S615—M83, “Standard for Reinforced

Plastic Underground Tanks

 for Petroleum Products”, First

Edition, February,

 1983.

UL Canada Standard CAN4—S631-M84,

 “Standard for Isolating

Bushings for Steel

 Underground Tanks Protected with

Coatings and Galvanic Systems”,

 First Edition, May,

 1984.

UL Canada Standard CAN4-S633—M84, “Flexible Underground

Hose COnnectors for Flamable and Combustible Liquids”,

First Edition, June,

 1984.

UL Canada Subject C1O7C—M1984,

 “Guide for Glass

 Fibre

Reinforced Plastic Pipe and Fittings for Flammable

Liquids”, First Edition, June,

 1984.

~j

CFR

 (Code

 of Federal Regulations).

 Available from the Superintendent

98—455

-18-

of Documents,

 U.S. Government Printing Office,

 Washington, D.C.

20401,

 (202)

 783-3238:

10 CFR

 50, Appendix A

 (1988)

40 CFR 280.3

 (1987)

 (repealed September 23,

 1988)

40 CFR

 302.4,

 302.5

 and 302.6

 (1988)

40 CFR

 355.40

 (1988),

~

 This Section

 incorporates

 no later editions

 or amendments.

(Source:

 Added

at

 13 Ill. Reg.

 effective

Section 731.114

 Implementing Agency

a)

 The implementing agency

 is the Fire Marshal

 or the Agency,

as

specified

 in this Part.

b)

 Generally the Agency

is

 the implementing agency for corrective action

beyond

 immediate

 response.

 The Fire Marshal

is

 the implementing

~ency for

all

 other aspects

 of the program.

(Source:

 Added

at

13

 Ill. Reg.

 effective

SUBPART

B:

 UST SYSTEMS: DESIGN; CONSTRUCTION,

 INSTALLATION AND NOTIFICATION

Section 731.120

 Performance Standards for New Systems

In order to

 prevent

 releases due

to

 structural

 failure, corrosion or

 spills

and overfills

for

as

 long

 as the UST system

is

 used to

 store regulated

substances,

 owners

 and operators of new UST systems

 shall

 meet the following

requi rements.

a)

 Tanks.

 Each tank must be properly designed

 and constructed,

 and any

portion underground

 that routinely contains product must be protected

from corrosion,

 in accordance with

 a code of practice developed by

a

nationally recoynized association

 or independent testing laboratory

as

 specified below:

The

 tank

 is constructed of fiberglass—reinforced plastic;

or

BOARD NOTE:

 The following industry codes,

 incorporated

by

reference

 in Section

 731.113, may be

 used to comply with this

subsection:

 UL 1316;

 UL Canada Standard CAN4-S615;

 or ASTM

04021.

~j

The

 tank

is

 constructed of

 steel

 and cathodically protected

in

the following manner:

The

 tank is coated with

 a suitable dielectric material

~j

 Field—installed cathodic protection systems are designed by

98—456

—19-

a corrosion expert

çj

 Impressed current

 systems are designed to allow

determination of current operating status

 as required

in

Section 731.131(c)

 Cathodic protection systems

 are operated and maintained

in

accordance with Section 731.131;

or

BOARD NOTE:

 The following codes and standards,

incorporated

 by reference in Section 731.113, may be used

 to comply with

 this subsection:

 STI-P3;

UL

 1746;

 UL Canada

Standard CAN4-S6O3,

 CAN4-S603.1 and CAN4-S631; NACE RP0285

or

UL

58.

3)

The

 tank

is

 constructed of

 a steel—fiberglass—reinforced—plastic

composite;

or

BOARD NOTE:

 The following industry codes,

 incorporated

by

reference

 in Section

 731.113, may be used to comply with

 this

subsection:

 UL 1746 or ACT—100.

~j

 The tank is constructed

 of metal

 without additional

 corrosion

protection measures provided that:

~j

 The tank

is

 installed at

 a site that

 is determined by

a

corrosion expert not to

 be corrosive enough

 to cause

it

to

have a release due to corrosion during

 its operating life

and

 Owners

 and operators maintain records that demonstrate

compliance with

 the requirements

 of subsection

 (a)(4)(A)

for the remaining life of the tank.

~j

 Piping.

The

 piping that routinely contains regulated substances

and

is

in

 contact with the ground must

 be properly designed, constructed

and protected from corrosion

 in accordance with

 a code of practice

developed by

 a nationally recognized association

 or independent

testing laboratory

as

 specified below:

fl~

 The piping

 is constructed of fiberglass—reinforcing plastic;

or

BOARD NOTE:

 The following codes and

 standards,

 incorporated

by

reference in Section 731.113, may be used to comply with this

subsection:

UL

 567;

 UL Canada Subject C1O7C;

 UL Canada Standard

CAN4-S633

2)

The

 piping

 ‘is constructed of

 steel

 and cathodically protected

in

the following manner:

~

 The piping

is

 coated with

 a suitable dielectric material

 Field—installed cathodic protection systems

 are designed by

a corrosion expert

98—457

-20-

çj

 Impressed current

 systems

 are designed to allow

determination of current operating status

as

 required

in

Section

 731.131(c).

~j

 Cathodic protection

 systems are operated and maintained

in

accordance with Section 731.131;

or

BOARD NOTE:

 The following

 codes and standards,

incorporated

by

 referen’-”

 in Section 731.113, may be used

to comply with this subsection:

 NFPA 30; API

 Recommended

Practice

 1615;

 API Recommended Practice

 1632; NACE RPO169.

3)

 The piping

is

 constructed

 of metal

 without additional corrosion

protection measures provided that:

A)

 The piping

is

 installed

at

 a site that

 is determined

by

a

corrosion expert

to

 not be corrosive enough

 to cause

it

to

have

a

 release due to

 corrosion during

 its operating life

and

B)

 Owners

 and operators maintain records that demonstrate

compliance with the requirements

 of subsection

 (b)(3)(A)

for the remaining life of the piping;

or

BOARD NOTE:

 NFPA 30 and NACE RP0169,

 incorporated

by

reference

 in Section

 731.113, may be used to

 comply with

this subsection.

c)

 Spill

 and overfill

 prevention equipment.

1)

 Except

 as provided

 in subsection

 (c)(2),

 to prevent spilling and

overfilling associated with product transfer to the UST system,

owners

 and operators shall

 use the following spill

 and overfill

prevention equipment:

A)

 Spill

 prevention equipment that will

 prevent release

of

product

 to the environment when the transfer hose

is

detached from the

 fill

 pipe

 (for example,

a

 spill

 catchment

basin);

and

B)

 Overfill prevention

 equipment that will:

 Automatically shut off flow into

 the tank when

the

tank

is

 no more than 95 percent

 full;

or

flj

 A,lert the transfer operator when the tank

is

 no more

than

 90 percent

 full

by

 restricting the

 flow into

the

tank or triggering

a

 high-level

 alarm.

2)

Owners

and

operators

are

not

required

use

the

spill

and

overfill

 prevention equipment specified in subsection

 (c)(1)

if:

 The UST system

is

 filled

 by transfers of

 no more than 25

gallons

 at one time.

98—4

—21—

Installation.

All

tanks

and

 piping must be properly installed

in

 accordance with

 a code of

 practice developed by

 a nationally

recognized

 association or

 independent testing laboratory and in

accordance with the manufacturerrs instructions.

BOARD NOTE:

 Tank and piping system installation practices and

procedures described

 in the following codes,

 incorporated

by

reference

in

 Section 731.113, may be

 used to comply with the

requirements

 this subsection:

 API Recommended Practice

 1615;

PEI/RP100;

 or AHSI/ASME B31.3 and B31.4.

~j

 Certification

of

 installation.

All

 owners and operators shall

 ensure

that

 one or more of the following methods

 of certification, testin9,

or

 inspection is used to demonstrate compliance with subsection

(d)

by

 providing

 a certification of compliance on

 the UST notification

form

 in accordance with Section

 731.122.

jj

 The installer has been certified by the tank and piping

manufacturers; or

2)

 The installer has been certified

 or licensed by the

 Fire

~1arshal

 ; or

3)

 The installation has been inspected and certified by

a

registered professional

 engineer with education and experience

in UST

 system installation;

or

~j

 The installation has been inspected

 and approved by the Fire

Marshal ; or

~j

 All work

 listed

 in the manufacturer’s installation

 checklists

has

 been completed.

(Source:

 Added

at

13

 Ill. Reg.

 effective

)

Section

 731.121

 Upgrading of

 Existing Systems

~j

 Alternatives allowed.

Not

 later than December 22,

 1998,

 all existing

UST systems must comply with one of the following requirements:

 New UST

 system performance standards under Section 731.120

~j

 The upgrading requirements

 in subsections

 (b) through

 (d);

or

iti.

 Closure

 requirements

 under Subpart

G,

 including applicable

requirements for corrective action under Subpart

F.

~

 Tank upgrading requirements.

 Steel

 tanks

 must

 be upgraded to meet

one of the following requirements

in

 accordance with

 a code of

practice developed by

 a nationally recognized

 association or

independent testing

 laboratory:

1)

 Interior lining.

 A tank may be upgraded

 by internal

 lining

if:

98—459

-22-

A)

The

 lining

is

 installed

 in accordance with the requirements

of Section

731.133,

and

jfl

 Within

 10 years

 after lining,

 and every

 5 years thereafter,

the lined tank

 is internally inspected and found

to

be

structurally sound with the

 lining

 still

 performing

in

accordance with original design

 specifications.

2)

 Cathodic protection.

 A tank may be upgraded by cathodic

protection

 if the cathodic protection system meets the

requirements of Section 731.12O(a)(2)(B), ~C)and

 (D) and

the

integrity of the tank

 is ensured using one

 of the following

methods:

A)

 The tank

 is internally inspected

 and assessed to ensure

that the tank

 is structurally sound and free of corrosion

holes prior

 to installing

 the cathodic protection system

or

~

 The tank has been installed for less than 10 years

and

is

monitored monthly for releases

in

 accordance with Section

731.143(d)

 through

 (h);

or

C)

 The tank has been installed for

 less than 10 years

and

is

assessed

 for corrosion holes by conducting two

(2)

tightness

 tests that meet the requirements

 of Section

731.143(c).

 The first tightness test must be conducted

prior

 to installing the cathodic protection system.

The

second

tightness

test

must

conducted

between

 three

(3)

and six

 (6) months following

the

first

operation

the

cathodic protection

 system.

~j

 Internal

 lining combined with cathodic protection.

 A tank may

be upgraded by both internal

 lining and cathodic protection

if:

A)

The

 lining

is

 installed in accordance with

 the requirements

of Section

 731.133;

and

~

 The cathodic protection system meets the requirements

of

Section 731.120(a)(2)(B),

(C)

and

 (D):

BOARD NOTE:

 The following codes

 and standards,

incorporated

 by reference

 in Section 731.113, may be

 used

to comply with this Section:

API

 Recommended Practice

1631; NACE RP0285 and, API Recommended

 Practice 1632.

~i1

 Piping upgrading requirements.

Metal

piping

that

routinely

contains

regulated substances

and

is

 in contact with the ground

 must be

cathodially

 protected

 in accordance with

a

 code of practice developed

by

 a nationally recognized association

or

 independent testing

laboratory and must meet the requirements

 of Section

731.120(b)(2)(B),

(C)

and

 (D).

98—460

—23-

BOARD NOTE:

 The codes

 and standards listed

in

 the note following

Section 731.120(b)(2) may be used to comply with this requirement.

~j

 Spill

 and overfill prevention equipment.

 To prevent spilling

and

overfilling associated with product transfer to the UST system,

all

existing UST systems must comply with

 new UST system spill

and

overfill prevention equipment requirements specified in Section

731.120(c).

(Source:

 Added

at

13

 Ill. Reg.

 effective

)

Section 731.122

 Notification Requirements

~j

 Any owner who brings

 an underground storage tank system into use

after May

8,

 1986,

 shall

 within

 30 days of bringing such tank into

use,

 submit,

 in the form prescribed

 in Appendix A,

 a notice

of

existence

 of such tank system to the Fire Marshal.

BOARD NOTE:

 Owners and operators of UST systems that were

 in the

ground

on

 or after May 8, 1986,

 unless

 taken out

 of operation on

or

before January

1,

 1974, were required to

 notify the Fire Marshal

in

accordance with RCRA and 40 CFR 280.3

 (1987), unless notice was given

pursuant to

 40 CFR

 302.6,

 incorporated

by

 reference

 in Section

731.113.

 Section 4(b)(1) of the Gasoline Act

 (Ill.

 Rev.

 Stat.

 1987,

ch. 127

 1/2,

 par.

 156(bl(1))

 required notification by December

31,

1987,

 for tanks which held regulated substances after January

1,

1974.

 Owners and operators who have not complied with

the

notification

 requirements may use portions

 I through VI

 of the

notification

 form contained

 in Appendix A.

~j

 Owners

 required to

 submit notices under subsection

(a)

 shall

 provide

notices

 to the Fire Marshal

 for each tank they own.

 Owners may

provide

 notice for several

 tanks using one notification form,

but

owners who

 own tanks

 located

 at more than one place

 of operation

shall

 file

 a separate notification

 form for each separate place of

operation.

~ft

 Notices

 required to

 be submitted under subsection

 (a) must provide

all

 of the information

 in Sections

 I through VI

 of the form for each

tank for which notice must be given.

 Notices for tanks installed

after December 22,

 1988, must also provide

all

 of the information

in

Section

VII

 of the prescribed

 form for each tank for which notice

must

 be given.

~j

All

 owners

 and operators of

 new UST systems

 shall

 certify

 in the

notification form compliance with the following requirements:

~j

 Installation

 of tanks

and

 piping under Section 731.120(e)

~j

 Cathodic protection of

 steel

 tanks

 and piping under Section

731.120(a)

 and (b)

~j

 Financial

 responsibility under Subpart H;

and

98—461

~j

 Release detection under Sections 731.141 and 731.142.

fl~

All

 owners and operators of new UST systems shall

 ensure that

the

 installer certifies in

 the notification form that the methods used to

install

 the tanks

 and piping complies with the requirements

in

Section 731.120td).

~9j

 Beginning October

 24, 1988,

 any person who sells

 a tank intended to

be used

as

 an underground storage tank shall

 notify the purchaser of

such tank of the owner’s notification obligations

 under subsection

f~).

The form provided

 in Appendix C may be used to comply with this

requirement.

(Source:

 Added

at

 13 Ill. Reg.

 effective

)

SUBPART

GENERAL

OPERATING

REQUIREMENTS

Section 731.130

 Spill

 and Overfill Control

~j

 Owners and operators

 shall

 ensure that releases due to spilling or

overfilling do

 not occur.

 The owner and operator shall ensure that

the volume available

 in the tank is greater than

 the volume of

product

to

 be transferred to the tank before the transfer

 is made and

that the transfer operation

 is monitored constantly

 to prevent

overfilling and spillin~

BOARD NOTE:

 The transfer procedures described

 in NFPA 385,

incorporated by reference in Section 731.113, may be used to comply

with this subsection.

 Further guidance

 on spill

 and overfill

prevention

 appears

 in API

 Recommended Practice

 1621 and NFPA Standard

30.

.!al

 The owner and operator shall

 report,

 investigate and clean

 up any

spills and overfills in accordance with Section

 731.153.

(Source:

 Added

at

13

 111. Reg.

 effective

)

Section

 731.131

 Operation and Maintenance of Corrosion Protection

All owners and operators of steel

 liST systems with corrosion protection

 shall

comply with the following requirements to ensure that releases due to

corrosion are prevented for as

 long as the UST system

 is used to store

regulated substances:

~j

All

 corrosion protection systems must~beoperated and maintained

to

continuously provide corrosion protection to the metal

 components

of

that portion

 of •the tank and piping that routinely contain regulated

substances

and

are

 in contact with the ground.

~

 All UST systems equipped with cathodic protection

 systems must be

inspected for proper operation by

 a qualified cathodic protection

tester

 in accordance with the following requirements:

 Frequency.

 All cathodic protection systems must be tested

98—462

—25—

within

 6 months

of

 installation and at least every

 3 years

thereafter;

and

 Inspection

 criteria.

 The criteria that are used to determine

that cathodic protection

 is adequate as

 required by this Section

must

be

 in accordance with

 a code of practice developed by

a

nationally

 recognized association.

BOARD NOTE:

 MACE RPO285, incorporated

 by reference

 in Section

731.113, may be used

to

 comply with subsection

 (b)(2).

~

UST

 systems

 with impressed current cathodic protection

 systems must

also be inspected every

 60 days to ensure the equipment

is

 running

properly.

çfl

 For UST systems using

 cathodic protection,

 records

 of the operation

of the cathodic protection must be maintained

 (in accordance with

Section 731.134) to demonstrate compliance with the performance

standards

 in this Section.

 These

 records must provide the following:

~j

The

 results

 of the last three inspections

 required

in

 subsection

Lc);

and

 The results

 of testing from the

 last two inspections required

in

subsection

 (b).

(Source:

 Added

at

13

 Ill. Reg.

 effective

Section

 731.132

 Compatibility

Owners

 and operators

 shall

use

 an UST system made of

 or lined with materials

that

 are compatible with the substance stored

 in the UST system.

BOARD NOTE:

 Owners

 and operators storing alcohol

 blends may use the following

codes,

 incorporated

 by reference

 in Section 731.113, to comply with the

requirements

 of this Section:

 API Recommended Practice 1626 and

 1627.

(Source:

 Added

at

13

 Ill. Reg.

 effective

Section

 731.133

 Repairs Allowed

Owners and operators

 of UST systems

 shall ensure that

 repairs will prevent

releases due to

 structural

 failure

 or corrosion as

 long as

 the UST system is

used to

 store regulated substances.

The

 repairs must meet the following

requi rements:

 Repairs

 to UST systems must be

 properly conducted

 in accordance with

a code of practice developed

by

 a nationally recognized

 association

or

 an independent testing laboratory.

BOARD NOTE:

 The following codes

 and standards,

 incorporated

by

reference

in

 Section 731.113, may be used

 to comply with this

subsection: NFPA 30;

 API Publication 2200;

 and API Recommended

Practice

 1631.

98—463

-26-

j~j

 Repairs

 to fiberglass—reinforced plastic tanks may be made by

the

manufacturerus

authorized

representatives

accordance

with

code of practice developed by a nationally

 recognized association

or

independent

testing

laboratory.

~j

 Metal

 pipe sections

 and fittings that have released product

as

a

result

 of corrosion or other damage must be

 replaced.

 Fiberglass

pjpes

and

fittings

may

repaired

accordance

with

the

manufacturer’s

specifications.

,~ft

~p~ired tanks

 and piping must

 be tightness tested

 in accordance with

Section 731.143(c) and Section 731.144(b) within

 30 days following

the date of the completion of the

 repair

 except

 as follows:

 The repaired tank is internally inspected in accordance with

a

code of practice developed by

 a nationally

 recognized

association

 or an independent testing laboratory;

or

~j

 The repaired portion

 of the UST system is monitored monthly for

releases

 in accordance with

 a method specified

 in Section

731.143(d) through (h).

 Within

 6 months following the repair of any cathodically protected

UST system,

 the cathodic protection

 system must be tested

in

accordance with Section 731.131(b)

and

 (c) to ensure

 that

it

is

~p~çatingproperly.

,j~j

 liST system owners and operators

 shall

 maintain records

 of each repair

for the remaining operating life of the UST system that demonstrate

compliance with

 the requirements

 of this Section.

(Source:

 Added

 at 13

 Ill.

 Reg.

 effective

)

Section

 731.134

 Reporting and Recordkeeping

Pursuant

 to Section 4(d) of the Act and Section

 4(d) of the Gasoline Act

 (Ill.

Rev. Stat.

 1987,

ch.

 127 1/2, par. 154(d)), owners and operators of UST

systems shall

 cooperate fully with inspections, monitoring

 and testing

conducted by the Fire Marshal

 or Agency,

 as welT

 as requests

 for document

submission,

 testing and monitoring

 by the owner or operator.

~j

 Reporting.

 Owners and operators

 shall

 submit

 the following

information

 to the Fire Marshal

 or Agency:

 Notification for all

 UST systems (Section 731.122), which

includes certification of installation for new systems

 (Section

731.120(e))

~j

 Reports

of

all

 releases including suspected releases

 (Section

731.150),

 spills and overfills

 (Section 731.153),

 and confirmed

releases

 (Section 731.161)

,~j

 Corrective actions

 planned

 or taken including initial

 abatement

98—464

—27-

measures

 (Section

 731.162), initial

 site characterization

(Section

731.163),

free

product

removal

(Section

731.164),

investigation of soil

 and groundwater cleanup (Section

 731.165),

and corrective action plan (Section

 731.166); and

notification

before

permanent

closure

change-in-service

(Section

731.171).

~

 Recordkeeping.

 Owners and operators shall

 maintain the following

information:

1)

 A corrosion expert’s analysis

 of site corrosion potential

if

corrosion protection equipment

is

 not used (Section

731.12O(a)(4) and

 (b)(3)).

.~l.

Documentation of operation of

 corrosion protection equipment

(Section 731.131)

Documentation

UST

system

repairs

(Section

731.133(f))

~j

 Recent

 compliance with release detection

 requirements

 (Section

731.145); and

 Results

 of the site investigation conducted at permanent closure

(Section 731.174).

~j

 Availability and Maintenance

 of Records.

 Owners

 and operators shall

keep the records required either:

~

 At the UST

 site and immediately available

 for inspection

 by the

Fire Marshal

 or Agency;

or

~j

At

a

 readily available alternative site and be provided for

inspection

 to the

 Fire Marshal

 or Agency upon request.

BOARD NOTE:

 In the

 case of permanent closure records required

under Section 731.174, owners and operators are also provided

 with

 the additional

 alternative of mailing closure records

to

the Fire Marshal

 if they cannot

 be kept at

 the site or

an

alternative site as

 indicated above.

(Source:

 Added

at

13

 Ill. Reg.

 effective

)

SUBPART

0:

 RELEASE DETECTION

Section 731.140

 General Requirements for all Systems

 Owners and operators of new and existing UST systems

 shall

 provide

a

method,

or

 combination

 of methods,

of

 release detection that:

Can

 detect

a

 release from any portion of

 the tank and the

connected underground piping that

 routinely contains

 product:

fl~

Is

 installed,

 calibrated, operated

 and maintained

in

 accordance

98—465

-28-

with the manufacturer’s instructions, including routine

maintenance and service checks for operability

 or running

condition; and

~j

 Meets the performance

 requirements

 in Sections 731.143

or

731.144, with any performance claims and their manner

of

determination described in writing by the equipment manufacturer

 or installer.

 In addition, methods used after December

22,

1990, except

 for methods permanently

 installed prior to that

date, must be capable

 of detecting the

 leak rate

 or quantity

specified for that method

 in Section 731.143(b),

(c)

and

 (d) or

Section

 731.144(a)

and

 (b), with

 a probability

 of detection

of

0.95 and

 a probability

of

 false alarm of 0.05.

j~j

 When

a

 release detection method operated

 in accordance with

the

performance standards

 in Section 731.143 and 731.144 indicates

a

release may have occurred,

 owners and operators

 shall

 notify ESDA in

accordance with Subpart E.

c)

 Owners and operators

 of UST systems shall

 comply with

 the release

detection requirements

 of this Subpart

in

 accordance with the

following schedule:

11.

 For all pressurized piping

 in accordance with Section

731.141(b)(1) and 731.142(b)(4), by December

22,

 1990.

~j

 For tanks and suction piping

 in accordance with Section

731.141(a), 731.141(b)(2)

 and 731.142 for tanks:

~j

 With

 an unknown installation date,

 by December

22,

 1989.

~j

 Installed before 1965,

 by December

22,

 1989.

 Installed

 in 1965 through 1969,

 by December

22,

 1990.

 Installed

 in 1970 through

 1974,

 by December 22,

 1991.

 Installed

 in 1975 through

 1979,

 by December 22,

 1992.

 Installed

in

 1980 through December 22,

 1988,

 by December

22,

 1993.

~j

 Installed after December 22, 1988,

 immediately upon

installation.

~j

 Any existing UST system that cannot

 apply

 a method

of

 release

detection that complies with the requirements

 of this Subpart must

complete the closure procedures

 in Subpart

 0 by the date on

 which

release detection

is

 required for that

 UST system under

 subsection

(c).

(Source:

 Added

at

13

 Ill.

 Reg.

 effective

Section 731.141

 Petroleum Systems

98—466

—29—

Owners and operators of petroleum UST systems shall

 provide release detection

for

 tanks and piping

 as follow:

,~j

 Tanks.

 Tank must be monitored at least

 every

 30 days for releases

using one of the methods listed

 in Section 731.143(d) through

(h)

except that:

 UST systems that meet the performance standards

 in Section

731.120 or Section 731.121,

 and the monthly inventory control

requirements

 in Section 731.143(a) or

 (b), may use tank

tightness testing

 (conducted

 in accordance with Section

731.143(c)

at

 least every

 5 years until

 December 22,

 1998 or

until

 10 years after the tank

is

 installed

 or upgraded under

Section 731.121(b), whichever

is

 later.

~j

 UST systems that do

 not meet

 the performance standards

in

Section

 731.120

 or 731.121, may use monthly inventory controls

(conducted

in

 accordance with Section 731.143(a)

or

 (b)) and

annual tank tightness testing (conducted

 in accordance with

Section 731.143(c))

 until

 December 22,

 1998, when the tank must

be upgraded under Section 731.121 or permanently closed under

Section

 731.171; and

j~j

 Tanks with capacity of 550 gallons

 or less may use weekly tank

gauging

 (conducted

 in accordance with Section 731.143(b)).

~

 Piping.

 Underground piping that routinely contains regulated

substances

 must be monitored

 for releases

in

 a manner

 than meets

one

of

 the following requirements:

 Pressurized piping.

 Underground piping that conveys

 regulated

substances under pressure must:

~j

 Be equipped with an automatic line leak detector conducted

in accordance with Section 731.144(a);

and

~

 Have an annual

 line tightness test conducted

 in accordance

with Section 731.144(b)

 or have monthly monitoring

conducted

in

 accordance with Section 731.144(c).

~

 Suction

 piping.

 Underground piping that conveys

 regulated

substances under suction must either have

a

 line tightness test

conducted at

 least every

 3 years

 and in accordance with Section

731.144(b),

 or use

 a monthly monitoring method conduct

in

accordance with Section 731.144(c).

No

 release detection is

required for suction piping that

 is designed

and

 constructed to

meet the following standards:

 The below-grade piping operates at

 less than atmospheric

pressure

 The below-grade

 piping is

 sloped

 so that the contents

of

the pipe will drain back into the storage tank

 if the

98—467

-30-

suction

 is released

~j

 Only one check valve

 is included

 in each suction line

The

 check valve

 is located directly below and as

 close

as

practical

to

 the suction pump;

and

 A method

 is provided that allows compliance with

subsections

 (b)(2)(B) through

 (b)(2)(D) to

 be readily

determined.

(Source:

 Added

at

 13 Ill. Reg.

 effective

Section 731.142

 Hazardous Substance Systems

Owners

 and operators of hazardous substance UST systems shall

 provide release

detection that meets the following requirements:

~j

 Release detection

 at existing

 liST systems must meet the requirements

for petroleum UST systems

 in Section 731.141.

 By December

22,

 1998,

all existing hazardous substance UST systems must meet the

 release

detection requirements

 for new systems

in

 subsection

 (b).

b)

 Release detection

at

 new hazardous substance UST systems must meet

the following requirements:

1)

 Secondary containment systems must be designed, constructed and

installed to:

~j

 Contain regulated substances

 released from the tank system

until

 they are detected and removed

 Prevent the release of regulated substances

 to the

environment

 at any time during the operational

 life of the

UST system;

and

~j

 Be checked for evidence of

 a release at

 least every

30

days.

BOARD NOTE:

35

 Ill.

 Adm. Code 725.293 may be used

to

comply with these requirements.

,~j

 Double-walled tanks must be designed, constructed and installed

to:

~j

 Contain

 a release from any portion of the inner tank within

the outer wall;

and

j~j Detect the failure of the

 inner wall.

j~j

 External

 liners (including vaults) must be designed, constructed

and installed to:

~j

 Contain 100 percent

 of the capacity of the largest tank

98—468

-31—

within

 its boundary

 Prevent the interference

 of precipitation of groundwater

intrusion with the ability

 to contain

 or detect

a

 release

of

 regulated substances;

and

~çj~

 Surround the tank completely

 (i.e.,

it

 is capable of

preventing

 lateral

 as well

as

 vertical migration of

regulated substances).

4)

 Underground

 piping must be equipped with secondary containment

that satisfies the requirements

 of subsection

 (b)(1)

 (e.g.,

trench liners, jacketing

 of double—walled pipe).

 In addition,

underground piping that conveys regulated substances under

pressure must be equipped with an automatic

 line

 leak detector

in accordance with Section

 731.144(a).

(Source:

 Added at

 13 Ill. Reg.

 effective

Section 731.143

 Tanks

Each method

of

 release detection for tanks

 used to meet

 the requirements

of

Section 731.141

 must be conducted

in

 accordance with the following:

~J

 Inventory control.

 Product inventory control

 (or another test of

equivalent performance) must

 be conducted monthly

 to detect

 a release

of at

 least

 1.0 percent

 of flow-through plus 130 gallons

on

 a monthly

basis

 in the following manner:

 Inventory volume measurements

 for regulated substance inputs,

withdrawals and the

 amount

 still

 remaining

in

 the tank are

recorded each operating day

.?1

 The equipment used

 is capable

 of measuring the

 level

 of product

over the full

 range

 of the tank’s height

 to the nearest one-

eighth

of

 an inch

~j

 The regulated substance inputs are reconciled with delivery

receipts by measurement

of

 the tank inventory volume before and

after delivery

.~U.

 Deliveries

 are made through

 a drop tube that extends

 to within

one foot of the tank bottom

~

 Product dispensing

 is metered and recorded within

an

 accuracy

of

6 cubic

 inches for every

5

 gallons

 of product withdrawn;

and

BOARD NOTE:

 Metering of petroleun products

is

 regulated

 by the

Illinois Department

 of Agriculture pursuant to Sections

 8 and

43

of the Weights and Standards Act

 (Ill.

 Rev.

 Stat.

 1987,

ch.

 147,

pars.

 108 and

 143) and 8 Ill. Adm. Code 600.120

 and 600.650

et

seq.

In

 that these

 regulations do not specify the accuracy of

metering,

 owners

 or operators need

 to obtain

 an independent

 certification

 of meter accuracy prior

 to using this Section.

93—469

-32-

6)

 The measurement

of

 any water

 level

 in the bottom

 of the tank

is

made to the nearest one—eighth

of

an

 inch at

 least once a month.

BOARD NOTE:

 Practices described

 in the API Recommended Practice

1621,

 incorporated

 by reference in Section 731.113, may be

 used,

where applicable,

 as guidance

 in meeting the requirements of

this subsection.

~j

 Manual

 tank gauging.

 Manual

 tank gauging must meet the following

requi rements:

1)

 Tank liquid

 level

 measurements are taken at the beginning and

ending of

 a period

of

 at least

 36 hours during which

no

 liquid

is

 added

 to or removed from the tank

2)

 Level

 measurements are based

on

 an average of two consecutive

stick

 readings

 at both the beginning and ending

 of the period

3)

 The equipment used

 is capable of measuring the level

 of product

over the full

 range

 of the tank’s height

 to the nearest

 one-

eighth

of

 an inch

4)

 A leak

 is suspected and subject

to

 the requirements

 of Subpart

E

if the variation between beginning and

 ending measurements

exceeds the weekly or monthly standards

 in the following table:

Nominal Tank

Capacity

(Gallons)

Weekly Standard

 Monthly Standard

One Testi

Gallons)

(Average

 of Four Tests)

(Gallons)

550 or less

551 to

1000

1001 to 2000

10

13

26

5

7

13

Only tanks

of

 550 gallons

or

 less nominal

 capacity may use this

as the

 sole method of

 release detection.

 Tanks

of

 551 to 2,000

gallons may use

 the method

 in place

 of manual

 inventory control

in Section 731.143(a).

 Tanks of greater than 2,000 gallons

nominal

 capacity must

not

 use this method

 to meet

the

requirements

 of this Subpart.

çj

 Tank tightness testing.

 Tank tightness testing

 (or another test of

equivalent performance)

 must

 be capable

 of detecting

a

0.1

 gallon per

hour leak rate from any portion

 of the tank that routinely contains

product while accounting

 for the effects of thermal

 expansion or

contraction

 of the product, vapor pockets, tank deformation,

evaporation

 or condensation and the location

 of the

water

table.

~j

 Automatic tank gauging.

 Equipment for automatic tank gauging that

tests

 for the loss

 of product

 and conducts

 inventory control

 must

meet

 the following requirements:

1)

 The automatic product

 level

 monitor test can detect a 0.2

 gallon

98—470

—33—

per hour leak

 rate from any portion

of

 the tank that routinely

contains product;

and

~j

 Inventory control

 (or another test of equivalent performance)

is

conducted in accordance with the requirements

 of Section

731.143(a).

~j

 Vapor monitoring.

 Testing

 or monitoring

 for vapors within the soil

~as of

 the excavation zone must meet the following requirements:

The

materials

used

backfill

are

sufficiently

porous

(e.g.,

gravel,

 sand,

 crushed rock)

to

 readily allow diffusion of

 vapors

from releases

 into the excavation area

2)

The

 stored regulated substance,

or

 a tracer

 compound placed

in

the tank system,

is

 sufficiently volatile ~e.g.,gasoline)

to

result

in

 a vapor

 level

 that

 is detectable

 by the monitoring

devices located

in

 the excavation zone

 in the event

of

 a release

from the tank

 The measurement

of

 vapors

 by the monitoring device

 is not

rendered inoperative

 by the groundwater,

 rainfall

 or soil

moisture or other known

 interferences so that

a

 release could~~

undetected for more than

 30 days

4)

 The level

 of background

 contamination

 in the excavation zone

will

 not interfere with the method

 used to detect

 releases from

the tank

~

 The vapor monitors are designed

 and operated to detect any

significant increase

 in concentration above background

 of the

regulated substance stored

 in the tank system,

 a component

or

~omponentsof that substance,

or

 a tracer compound placed

 in the

tank

system

the

UST

excavation

zone,

the

site

assessed

ensure

compliance with subsection

 (e)(1) through (e)(4)

 and to

establish the number and positioning

 of monitoring wells that

wil

 detect

 releases within the excavation zone from any portion

the

tank

that

routinely

contains

product;

and

 Monitoring wells are clearly marked and secured

 to avoid

unauthorized access

 and tampering.

fl

 Groundwater monitoring.

 Testing

 or monitoring for

 liquids

 on the

g~oundwatermust meet the following requirements:

The

regulated

substance

stored

immiscible

water

and

has

specific gravity

of

 less than one

.?1

 Groundwater

is

 never more than

 20 feet from the ground

 surface

and the hydraulic conductivity

 of the soils between the UST

~ystem

and

the

monitoring

wells

devices

not

less

than

0.01

cm/sec.

(e.g.,

the

soil

must

consist

gravels,

coarse

98-47 1

-34-

medium sands,

 coarse silts

 or other permeable materials)

3)

 The slotted portion

of

 the monitoring well casing must be

designed to

 prevent migration of natural

 soils

 or filter

 pack

into the well

 and to

 allow entry of regulated substance on the

water table into

 the well

 under both high and low groundwater

conditions

~j

 Monitoring wells must be sealed from the

 ground surface to

the

top of the

 filter pack

,~j

 Monitoring wells or

 devices intercept the excavation

 zone or are

as close

to

it

as

 is technically feasible

§.L

 The continuous monitoring devices

or

 manual methods used

can

detect the

 presence of at

 least

 one-eighth

 of an

 inch of free

product on

 top of

 the groundwater

in

 the monitoring wells

7)

 Within and immediately below the UST system excavation zone,

the

site

is

 assessed to ensure compliance with the requirements

in

subsection

 (f)(1) through (f)’~(5Iand to establish the number and

positioning of monitoring well s

 or devices that

wi

1

 detect

releases from any portion

 of the tank that routine y contains

product;

and

~j

 Monitoring wells are clearly marked

 and secured

 to avoid

unauthorized access

 and tampering.

 Interstitial

 monitoring.

 Interstitial

 monitoring between the UST

system and a secondary barrier immediately around

 or beneath

 it may

be used,

 but only if the system

 is designed, constructed and

installed to detect

 a leak from any portion of the tank that

routinely contains product

 and also meets one of the following

requirements:

1)

 For double-walled UST systems,

 the sampling or testing method

can detect

a

 release through the

 inner wall

in

 any portion

of

the tank that routinely contains product;

BOARD NOTE:

 The provisions outlined

 in STI, “Standard for Dual

Wall

 Underground Storage Tank”,

 incorporated by reference in

Section 731.113, may be used as

 guidance

 for aspects

 of the

design

 and construction of underground steel

 double—walled

tanks.

 For UST systems with

 a secondary barrier within

 the excavation

zone,

 the sampling or testing method

 used can detect

 a release

between the UST system and the secondary barrier

 The secondary barrier around

 or beneath the UST system

consists

 of artificially

 constructed material

 that

is

sufficiently thick and impermeable

 (at most 0.000001 cm/sec

(ten_to_the_minus six) for the regulated substance stored)

to

 direct

 a release

 to the monitoring point

 and permit

its

98—472

-35-

detection

~j

 The barrier is

 compatible with the regulated substance

stored

 so that

a

 release from the

 liST system will

 not cause

a deterioration of the barrier allowing

a

 release

to

 pass

through undetected

~çj

 For cathodically protected tanks,

 the secondary barrier

must be installed so that

 it does not interfere with the

proper operation of the cathodic protection system

P1.

 The groundwater,

 soil moisture

or

 rainfall will

not

 render

the testing or sampling method used inoperative so that

a

release could

 go undetected

 for more than 30 days

E)

The

 site

 is assessed to ensure that the secondary barrier

is always

 above the groundwater and not

in

 a 25—year flood

plain, unless

 the barrier and monitoring designs are

for

use under such conditions;

 and,

fl.

 Monitoring wells are clearly marked

 and secured

to

 avoid

unauthorized access and tampering.

~j

 For tanks with an internally fitted liner,

 an automated device

can detect

 a release between the

 inner wall

of

 the tank and the

liner,

 and the

 liner

 is compatible with the substance store

~J

 Other methods.

 Any other type of release detection method,

or

combination

 of methods,

 can be used

if:

It

 can detect

 a 0.2

 gallon

 per hour leak rate or

 a release

of

150

 gallons within

 a month with

a

 probability of detection of

0.95 and

 a probability of

 false alarm of 0.05;

or

~j

 The Fire Marshal

 shall

 approve by permit condition another

method

 if the

 owner and operator demonstrates that the method

can

 detect

a

 release

 as effectively as any of the methods

allowed

in

 subsection

 (c) through

 (h).

 In comparing methods,

the

 Fire Ilarshal

 shall

 consider the size of

 release that the

method can detect and the frequency and reliability with which

it

 can be detected.

If

 the method

 is approved,

 the owner and

operator shall

 comply with any conditions imposed

 by the

 Fire

Marshal

 on its use to

 ensure the protection of human

 health and

the environment.

(Source:

 Added

at

 13 Ill.

 Reg.

 effective

)

Section

 731.144

 Piping

Each method of

 release detection for

 piping used to meet the requirements of

Section 731.141 must be conducted in accordance with the following:

~

 Automatic

 line leak detectors.

 A method which alerts the operator

to

the presence of

a

 leak by

 restricting or shutting off the flow of

98—473

—36—

visuat

 alarm may be used only

if

 it detects

 leaks

of

3

 ga lions per

hour at

 10 pounds per square inch line pressure within

1

 hour.

An

annual

 test of

 the operation of the

 leak detector must be conducted

in accordance with

 the manufacturer’s requirements.

be conducted

 Line tightness testing.

 A periodic test of piping may

only

if

 it can detect

 a 0.1 gallon per hour leak rate at one and one-

half times

 the operating pressure.

çj

 Applicable tank methods.

 Any of the methods

 in Section

 731.143(e)

through

 (h) may be used if they are designed to detect

 a release

 from

any portion

 of the underground piping that routinely contains

regulated substances.

(Source:

 Added

at

13

 Ill.

 Reg.

 effective

)

Section

 731.145

 Recordkeeping

All

 liST system owners and operators

 shall

 maintain

 records

 in accordance with

Section

 731.134 demonstrating compliance with

all

 applicable requirements

of

this Subpart.

 These

 records must include the

 following:

~j

All

 written performance claims pertaining

 to any

 release detection

system used, and

 the manner

 in which these claims have been justified

or

 tested by the equipment manufacturer or installer, must be

maintained

for

 5 years

~j

 The results of any sampling, testing

 or monitoring must

 be maintained

for at

 least

 1 year,

 except that the results

 of tank tightness

testing conducted

 in accordance with Section 731.143(c~must be

retained

until

 the next test

 is conducted;

and

.çJ

 Written documentation of

 all calibration, maintenance and repair

of

release detection equipment permanently located on-site must be

maintained

 for at

 least one year after the servicing work

is

completed.

 Any schedules

of

 required calibration and maintenance

provided by the release detection equipment manufacturer must be

retained

for

 5 years from the date of installation.

(Source:

 Added

at

 13 Ill.

 Reg.

 effective

)

SUBPART

E:

 RELEASE REPORTING, INVESTIGATION AND CONFIRMATION

Section

 731.150

 Reporting of Suspected Releases

Owners

 and operators

 of UST systems shall

 report

to

 the ESDA within

 24 hours

and follow the procedures

 Section

 731.152 for any of the following

conditions:

~j

 The discovery by owners and operators or others

of

 released regulated

substances

 at the UST site or

 in the surrounding area

 (such

 as the

presence

 of free product or

 vapors

in

 soils, basements,

 sewer and

utility lines

or

 nearby surface water).

regulated substances

 through piping

 or triggering

an

 audible or

98—474

—37—

~j

 Usual

 operating conditions observed by owners

 and operators (such

as

the erratic behavior of

 product dispensing equipment, the sudden

 loss

of product from the UST system or

an

 unexplained presence of water

in

the tank), unless

 system equipment

is

 found

to

 be defective but not

leaking,

 and is immediately repaired or

 replaced; and,

~j

 Monitoring results from a release detection method required under

Section 731.141

 and Section 731.142 that indicate

 a release may have

occurred unless:

1)

 The monitoring device

 is found

to

 be defective,

and

is

immediately

 repaired,

 recalibrated

or

 replaced, and additional

monitoring does not confirm the initial

 result;

or

2)

 In the case of inventory control

a

 second month

 of data does

not confirm the

 initial

 result.

(Source:

 Added

at

 13 Ill. Reg.

 effective

)

Section 731.151

 Investigation due to Off—site

 Impacts

When required by the Fire Marshal, owners and operators of UST

 systems shall

follow the procedures

in

 Section 731.152

 to determine

 if the UST

 system is

the

source

 of off-site impacts.

 These impacts

 include the discovery of

 regulated

substances

 (such

as

 the presence of free product

 or vapors

in

 soils,

basements, sewer and utility lines

 or nearby

 surface and drinking waters) that

has been observed by the Fire Marshal

 or brought

to

 its attention by another

person.

 The Fire Marshal

 shall

 require such an investigation by way of

a

letter

or

an

 oral

 order

 followed

by

 a written confirmation.

(Source:

 Added

at

13

 Ill.

 Reg.

 effective

Section 731.152

 Release Investigation and Confirmation

Unless

 corrective action

 is initiated in accordance with Subpart F,

 owners

and

operators

 shall

 immediately investigate and confirm

all

 suspected releases

of

regulated substances

 requiring reporting under Section 731.150 within

 7 days,

using the following steps:

~j

 System test.

 Owners

 and operators shall

 conduct tests

 (according

to

the requirements

 for tightness testing

 in Section 731.143(c) and

Section 731.144(b)) that determine whether

a

 leak exists

 in that

portion of the tank that

 routinely contains product, or

 the attached

delivery piping,

 or both.

 Owners and .operators shall

 repair,

 replace

 or upgrade the UST

system,

and

 begin

 corrective action

 in accordance

with

 Subpart

F

if the test results

 for the

 system, tank or delivery piping

indicate that

a

 leak exists.

 Further investigation

is

 not required

 if the test results for

the system,

 tank and delivery piping do not

 indicate that

 a leak

exists

 and if environmental contamination

is

 not the basis

for

98—475

-38-

suspecting

a

 release.

j~j

 Owners and operators shall

 conduct

 a site check as described

in

subsection

(b)

 if the test results for

 the system, tank and

delivery piping do not indicate that

 a leak exists

but

environmental contamination

 is the basis for suspecting

a

release.

Jal

 Site check.

 Owners and operators shall

 measure for the presence of

a

release where contamination

 is most likely tobe present

 at the UST

site.

 In selecting sample types,

 sample locations and measurement

methods, owners

 and operators

 shall

 consider the nature

 of the stored

substance,

 the type of

 initial alarm or cause for suspicion,

 the type

of backfill,

 the depth

 of groundwater and other factors appropriate

for identifying the presence and source of the

 release.

 If the test results

 for the excavation zone

 or the UST

 site

indicate that

 a release

 has occurred, owners and operators

 shall

begin

 corrective action

 in accordance with Subpart F

2)

 If the

 test results for the excavation

 zone or the UST site do

not indicate that

a

 release has occurred, further investigation

is not

 required.

(Source:

 Added

at

13

 Ill.

 Reg.

 effective

)

Section 731.153

 Reporting and Cleanup of Spills and Overfills

,~j

Owners

and

operators

UST

systems

shall

contain

and

immediately

clean

spill

overfill

and

report

the

Fire

Marshal

within

hours,

and

begin

corrective

action

accordance

with

Subpart

the following cases:

 Spill

or

 overfill

 of petroleum that results

in

a

 release

 to the

environment that exceeds

 25 gallons,

or

 that causes

a

 sheen

on

nearby surface water;

and

~j

 Spill

 or overfill

of

 a hazardous substance that results

in

a

release

 to the environment that equals

 or exceeds

 its reportable

quantity under

 40 CFR 302.4 and 302.5,

 incorporated

by

 reference

in Section

 731.113.

 Owners and operators

of

 liST systems shall

 contain and immediately

clean

up

 a spill

 or overfill

 of petroleum that

 is less than 25

gallons,

and

a

 spill

 or overfill

of

 a hazardous substance that

is

less than the reportable quantity.

 If cleanup cannot

 be accomplished

within

24

 hours,. owners and operators shall

 imediately notify ESDA.

BOARD NOTE:

 Under 40 CFR

 302.6 and

 355.40,

 incorporated

by

 reference

in Section

 731.113,

 a release

of

 a hazardous substance equal

to

or

in

excess

of

 its reportable quantity must also be

 reported imediately

~ratherthan within

 24 hours) to the National Response Center

(800/424—8802).

 In addition,

35

 Ill. Adm. Code 750.410 requires

notification of the ESDA (800/782—7860).

98—476

-39-

(Source:

 Added

at

13

 111. Reg.

 effective

SUBPART

F:

 RELEASE RESPONSE

AND

 CORRECTIVE ACTION

Section

 731.160

 General

Owners and operators of petroleum or hazardous substance UST systems must,

in

response to

 a confirmed release from the UST system, comply with the

requirements

 of this Subpart except for

 liSTs excluded under Section 731.110(b)

and UST systems subject

 to RCRA corrective action

 requirements under

 35 Ill.

Adm. Code 724.200,

 724.296,

 725.296

or

 725.Subpart

G.

(Source:

 Added

at

13

 Ill. Reg.

 effective

Section 731.161

 Initial Response

Upon confirmation

of

 a release

in

 accordance with Section 731.152

 or after

a

release from the UST system

is

 identified

 in any other manner,

 owners and

operators

 shall

 perform the following

 initial

 response actions within

 24 hours

of

 a release:

~j

 Report the

 release

 to the ESDA (e.g.,

 by telephone

 or electronic

mail)

j~j Take immediate action to

 prevent any further release

 of the regulated

substance into

 the environment; and

~j

 Identify and mitigate fire,

 explosion and

 vapor hazards.

(Source:

 Added

at

 13 Ill.

 Reg.

 effective

)

Section 731.162

 Initial Abatement Measures and Site Check

~j

 Owners and operators

 shall

 perform the following abatement measures:

 Remove

 as much of the regulated substance from the UST system

as

is necessary to prevent further release to the environment

.?1.

 Visually inspect any aboveground

 releases

 or exposed below-

ground

 releases and prevent

 further migration of the released

substance into surrounding soils and groundwater

~j

 Continue to monitor and mitigate any additional

 fire and safety

hazards posed by vapors

 or free product that have migrated from

the UST excavation zone

 and entered

 into substance structures

(such

as

 se~iersor basements)

!fl

 Remedy hazards posed

 by contaminated

 soils that are excavated or

exposed

as

 a result

 of release confirmation, site investigation,

abatement or corrective action

 activities.

If

 these remedies

include treatment or disposal

 of soils,

 the owner and operator

shall

 comply with

35

 Ill. Adm. Code 722,

 724,

 725,

 807 and 809.

98—477

-40-

~j

 Measure for the presence of

a

 release where contamination

is

most likely to be present

 at the

 liST

 site, unless the presence

and source of the

 release have been confirmed

 in accordance with

the site check required by Section 731.152(b) or the closure

site assessment

 of Section 731.172(a).

In

 selecting sample

types,

sample

locations

and

measurement

methods,

the

owner

and

operator shall

 consider the nature

of

 the stored substance, the

type of backfill, depth to groundwater

 and other factors

as

appropriate

for

identifying

the

presence

and

source

the

release;

and

 Investigate

 to determine

 the possible presence of free product,

and

 begin

 free product removal

as

 soon as practicable

 and in

accordance with Section 731.164.

pj

 Within

 20 days after release confirmation,

 owners and operators

 shall

submit

a

 report

 to the Agency, sumarizing the initial

 abatement

steps taken under subsection

(a)

and

 any resulting information

or

data.

(Source:

 Added

at

13

 Ill. Reg.

 effective

)

Section

 731.163

 Initial

 Site Characterization

~

 Owners and operators shall

 assemble information about the site and

the nature

 of the

 release, including information gained while

confirming the release or

 completing the

 initial

 abatement measures

in Section 731.160 and Section 731.161.

 This information must

include,

but

is

 not necessarily limited to the following:

 Data

 on the

 nature and estimated quantity

 of release

 Data from available sources or site investigations concerning

the following

 factors: surrounding populations, water quality,

use

 and approximate

 locations of wells potentially affected by

the

 release, subsurface

 soil

 conditions, locations of subsurface

sewers, climatological conditions

 and land use

~j

 Results

 of the

 site check

 required under Section 731.162(a)(5)

and

 Results of the

 free product investigations required under

Section 731.162(a)(6), to

be

 used by

 owners and operators to

determine whether

 free product must be

 recovered under Section

731.164.

 Within

 45 days

 a.fter confirmation

 of the

 release, owners and

operators shall

 submit

 the information collected

 in compliance

with

subsection

 (a) to the Agency,

in

 a manner that demonstrates

its

applicability and technical

 adequacy.

(Source:

 Added

at

13

 Ill. Reg.

 effective

)

Section

 731.164

 Free Product Removal

98—478

-41-

At

 sites where investigations under Section 731.162(a)(6) indicate the

presence of free product, owners and operators

 shall

 remove free product to

the maximum extent practicable, while continuing,

 as necessary,

 any actions

initiated under Section 731.161 through Section 731.163~or preparing for

actions required under Section

 731.165 through Section 731.166.

 In meeting

the requirements of this Section, owners

 and operators must:

~j

 Conduct free product

 removal

in

 a manner that minimizes

 the spread of

contamination into previously uncontaminated zones

 by using recovery

and

 disposal techniques appropriate to the hydrogeologic conditions

at

 the site, and that properly treats, discharges

 or disposes of

recovery byproducts

 in co~pliancewith applicable local,

 state and

federal

 regulations

J~1

 Use abatement of

 free product migration as

 a minimum objective for

the design

 of the

 free product

 removal system

sil

 Handle

 any flammable products

in

a

 safe and competent manner

to

prevent

 fires

 or explosions; and

41.

 Prepare

 and submit

 to the Agency,

 within

 45 days after confirming

a

release,

 a free product

 removal

 report that provides at

 least the

following information:

1)

 The name of the

 persons responsible

 for implementing the free

product

 removal measures

2)

 The estimated

 quantity, type and thickness of free product

observed

 or measured

 in wells, boreholes and excavation

3)

The

 type of free product recovery system used

~ft

 Whether any discharge will take place on—site or off—site during

the recovery operation and where this discharge will

 be located

~

The

 type of treatment applied

to,

 and the effluent quality

expected from,

 any discharge

~j

 The steps

 that have been or are being taken

 to obtain necessary

permits

 for any discharge;

and

 The disposition

of

 the recovered free product.

(Source:

 Added

at

 13 Ill. Reg.

 effective

Section 731.165

Invest.igations

 for Soil

 and Groundwater Cleanup

~j

 In order

to

 determine the full extent and location of soils

contaminated by the release,

 and the presence and concentrations of

dissolved product contamination

 in the groundwater,

 owners and

operators

 shall

 conduct investigations

 of the

 release,

 the release

site,

 and the surrounding

 area possibly affected

 by the

 release

if

any of the following conditions exist:

98—479

-42-

 There

 is evidence that groundwater wells have been affected by

the release

 (e.g.,

as

 found during

 release confirmation or

previous corrective action measures)

~j

 Free product

 is found

 to need recovery

 in compliance with

Section 731.164

3)

 There

is

 evidence that contaminated soils may be

in

 contact with

groundwater

 (e.g.,

 as found during conduct

 of the

 initial

response measures or investigations required under Section

731.160 through Section

 731.164); and

,~j

 The Agency requests an investigation, based

 on the potential

effects

 of contaminated

 soil

 or groundwater

 on nearby

 surface

water and groundwater

 resources.

b)

 Owners and operators shall

 submit

 the information collected under

subsection

 (a) as

 soon as

 practicable

or

 in accordance with

a

schedule established

 by the Agençy~

(Source:

 Added

at

13

 Ill. Reg.

 effective

)

Section

 731.166

 Corrective Action Plan

~

 At any point

 after

 reviewing the information submitted

in

 compliance

with Section 731.161 through Section 731.163, the Agency may require

owners and operators to

 submit additional

 information

or

 to develop

and

 submit

 a corrective action plan for responding

 to contaminated

soils and groundwater.

If

 a plan is

 required, owners

 and operators

shall

 submit the plan according to

 a schedule

 and format established

by the Agency.

 Alternatively, owners and operators may, after

fulfilling the requirements of Section 731.161 through Section

731.163, choose to

 submit

a

 corrective action

 plan for

 responding to

contaminated soil

and

 groundwater.

j~J

 The Agency

 shall

 approve the corrective action plan only after

 ensuring that

 implementation of the

 plan will

 adequately

 protect

human

 health, safety

 and the environment.

 In making this

determination, the Agency

 shall

 consider the following factors

as

appropri ate:

1)

 The physical

 and chemical

 characteristics of the regulated

substance, including

 its toxicity, persistence and potential

for

migration

2)

 The hydrogQologic characteristics

of

 the facility and

the

surrounding area

3)

 The proximity quality and current and

 future uses

 of nearby

surface water and groundwater

4)

 The potential

 effects

of

 residual contamination

 on nearby

surface water

and

groundwater

98—480

An exposure assessment;

and

 Any information assembled in compliance with this Subpart.

~j

 Upon approval

 of the corrective

 action plan or as directed by the

Agency, owners and operators shall

 implement the plan, including

modifications to the plan made by the Agency.

 They shall

 monitor,

evaluate and report the

 results of implementing the plan in

accordance with

 a schedule and

in

a

 format established by the Agency.

Owners and operators may,

 in the interest of minimizing environmental

contamination and promoting more effective cleanup, begin cleanup

of

soil

 and groundwater before the corrective action

 plan

 is approved

provided that they:

1)

 Notify the Agency of their intention to being cleanup

2)

 Comply with any conditions imposed by the Agency, including

halting

 cleanup or mitigating adverse consequences from cleanup

activities;

and

3)

 Incorporate these self-initiated cleanup measures

 in the

corrective action plan that

is

 submitted to

 the Agency.

(Source:

 Added

at

 13 Ill.

 Reg.

 effective

)

Section

 731.167

 Public Participation

~j

 For each confirmed

 release that requires

a

 corrective action plan,

the Agency

 shall

 provide notice

 to the public

 by means designed to

reach those members

 of the public directly affected by the release

and the planned corrective action.

 This notice must include,

 but is

not limited

 to, public

 notice

in

 local

 newspapers,

 block

advertisements, public

 service announcements, publication

 in the

Illinois Register,

 letters

 to individual

 household or personal

contacts

 by field staff.

~

 The Agency

 shall

 ensure that site release information and decisions

concerning the corrective action plan are made available to the

public for inspection upon request.

~

 Before approving

 a corrective action

 plan,

 the Agency

 shall

 hold

a

public meeting to consider comments

 on the proposed corrective action

plan if there

is

 sufficient

 public interest, or

 for any other

reasons.

ç~j

 The Agency shall

 give public

 notice that complies with subsection

(a)

if implementation of

an

 approved corrective action

 plan does

not

achieve the established cleanup levels

in

 the plan and termination

of

that plan

 is under consideration by the Agency.

(Source:

 Added

at

 13 111. Reg.

 effective

)

98—481

-44-

SUBPART

G:

 OUT—OF-SERVICE SYSTEMS AND CLOSURE

Section

 731.170

 Temporary Closure

~j

 When an

 liST system

 is temporarily closed, owners and operators

 shall

continue operation

 and maintenance of corrosion protection

in

accordance with Section 731.131,

 and any

 release detection

in

accordance with Subpart D.

 Subparts

E

 and F must be

 complied with

if

a release

is

 suspected or confirmed.

 However, release detection

is

not

 required as

 long as the

 liST system

is

 empty.

 The UST system

is

empty when all materials have been removed using commonly employed

practices

 so that no more than

 2.5 centimeters

 (one

 inch)

of

 residue,

or 0.3 percent

 by weight

 of the

 total

 capacity

 of the UST system,

remain

in

 the system.

~j

 When

 an UST system

 is temporarily closed for

 3 months

 or more, owners

and operators

 shall

 also comply with the following requirements:

11

 Leave vent lines open and functioning; and

~j

 Cap and secure

all

 other

 lines, pumps, manways and ancillary

equipment.

~j

 When an

 liST system

 is temporarily closed

 for more than

 12 months,

owners and operators

 shall permanently

 close the UST system if

it

does

 not meet either performance standards in Section 731.120 for new

UST systems or the upgrading requirements in Section 731.121,

 except

that the

 spill

 and overfill equipment requirements

do

 not have to be

met.

 Owners and operators shall

 permanently close the substandard

UST systems at

 the end of this 12—month period

in

 accordance with

Section

 731.171 through Section 731.174.

(Source:

 Added

 at 13 Ill. Reg.

 effective

Section 731.171

 Permanent Closure and Changes—in-service

~j

At

 least

30

 days before beginning either permanent closure or

a

change-in-service under subsections

(b)

or

 (c), owners

 and operators

shall

 notify

 the Fire Marshal

 of their intent

 to permanently close

or

make the change—in—service,

 unless such action

is

 in response to

corrective action.

 The required assessment of the excavation zone

under Section 731.172 must be performed after notifying the Fire

Marshal

 but before completion

 of the permanent closure or

 a change-

in—service.

~

To

 permanently close

 a tank,

 owners

 and operators

 shall

 empty and

clean

it

 by remcwing

all

 liquids and accumulated sludges.

All

 tanks

taken out of service permanently must also be

 either removed

 from the

ground or

 filled

 it with an

 inert soild material.

~j

 Continued use

of

 an UST system

 to store

 a non-regulated substance

is

considered_a_change-in-service.

 Before

 a change—in—service, owners

and operators shall

 empty and clean the tank

by

 removing all

 liquid

and accumulated

 sludge and conduct a site assessment

 in accordance

98—482

-45-

with Section 731.172.

BOARD NOTE:

 The following cleaning and closure procedures,

incorporated

by

 reference in Section 731.113, may be used to comply

with this Section:

 API Recommended

 Practice 1604;

 API Publication

2015;

 API Recommended Practice 1631.

 NIOSH Publication No. 80-106

may be used as

 guidance for conducting safe closure procedures

at

some hazardous substance tanks.

(Source:

 Added

at

13

 Ill.

 Reg.

 effective

)

Section 731.172

 Assessing Site at Closure or Change-in-Service

~j

 Before permanent closure or

 a change—in-service

is

 completed,

 owners

and operators

 shall

 measure for the presence of

a

 release where

contamination

 is most likely to

 be present

 at the UST site.

In

selecting sample types, sample

 locations and measurement methods,

owners and operators shall

 consider the method

 of closure,

 the nature

of the stored substance,

 the type of backfill, the depth

to

groundwater and other factors appropriate for identifying the

presence of

a

 release.

 The requirements

 of this Section are

satisfied

 if one of the external

 release detection methods allowed

in

Section 731.143(e) and

(f)

 is operating

in

 accordance with the

requirements

 in Section 731.143

 at the time of closure, and indicates

no

 release has occurred.

,~j

 If contaminated

 soils, contaminated groundwater or free product

as

a

liquid

 or vapor

 is discovered under subsection

 (a), or

 by any other

manner,

 owners and operators shall

 begin corrective action

in

accordance with Subpart

F.

(Source:

 Added

at

 13 Ill. Reg.

 effective

Section 731.173

 Previously Closed Systems

When directed by the Fire Marshal,

the

 owner and operator

of

an

 liST system

permanently closed before December

22,

 1988,

 shall

 assess the excavation zone

and close the UST system

in

 accordance with this Subpart

 if releases from the

UST may, in the judgment of the Fire Marshal,

 pose a current

or

 potential

threat to human health

 or the environment.

(Source:

 Added

at

13

 Ill.

 Reg.

 effective

)

Section 731.174

 Closure Records

Owners and operators shall

 maintain records

 in accordance with Section 731.134

that are capable of demonstrating compliance with closure

 requirements under

this Subpart.

The

 results

 of the excavation

 zone assessment

 required in

Section

 731.172 must be maintained for

 at least

 3 years

 after completion

of

permanent closure

 or change-in—service

 in one

of

 the following ways:

~

 By the owners and operators who took the UST system out of service

~j

 By the current owners and operators of the

 liST system site; or

98—483

—46-

~j

 By mailing these

 records

 to the Fire Marshal

 if they cannot

be

maintained

at

 the closed

 facility.

(Source:

 Added

at

 13 111.

 Reg.

 effective

Section 731.900

 Incorporation by reference

 (Repealed)

a~

 lhe ~eaFd+AeeF~e~ates

the

 ~eflew~n~~ate~$a1~

 by PefePeneef

4~e~d

Methed ef Sei~~esisti~v~ty

 Ys~n~

 the Wenne~~e~F— eet~edeMethed-T

ASIM GS~—~8

 ~Reapp~eved

 ~9844~ava~ab~ef~e~

the

 A~e~4~ean

 See4ety

fe~~est~n~and MateF*a~s~~91~Race SheetT Ph

 ade1~ph4a~

 PA 1~91~@~

2~/299—~499T

Th4s

 4nee~pe~at~en

 i~ne4~des

 ne ~1t~Fepev+s~ense~ed~t+ens~—

(Source:

 Repealed

at

13

 Ill.

 Reg.

 effective

)

Section 731.901

 Compliance Date

 ~Repealed)

—Ce~p~4anee

 w4th this Past shal4

 be ~eq~4~edafter the day en wMeh the Un+ted

States ~Av~PenRieAta

 P~eteet~en

 Agency a~ithe~~es

 the State e~

I4~ne~s

te

adfH+A4~steFthe ~ndeFgFe~Rd

 stePage tank ~

 ~FsHant te the Rese~ee

Gense~vat4~en

 and Reeeve~y

A?tr

(Source:

 Repealed

at

 13 Ill. Reg.

 effective

)

IT

IS

 SO ORDERED

I, Dorothy

 M. Gunn, Clerk

 of the Illinois Pollution Control

 Board, hereby

certify that

the

 above Order was adopted

 on the.~.?7~-

 day of ~

1989,

by

 a vote of

7—i’

.

Dorothy

 M. G~n,Clerk

Illinois Pollution Control

 Board

93—484