5801 TANK UPGRADES

5801.1 Each owner or operator of an existing steel UST shall upgrade the tank in accordance with the manufacturer's specifications, one of the following codes of practice, or an alternative industry standard or code of practice approved by the Department in accordance with § 5506:

(a) American Petroleum Institute Recommended Practice RP 1631, "Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks";

(b) National Leak Prevention Association Standard 631, "Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection";

(c) National Association of Corrosion Engineers Standard RP-02-85, "Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems"; or

(d) American Petroleum Institute Recommended Practice RP 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems."

5801.2 An owner or operator that seeks to upgrade an existing tank to stage I vapor recovery shall submit plans to the Department by mail or delivery to UST Branch, Department of Energy and Environment, 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002, or electronically in accordance with § 5500.4, and obtain the Department's approval before implementing the upgrades.

5801.3 The internal lining of an existing UST may be upgraded only if the following requirements are met:

(a) The interior of the tank was inspected and assessed to ensure that the tank is structurally sound prior to installing the internal lining in accordance with American Petroleum Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks"; and

(b) The lining was installed in accordance with the requirements of § 5902.

5801.4 Within ten (10) years after the lining of the tank is upgraded, and every five (5) years thereafter, the interior of the lined tank shall be inspected to ensure that:

(a) It is structurally sound;

(b) It is free of corrosion holes; and

(c) The lining is performing in accordance with the original design specifications.

5801.5 If internal lining is the sole method of corrosion protection for an UST, the owner or operator shall inspect the lining at least once each year for the conditions listed in § 5801.4(a) though (c).

5801.6 The following requirements apply to tank linings that have failed inspections:

1. (a) The tank lining shall be replaced, unless it can be repaired and restored to a level of performance equivalent to original design specifications using a code of practice specified in § 5801.1; and
2. (b) If an UST internal lining is the sole method of corrosion protection for an UST and the lining cannot be repaired in accordance with paragraph (a), the owner or operator shall permanently close the tank in accordance with the requirements of Chapter 61.

5801.7 An existing tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of §§ 5701.2 and 5701.3, and the integrity of the tank is ensured using one of the following methods:

1. (a) The interior of the tank is inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system;
2. (b) If the tank had been installed for less than ten (10) years at the time of the upgrade, the tank is monitored monthly for releases in accordance with §§ 6008 through 6013;
3. (c) If the tank had been installed for less than ten (10) years at the time of the upgrade, the tank is assessed for corrosion holes by conducting two (2) tank tightness tests that meet the requirements of § 6007; the first tank tightness test shall be conducted before installing the cathodic protection system, and the second tank tightness test shall be conducted between three (3) and six (6) months after beginning operation of the cathodic protection system; or
4. (d) The tank is assessed for corrosion holes by a method that is determined by the Department, in accordance with § 5506, to prevent releases in a manner that is no less protective of human health and the environment than a system that complies with paragraphs (a) through (c) of this sub section.

5801.8 An existing tank may be upgraded by both internal lining and cathodic protection if the following requirements are met:

(a) The lining is installed in accordance with the requirements of § 5902; and

(b) The cathodic protection system meets the requirements of §§ 5701.2 and 5701.3.

5801.9 The following codes of practice may be used to comply with the periodic lining inspection requirements in §§ 5801.4 and 5801.5:

(a) American Petroleum Institute Recommended Practice RP 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks”;

(b) National Leak Prevention Association Standard 631, Chapter B “Future Internal Inspection Requirements for Lined Tanks”; or

(c) Ken Wilcox Associates Recommended Practice, “Recommended Practice for Inspecting Buried Lined Steel Tanks Using a Video Camera.”

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020).