UST Program - Local Guidance (LG) 152
March 18, 1998
To: Local Agencies and Other Interested Parties
The purpose of this letter is to clarify how California’s Underground Storage Tank (UST) laws and regulations apply to the aboveground piping associated with an UST system. Part I discusses the applicability of the UST laws and regulations and Part II summarizes the corrosion protection, monitoring, secondary containment, and upgrade requirements.
Part I. Applicability Of The UST Laws And Regulations To The Aboveground Piping Associated with An UST System
Aboveground piping that is part of an UST system is subject to the provisions of Chapter 6.7 of the Health and Safety Code (H&SC) and Title 23, Division 3, Chapter 16 of California Code of Regulations (CCR). California’s requirements are more stringent than the federal UST regulations which exclude the unburied portion of a UST system.
For example, under-dispenser piping and marina piping (the entire section of the piping that connects a land-based UST to the dispenser located on a marina dock) that are associated with a UST systems are subject to Title 23 CCR regulations.
Legal Authorities:
- Section 25281(x) H&SC state that , “Underground Storage Tank means any one or combination of tanks, including piping connected thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground”.
- Section 2611 CCR states that , “Substantially beneath the surface of the ground means that at least 10 percent of the UST system volume, including the volume of any connected piping, that is below the ground surface or enclosed below earthen materials”.
- Section 25281(y) H&SC states that, “underground tank system or tank system means an underground storage tank, connected piping, ancillary equipment, and containment system, if any”.
- Section 25281.5 H&SC states that, “pipe means all parts of any pipelines, used in connection with the storage of hazardous substances, including, but not limited to, valves and other appurtenances connected to the pipe, pumping units, fabricated assemblies associated with pumping units, and metering and delivery stations and fabricated assemblies therein”.
Discussion:
The following provides a clarification for the two issues often raised by the regulated community regarding applicability of the UST requirements to aboveground piping associated with a UST system:
-
1. As defined
in Section
2611 CCR, “connected
piping”
means all
underground
piping including
valves,
elbows,
joints,
flanges,
and flexible
connectors
attached
to a tank
system through
which hazardous
substances
flow.
This definition
was incorporated
into the
California
regulations
from 40
CFR 281.12 (Federal
UST regulations)
during the
1994 rulemaking.
This definition
has led
to the misinterpretation
that above
ground piping
associated
with an
UST is not
part of
the system.
However,
excluding
the aboveground
piping associated
with a UST
system from
the regulations
is not consistent
with the
legal authorities
cited above.
If the intent
of the law
was to exclude
this piping,
it would
be listed
in the exclusions
of Section
25281.5 H&SC.
-
2. Section
25281.5(a)(3) H&SC
excludes,
“unburied
delivery
hoses, vapor
recovery
hoses, and
nozzles
which are
subject
to unobstructed
visual inspection
for leakage”
from the
definition
of piping.
Some have
suggested
that the
shore-to-dock
flexible
piping is
considered
a delivery
hose and
therefore,
is exempt
from the
UST regulations.
A delivery
hose refers
to the portion
of the system
that transfers
fuel from
a dispensing
unit to
vehicles.
Shore-to-dock
piping and
under-dock
piping connects
a UST to
the fuel
dispenser
located
on the marina
dock and
is not a
“delivery
hose.”
Part II. Construction And Monitoring Requirements For Aboveground Piping Associated with an UST System
Corrosion Protection
The exterior surface of piping that is made of corrodible material and is
in contact with soil or water must be protected against corrosion.
Piping constructed of fiberglass-reinforced plastic, flexible non-corrodible
material, and steel with cathodic protection fulfill corrosion protection
requirements. Corrodible piping that is exposed to an open corrosive
environment may also need to be protected from corrosion (e.g. coating).
Monitoring
Single-wall
piping - All single-wall
piping must
be monitored
using a
method that
will detect
leaks “at
the earliest
possible
opportunity”
[Section
2641(a) CCR]. Monitoring
requirements
are covered
in Section
2641 CCR. Visual
monitoring
requirements
are in Section
2642 CCR and
non-visual
monitoring
requirements
are in Section
2643 CCR.
Visual Monitoring - Piping that is exposed and offers an unobstructed view of all surfaces may be inspected visually. If the exposed piping is close to surface water or is situated such that product may leak into surface water, visual monitoring alone may not be approved by the local agency. Local agencies may require additional or more frequent monitoring plan based on the reliability and consistency of the existing or proposed monitoring plan and the proximity of the UST system to surface waters [Section 2641 (g) CCR]. For piping located at Marinas, due to proximity to surface water, local agencies may require additional monitoring such as a line tightness test.
Non-Visual Monitoring - Pressurized piping must be monitored using a combination of an automatic line leak detector with positive pump shut-off and an annual tightness test [Section 2643(c) CCR]. Suction piping requirements are covered in Section 2643(d) CCR and gravity piping requirements are covered in Section 2643(e) CCR.
Double-wall piping - All double-wall piping require a continuous monitoring system connected to an audible and visual alarm system. Requirements for monitoring double-wall piping are in Sections 2636(f) & (g) CCR.
Secondary Containment
Requirement
Motor
vehicle
fuel systems - All piping
that is
connected
to a tank
installed
after July
1, 1987,
must have
secondary
containment
[Section
2636(a) CCR].
Other hazardous substance systems - All piping that is installed after January 1, 1984, must have secondary containment [Section 2631(a) CCR].
Aboveground piping that is located inside a building or a vault or in an area where the surrounding structure provides secondary containment as approved by the local agency, is in compliance with this requirement. Suction piping that meets the requirements of Section 2636(a)(3) CCR is exempt from the secondary containment requirement.
December 22, 1998 Upgrade
Requirements
Motor
vehicle
fuel systems - Single-wall
piping connected
to a tank
installed
prior to
July 1,
1987 must
be retrofitted
with corrosion
protection
if constructed
of corrodible
material
[Section
2666(b) CCR]. Automatic
line leak
detectors
installed
on single-wall
pressurized
piping must
be upgraded
to provide
positive
pump shut-off
[Section
2666(c) CCR].
Other hazardous substance systems - This piping must be retrofitted with secondary containment [Section 2666(a) CCR] meeting the requirements of Section 2636 CCR.
Closure Requirements
Closure
requirements
of Articles
5, 7, and
11 CCR
apply to
the entire
UST system
including
aboveground
piping.
If you have any questions regarding this letter, please call Shahla Farahank at (916) 227-4350.
Sincerely,
[Original signed by:]
Allan Patton, Manager
Underground Storage Tank Program