CHAPTER Env-Or 300 ABOVEGROUND PETROLEUM STORAGE FACILITIES
Statutory
Authority: RSA 146-A:1-3, 4, 5, & 11-c, I, I-a,
Revision Note:
Document
#10487 effective 2-7-14, readopted with amendments and redesignated former Part
Env-Wm 1402 titled Control of Aboveground Petroleum Storage Facilities as
Env-Or 300 titled Aboveground Petroleum Storage Facilities pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
The
prior filings for former Env-Wm 1402 include the
following documents:
#6500,
eff 4-25-97
#8333,
INTERIM, eff 4-23-05
#8359,
eff 5-28-05
#9368,
eff 1-21-09
PART Env-Or 301
PURPOSE
Env-Or 301.01 Purpose. The purpose of these rules is to prevent and
minimize contamination of the land and waters of the state due to the improper
storage and handling of oil as defined in RSA 146-A:2,
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 301.02 Applicability.
(a) Subject to (b) and (c), below, and the
exemptions in Env-Or 301.03, the rules in Env-Or 302 through Env-Or 308 and
Env-Or 310 shall apply to the following aboveground oil storage facilities:
(1) Any facility having a single aboveground
storage tank (AST) system with an oil storage capacity of more than 660 gallons
that is used or intended for use in the storage, transfer, or distribution of
oil; and
(2) Any facility having more than one AST system
with a combined oil storage capacity of more than 1,320 gallons that is used or
intended for use in the storage, transfer, or distribution of oil.
(b) The storage capacities of the systems, tanks,
cargo trucks, and pipelines that are exempted under Env-Or 301.03 shall not be
included when determining applicability under (a)(1) or (2), above.
(c) The rules in Env-Or 302, Env-Or 310, and the
applicable rule identified in Env-Or 309.01 are the only rules in this chapter
that shall apply to:
(1) Any AST system designed and used to store oil
in the solid phase at atmospheric temperature and pressure;
(2) Any location where any oil-filled electrical
equipment individually contains more than 660 gallons of oil;
(3) Any AST system with an oil storage capacity
of more than 660 gallons but not more than 1,320 gallons that:
a. Is included in (a)(1), above, but not in
(a)(2), above;
b. Is located at a construction site; and
c. Is installed and exists only for the specific
duration of the construction contract for which it is used, not to exceed one
year;
(4) Any AST having a capacity of not more than
330 gallons that:
a. Contains heating oil for on-premise
heating only; and
b. Is at an AST
facility that is included in (a), above; and
(5) Use of cargo trucks by industrial enterprises
or the military.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
301.03 Exemptions. The rules in Env-Or 300 shall not apply to
the following:
(a) Any AST systems with a combined oil storage
capacity of 1,320 gallons or less that contain heating oil used only for on-premise heating;
(b) Any storage tank designed to contain any
liquid that is gaseous at atmospheric temperature and pressure, provided the
tank is not used to contain oil that is used or intended for use in the
storage, transfer, or distribution of oil;
(c) Any flow-through process system that is
integral to the operation of equipment, such as manufacturing process
equipment, elevators, trash compactors, and vehicle lifts, through which there
is a steady, variable, recurring, or intermittent flow of oil during the
operation of the equipment, exclusive of any tank or tank system used for the
storage of oil prior to the introduction of the oil into the production process
or equipment or for the storage of finished products or by-products that
contain oil;
(d) Oil-transmission pipelines subject to the
Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety
Act of 1979;
(e) Any stormwater or wastewater collection,
treatment, or discharge system;
(f) Any oil storage system that is subject to RSA
146-C and Env-Or 400 relative to underground storage
tank facilities;
(g) Any storage tank that is regulated under the
Atomic Energy Act of 1954 because it contains radioactive material;
(h) Any tank that is used in any emergency spill
or overflow containment system, provided the tank is emptied at or otherwise
taken to a facility that is legally authorized to receive such oil within 48
hours after the emergency use has ended;
(i) Any
non-stationary equipment that contains oil for operational purposes; and
(j) Any cargo truck engaged in transporting oil
from one facility to another that is required to meet applicable requirements
of the United States Department of Transportation and the New Hampshire
department of safety.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 302
DEFINITIONS
Env-Or 302.01 “Aboveground Storage Tank (AST)” means a tank
that is a component of an aboveground storage tank system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 302.02
“AST facility” means a facility having
one or more AST systems that are subject to this chapter.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
302.03 “AST operator” means a person who
has responsibility for the care, custody, and control of the daily operation of
an AST facility. The term includes any
entity that is under agreement with the owner to operate the facility and,
where the context so requires, the individual who is on-site and immediately
responsible for managing facility operations, including responding to alarms or
other unusual operating conditions.
Source. #14094, eff 10-4-24
Env-Or 302.04
“AST system” means an AST and all
connected piping that is used or is intended to be used to store or dispense
oil where 90 percent or more of the total volume of the system is:
(a) Above the surface of the ground; or
(b) Visible for inspection within an underground
vault.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.03)
Env-Or 302.05
“Calculated maximum safe fill height”
means the fill height corresponding to the rated capacity of a tank minus the
volume that can be filled at the maximum possible system fill rate multiplied
by the time it takes to completely stop product flow into the tank or 2
minutes, whichever is greater.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.04)
Env-Or 302.06
“Cargo truck” means any motor vehicle or
towed trailer that is designed or used to transport oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.05)
Env-Or 302.07
“Cathodic protection system” means the totality of components used to
reduce the corrosion of a metal surface by making that surface the cathode of
an electrochemical cell, using
either a sacrificial anode or impressed current system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.06)
Env-Or 302.08
“Cathodic protection tester” means an
individual who is certified by the Association for Materials Protection and
Performance (“AMPP”), the Steel Tank Institute (“STI”), or the International
Code Council as being qualified to evaluate the effectiveness of cathodic
protection systems.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.07)
Env-Or
302.09 “Certified AST inspector” means:
(a) An individual who is certified by the
American Petroleum Institute (“API”) or
(b) A New Hampshire-licensed professional
engineer with knowledge of AST system inspection and testing procedures.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.08)
Env-Or
302.10 “Certified tank installer” means
an individual who is certified:
(a) By the International Code Council in “AST
system installation/retrofitting;” and
(b) By the equipment manufacturer as being
qualified in the installation of the manufacturer’s equipment or individual
system components, as applicable.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.09)
Env-Or 302.11 “Closure” means the process of permanently
taking an AST or AST system out of service with the intent to not re-introduce
oil to or otherwise use the AST for dispensing or storage of oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.10)
Env-Or
302.12 “Combined oil storage capacity”
means the sum total of the capacity of each AST system
at an AST facility that has a nominal oil storage capacity of 55 gallons or
more that is used or intended for use in the storage, transfer, or distribution
of oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.11)
Env-Or 302.13 “Compatible” means the ability of 2 or more
substances to maintain their respective physical and chemical properties upon
contact with one another for the design life of the AST system in which they
come in contact, under conditions likely to be encountered in the AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.12)
Env-Or 302.14
“Connected piping” means the entirety of
a piping system that is attached to a tank through which oil can flow.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.13)
Env-Or 302.15 “Corrosion expert” means an individual who
is:
(a) Accredited or certified by AMPP at the
cathodic protection specialist level as a corrosion specialist or cathodic
protection specialist; or
(b) A New Hampshire-licensed professional
engineer with certification or licensing that includes education and experience
in corrosion control on buried metal piping systems and metal tanks.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.14)
Env-Or 302.16 “Department” means the New Hampshire
department of environmental services.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.15)
Env-Or 302.17
“Discharge” means “discharge” as defined
in RSA 146-A:2, I-a, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.16)
Env-Or
302.18 “Dispensing area” means that
portion of a motor fuel dispensing facility, adjacent to a dispenser, where
motor fuel is transferred from an AST system to the fuel tank of the vehicle or
container.
Source. 14094, eff 10-4-24
Env-Or 302.19
“Facility” means “facility” as defined
in RSA 146-A:2, IX, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.17)
Env-Or 302.20
“Field-erected AST” means an AST that is
constructed by assembling tank components on-site at a facility.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.18)
Env-Or
302.21 “Fittings” means all components
and materials used to connect pipes to each other or to a tank or dispenser,
including but not limited to valves, elbows, joints, flanges, flexible
connectors, gaskets, and sealants.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.19)
Env-Or 302.22 “Floodway” means “regulatory floodway” as
defined in 44
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.20)
Env-Or 302.23 “Heating oil” means oil that is:
(a)
No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No.
6 technical grade of fuel oil;
(b)
Any other residual fuel oil, such as Navy Special Fuel Oil and Bunker C;
or
(c)
Used engine, transmission, gear, or hydraulic oil that is burned for on-premise heating in compliance with Env-Hw 807.10.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.21)
Env-Or 302.24 “Impermeable” means a characteristic of a
material that prevents oil from moving through the material from one side to
the other.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.22)
Env-Or 302.25 “Impressed current system” means a type of
cathodic protection system that uses a power source called a rectifier
connected to buried metal anodes that are connected to the metal being
protected by a wire.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.23)
Env-Or
302.26 “Leak monitoring system” means all of the equipment installed to detect any escape of oil
from an AST system before the oil can reach the ambient environment, including
but not limited to sensors, consoles, and all associated connections.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.24)
Env-Or
302.27 “Listed test method” means a test
method that has been evaluated in accordance with a nationally approved
protocol by an independent testing laboratory and demonstrated to meet the
specified detection criteria at the specified probability of detection and
probability of false alarm.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.25)
(a)
The date in the prior month on which the corresponding test or
inspection occurred, if only one test or inspection, as applicable, occurred in
the prior month; or
(b)
The date in the prior month on which any corresponding test or
inspection occurred, if an owner or AST operator performed the test or
inspection more frequently than once in the prior calendar month.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.26)
Env-Or 302.29 “Motor fuel” means oil or an oil-based
substance that can be used to power an engine.
The term includes but is not limited to gasoline and reformulated
gasoline, aviation gasoline, diesel fuel and diesel fuel blends such as
bio-diesel, and jet or other aviation fuel.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.27)
Env-Or 302.30 “Oil” means “oil”, as defined in RSA 146-A:2,
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.28)
Env-Or 302.31 “Oil-filled electrical equipment” means
devices that are used in the generation, transmission, or distribution of
electrical power, such as transformers, oil circuit breakers, capacitors, and
voltage regulators, and that contain oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.29)
Env-Or
302.32 “On-premise
heating” means use only to heat the structures at the facility at which the AST
system is located.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.30)
Env-Or 302.33 “Operate” means to manage an AST system in
which oil is or is intended to be stored.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.31)
Env-Or 302.34
“Out of service” means that an AST
system or portion thereof is not in use but is intended to be returned to
use. AST facilities and AST systems that
are used periodically, such as for seasonal storage, surcharge storage, or
standby storage, are not “out of service” even when they do not actually
contain oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.33)
Env-Or 302.35 “Owner” means the person having legal
ownership of a facility.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.34)
Env-Or 302.36 “Permeability” means the ease with which oil
can move through a material and is measured by the rate of flow in suitable
units.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.35)
Env-Or 302.37 “Person” means “person” as defined in RSA
146-A:2, VI, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.36)
Env-Or 302.38
“Pipe” means an impermeable hollow
cylinder or tubular conduit that conveys or transports liquids or vapors, or that is used for
venting, filling, or removing liquids or vapors from a tank.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.37)
Env-Or
302.39 “Piping system” means pipes and all connected
fittings, pumps, monitors, auxiliary tanks, and secondary containment associated with the conveying, venting,
filling, or dispensing of oil or vapors in an AST or AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.38)
Env-Or 302.40 “Public water system” means “public water
system” as defined in RSA 485:1-a, XV, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.39)
Env-Or
302.41 “Qualified facility” means
“qualified facility” as defined in RSA 146-A:2, XIV, as reprinted in Appendix
C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.40)
Env-Or 302.42
“Release detection” means the process
and equipment used to determine whether a release of oil has occurred.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.41)
Env-Or 302.43
“Release prevention” means a program of
routine, documented, visual inspections designed to identify the potential for
a discharge of oil to the environment and the taking of subsequent action(s) to
ensure a release does not occur.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.42)
Env-Or 302.44 “Repair” means to restore a tank, pipe, spill
prevention equipment, overfill prevention equipment, corrosion protection
equipment, release detection equipment, or other AST system component to its
original design function.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.43)
Env-Or 302.45
“Sacrificial anode system” means a type
of cathodic protection system that uses an anode made of a metal having a lower
electrochemical potential than that of the metal component being protected,
that is buried in the ground close to the metal surface being protected and
electrically connected to the surface being protected.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.44)
Env-Or 302.46 “Secondary containment” means a release prevention and leak monitoring system for a tank
or piping that prevents oil that has escaped from the primary containment
system from reaching the ambient environment.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.45)
Env-Or 302.47 “Shop-fabricated AST” means an AST that is
constructed at a tank manufacturer’s plant and transported as
a whole to a facility for installation.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.46)
Env-Or
302.48 “Significant corrosion” means
corrosion evidenced by a shedding or leafing product or scaling, or by pitting
corrosion, regardless of whether the corrosion is progressing at the time of
discovery.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.47)
Env-Or 302.49 “Special flood hazard area” means the area of
land that has a one percent or greater chance of being flooded in any given
year, commonly called the 100-year flood zone.
The term includes those areas delineated on a Flood Insurance Rate Map
as Zone A for non-coastal areas and as Zone V for coastal areas.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.48)
Env-Or 302.50 “Spill prevention, control, and
countermeasure plan (SPCC Plan)” means a written plan that specifies the
equipment, workforce, procedures, and steps to prevent, control, and provide
adequate countermeasures to a discharge, as described in 40
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.49)
Env-Or 302.51 “Storage system” means one or more tanks with
all connected piping in which any oil is or is intended to be stored.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.50)
Env-Or 302.52
“Substantial design change” means any alteration to the location, materials, or
configuration of any components of a proposed AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.51)
Env-Or 302.53
“Substantial modification” means the
construction or installation of any addition to a facility or any restoration
or renovation of a facility that increases or decreases the on-site storage
capacity of the facility, significantly alters the physical configuration of
the facility, or impairs or improves the physical integrity of the facility or
its monitoring systems. The term does
not include on-site abandonment of a facility.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.52)
Env-Or 302.54
“Surface waters of the state” means
“surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in
Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.53)
Env-Or
302.55 “Tank” means a stationary device
constructed of impermeable material(s) that is designed to, or that actually does, contain oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.54)
Env-Or
302.56 “Transfer operator” means the individual who is controlling the flow of oil being
transferred into an AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.55)
Env-Or 302.57
“Underground piping” means any pipe that
is in contact with the ground or is located below the surface of the ground.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.56)
Env-Or
302.58 “Unusual operating condition”
means any condition, equipment deficiency, or occurrence that results or could result in a release of oil, indicates
the possibility of a system leak, or creates a reasonable expectation that a
system leak is imminent. Examples of
unusual operating conditions are listed in Env-Or 306.07(a).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.57)
Env-Or 302.59
“Used oil” means an oil that, through
use or handling, has become unsuitable for its original purpose due to the
presence of physical or chemical impurities or loss of original properties.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
302.58)
PART Env-Or 303
REFERENCE STANDARDS
Env-Or 303.01 Availability and Applicability of Reference
Standards.
(a) The department shall have at least one copy
of each reference standard identified in this part available for inspection by
the public at its offices at 29 Hazen Drive, Concord, NH.
(b) The reference standards also may be obtained
directly from the source, as listed in Env-Or 303.02 through Env-Or 303.06 and
Appendix B.
(c) In the event that any of the applicable
reference standards conflict with these rules or with
each other, the most stringent requirement shall apply.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 303.02 American Petroleum Institute. The following standards from
(a) Standard Number 620 - “Design and
Construction of Large Welded Low-Pressure Storage Tanks”, twelfth edition, 2018
(
(b) Standard Number 650 - “Welded Steel Tanks for
Oil Storage”, thirteenth edition, 2021 (
(c) Recommended Practice 651 - “Cathodic
Protection of Aboveground Petroleum Storage Tanks”, fourth edition, 2014 (
(d) Standard Number 653 - “Tank Inspection,
Repair, Alteration, and Reconstruction”, fifth edition, 2023 (
(e) Recommended Practice 1615 – “Installation of
Underground Petroleum Systems”, sixth edition, 2011 (
(f) Recommended Practice 1632 – “Cathodic
Protection of Underground Petroleum Storage Tanks and Piping Systems” third
edition, 1996, reaffirmed December 2010 (
(g) Standard Number 2610 – “Design, Construction,
Operation, Maintenance, and Inspection of Terminal and Tank Facilities”, third
edition, 2018 (
(h) Recommended Practice 2611 – “Terminal Piping
Inspection – Inspection of In-Service Terminal Piping Systems”, first edition,
July 2011 (
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 303.03 Association for Materials Protection and
Performance. The following standards
from AMPP, 15835 Park Ten Place, Houston, Texas 77084, (281) 228-6200, http://ampp.org, shall apply as noted in
the rules and summarized in Appendix B:
(a) Standard Number SP-0169-2024 - “Control of
External Corrosion on Underground or Submerged Metallic Piping Systems” (NACE
SP-0169-2024); and
(b) Standard Number SP-0285-2021 - “External
Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”
(NACE SP-0285-2021).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 303.04 National
Fire Protection Association. The
specified standards from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800)
344-3555, http://www.nfpa.org, shall
apply as noted in the rules and summarized in Appendix B:
(a) Subject to (b), below, the following NFPA
standards shall apply:
(1) NFPA 30 - “Flammable and Combustible Liquid
Code” (NFPA 30);
(2) NFPA 30A - “Code for Motor Fuel Dispensing
Facilities and Repair Garages” (NFPA 30A);
(3) NFPA 31 - “Standard for the Installation of
Oil-Burning Equipment” (NFPA 31); and
(4) NFPA 110 - “Standard for Emergency and
Standby Power Systems” (NFPA 110).
(b) The edition referenced by the state fire code
as defined by RSA 153:1,VI-a shall apply, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 303.05 Petroleum Equipment Institute. The following standards from the Petroleum
Equipment Institute (
(a) “RP200 Installation of Aboveground Storage
Systems”, revised 2024 (RP 200-24);
(b) “RP300 Installation and Testing of Vapor
Recovery Systems”, revised 2019 (RP 300-19);
(c) “RP600 Overfill Prevention for ASTs”, 2018
(RP 600-18);
(d) “RP800 Design and Installation of Bulk
Storage Plants”, 2020 (RP 800-20); and
(e) “RP1300 Aviation Fueling Systems”, 2020 (RP
1300-20).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 303.06 Steel Tank Institute and Steel Plate
Fabricators Association (STI/SPFA). The following standard, from STI/SPFA
955 Donata Court, Lake Zurich, Illinois 60047, (847) 438-8265, http://www.steeltank.org, SP001 “Standard
for the Inspection of Aboveground Storage Tanks”, seventh edition, 2024 (SP001)
shall apply as noted in the rules and summarized in Appendix B.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 304
REGISTRATION; REQUIRED NOTIFICATIONS
Env-Or
304.01 Registration of AST Systems
Required.
(a) The owner of an AST facility that is subject
to these rules shall register each AST system at the facility with the
department by:
(1) Completing and
submitting to the department the form entitled “Registration of
Aboveground Petroleum Storage Tank (AST) Systems”, NHDES-S-04-017, 3-31-2022,
available at https://onlineforms.nh.gov/?formtag=nhdes-s-04-017; and
(2) Signing the
submission as specified in Env-Or 304.02.
(b) For an AST facility at which some or all of the ASTs at the facility are 55-gallon drums, the
owner shall register each storage area for the drums in lieu of registering
each individual drum.
(c) No person shall operate an AST facility that
is subject to these rules unless it is registered with the department.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
304.02 Signature on Registration
Required.
(a) The owner shall sign and date all
registration submittals.
(b) The owner’s signature shall constitute
certification that:
(1) The owner has personally examined and is
familiar with the information submitted in or with the registration form;
(2) Based on the owner’s inquiry of those
individuals immediately responsible for obtaining the information, the owner
believes that the submitted information is true, accurate, and complete to the
best of the individual’s knowledge and belief; and
(3) The owner understands that he or she is
subject to the penalties specified in RSA 641:3 for making unsworn false
statements.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
304.03)
Env-Or
304.03 Registration Updates Required.
(a) The owner shall report any significant change
in the information presented on the original registration form to the
department in writing within 30 days of the change.
(b) For the purpose of (a), above, “significant
change” means:
(1) Any addition or reduction in the aggregate
oil storage capacity at the facility;
(2) Taking an AST system out of service or
removing or dismantling an AST system;
(3) Any change in use as described in Env-Or
304.04;
(4) Any change in the name of the facility that
is not associated with a transfer of ownership;
(5) Any time the oil content of a tank is changed
from a flammable liquid to a combustible liquid, as defined in NFPA 30, or vice
versa;
(6) Any addition of release prevention or release
detection measures to an AST system, such as:
a. The replacement of single-walled piping with
double-walled piping;
b. The installation of high-level alarms;
c. Interstitial space monitoring devices;
d. The installation of secondary containment;
e. The installation of cathodic protection; or
f. Any other enhancement to an AST system that
would reduce the threat of harm from an oil release to
human health, public safety, or the environment; or
(7) Any other change in the information provided
to register the AST.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
304.04)
Env-Or
304.04 Change in Use. The owner of any facility that would become
subject to regulation under Env-Or 300 due to a change in the use of any
storage system at the facility shall:
(a) Comply with all applicable requirements
before instituting the changed use; and
(b) Register the facility as specified in Env-Or
304.01 prior to putting any oil into the AST systems.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
304.05)
Env-Or
304.05 Records To Be Maintained.
(a) All records listed in (c) and (d), below,
shall be made available to a department inspector during a scheduled
inspection.
(b) The owner shall maintain the records
identified in (c), below, for not less than 3 years from the date of creation
or receipt, as applicable, provided that if the owner has been notified of a
pending inquiry into a suspected violation of requirements applicable to the
facility, the owner shall retain the records until the later of:
(1) The date the owner is notified by the
department that no action will be taken;
(2) The date the owner is notified by the
department that the action taken has been resolved;
(3) The date a final
decision is issued in an appeal of any action taken by
the department, including any appeal under RSA 541; or
(4) The date the last appeal period expires
without an appeal being filed.
(c) The following records shall be retained as
established in (b), above:
(1) Results of monthly exterior inspections
required by Env-Or 306.07;
(2) Copies of all correspondence that relates to
the facility from the department, the New Hampshire state fire marshal, or the
local fire department;
(3) Records of the type of oil stored in each
tank and the date of any conversion described in Env-Or 304.03(b)(5);
(4) Records of inventory monitoring required by
Env-Or 306.03; and
(5) Any record required to be maintained by
Env-Wm 1402.07(b) or Env-Wm 1402.34(c) that is still within the retention
period specified therein.
(d) Subject to (e), below, the owner shall
maintain the following records for the operating life of the facility:
(1) Dates and description of replacement of
permanent components and substantial modification to AST systems;
(2) Results of all tightness tests performed on
piping associated with the AST systems;
(3) A copy of the facility registration(s) and
any amendments;
(4) Copies of all plans for the facility
submitted and approved pursuant to Env-Wm 1402.17 or Env-Or 307.01 through
Env-Or 307.05;
(5) Closure and other site assessment reports;
(6) Results of all insulated tank and insulated
piping inspections and interior AST inspections required by Env-Or 306.08 and
Env-Or 306.09;
(7) Results of all cathodic protection system
testing at the facility required by Env-Or 306.11;
(8) Equipment maintenance schedules and logs,
including frequency, procedure performed, and identification of who performed
the maintenance;
(9) Repair records, including component repaired, method of repair, and identification of who
performed the repair;
(10) Records of oil discharges; and
(11) Any record required to be maintained by
Env-Wm 1402.07(b) or Env-Wm 1402.34(d) that is not subject to a 3-year
retention period.
(e) Any owner who discarded records included in
(d), above, prior to the 2013 effective date of this
chapter based on a good-faith belief that on-going retention was not required
shall not be deemed to be out of compliance with the record retention
requirements established in (d), above, with respect to the discarded records.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
304.06)
Env-Or
304.06 Transfer of Facility Ownership. When ownership of an AST facility is
transferred, then:
(a) The new owner shall file an amended
registration form with the department no later than 30 days after the transfer;
and
(b) The owner who is transferring ownership
shall:
(1) Notify the department of the transfer of
ownership no later than 10 days after the transfer; and
(2) Deliver to the new owner all documents and
information related to the facility that are required to be maintained by
Env-Or 304.05.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
304.07)
Env-Or
304.07 Owner Liability. The owner of an AST facility may delegate any
responsibility imposed by Env-Or 300 to an AST operator, but any
such delegation shall not relieve the owner from
liability for non-compliance with the requirements in this chapter.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or
304.08)
PART Env-Or 305
EQUIPMENT STANDARDS
Env-Or
305.01 Tank Standards for AST Systems
Installed on
or After April 25, 1997. Any
tank installed on
or after April 25, 1997 that is part of a
facility listed in Env-Or 301.02(a) that does or will contain oil shall:
(a) Be constructed of steel or other materials as
applicable fire safety standards allow;
(b) Be certified by its manufacturer as meeting
or exceeding the following design or manufacturing standards, as applicable:
(1) UL 142, for shop-fabricated steel tanks;
(2) UL 142 and UL 2080, for fire resistant tanks;
(3) UL 2085, for protected tanks;
(4) UL 2245, for below-grade vaults;
(5)
(6)
(7)
(8)
(9)
(10)
(c) Subject to Env-Or 305.02, be located,
designed, and installed in accordance with the following NFPA standards, as
applicable:
(1) NFPA 30A, for AST systems used in the storage
of oil at automotive and marine service stations;
(2) NFPA 31, for AST systems used in the storage
of oil directly associated with on-premise-use
heating;
(3) NFPA 110, for emergency and standby power AST
systems; or
(4) NFPA 30, for all other AST systems subject to
this part;
(d) If designed to be on the ground, be separated
from the ground by a barrier that:
(1) Will not deteriorate due to exposure to the
elements or soil in the presence of oil; and
(2) Is either:
a.
A separate layer constructed of a material that is at least as
impermeable as 60-mil high-density polyethylene; or
b.
A double bottom on the tank itself with interstitial monitoring as
specified in Env-Or 305.12;
and
(e) Have continuous corrosion protection as
specified in Env-Or 305.06 for any steel or other metal that is part of the AST
system and that is in contact with the ground.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.02 Variances Issued by State Fire
Marshal. Any AST system for which
the state fire marshal has issued a variance to NFPA 30, NFPA 30A, or NFPA 31
standards shall be deemed as meeting both the requirements of Env-Or 305.01(c)
and the portion of any standard listed in Env-Or 305.01(a) or (b) that specifies
the same requirement as the one that has been waived.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.03 AST Markings Required.
(a) Any tank that is part of a facility listed in
Env-Or 301.02(a) shall be marked with information regarding the product stored.
(b) Any tank that is part of a facility listed in
Env-Or 301.02(a) other than 55-gallon drums having no connected piping also
shall be marked with system specifications, as listed in (d), below.
(c) All lettering shall
be at least 2 inches high in a color that contrasts with the color of the tank,
so as to be readily discernable from the distance at
which the lettering will typically be viewed.
(d) The system specifications information
required by (b), above, shall include:
(1) The appropriate identification of the hazards
of materials for emergency response system symbol
meeting the requirements of section 21.7.2.1 of NFPA 30;
(2) The tank number corresponding to the tank
number identified on the facility registration(s) as described in Env-Or 304.01
or predecessor rule in Env-Wm 1402.05; and
(3) The safe fill volume or safe fill height of
the tank, which corresponds to the height at which the high
level alarm is activated, in the same units as indicated on the tank
gauge.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 305.04 Piping
Standards for AST Systems.
(a) Any piping system installed on or after April
25, 1997 that is not in contact with the soil shall be
constructed in accordance with
(b) No piping system component that will be in
contact with the oil, including but not limited to all gaskets and sealants,
shall be used as part of an AST system unless:
(1) The manufacturer of the component has listed
the component as being compatible with the oil that will be stored; or
(2) If the component manufacturer does not
maintain a list such as identified in (1), above, the component is made of a
material that is generally accepted in the industry as being compatible with
the oil that will be stored.
(c) Any fill pipe that is connected to a
pump-filled AST installed on or after April 25, 1997
in such a way that backflow from the receiving tank is possible shall be
equipped with a properly-functioning check valve or equivalent device that
provides automatic protection against backflow.
(d) Each tank connection through which oil can
normally flow shall be equipped with an operating isolation valve that is
located as close as practicable to the shell of the tank, unless the tank
connection is located at a point higher than the highest liquid level in the
tank, such as at the top of the tank.
(e) All aboveground piping installed on or after
April 25, 1997 that is 12 inches National Pipe Thread
(NPT) size or less shall be constructed of:
(1) Carbon steel, schedule 40 or greater;
(2) Stainless steel, schedule 40 or greater;
(3) Galvanized
steel, schedule 40 or greater; or
(4) Type L or K annealed copper tubing, except as
noted in (k), below.
(f) All aboveground piping installed on or after
April 25, 1997 that is greater than 12 inches NPT size
shall be of standard grade according to
(g) All joints on steel piping installed on or
after April 25, 1997 that is 2 inches NPT size or
greater shall be welded or welded flanged.
(h) All steel or metallic piping in contact with
soil shall be cathodically protected by an impressed current system or
sacrificial anode system that is designed and installed in accordance with
Env-Or 305.06.
(i) Cathodic
protection of metal piping shall not be required if the pipe is totally
electrically isolated from the soil by:
(1) Being elevated above the ground surface; or
(2) Using secondary containment sufficient to
place the pipe in a non-corrosive environment.
(j) Copper piping shall not be used in any AST
system that requires the use of:
(1) Piping greater than 1/2
inch NPT size; or
(2) Piping to transfer oil under pressure, except
for a boiler return line that enters the top of the tank and has no valves or
obstructions.
(k) Copper tubing that is in contact with soil or
that passes through concrete or other building materials shall be contained in
a continuous non-metallic sleeve or otherwise protected from damage and
corrosion.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.05 Additional Requirements
Specific to Underground Piping.
(a) Underground piping systems installed on or
after April 25, 1997 shall be designed, constructed,
and installed with access and isolation points that allow independent pressure
testing of piping without the need for excavation.
(b) All components of an underground piping
system installed on or after April 25, 1997 shall:
(1) Have secondary containment as specified in (f), below, and Env-Or 305.07; and
(2) Be constructed of fiberglass reinforced
epoxy, flexible thermoplastic extrusions, carbon steel, stainless steel,
galvanized steel, or type
K annealed copper tubing that meets the applicable standards listed in
(c) through (g), below.
(c) Fiberglass reinforced epoxy piping shall be
certified by its manufacturer as meeting
(d) Thermoplastic extrusion flexible piping shall
be certified by its manufacturer as meeting UL 971, “Non-Metallic Underground
Piping for Flammable Liquids.”
(e) Steel piping installed on or after April 25, 1997 shall:
(1) Be carbon steel, stainless steel, or have a
galvanized coating if the galvanization is compatible with the oil stored;
(2) Be schedule 40 or
heavier; and
(3) Be installed as specified in
(f) If the secondary containment for steel piping
is metal, it shall:
(1) Have a protective wrapping or di-electric
coating; and
(2) Be cathodically protected by an impressed
current system or sacrificial anode system.
(g) Type K annealed copper tubing shall be used
only as allowed by Env-Or 305.04(k).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.06 Corrosion Protection for Tanks
and Piping.
(a) Corrosion protection for AST bottoms that
were installed on or after April 25, 1997 and are in
contact with the soil shall:
(1) Consist of a sacrificial anode system or an
impressed current system designed, fabricated, and installed in accordance with
(2) Be designed and installed with oversight by a
corrosion expert;
(3) Be designed to provide corrosion protection
for the expected active life of the AST system or to allow for the periodic
rehabilitation of the anode system; and
(4) Have a test station or other method of
monitoring that enables the owner to confirm that the cathodic protection
system is operating properly.
(b) Corrosion protection for piping systems shall
be designed and constructed in accordance with NFPA 30,
(c) With the exception of insulated tanks and
insulated piping addressed as specified in Env-Or 306.07, 306.08, and 306.10,
the exterior surfaces of all tanks and exposed piping shall be painted or
coated to prevent corrosion or other deterioration.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.07 Secondary Containment for AST
Systems Required. No person shall
construct an AST system without secondary containment for the ASTs as specified
in Env-Or 305.08 and for the piping systems as specified in Env-Or 305.09.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.08 Secondary Containment for ASTs.
(a) Secondary containment for an AST shall be
constructed so that spills will not permeate into the soil more than one foot
in 72 hours, or infiltrate or otherwise escape to the groundwater or surface
waters before cleanup can occur.
(b) Secondary containment for an AST shall
consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps,
receiving tanks, or other equipment capable of containing the product stored,
or any combination thereof.
(c) Secondary containment for an AST shall have
sufficient storage capacity to contain the full capacity volume of the largest
single tank within its enclosure, if it is covered so as to
prevent the collection of precipitation.
(d) If the secondary containment is not covered so as to prevent the collection of precipitation, it shall
have additional storage capacity to contain 110% of the full capacity volume of
the largest tank within its secondary containment.
(e) If the secondary containment for an AST
consists of dikes surrounding the tank, construction of the dikes shall be in
accordance with NFPA 30.
(f) Secondary containment and lining materials
shall be designed and constructed to meet permeability requirements for the
operational life of the AST system.
(g) The provisions of (a) through (f), above,
shall not apply to any tank that is located inside a building, provided:
(1) The installation of the tank complies with
NFPA 30 or NFPA 31, as applicable;
(2) The entire floor of the room in which the
tank and its associated piping is located is constructed of concrete or an
impervious material;
(3) The floor does not have any floor drains,
cracks, or openings that would permit the migration of oil through the floor;
and
(4) A release of the total contents of the tank
would be contained in the room in which the system is situated.
(h) A double-walled tank may be used in lieu of
the requirements of (b) through (e), above, if the double-walled tank is
installed with all of the following:
(1) Overfill protection as specified in Env-Or
305.11;
(2) Interstitial monitoring, as specified in
Env-Or 305.12(a) and (b);
(3) A mechanism that will automatically prevent
the flow of oil to the tank when the tank is:
a. Filled to 95 percent of the total capacity of
the tank, for tanks with a storage capacity of 12,000 gallons or less; or
b. Filled to one percent less than the
calculated maximum safe fill height, for tanks with a storage capacity of
greater than 12,000 gallons.
(i) If the secondary
containment area is not covered so as to prevent the collection of
precipitation, it shall be equipped with a manually-operated device, such as a
manually-controlled pump or siphon or a gravity drain pipe that has a
manually-controlled valve, that will allow collected precipitation to be
removed when no oil is present.
(j) Gravity drain pipes
shall be designed and constructed to prevent a release
in the event of fire.
(k) Any opening where
piping passes through a secondary containment structure shall be sealed around
the outside of the piping with an impervious, compatible material to prevent
the discharge of oil from the containment.
(l) With the exception of hand-filled ASTs and
ASTs using vent whistles for overfill protection, any AST that has any vent
located such that an overfill would not be contained within the secondary
containment shall have additional overfill protection as specified in (h)(3),
above.
(m) With the exception of ASTs that are
hand-filled and ASTs using vent whistles for overfill protection, any AST fill
connection point that is not otherwise within secondary containment shall be
within a covered spill container with a minimum capacity of 5-gallons in order
to prevent the release of oil to the environment when a transfer hose is
detached from a fill or transfer pipe.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.09 Secondary Containment for AST Piping
Systems.
(a) All underground piping that is part of an AST
piping system shall have secondary containment that is:
(1) Double-wall piping meeting the requirements
of Env-Or 305.04; or
(2) An engineered piping trench system.
(b) All AST piping system components that extend
over the surface waters of the state that are not regulated by the U.S. Coast
Guard pursuant to 33
(c) Any AST piping system with secondary
containment shall be continuously pitched to direct any leakage from the
primary piping to a liquid-tight containment sump that has leak monitoring as
specified in Env-Or 305.12(d).
(d) Each AST dispenser attached to an AST system
that is supplied by underground or over-water piping shall be equipped with a
liquid-tight containment sump that has leak monitoring as specified in Env-Or
305.12(d).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.10 Transfer Pumps.
(a) With the exception of transfer pumps
temporarily used for maintenance purposes, no person shall install an oil
transfer pump directly on the ground surface.
(b) With the exception of transfer pumps
temporarily used for maintenance purposes, an oil transfer pump shall be:
(1) Secured to and separated from the ground
surface by a concrete pad or other impermeable barrier; and
(2) Firmly secured to a foundation capable of
supporting the weight of the pump and the mechanical stresses commonly
associated with the operation of the pump.
(c) For purposes of this section, “temporarily
used for maintenance purposes” means the pump is:
(1) Brought to an AST system not more than 5
business days prior to being used; and
(2) Removed from the site not more than 5
business days after being used.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.11 Overfill Protection.
(a) Unless excluded under (e), below, each AST
system shall be equipped with a gauge or other automated measuring device that
accurately shows the level of product in the tank and is accessible to the
transfer operator prior to initiating the transfer.
(b) Each AST system shall
have a high level warning alarm that:
(1) Operates independently of the gauge required
by (a), above; and
(2) Is both audible and visible to the transfer
operator.
(c) The high level
warning alarm required by (b), above shall be activated when:
(1) The tank is filled to 90 percent of the total
capacity of the tank, for tanks with a storage capacity of 12,000 gallons or
less; or
(2) The tank is filled to 3 percent less than the
calculated maximum safe fill height, for tanks with a storage capacity of
greater than 12,000 gallons.
(d) In any AST system having an oil storage
capacity of 660 gallons or less, a vent alarm may be used in lieu of the high level alarm if:
(1) The delivery hose fits tightly to the fill
pipe;
(2) The opening for the vent pipe is located no
more than 10 feet from the fill pipe connection and is visible to the transfer
operator; and
(3) The vent alarm is audible to the transfer
operator.
(e) The requirements of this section shall not
apply to the following containers when not connected to other containers:
(1) Drums less than 60
gallons in size; and
(2) Intermediate bulk containers or overpack
drums as identified in NFPA 30.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.12 Interstitial Leak Monitoring
for AST Systems.
(a) Interstitial spaces installed on or after
April 25, 1997 in an AST system shall be equipped with
interstitial monitoring equipment.
(b) The interstitial monitoring equipment shall
be:
(1) Capable of detecting both a discharge of oil
from the inner container and an intrusion of water from the surrounding
environment into the interstitial space; and
(2) Constructed such that the testing or sampling
methods used are not rendered inoperative by groundwater, rainfall, or soil
moisture.
(c) The requirements of (a) and (b), above, shall
not apply to double-walled tanks that:
(1) Are not in contact with the soil; and
(2) Are completely surrounded
by secondary containment as specified in Env-Or 305.08.
(d) Interstitial monitoring equipment for
double-wall piping shall consist of a continuously operating sump sensor with
alarm that is both visible and audible to the AST operator.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 305.13 Oil
Transfer and Dispensing Areas.
(a) Each area where oil is transferred from a
cargo truck or railcar engaged in the transport of oil to an AST system shall
be constructed of a concrete pad or other impermeable surface that is of
sufficient size for all connection points to be situated over the impermeable
area when oil is being transferred.
(b) Each area where oil is transferred from an
AST system to a cargo truck or railcar engaged in the transport of oil shall be
constructed of a concrete pad or other impermeable surface that is of
sufficient size for the entire tank portion of the cargo truck or railcar being
filled to be situated over the impermeable area when oil is being transferred.
(c) Each dispensing area, excluding dispensing
areas serving aircraft only, that was not used prior to May 28, 2005 shall be a concrete pad.
(d) The concrete pad or impermeable surface
required by (c), above, shall be:
(1) Of sufficient size for the entire motor
vehicle being fueled, exclusive of any trailers, to be situated over the
impermeable area when oil is being transferred; and
(2) Equipped with positive limiting barriers
capable of containing a volume of at least 5 gallons for each dispenser in that
dispensing area.
(e) Dispensing nozzles shall not extend beyond
the positive limiting barriers required by (d)(2), above.
(f) Subject to (g), below, each dispensing area
that was in use prior to May 28, 2005 that does not
have an impervious surface as specified in (c), above, as of February 7, 2014 shall install a concrete pad or other impermeable
surface that complies with (d), above, on or before February 7, 2016.
(g) Political subdivisions shall be exempt from
(f), above, unless the local legislative body votes to fund compliance or the
state provides full funding.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
305.14 Release Detection for AST
Systems.
(a) The owner of an AST system installed on or
after April 25, 1997 shall provide, as applicable:
(1) Beneath a tank that is not completely raised
above ground level, perforated gravity collection pipes or channels that can be
monitored for the presence of a release; or
(2) Beneath a vertical tank, a finished concrete
pad that extends completely beneath the tank and has a series of channels
measuring no more than 1.5 inches wide and 0.75 inches deep extending radially
outward from the center of the pad to beyond the edge of the tank.
(b) All pressurized underground and over-water
motor fuel dispenser piping systems installed on or after May 28, 2005 shall:
(1) Be equipped with a UL-listed line leak
detector capable of detecting a line leakage rate of 3 gallons per hour at 10
pounds per square inch; and
(2) Automatically shut-off or restrict product
flow if the leakage rate is exceeded.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 306
OPERATING, TESTING,
Env-Or
306.01 Operation and On-going Maintenance.
(a) No person shall operate an AST system that
does not have secondary containment in compliance with Env-Or 305.07.
(b) Secondary containment and lining materials
shall be maintained to meet permeability requirements for the operational life
of the AST system.
(c) If gravity drain pipes
are used in secondary containment, all valves shall be locked in a closed
position except when a controlled discharge of stormwater is being conducted.
(d) No person shall operate an oil transfer pump
unless it has been installed as required by Env-Or 305.10.
(e) All tanks and connected piping shall be
maintained so as to prevent leaks or seeps.
(f) The markings required by Env-Or 305.03 shall
be maintained so as to be readily discernable from the
distance at which the lettering will typically be viewed.
(g) The paint or other coating required by Env-Or
305.06(c) shall be maintained so as to prevent
corrosion of the underlying metal.
(h) The concrete pad or impermeable surface
required by Env-Or 305.13(c) for oil transfer and dispensing areas and the
positive limiting barriers required by Env-Or 305.13(d)(2)
shall be maintained so as to prevent any contained oil
from escaping to the environment.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.02 Spill Prevention Control and
Countermeasure Plan.
(a) Subject to (f), below, the owner of an AST
facility that is subject to this chapter shall prepare and implement a SPCC
Plan to establish release prevention measures and effective response procedures
for releases from the AST system(s) at the facility.
(b) The SPCC Plan shall be:
(1) Prepared as described in 40
(2) Certified by a professional engineer
authorized under RSA 310-A:11 to work in New Hampshire, except as provided in
(d), below.
(c) The owner shall submit a copy of the signed
and P.E.-stamped certification page of the SPCC Plan to the department within
60 days of implementation of any new or revised SPCC Plan.
(d) In accordance with RSA 146-A:11-c, I-a, the
owner of a qualified facility may prepare and implement an SPCC Plan for the
facility that is not prepared or approved, or certified, by a professional
engineer.
(e) The owner of a qualified facility shall
submit a copy of the signed self-certification page of the SPCC Plan to the
department within 60 days of implementation of any new or revised SPCC Plan.
(f) An SPCC Plan shall not be required for an AST
facility having a combined oil storage capacity of 1,320 gallons or less if all of the following criteria are met:
(1) The facility meets all applicable equipment
standards specified in Env-Or 305;
(2) The facility is in
compliance with Env-Wq 401.04 relative to storage of regulated
substances; and
(3) The facility is not used for fueling water craft.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.03 Inventory Monitoring;
Investigation of Discrepancies Required.
(a) The owner of an AST facility shall conduct
monthly inventory monitoring for each AST system at the facility in which any
portion of the AST system’s primary tank shell or primary piping is in contact
with the ground, soil, or concrete foundation slab and does not have release
detection as specified in Env-Or 305.14.
(b) The owner of an AST system that is subject to
inventory monitoring shall:
(1) Maintain separate written records for each
AST or interconnected system; and
(2) Certify the accuracy of the inventory
monitoring by signing the records.
(c) AST inventory control measurements shall be
reconciled by comparing product measurements with shipments, deliveries, and
internal transfers.
(d) The owner shall investigate and resolve the
cause of any unexplained loss in inventory of 2.0 percent or more of throughput
in the monitoring period, as indicated by the recording and reconciliation of
inventory records.
(e) If the investigation shows that a discharge
of oil has occurred or could be imminent, the owner shall proceed as specified
in Env-Or 306.10.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.04 Cargo Truck Oil Transfers.
(a) Oil transfers shall be performed in
accordance with 49
(b) The direct transfer of oil from the cargo
tank of a cargo truck to the cargo tank of another cargo truck shall be
prohibited, except during an emergency situation as
authorized by emergency response personnel.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.05 Management of Stormwater and Other
Precipitation.
(a) Stormwater or other precipitation that
collects at an AST facility within a secondary containment area or oil transfer
containment area shall be removed by the manually-activated pump or siphon or
gravity drain pipe with which the containment area is
equipped.
(b) No person shall undertake a controlled
discharge of stormwater to the environment from an oil transfer containment
area or secondary containment structure unless the stormwater has no oil sheen
or obvious gasoline contamination.
(c) Stormwater that is contaminated with oil
shall be discharged to an enclosed container for transport to a location
authorized to receive the contaminated water, unless a groundwater discharge
permit is obtained in which case the stormwater shall be treated to remove the
oil prior to discharge in compliance with the permit.
(d) All stormwater discharges shall be performed
in accordance with all applicable local, state, and federal requirements.
(e) Accumulated stormwater shall be drained as
soon as practical and frequently enough to ensure that sufficient containment
volume is always available to contain a release from the largest tank being
contained.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.06 Inspection Reports: Contents
and Signatures.
(a) Each inspection report required by Env-Or
306.07 through Env-Or 306.09 shall contain the following information:
(1) The date of the inspection;
(2) The name and position of the individual
conducting the inspection;
(3) The tank registration number of the specific
AST system, AST, or piping being inspected, as applicable;
(4) Whether any of the conditions for which the
inspection is being conducted, as identified in the applicable section, were
observed and, if so, where and on which equipment or structure the conditions
existed; and
(5) For each condition noted pursuant to (4),
above:
a. A description of the condition in sufficient
detail that it can serve as a point of reference for future inspections; and
b. A recommendation either that the condition be
monitored or that the component be repaired, replaced, or taken out of service.
(b) Each inspection report required by Env-Or
306.07 through Env-Or 306.09 shall be signed by the individual who conducted
the inspection. Such signature shall
constitute certification that the information provided is true, complete, and
not misleading to the knowledge and belief of the signer.
(c) The signature on an inspection report
prepared by a certified AST inspector required by Env-Or 306.08 and Env-Or
306.09 shall include the inspector’s
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.07 Exterior Inspections of AST
Systems.
(a) The owner of an AST facility shall conduct an
exterior inspection as specified in (b), below, of each AST system at the
facility not less than monthly for any unusual operating conditions, such as:
(1) Deficiencies such as leaks, surface wetting,
discoloration, blistering, or evidence of corrosion, cracks, chime distortion,
or other structural damage; and
(2) Cracks, areas of wear, visible shell
thinning, evidence of poor maintenance and operating practices, excessive
settlement of structures, separation or swelling of tank or piping insulation,
malfunctioning equipment, and structural and foundation weaknesses.
(b) The inspection required by (a), above, shall
include inspecting:
(1) For insulated tanks and insulated piping, all
exterior surfaces of insulation;
(2) For other than insulated tanks and insulated
piping, all exterior surfaces of tanks, secondary containment, pipes, valves,
and other associated equipment;
(3) All exterior surfaces of tank and piping
supports; and
(4) All visible system components of each
high-level alarm and each leak detection system which is in place at the
facility.
(c) The owner shall document each exterior
inspection by recording the information required by Env-Or 306.06(a) in a log
or other record that is maintained as specified in Env-Or 304.05 and by signing
the log or other record as specified in Env-Or 306.06(b).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.08 Inspection of Insulated Tanks
and Insulated Piping.
(a) The owner of an insulated tank or insulated
piping shall engage a certified AST inspector to conduct an inspection for
exterior corrosion of the tank or piping in accordance with the schedule
specified in (b), below, and the procedures specified in (c), below.
(b) Inspections of insulated tanks and insulated
piping shall be performed on the following schedule:
(1) An initial inspection shall be performed
within 10 years of installation; and
(2) Following the initial inspection, an
inspection shall be performed at least once every 10 calendar years.
(c) To inspect an insulated tank or insulated
piping, the certified AST inspector shall:
(1) Inspect through inspection ports, if
available, or remove insulation to the extent necessary to determine the
condition of the exterior wall of the tank or piping; and
(2) Determine suitability for continued service
in accordance with
(d) The certified AST inspector shall document
each inspection of an insulated tank or insulated piping by:
(1) Recording the information required by Env-Or
306.06(a) in a document that is provided to the owner to be maintained as
specified in Env-Or 304.05, provided that the information required by Env-Or
306.06(a)(4) shall be whether any conditions that adversely affect the tank or
pipe’s suitability for continued service as specified in
(2) Signing the report as specified in Env-Or
306.06(b)-(c).
(e) Within 60 days of the date of the inspection,
the owner shall submit to the department a copy of the inspection results and
the certification page signed by the certified AST inspector and including the
inspector’s
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.09 Interior Inspections of ASTs.
(a) The owner of an AST facility shall have a
detailed inspection performed of the interior of each tank at the facility that
has a capacity of 5,100 gallons or more in accordance with the schedule
specified in (c), below, and the procedures specified in (d), below.
(b) All detailed interior tank inspections shall
be performed by a certified AST inspector.
(c) Detailed inspections of tank interiors as
described in (d), below, shall be performed in accordance with the following
schedule:
(1) For tanks where any part of the shell is in
contact with the ground, the initial inspection for previously uninspected tank
systems shall be performed when the tank is 10 years
old;
(2) For tanks where the tank shell is entirely
off the ground, such as tanks on racks or in cradles, the initial inspection
for previously uninspected tank systems shall be performed when the tank is 20
years old; and
(3) Following the initial inspection, an
inspection shall be performed at least every 5 years for tank systems
containing gasoline, and at least once every 10 calendar years of the
in-service life of the tank for tank systems containing other motor fuels,
heating oils, and fuel oils.
(d) Detailed interior tank inspections shall
consist of:
(1) Cleaning the tank such that all visible
evidence of liquids, sludges, by-products, solids, and the like are removed and
the interior surface of the tank is completely visible;
(2) Removing, transporting, and disposing of
sludge in a manner consistent with all applicable state and federal
requirements;
(3) Entering the tank to determine its
suitability for continued service in accordance with
(4) Performing a tightness test in accordance
with NFPA 30 or manufacturer’s specifications on any portion of the piping
system that is underground.
(e) The certified AST inspector shall document
each interior inspection by:
(1) Recording the information required by Env-Or
306.06(a) in a document that is provided to the owner to be maintained as
specified in Env-Or 304.05, provided that the information required by Env-Or
306.06(a)(4) shall be whether any conditions that adversely affect the tank’s
suitability for continued service as
specified in
(2) Signing the report as specified in Env-Or
306.06(b)-(c).
(f) Within 60 days of
the date of the inspection, the owner shall submit to the department a copy of
the inspection results and the certification page signed by the certified AST
inspector and including the inspector’s
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.10 Follow-up for Inventory
Monitoring and Exterior and Interior Inspections.
(a) If inventory monitoring conducted pursuant to
Env-Or 306.03 suggests that a leak is occurring or if any inspection conducted
pursuant to Env-Or 306.07 through Env-Or 306.09 reveals any condition which
suggests that a failure of primary or secondary containment or of monitoring
equipment is imminent and could result in a discharge of oil or in a failure to
detect a discharge of oil, including that the tank or piping is not fit for
service as determined pursuant to API 653, API 2610, API 2611, or STI SP001, as
applicable, the owner shall immediately implement measures to prevent a
discharge, by:
(1) Repairing or taking out of service each
component that is causing or contributing to the adverse condition; and
(2) Conducting additional testing in accordance
with Env-Or 306.13 if the cause of the condition is not obvious.
(b) If inventory monitoring or any inspection
reveals that a discharge has occurred, the owner shall:
(1) Notify the department in accordance with
Env-Or 604; and
(2) Implement an appropriate preliminary response
action in accordance with Env-Or 605.
(c) If any inspection conducted pursuant to
Env-Or 306.07 reveals any deficiency other than those conditions identified in
(a), above, or separated or swollen insulation, the deficiency shall be
repaired within 30 days and the repair noted on the log or record kept pursuant
to Env-Or 306.07(c).
(d) If an inspection
conducted pursuant to Env-Or 306.07 reveals separation or swelling of tank
insulation or piping insulation, the inspector shall:
(1) Remove the separated or swollen insulation;
(2) Inspect the underlying tank or piping as
specified in Env-Or 306.07(a)(1); and
(3) Repair or replace the insulation,
or otherwise protect the underlying tank or piping from exposure to
corrosive conditions, within 30 days.
(e) If inspection conducted pursuant to (d),
above, or Env-Or 306.08 reveals significant corrosion, the corroded areas shall
be evaluated and addressed as specified in
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.11 Cathodic Protection Testing.
(a) Sacrificial anode systems shall be tested
within 6 months of installation and every 3 years thereafter by a cathodic
protection tester.
(b) Monitors for impressed current systems shall
be checked not less than monthly by verifying that electrical current is
continuing to flow through the system.
(c) If at any time
the testing or monitor check required by (a) or (b), above,
shows that the electrical current necessary to prevent corrosion is not being
maintained, the source of the failure shall be investigated and the system
restored within 60 days.
(d) For any system at a facility that is subject
to 42 U.S.C. 4321-4347 or 36
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.12 Annual Testing Requirements.
(a) The owner of an AST facility shall test the
AST system components listed in (c) and (d), below, that are used at the AST
facility, as specified in (b), below.
(b) The testing required by (a), above, shall be
conducted:
(1) Not less than once in each calendar year,
with at least one test occurring not sooner than 4 months after and not later
than 15 months after the prior annual test, provided that if more than one test
was performed in the prior year the owner may choose which test to use for
purposes of the time limits; and
(2) As specified for each component.
(c) Each overfill alarm system sensor, automatic
fill shutoff device, and interstitial alarm sensor shall be tested:
(1) By removing the sensor or device, as
applicable, from the tank and activating it; or
(2) By testing it pursuant to its manufacturer’s
recommended test procedure.
(d) Each line leak detector shall be tested in
accordance with the manufacturer’s recommended test procedure.
(e) If any component is determined to be malfunctioning, the owner shall repair or replace the
component within 30 days.
(f) The owner shall document component testing in
a report that is submitted to the department within 60 days of the testing, as
follows:
(1) The date of the testing;
(2) The name and position of the individual
conducting the testing;
(3) The component being tested;
(4) The tank registration number of the specific
AST with which the component being tested is associated; and
(5) Whether the testing showed that the component
was malfunctioning and, if so, the date on which the component was repaired or
replaced.
(g) For any system at a facility that is subject
to 42 U.S.C. 4321-4347 or 36
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
306.13 Suspected Discharge and
Testing Requirements.
(a) When a discharge of oil from an AST system or
a leak in an interstitial space of an AST system is suspected or appears
probable, the owner shall:
(1) Notify the department by telephone, fax,
or email within 24 hours of discovery; and
(2) Verify the integrity of the suspect AST
system through observation and testing of the suspected system component as soon as practicable but in any event within
30 days.
(b) The test method used pursuant to (a)(2),
above, shall be:
(1) A listed test method for the system or
component being tested, except that any component of a field-erected AST system
that is covered by
(2) If a listed test method does not exist, the
test method recommended by the manufacturer of the component; or
(3) If a listed test method does not exist and
there is no manufacturer’s recommendation, a test method promulgated by a
national tank, standards, or petroleum industry association referenced in
Env-Or 303.02 through Env-Or 303.06, such as
(c) The owner shall notify the department in
writing of any interim actions taken, the results of any testing performed in
accordance with (a)(2), above, and any follow-up repairs or replacements within
a reasonable amount of time not to exceed 60 days of its being performed.
(d) Notification shall include the following:
(1) A description of interim actions taken;
(2) The location and tank registration number of
the tested AST or of the AST with which the tested component is associated;
(3) The date of the test;
(4) The reason for the test;
(5) The type of test used;
(6) The identity and qualifications of the
individual performing the test;
(7) The results of the testing; and
(8) A description of all follow-up repairs or
replacements.
(e) Testing shall be performed by or under the
supervision of an individual certified for that test by industry associations
such as
(f) If any testing reveals that a discharge has
occurred, the owner shall:
(1) Notify the department in accordance with
Env-Or 604; and
(2) Implement an appropriate preliminary response
action in accordance with Env-Or 605.
(g) If any testing reveals a tank or equipment
deficiency, the owner shall repair or replace the tank or equipment, as
applicable, within 30 days.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 306.14 Out of
(a) If oil is not introduced to or removed from
an AST system designed and intended for the throughput of oil for 36 months,
the AST system shall be taken out of service.
(b) Those AST systems intended solely for
storage, such as back-up tanks for emergency power generation or long-term
energy reserves, shall be considered out of service when the contents of such a
tank has remained at the lesser of the following for
the previous 36 months:
(1) One percent of the total system capacity or
less; or
(2) Less than 3 inches in depth.
(c) The owner of an AST system taken out of
service shall:
(1) Remove all oil from the AST and all piping
connected exclusively to that AST;
(2) Secure the AST to prevent unauthorized
entrance or tampering so that oil is not accidentally or intentionally
introduced into the tank, by means such as securely bolting and locking all
tank access points and valves and capping or plugging fill lines, gauge
openings, or pump lines;
(3) Thoroughly clean the interior of the tank and
all exclusively connected piping to remove all sludge, solids, and residual
oil;
(4) Dispose of all oily wastes
removed from the AST system in accordance with all applicable state and federal
requirements; and
(5) Render the tank free of vapors
sufficiently to avoid formation of an explosive atmosphere,
and vent the tank to ensure the tank remains vapor free.
(d) Upon taking an AST system out of service, the
owner shall:
(1) Comply with Env-Or 304.03 relative to filing
an amended registration form;
(2) Stencil the words “out of service” on the
tank in block letters that are at least 2 inches high and in a color that
contrasts with the color of the tank;
(3) For tanks that are visible from the fill pipe
connection, ensure that the stenciling applied pursuant to (2), above, is
readily discernable from the fill pipe connection serving the out-of-service
tank; and
(4) Securely affix a tag as described in (e),
below, at the fill pipe connection serving the out-of-service tank, or, if the
fill pipe is also used to fill active tanks, at the first valve after the fill
pipe connection used to divert flow to the out-of-service tank.
(e) The owner shall obtain a tag used to signify
an out-of-service tank system from the department. The tag shall remain
affixed to the AST system during the entire time the tank is out of
service. The owner shall promptly
replace any mutilated, lost, illegible, or destroyed tag by contacting the
department to obtain another tag.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 306.15 Reactivating Out of
(a) No person shall place an AST system that has
been taken out of service back into service unless and until the owner
certifies to the department in writing that the system is in
compliance with all applicable requirements.
(b) No person shall introduce oil into an AST
system that has been taken out of service unless and until the owner certifies to the department in writing that the system is in compliance with all applicable requirements.
(c) An owner who reactivates an AST system that
has been out of service shall notify the department by submitting an amended
registration form as required by Env-Or 304.03 prior to putting the AST system
back into service.
(d) Prior to placing any AST system back into
service, the owner shall:
(1) Thoroughly inspect and test the AST system
for evidence of the following conditions:
a. Corrosion of the interior or exterior of the
tank or associated piping;
b. Abnormal thinning of the tank walls or
bottom;
c. Perforations through the tank walls or
bottom; and
d. Any other condition that could indicate a
weakening of the structural integrity of the AST system or identify a situation
that could result in a release from the AST system; and
(2) If any of the conditions identified pursuant
to (1), above, are found, correct all such deficiencies prior to placing the
system into service.
(e) All testing and inspections performed
pursuant to (d)(1), above, shall be conducted in accordance with the applicable
provisions of this chapter.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 307
INSTALLATION REQUIREMENTS
Env-Or
307.01 Application for Approval of
AST Systems and Piping Systems.
(a) At least 45 days prior to commencing
construction or installation of a new or replacement AST system having an oil
storage capacity of more than 660 gallons that is subject to these rules, the
owner of the existing or proposed facility shall submit the application
materials specified in (c), below, to the department.
(b) At least 45 days prior to commencing
construction or installation of any new or replacement underground or
over-water piping systems as part of an AST system having an oil storage
capacity of more than 660 gallons, the owner of the existing or proposed
facility shall submit the application materials specified in (c), below to the
department.
(c) The application materials required to be
submitted by (a) and (b), above, shall be:
(1) A completed application form as specified in
Env-Or 307.02(a), signed as specified in Env-Or 307.02(b);
(2) Complete plans and specifications as
specified in Env-Or 307.03 that have been prepared, approved, and stamped on
each page by a New Hampshire licensed professional engineer; and
(3) A spill prevention control and countermeasure
plan as specified in Env-Or 306.02.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.02 Required Applicant Information.
(a) The owner shall complete and submit to the
department the form entitled “Application for the Construction or Installation
of Aboveground Storage Tank (AST) Systems or Associated Underground or
Over-Water Piping Systems”, NHDES-S-04-006, 5-19-2022, available at https://onlineforms.nh.gov/?formtag=nhdes-s-04-006.
(b) The owner shall sign and date the application
form. The owner’s signature shall
constitute certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer;
(2) The signer understands that any permit issued
based on false, incomplete, or misleading information shall be subject to
revocation; and
(3) The signer understands that they are subject
to the penalties specified in RSA 641:3 for making unsworn false statements.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.03 Plans and Specifications. The plans and specifications required by
Env-Or 307.01(c)(2) shall include the following information, as applicable, on
the application form or on separate sheets that are legible but no larger than
22 inches by 34 inches:
(a) An accurate scaled diagram showing a plan
view depiction of the site, which includes:
(1) A north arrow;
(2) All existing and proposed tanks, piping
systems, and transfer areas;
(3) All existing and proposed structures and
appurtenances;
(4) All existing and proposed water wells,
surface waters, and source water protection areas on the site or within 500
feet of the proposed work; and
(5) Any special flood hazard areas on the site;
(b) Complete, detailed engineering designs of all
existing and proposed secondary containment, leak detection, oil type, piping
including slope and backfill requirements if underground, transition and
dispenser sumps, piping termination details, flex connectors, foundations and
cradles, atmospheric and emergency vents, gauges, high level alarms, automatic
fill shut off devices, spill boxes, valves, transfer pads with positive
limiting barriers, and marking and coating requirements;
(c) Complete, detailed engineering designs of the
proposed cathodic protection system, if applicable;
(d) A locus showing the relation of the proposed
AST system site to the surrounding area, which identifies all water wells,
surface water bodies, and source water protection areas within 500 feet of the
site;
(e) Any other information that will accurately
convey the intended AST system configuration and show compliance with Env-Or
305;
(f) A complete description of each AST to be
installed, including:
(1) The height, length, and diameter of the tank,
and its capacity, in gallons;
(2) Whether the tank is or will be installed in a
horizontal or vertical configuration;
(3) Whether the tank is new or used and, if used,
the certification required by Env-Or 308.01(b);
(4) Whether the tank is or will be
shop-fabricated or field-erected;
(5) What product that
will be stored in the tank;
(6) The name and address of the manufacturer, and
the manufacturer’s model number for the tank;
(7) The type of foundation for the tank, and
whether the tank is or will be in contact with soil, concrete, or other
material;
(8) Whether the tank is double-walled;
(9) The UL rating or
(10) Whether the tank will be installed in a
below-grade vault;
(11) The tank supplier’s name and address; and
(12) Any other information needed to describe the
AST;
(g) A complete description of all piping,
including:
(1) Whether the piping is pressurized or suction;
(2) For piping other than schedule 40 steel
aboveground piping, the name of the pipe manufacturer;
(3) For flexible piping, the name of the pipe
manufacturer and the manufacturer’s part number;
(4) The composition of the pipe, as listed in
Env-Or 305.04(f) or (g), as applicable;
(5) The size of pipe, or the range of sizes if
more than one size is proposed;
(6) The pipe schedule;
(7) The method of assembly of the piping system;
(8) The type and average spacing of pipe support
to be used;
(9) The number and type of valves to be used;
(10) The method by which siphoning will be
prevented;
(11) Any other information needed to describe the
piping system;
(12) Underground piping details as required by
Env-Or 305.05, as applicable; and
(13) Secondary containment details as required by
Env- or 305.09, as applicable;
(h) A complete description of all containment and
dispenser sumps, including:
(1) The name of the sump manufacturer and the
manufacturer’s model number;
(2) The material of construction of the sump; and
(3) The name of the sump sensor manufacturer and
the sump sensor model number;
(i) A complete
description of all cathodic protection systems, including:
(1) The type of cathodic protection system,
including the type and spacing of anodes and the source of rectifier power; and
(2) The name, address, daytime telephone number,
and certifying organization and certification number of the designer of the
cathodic protection system;
(j) A complete description of all secondary
containment, including:
(1) The type of secondary containment;
(2) Whether the tank will be inside a building;
(3) The volume of the secondary containment and
the required secondary containment volume;
(4) Whether the secondary containment is covered so as to preclude the accumulation of precipitation and if
so, a description of the cover; and
(5) How the accumulated precipitation will be
managed;
(k) A complete description of all overfill
protection, including:
(1) The type of gauges to be used, units of
measure, the name of the gauge manufacturer and the model number of the gauge;
(2) The type of high-level alarm to be used,
together with the name of the alarm manufacturer and the model number of the
alarm;
(3) Where the audible and visual alarm will be
located;
(4) The height, measured from the bottom of the
tank, at which the high-level alarm will be activated;
(5) If applicable, the type of the automatic fill
shut-off system to be used, together with the name of the system’s manufacturer
and the model number; and
(6) The height, measured
from the bottom of the tank, at which the automatic fill shut-off system will
be activated;
(l) A complete description of all interstitial
leak monitoring, including the location, manufacturer, and model number of each
monitoring device;
(m) The name, company, mailing address, daytime
telephone number, email address, and New Hampshire license number of the
engineer of record and license expiration date;
(n) The name, company, mailing address, daytime
telephone number, email address, and ICC certification number of the certified
installer of record and certification expiration date; and
(o) Identification of the closest distance from
any new or substantially modified AST system components to a public water
supply, non-public water supply, and surface water of the State, as defined by
RSA 485-A:2, XIV.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.04 Completeness Review.
(a) Upon receipt of an application, the
department shall determine whether the application meets the requirements of
Env-Or 307.01.
(b) If the application meets the requirements of
Env-Or 307.01, the department shall process the application in accordance with
Env-Or 307.05.
(c) Except as provided in (f), below, if the
application does not meet the requirements of Env-Or 307.01, the department
shall notify the applicant in writing of:
(1) What is missing; and
(2) The deadline for submitting the missing
components, established based on the type and volume of the missing
component(s).
(d) Upon notifying an applicant that the
application does not contain everything required by Env-Or 307.01, the
department shall suspend further processing of the application pending receipt
of the information missing from the application.
(e) No portion of the time between the date a
notice is provided pursuant to (c), above, or (f), below, and the date the
applicant responds shall be included in computing the time limit for acting on
the application.
(f) The department shall notify the applicant by
telephone in lieu of providing a written notice pursuant to (c), above, if:
(1) The anticipated time required of the
applicant to supply the missing information is less than the anticipated time
required of the department to notify the applicant in writing; and
(2) The department is able to
contact the applicant by telephone.
(g) If the department provides notice pursuant to
(f), above, the department shall specify in the oral notice the same
information required by (c)(1)-(2), above.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 307.05 Decision on Application.
(a) Within 45 days of receipt of a complete set
of plans and specifications, the department shall send the applicant written
notice approving or denying the application.
(b) The department shall approve the application
if the application demonstrates compliance with all applicable requirements of
this chapter.
(c) The department shall deny the application if
the application does not demonstrate compliance with all applicable
requirements of this chapter. If the
department denies the application, the written notice sent pursuant to (a),
above, shall specify the reason(s) for the denial.
(d) The department shall include such terms and
conditions in the approval as are necessary to ensure compliance with
applicable requirements.
(e) Department approval for installation of an
AST system shall not eliminate the need to obtain applicable approvals and
permits from the authority(ies) enforcing the state
fire code, the state building code as defined in RSA 155-A:1, IV, and any
applicable local building codes.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.06 Approval to Operate Required.
(a) The owner shall notify the department to
arrange for an inspection prior to introducing oil into a newly constructed AST
system and prior to backfilling an underground piping system.
(b) The department shall grant approval to
operate the new AST system only if the department:
(1) Determines that the newly-constructed AST
system or piping system has been installed in accordance
with the approved plans and the
terms and conditions of the approval issued pursuant to Env-Or 307.05;
and
(2) Receives the report from the certified
installation supervisor as required by Env-Or 307.09.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.07 Approval Duration; Extensions.
(a) An approval to construct issued pursuant to
Env-Or 307.06 shall be valid for one year from the date the approval is issued.
(b) If construction pursuant to the approval has
not commenced within one year, the approval shall be void.
(c) If construction of the AST system has been
initiated but has not been completed within one year of the
date of approval issued pursuant to Env-Or 307.06, the owner shall
notify the department and request an extension of the approval. The department shall grant a one-year
extension if:
(1) Any tank(s) and any underground portion of
the piping system(s) that have already been installed conform with the approved
plan; and
(2) For any tank(s) and any underground portion
of the piping system(s) that have not yet been installed, the approved plans
conform to all then-current applicable requirements.
(d) If the owner does
not request or qualify for an extension under (c), above, but still wishes to
pursue the project, the owner shall submit a new application as specified in
Env-Or 307.01.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.08 Construction Pursuant to
Approval; Design Changes.
(a) No person shall commence construction unless
written approval has been received from the department in accordance with
Env-Or 307.06(b).
(b) During construction, the owner shall not
cause or allow a substantial design change without first obtaining approval of
the change from the department.
(c) All substantial design changes shall be
approved in writing by the design engineer of record and resubmitted for
department approval.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.09 Requirements for AST System
Installers.
(a) Effective May 28, 2007, only an individual
who is certified for AST installation and retrofitting by the International
Code Council (ICC) shall supervise the installation of an AST system or AST
system component.
(b) Following the installation, the certified
installation supervisor shall prepare a written report that contains the
following information:
(1) The installation
supervisor’s name and ICC AST certification number;
(2) An explanation of how the supervisor oversaw
the installation of the AST system or AST system component(s); and
(3) The results of all
pressure tests conducted on the installed system and components.
(c) The department shall not grant operation
approval under Env-Or 307.06 unless the report documents that
the requirements of this chapter have been met.
(d) Individuals who wish to obtain information on
obtaining certification for installation and retrofitting may contact the
International Code Council (ICC), Los Angeles District Office, 5360 Workman
Mill Road, Whittier, California 90601-2298, (800) 423-6587 ext. 3419, http://www.iccsafe.org.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.10 AST System Design Standards.
(a) AST systems installed on or after April 25, 1997 shall be located and spaced as specified in Env-Or
305.01(c).
(b) AST systems installed on or after April 25, 1997 shall not be constructed within the floodway portion of
the special flood hazard area.
(c) AST systems and associated pipes and
distribution equipment installed on or after April 25, 1997
shall not be located along highway curves or otherwise exposed to traffic
hazards without suitable protection. For
the purposes of this rule, suitable protection means a barrier that will
protect the AST system against an impact equal to the design speed of the
roadway.
(d) AST systems installed on or after April 25, 1997 shall be physically protected from vehicular collision
by fencing, barriers, or bollards, subject to the following:
(1) Bollards shall be spaced no more than 4
feet apart; and
(2) All barriers shall be painted with a reflective paint or be partially covered with a reflective tape.
(e) At any site that did not
have an AST system prior to January 21, 2009 at which construction of an AST system is proposed on or after
January 21, 2009, no AST system shall be located closer than the
applicable distance specified in Table 307-1:
Table 307-1: Minimum Distance from
AST System to Water Supply Sources
|
Contents of AST |
PWS Source |
Non-Public Water Supply Well |
|
Gasoline |
at least 500
feet |
at least 250
feet |
|
Heating
oil used only for on-premise heating |
outside
of protective radius |
at
least 75 feet |
|
Oil other than
gasoline used only for on-premise
emergency electrical generation |
outside of
protective radius |
at least 75 feet |
|
All
other contents |
at
least 400 feet |
at
least 75 feet |
(f) No AST system shall be added, substantially
modified, or replaced within the sanitary protective area of a public water
system source.
(g) At any site that did not have an AST system
prior to January 21, 2009 at which construction of an AST system is proposed on
or after January 21, 2009, no AST system shall be located within 75 feet of
surface waters of the state unless it is at a marina, hydro
electric facility, or the facility receives oil by way of waterborne
transportation.
(h) At any site that had an AST system prior to
January 21, 2009, if the minimum separation distance specified in (e) or (g),
above, are not met, the addition, substantial modification, or replacement of
an AST system shall not decrease the separation distance.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
307.11 Installation of AST Systems.
(a) AST systems installed on or after April 25, 1997 shall be installed in accordance with the
manufacturer’s requirements and national and industry codes as reflected in the
plans and specifications approved by the department pursuant to Env-Or 307.05.
(b) Items installed on or after April 25, 1997 for which no manufacturer’s requirements are provided
shall be installed according to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c) Before being placed in service, all tanks and
piping, whether new or reconditioned, shall be tested for tightness and
inspected in accordance with the requirements specified in
(d) Secondary containment liners constructed of
natural materials shall be certified as meeting the permeability standard
specified in Env-Or 305.08(a) by a New Hampshire-licensed professional engineer
based on testing conducted in accordance with
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 308
REMOVAL; CLOSURE; REUSE
Env-Or 308.01
Removal of AST Systems Required If
Not Being Used.
(a) Subject to (b), below, the owner of an AST
system shall clean the AST system as specified in Env-Or 306.14(c) and remove
the AST system from the property no later than:
(1) The date on which a shop-fabricated AST
system has not had oil introduced to or removed from
it for 10 years; or
(2) The date on which a field-erected AST system
has not had oil introduced to or removed from it for 15 years.
(b) Removal shall not be required if the owner
provides written certification from a certified tank inspector to the
department certifying that the AST system meets all standards for new AST
systems.
(c) An owner who has dismantled and removed an
AST system shall notify the department not later than 30 days after beginning
the planned removal, by submitting an amended registration form as described in
Env-Or 304.03.
(d) If evidence of soil or groundwater
contamination from oil is detected by assessment, observation, or analysis
during or as a result of the tank closure, the owner
shall notify the department immediately and comply with all applicable
requirements of Env-Or 600.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 308.02
Site Assessment After Removal.
(a) After dismantling and removing an AST system,
the owner shall assess the site to determine whether there is soil or
groundwater contamination, or both, attributable to the AST system if:
(1) Any tank, valve, pump, or section of piping
was in contact with the ground and did not have secondary containment; or
(2) There is evidence that oil has been released
from the AST system.
(b) The assessment to determine if any
contamination is present shall be performed using the following investigative
methods, as applicable:
(1) Test pits shall be excavated or soil borings
advanced in the immediate vicinity of the AST system, and representative soil
or groundwater samples shall be obtained;
(2) Soil or groundwater samples shall be obtained
from the ground surface immediately beneath the tanks, the test pits or soil
borings, and beneath the adjacent system piping; and
(3) All existing release detection devices or
subsurface monitoring locations shall be sampled.
(c) The soil or groundwater samples shall be
screened for the presence of contamination in the field using sensory
observation and an organic vapor analyzer.
(d) A subset of those soil and groundwater
samples screened which are representative of the conditions found in the
vicinity of the AST system that was dismantled and removed, which includes a
sample obtained from the same location as the screened sample that contained
the highest concentration of volatile organics, shall be submitted to a
laboratory accredited pursuant to Env-C 300 for analysis.
(e) The soil and groundwater samples collected
pursuant to (d), above, shall be analyzed for:
(1) Volatile organic compounds (VOC) in the water
matrix, and VOC and total petroleum hydrocarbons (TPH) as gasoline in the soil
matrix, if the system stored gasoline or similar
weight product(s);
(2) VOC and polycyclic aromatic hydrocarbons
(PAH) in the water matrix, and VOC, PAH, and TPH as fuel oil in the soil
matrix, if the system stored diesel fuel, fuel oils, used oil, or similar
weight product(s); and
(3) Arsenic, barium, cadmium, chromium, lead,
mercury, selenium, and silver using the toxicity characteristics leaching
procedure (TCLP) as defined in method 1311 of SW-846, “Test Methods for the
Evaluation of Solid Waste, Physical/Chemical Methods”
in the soil matrix if the system stored used oil.
(f) Laboratory analysis methods for the analyses
described in (e), above, shall be as specified in Env-Or 600.
(g) Results of the assessments performed under
(b) and (c), above, and the laboratory analysis of samples performed under (d)
and (e), above, shall be submitted to the department within 60 days of the AST
system dismantling.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 308.03 Re-Use and Disposal of Used ASTs.
(a) An AST that has been removed shall not be
reinstalled for the purpose of oil storage unless it meets all applicable
standards for new tanks specified in Env-Or 305 at the time the tank is to be
installed.
(b) A used AST that meets the standards for new
tanks specified in Env-Or 305 may be reinstalled for oil storage only after it
has been:
(1) Thoroughly cleaned, both internally and
externally;
(2) Inspected after cleaning to determine that it
has no pinholes, cracks, structural damage, or corrosion; and
(3) Determined to be structurally sound by a
certified AST inspector.
(c) If a shop-fabricated AST is to be disposed of
as scrap, the owner shall first:
(1) Test the AST for vapors;
(2) Render the AST vapor free, if necessary; and
(3) Punch holes in the AST to make it unfit for
storage of liquids.
(d) ASTs and AST systems shall not be reused for
the storage of food or potable water.
(e) A tank that was designed for installation as
an underground storage tank shall not be installed or used as an AST.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 309
SPECIAL SYSTEMS
Env-Or
309.01 Applicability. The rules in this part shall apply as
follows:
(a) Env-Or 309.02 shall apply to any AST system
designed and used to store oil in the solid phase at atmospheric temperature
and pressure;
(b) Env-Or 309.03 shall apply to any location
where any oil-filled electrical equipment individually contains more than 660
gallons of oil;
(c) Env-Or 309.04 shall apply to any AST system
with an oil storage capacity of more than 660 gallons but not more than 1,320
gallons that:
(1) Is included in Env-Or 301.02(a)(1) but not in
Env-Or 301.02(a)(2);
(2) Is located at a construction site; and
(3) Is installed and exists only for the specific
duration of the construction contract for which it is used, not to exceed one year;
(d) Env-Or 309.05 shall apply to any AST having a
capacity of not more than 330 gallons that:
(1) Contains heating oil for on-premise
heating only; and
(2) Is at an AST facility that is included in
Env-Or 301.02(a); and
(e) Env-Or 309.06 shall apply to use of cargo trucks by industrial enterprises or the
military.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
309.02 AST Systems Containing Oil
that is a Solid at Atmospheric Temperature and Pressure.
(a) Any AST system that contains oil that is in
the solid phase at atmospheric temperature and pressure shall:
(1) Be registered as specified in Env-Or 304.01;
(2) Be marked as specified in Env-Or 305.03; and
(3) Have a product
level gauge as specified in Env-Or 305.11(a).
(b) Any AST facility owner who wishes to
construct a new or replacement AST system containing oil that is in the solid
phase at atmospheric temperature and pressure shall obtain plan approval in
accordance with Env-Or 307.01 through Env-Or 307.05 prior to construction of
the AST system.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
309.03 Oil-Filled Electrical
Equipment.
(a) The owner of any location at which any
oil-filled electrical equipment individually contains more than 660 gallons of
oil shall:
(1) Register with the department in accordance
with Env-Or 304.01; and
(2) Prepare and maintain a spill prevention
control and countermeasure plan as specified in Env-Or 306.02.
(b) The owner of any location where any
oil-filled electrical equipment that was installed on or after April 25, 1997 individually contains greater than 660 gallons of oil
shall have:
(1) An impermeable barrier in the soil beneath
the oil-filled equipment;
(2) A containment structure, such as a collection
sump, that contains and then conveys all liquids to an oil-water separator for
collection until treatment can occur;
(3) Some other engineered solution that will
prevent a release of oil from the equipment to surface waters or groundwater of the state; or
(4) Operational controls sufficient to identify,
manage, respond, and prevent a release of oil to the
surface waters or groundwater of the state.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
309.04 Temporary Construction AST
Systems.
(a) The owner of an AST system included in Env-Or
309.01(c), temporary construction AST system,
shall:
(1) Register the temporary construction AST
system as specified in Env-Or 304.01; and
(2) Include the contract start and completion
dates in the registration information.
(b) A temporary construction AST system shall:
(1) Be marked as specified in Env-Or 305.03;
(2) Have secondary containment as specified in
Env-Or 305.07;
(3) Be equipped with a gauge as specified in
Env-Or 305.11(a); and
(4) Be equipped with either a high
level warning alarm as specified in Env-Or 305.11(b) or a mechanically
operated automatic fill shut-off valve as
specified in Env-Or
305.08(h)(3).
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
309.05 Small AST Systems Containing
Heating Oil for On-Premise Heating.
(a) The owner of an AST included in Env-Or
309.01(d), small AST, shall register the AST system as specified in Env-Or
304.01 through Env-Or 304.04, except that the deadline for registering updates
specified in Env-Or 304.03(a) shall be 60 days for these systems.
(b) The small AST and
any connected piping shall meet the standards for on-premise-use heating oil tanks specified in NFPA
31.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 309.06 Cargo Truck Use by Industrial Enterprises
or the Military.
(a)
The use of cargo trucks by an industrial enterprise or the military
shall be authorized, subject to the conditions noted in (b), below, if such use
is required to:
(1) Deliver
fuel to the fuel tanks of stationary equipment, off-road earthmoving equipment,
military tactical vehicles, parked aircraft, or parked refrigeration trailers,
provided the cargo truck or trailer shall not be used for on-site storage of
oil except as allowed by (2), below; or
(2) To hold oil removed from an AST system during
maintenance activities, provided the cargo truck or trailer shall not be used
for distribution for end use of the oil.
(b)
Except as allowed by (c), below, or as approved by the state fire
marshal, cargo trucks and trailers shall not be used to deliver fuel to on-road
motor vehicles.
(c)
The use of cargo trucks by military personnel to support military
vehicles in convoy shall be allowed provided there is
an applicable oil spill and response plan, prepared pursuant to 49
(1) The use
of portable flexible containment areas; and
(2) Proper containment and disposal of any
spilled oil.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
PART Env-Or 310
WAIVERS
Env-Or
310.01 Applicability. An owner who wishes to obtain a waiver from
any rule in this chapter shall request a waiver as specified in Env-Or 310.02.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or
310.02 Waiver Requests.
(a) To request a waiver, the owner shall submit
the following in writing to the department:
(1) The name, mailing address, and daytime
telephone number of the owner and, if available, a fax number and e-mail
address for the owner;
(2) The name, physical address, and registration
number of the facility;
(3) The specific rule, by section and paragraph,
for which a waiver is being sought;
(4) A full explanation of why a waiver is being
requested, including an explanation of the economic and operational
consequences of complying with the rule as written;
(5) Whether the need for the waiver is temporary,
and if so, the estimated length of time that the waiver will be needed;
(6) If applicable, a complete explanation of the
alternative that is proposed to be substituted for the requirement in the rule,
including written documentation or data, or both, to support the alternative;
and
(7) A complete explanation of why the requestor
believes that having the waiver granted will meet the criteria in Env-Or
310.03.
(b) The owner shall sign and date the request.
(c) The owner’s signature shall constitute
certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer;
and
(2) The signer understands that any waiver
granted based on false, incomplete, or misleading information shall be subject
to revocation.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 310.03 Waiver Criteria.
(a) Subject to (b), below, the department shall
grant a waiver if:
(1) Granting a waiver will not result in an
adverse impact on the environment, public health, or public safety that is more
significant than that which would result from complying with the rule; and
(2) One or more of the following conditions is
satisfied:
a. Granting a waiver is consistent with the
intent and purpose of the rule being waived; or
b. Any benefit to
the public or the environment is outweighed by the economic and operational
consequences of strict compliance with the rule.
(b) No waiver shall be granted if the effect of
the waiver would be to waive or modify any state statute, unless a waiver is
expressly allowed by the statute that would be waived.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Env-Or 310.04 Decision on Waiver Requests; Conditions.
(a) The department shall notify the requestor of
the decision in writing within 60 days of receipt of a request that meets the
requirements of Env-Or 310.02.
(b) If the request is denied, the response shall
identify the specific reason(s) for the denial.
(c) The department shall include such conditions
in a waiver as are necessary to ensure that the criteria of Env-Or 310.03 will
be met.
(d) If the need for a waiver is temporary, the
waiver shall specify the date on which it will expire.
Source. (See Revision Note at chapter heading for
Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24
Appendix A: Statutes Implemented
|
Rule Section(s) |
State
Statute(s) Implemented |
Federal
Regulations Implemented |
|
Env-Or
300 (also see specific sections listed below) |
RSA
146-A:1-3, 4, & 5; RSA
541-A:16, I(b) |
40 CFR Part 112 |
|
Env-Or
306.04 |
|
US DOT HM 181,
part HM-126F |
|
Env-Or
306.11 |
RSA
485-C:4, VIII |
40
|
|
Env-Or
308.01 |
RSA
485-C:4, VIII |
40
|
|
Env-Or
308.02 |
RSA
485-C:4, VIII |
40
CFR Part 112 |
|
Env-Or
310.04 |
RSA
541-A:22, IV |
|
Appendix B:
Incorporation by Reference Information
|
Rule |
Title/ Date |
Obtain at: |
|
Env-Or 303.02(a) |
|
American Petroleum Institute (202) 682-8000 |
|
Env-Or 303.02(b) |
|
|
|
Env-Or 303.02(c) |
RP 651 - “Cathodic Protection of
Aboveground Petroleum Storage Tanks”, fourth edition, 2014 ( |
|
|
Env-Or 303.02(d) |
|
|
|
Env-Or 303.02(e) |
RP 1615 – “Installation of Underground
Petroleum Systems”, sixth edition, 2011 ( |
|
|
Env-Or 303.02(f) |
RP 1632 “Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems” third edition 1996,
reaffirmed December 2010 (API 1632) |
|
|
Env-Or 303.02(g) |
|
|
|
Env-Or 303.02(h) |
RP 2611 – “Terminal Piping Inspection –
Inspection of In-Service Terminal Piping Systems”, first edition, July 2011 ( |
|
|
Env-Or 303.03(a) |
SP0169-2024 “Control of External
Corrosion on Underground or Submerged Metallic Piping Systems” (NACE
SP0169-2024) |
Association for Materials Protection and
Performance 15835 Park Ten Place (281) 228-6200 |
|
Env-Or 303.03(b) |
SP0285-2021 “External Corrosion Control
of Underground Storage Tank Systems by Cathodic Protection” (NACE
SP0285-2021) |
|
|
Env-Or
303.04(a) |
NFPA 30 “Flammable and Combustible
Liquids Code” (NFPA 30) |
National Fire Protection Association (800) 344-3555 |
|
Env-Or 303.04(b) |
NFPA 30A “Code for Motor Fuel Dispensing
Facilities and Repair Garages” (NFPA 30A) |
|
|
Env-Or 303.04(c) |
NFPA 31 “Standard for the Installation
of Oil-Burning Equipment” (NFPA 31) |
|
|
Env-Or 303.04(d) |
NFPA 110 – “Standard for Emergency and
Standby Power Systems” (NFPA 110) |
|
|
Env-Or 303.05(a) |
“RP200 Installation of Aboveground Storage
Systems” 2024 (RP200-24) |
Petroleum Equipment Institute Tulsa, OK 74133 (918) 494-9696 |
|
Env-Or 303.05(b) |
“RP300 Installation and Testing of Vapor-Recovery Systems” 2019 (RP300-19) |
|
|
Env-Or 303.05(c) |
“RP600 Overfill Prevention for ASTs” 2018 (RP600-18) |
|
|
Env-Or
303.05(d) Env-Or
305.01(b)(9) |
“RP800 Design and Installation of Bulk Storage Plants” 2020 (RP800-20) |
|
|
Env-Or 303.05(e) |
“RP1300 Aviation Fueling Systems” 2020
(RP1300-20) |
|
|
Env-Or 303.06 |
SP001 “Standard for the Inspection of
Aboveground Storage Tanks”, seventh edition, 2024 (SP001) |
Steel Tank Institute and Steel Plate Fabricators Assn (847) 438-8265 |
Appendix C -
Statutory Definitions
RSA 146-A:2:
I-a. “Discharge” or “spillage” means the
release or addition of any oil to land, groundwater or surface water;
VI. “Person” shall mean individual, partnership, joint venture,
corporation, association or any group of the foregoing or the United States of
America, any agency thereof and any other legal entity;
IX. “Facility” means a location, including structures or land, at which
oil is subjected to treatment, storage, processing, refining, pumping,
transfer, or collection;
XIV. “Qualified facility” means a facility:
(a) That has had no single discharge exceeding 1,000 gallons or no 2
discharges each exceeding 42 gallons, other than discharges that are the result
of natural disasters, acts of war, or terrorism;
(b) That has an aggregate aboveground oil storage capacity of 5,000
gallons or less, of which not more than 660 gallons is for storage of gasoline;
and
(c) For which preparation of a spill prevention, control, and
countermeasure (SPCC) plan does not necessitate the practice of engineering as
defined in RSA 310-A:2,
RSA
153:1:
VI-a. "New Hampshire fire code" or "state fire code"
means the adoption by reference of the Life Safety Code, NFPA 101, 2018
edition, and the Uniform Fire Code NFPA 1, 2018 edition, as published by the
National Fire Protection Association and as amended by the state board of fire
control and ratified by the general court pursuant to RSA 153:5. The provisions
of any other national code, model code, or standard referred to within a code
listed in this definition shall be included in the state fire code unless
amended in accordance with RSA 153:5.
RSA
310-A:2:
III. "Practice of engineering'' means any professional service or
creative work requiring education, training, experience, and the application of
advanced knowledge of mathematics and physical sciences, involving the constant
exercise of discretion and judgment, to such services or work as consultation,
investigation, evaluation, planning, design, responsible oversight of
construction, and responsible oversight of operation, in connection with any
public or private utilities, structure, buildings, machines, equipment,
processes, works, or projects, wherein the public welfare, or the safeguarding
of life, health, or property is concerned.
RSA 485:1-a:
XV.
“Public water system” means a system for the provision to the public of
piped water for human consumption, if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year. Such term includes (1) any collection,
treatment, storage, and distribution facilities under control of the operator
of such system and used primarily in connection with such system, and (2) any
collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water
system:
(a) Consists only of distribution and storage facilities (and does not
have any collection and treatment facilities);
(b) Obtains all of
its water from, but is not owned or operated by, a public water system; and
(c) Does not sell water to any person.
RSA
485-A:2:
XIV. “Surface waters of the
state” means perennial and seasonal streams, lakes, ponds, and tidal waters
within the jurisdiction of the state, including all streams, lakes, or ponds
bordering on the state, marshes, water courses, and other bodies of water,
natural or artificial.
Appendix D -
44
Regulatory floodway means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more
than a designated height.
Appendix E:
Compliance Deadlines Required by Env-Wm 1402 as effective May 28, 2005
|
Rule § / ¶ |
Requirement |
Systems with extended compliance
deadline |
Compliance Deadline |
|
1402.35(a) |
Secondary
containment for all AST systems and all underground and over water piping |
Systems
installed prior to May 28, 2005 |
Within 3
years of effective date of rules (i.e.,
no later than May 28, 2008) |
|
1402.35(d) |
All
requirements in Env-Wm 1402 |
On-premise-use heating oil systems
that existed on May 28, 2005 that were newly
regulated due to the exemption in Env-Wm 1402.02(b)(1) being lowered from
10,000 gallons to 1,320-gallons |
Within 3
years of effective date of rules (i.e.,
no later than May 28, 2008) |
|
1402.29(f) |
Interior
inspections (including means of accessing interior) |
Existing ASTs
greater than 5,100 gallons that were not equipped with a manhole or other
manufactured means of accessing the interior of the tank |
Install means
of entry and conduct initial inspection by the later of the date determined
pursuant to 1402.29(d) or within 3 years of the effective date of rules (i.e., no later than May 28, 2008) |