UNDERGROUND STORAGE TANKS VIRGIN ISLANDS RULES AND REGULATIONS TITLE 12 CHAPTER 16. UNDERGROUND STORAGE TANKS APPROVED ity Day of Mens , 2014 GOVERNOR Copy below is hereby certified.to be a true and correct copy of the regulations adopted, pursuant to opty granted inJ2 V.I.C. § 654 (b), by: - eae licia V. Barnes COMMISSIONER Virgin Islands Department of Planning and Natural Resources The copy below interprets or applies 12 V.LC. § § 651-684. Virgin Islands Rules and Regulations Page | UNDERGROUND STORAGE TANKS TABLE OF CONTENTS SECTION | TITLE PAGE § 654-1 Applicability 4 § 654-la_ | Interim Prohibition for Deferred UST | 5 Systems § 654-1b | Definitions 5 § 654-2 Registration of Underground Storage | 19 Tanks; Renewal; Fees § 654-3 Non-Transfer of Registration; Notice of | 22 Change of Registration Information § 654-4 Placement of New UST System 22 § 654-5 Performance Standards for New UST | 23 Systems; Permits § 654-6 Existing UST System; Upgrade | 31 Requirements; Permits § 654-7 Permit Applications, Duration of | 32 Permits, and Fees § 654-8 Operating Requirements for Ail UST | 35 Systems § 654-9 Non-Operational Underground Storage | 37 Tanks; Tank Closure § 654-10 Installer Certification; Renewal or Re- | 41 Certification; Reciprocity § 654-11 Denial, Suspension, or Revocation of | 42 Installer Certification § 654-12 | Recording of UST in Land Records 42 § 654-13 Tank Integrity Tests 45 § 654-14 Release Detection 45 § 654-15 Release Reporting, Investigation, | 54 Assessment, and Confirmation; Spills and Overfills § 654-16 Financial Responsibility 56 § 654-17 | Release Response and Corrective Action | 95 for UST System Containing Petroleum or Hazardous Substances § 654-18 Cost Recovery by the Government 100 § 654-19 Environmental Assurance Fee 100 § 654-20 | Record-Keeping; Furnishing Information | 101 § 654-21 | Inspection; Right of Entry 101 § 654-22 _| Prohibited Acts 101 § 654-23 | Emergency Orders 102 Virgin Islands Rules and Regulations Page 2 UNDERGROUND STORAGE TANKS § 654-24 | Administrative Proceedings 102 | § 654-25 | Review 103 § 654-26 Enforcement 103 § 654-27 | Penalties 104 § 654-28 Public Participation 104 | § 654-29 | Confidentiality 105 § 654-30 Field Citation Authorization 106 § 654-31 Virgin Islands Underground Storage | 106 Tank Revolving Trust Impress Account § 654-32 | Operator Training 107 § 654-33 Delivery Prohibition 110 § 654-34 | Target Cleanup Levels 113 § 654-35__| Public Record 120 Virgin Islands Rules and Regulations Page 3 UNDERGROUND STORAGE TANKS 654-1. Applicability (a) This Chapter applies to all owners and operators of an Underground Storage Tank (“UST”) system as defined in section 654-1b of this Chapter, except as otherwise provided in paragraphs (b) through (d) of this section. Any UST system listed in paragraph (c) shall meet the requirements of section 654-1la of this Chapter for deferred UST systems. (b) The following UST systems are excluded from the requirements of this part: (1) Any UST system holding: (i} Hazardous wastes regulated under Subtitle C of the Solid Waste Disposal Act, 42 U.S.C. § 6921 through 42 U.S.C. § 6939b, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et seq., in effect on September 30, 1996; or (ii) | A mixture of such hazardous waste and other regulated substances. (2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 (33 U.S.C. §1342) or Section 307(b) (33 U.S.C. § 1317(b)) of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq., in effect on October 31, 1994. (3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks. (4) Any UST system whose capacity is 110 gallons or less. (5) Any UST system that contains a de minimis concentration of regulated substances. (6) Any emergency spill of overflow containment UST system that is expeditiously emptied after use. (c) Sections 654-2, 654-3a, 654-5, 654-6, 654-8, 654-9, 654-14, and 654-15 do not apply to any of the following types of UST systems: (1) Wastewater treatment tank systems; (2) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.); Virgin Islands Rules and Regulations Page 4 UNDERGROUND STORAGE TANKS (3) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR part 50, appendix A; (4) Airport hydrant fuel distribution systems; and (5) UST systems with field-constructed tanks. (d) The release detection provisions in section 654-14 do not apply to any UST system that stores fuel solely for use by emergency power generators, except for those installed or replaced after the effective date of these regulations. The secondary containment provisions in section 654-5 do apply to new or replaced underground storage tanks and piping used for emergency power generation. 654-1a. Interim Prohibition for Deferred UST System (a) No person may install an UST system listed in section 654-1(c) for the purpose of storing regulated substances unless the UST system (whether of single- or double-wall construction) meets the following requirements: (1) Will prevent releases due to corrosion or structural failure for the operational life of the UST system; (2) Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and (3) Is constructed or lined with material that is compatible with the stored substance. (b) Notwithstanding paragraph (a) in this section, an UST system without corrosion protection may be installed at a site, if soil tests conducted in accordance with ASTM Standard G57-78, or another standard approved by the Department, show that soil resistivity in an installation location is 12,000 ohm/cm or more. Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank. 654-1b. Definitions As used in this Chapter, citations to section 280 refer to federal regulations for Underground Storage Tanks, codified in 40 Code of Federal Regulations, Part 280. Virgin Islands Rules and Regulations Page 5 UNDERGROUND STORAGE TANKS (a) “Abandoned underground storage tank” means an underground storage tank that is not intended to be returned to service; has been out of service for more than one year; has been rendered permanently unfit for use; or has not been subjected to tank closure consistent with the provisions of these regulations. (b) “Above-ground release” means any release of one or more regulated substances to the surface of the land or to surface water. This includes, but is not limited to, releases from the above-ground portion of an underground storage tank system and above ground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank system. (c) “Accidental release” means any release, sudden or nonsudden, of one or more regulated substances from an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator. (d) “Act” means the Virgin Islands Underground Storage Tank Act. (e) “Ancillary equipment” means any devices including, but not limited to, piping, fittings, flanges, valves, hoses, dispensers, and pumps used to distribute, meter, or control the flow of regulated substances to and from an underground storage tank. (f) “Below-ground release” means any release of one or more regulated substances to the subsurface of the land and/or to groundwater. This includes, but is not limited to, releases from the below-ground portions of an underground storage tank system and below-ground releases associated with overfills and transfer operations as the regulated substance move(s) to or from an underground storage tank system. (g) “Beneath the surface of the ground” means beneath the ground surface or otherwise covered with earthen materials. (h) “Beneficial source of groundwater” means any private or public well drawing on groundwater with total dissolved solids (“TDS”) less than 10,000 parts per million (“ppm”) where that groundwater is intended for human use (e.g., for use as drinking water or for agricultural, industrial, or commercial uses). (i) “Bodily injury” shall have the meaning given to this term by applicable territorial law; however, this term shall not include those liabilities, which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury. Virgin Islands Rules and Regulations Page 6 UNDERGROUND STORAGE TANKS (j) “Cathodic protection” means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current. (k) “Cathodic protection tester” means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems. (Il) “CERCLA” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (m) “Certification” means the recognition by the Department that a person is competent and thus authorized to perform or supervise the performance of any task consistent with the provisions of this chapter and such person’s certificate classification. (n) “Change-in-service” means continued use of the UST or UST system to store a nonregulated substance. (0) “Chief Financial Officer” means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the company and/or territorial government, in the case of UST systems owned and operated by the territorial government. (p) “Closure” means the owner or operator has met all the program requirements of section 654- 9 of these regulations. The term does not mean that the site is completely free of contaminants. Some acceptable level of contaminants may still be on-site. (q) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources or the Commissioner’s designee. (r) “Community Water System” means a public water system which serves at least 8 service connections used by year-round residents or regularly serves at least 20 year-round residents. (s) “Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST. Virgin Islands Rules and Regulations Page 7 UNDERGROUND STORAGE TANKS (t) “Connected piping” means all underground piping, including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them. (u) “Consumptive use” means consumed on the premises, with respect to use of heating oil. (v) “Controlling interest” means direct ownership of at least 50 percent of the voting stock of another entity. (w) “Corrective action” means those actions necessary to protect human health and the (x) (y) (Z) environment in the event of a release from an UST System. Corrective action includes those activities required for response to and cleanup of regulated substances from underground storage tanks, including initial response, initial abatement measures and site check, initial site characterization, free product removal, investigations and remedial actions to clean up soil, subsoil, surface water, and groundwater, and preparation and implementation of a corrective action plan which shall include actions necessary to monitor, assess and evaluate the effectiveness of remedial action after a release has occurred. “Corrosion expert” means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged meta! piping systems and metal tanks. “Delivery Prohibition” means prohibiting the delivery, deposit, or acceptance of product to an underground storage tank that has been determined to be ineligible by EPA or the Department for such delivery, deposit, or acceptance. “Department” means the Virgin Islands Department of Planning and Natural Resources. (aa) “DEP” means the Division of Environmental Protection at the Department of Planning and Natural Resources. Virgin Islands Rules and Regulations Page 8 UNDERGROUND STORAGE TANKS (bb) “Dielectric material” means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system (e.g., tank from piping). (cc) “Director of the Implementing Agency” means the Commissioner of the Department of Planning and Natural Resources or his or her designee, such as the Director of the Division of Environmental Protection. (dd) “DPNR” means the Virgin Islands Department of Planning and Natural Resources. (ee) “Electrical equipment” means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable. (ff) “Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation. (gg) “Ethanol” means an alcohol fuel mainly derived from materials such as grain or sugarcane, or other processes. (hh) “Existing,” for purposes of secondary containment, means that an underground tank, piping, motor fuel dispensing system, facility, community water system, or potable drinking water well is in place on or before the effective date of these regulations. . (ii) | “Farm tank” means a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. “Farm” includes fish hatcheries, rangeland, and nurseries with growing operations. (jj) “Financial reporting year” means the most recent, consecutive twelve-month period for which any of the following reports used to support a financial test is prepared. ‘‘Financial reporting year’’ may thus comprise a fiscal or a calendar year period. (1) 10—K report submitted to the SEC; (2) an annual report of tangible net worth submitted to Dun and Bradstreet; or Virgin Islands Rules and Regulations Page 9 UNDERGROUND STORAGE TANKS (3) an annual report submitted to the Energy Information Administration or the Rural Electrification Administration. (kk) “Flow-through process tank” means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process. (il) “Free product” means a regulated substance that is present as a non-aqueous phase liquid (1.e., liquid not dissolved in water.) (mm) “Gathering lines” means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations. (nn) “Hazardous substance UST system” means an underground storage tank system that contains a hazardous substance defined in section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act) or any mixture of such a substance and petroleum, and which is not a petroleum UST system. (00) “Heating oil” means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces. (pp) “Hydraulic lift tank” means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices. (qq) “Implementing agency” means the Virgin Islands Department of Planning and Natural Resources (““Department” or “DPNR”). (rr) “Installation of a New Motor Fuel Dispenser System” means the installation of a new motor fuel dispenser and the equipment necessary to connect the dispenser to the underground storage tank system. It does not mean the installation of a motor fuel dispenser installed separately from the equipment needed to connect the dispenser to the underground storage tank system. For purposes of these regulations, the equipment necessary to connect the motor fuel dispenser to the underground storage tank system may include check valves, shear Virgin Islands Rules and Regulations Page 10 UNDERGROUND STORAGE TANKS valves, unburied risers or flexible connectors, or other transitional components that are beneath the dispenser and connect the dispenser to the underground piping. (ss) “Installer” means a person that installs part or all of an underground storage tank system in the Virgin Islands. (tt) “Interstitial monitoring” means a release detection method that monitors the interstitial space of an underground storage tank and piping. The term includes only those release detection systems that are capable of detecting a breach in the primary containment of the underground storage tank and piping component being monitored before the regulated substance or petroleum stored is release to the environment. (uu) “Legal defense cost” means any expense that an owner or operator or provider of financial assurance incurs in defending against claims or actions brought: (1) By EPA or the Department of Planning and Natural Resources to require corrective action or to recover the costs of corrective action; (2) By or on behalf of a third party for bodily injury or property damage caused by an accidental release; or (3) By any person to enforce the terms of a financial assurance mechanism. (vv) “Liquid trap” means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream. (ww) “Manufacturer” means a person that manufactures an underground storage tank or piping for an underground storage tank system that is installed in the Virgin Islands. For the purposes of the financial responsibility and certification requirements of these regulations, this definition does not apply to manufacturing of underground ancillary equipment or containment systems. (xx) “Maintenance” means normal operational upkeep to prevent an underground storage tank system from releasing product. (yy) “Motor fuel” means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No.1 or No. 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engine. Virgin Islands Rules and Regulations Page 11 UNDERGROUND STORAGE TANKS (zz) “Monitoring system” means a system capable of detecting leaks or discharges, or both leaks and discharges, other than an inventory control system, used in conjunction with an UST system and tightness testing. (aaa) “New,” for purposes of secondary containment, means an underground tank, piping, motor fuel dispensing system, facility, community water system, or potable drinking water well is in place after the effective date of these regulations. (bbb) “Noncommercial purposes” means not for resale, with respect to motor fuel. (ccc) “Non-operational underground storage tank” means any underground storage tank that contains no regulated substances or from which no regulated substances are dispensed. (ddd) “Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in a release from an underground storage tank. The definition of this term is intended to assist in the understanding of these regulations and is not intended either to limit the meaning of occurrence in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of occurrence. (eee) “On the premises where stored” means UST systems located on the same property where the stored heating oil is used. (fff) “Operational life” means the period beginning when installation of the tank system has commenced until the time when the tank system is properly closed under section 654-9. (ggg) “Operational underground storage tank” means any underground storage tank that contains regulated substances and from which regulated substances are dispensed. (hhh) “Operator” means any person in control of, or having responsibility for, the daily operation of the UST system, including any type of recordkeeping or reporting, or a person who controls or monitors the dispensation or sale of regulated substances, or is responsible for initial response to alarms or releases. (iii)“Overfill release” means a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment. (jij)““Owner” means (1) In the case of an UST system in use on November 8, 1984, or brought into use or capable of being used after that date, any person who owns an UST system used for storage, use, or dispensing of regulated substances; and Virgin Islands Rules and Regulations Page 12 UNDERGROUND STORAGE TANKS (2) In case of any UST system in use before November 8, 1984, but no longer in use or capable of being used on that date, any person who owned such UST system immediately before the discontinuation of its use. (3) The term “owner” does not include any person who, without participation in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person’s security interest in the underground storage tank. (kkk) “Owner or Operator” when the owner and operator are separate parties, refers to the party that is obtaining or has obtained financial assurances. (IIl)“Person” means an individual, corporation, partnership, association, firm, commercial entity, consortium, joint venture, joint stock company, trust, federal agency, state, municipality, commission, political subdivision of a state, any interstate body, the United States Government, or the Government of the Virgin Islands or any department, agency, board, commission, authority, instrumentality or political subdivision of the Territory. (mmm)“Petroleum and Petroleum products” mean petroleum, including crude oil, or any fraction thereof which is liquefied at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute. The term includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. (nnn) “Petroleum marketing facilities” means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public. (000) “Petroleum marketing firms” means all firms owning petroleum marketing facilities. Firms owning other types of facilities with USTs as well as petroleum marketing facilities are considered to be petroleum marketing firms. (ppp) ‘Petroleum UST system” means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. (qqq) “Pipe” or “piping” means the hollow cylinder or the tubular conduit constructed of non- earthen materials that routinely contains and conveys regulated substances from the underground tank(s) to the dispenser(s) or other end-use equipment. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey Virgin Islands Rules and Regulations Page 13 UNDERGROUND STORAGE TANKS regulated substances from the underground tank(s) to the dispenser(s). This definition does not include vent, vapor recovery, or fill lines. (rr) “Pipeline facilities (including gathering lines)” means new and existing pipe rights-of- way and any associated equipment, facilities, or buildings. (sss) “Potable Drinking Water Well” means any hole (dug, driven, drilled, or bored) that extends into the earth until it meets groundwater, which supplies water for a non-community public water system, or otherwise supplies water for household use (consisting of drinking, bathing, and cooking, or other similar uses). Such wells may provide water to entities such as a single-family residence, group of residences, businesses, schools, parks, campgrounds, other permanent or seasonal communities, or a public water system. {ttt)“Product Deliverer” means any person who delivers or deposits product into an underground storage tank. This term may include major oil companies, jobbers, petroleum transportation companies, or other product delivery entities. (uuu) “Property damage” shall have the meaning given this term by applicable state law. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, such exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy. (vvv) “Provider of financial assurance” means an entity that provides financial assurance to an owner or operator of an underground storage tank through one of the mechanisms listed in sections 654-16(d) through 654-16(j), including a guarantor, insurer, risk retention group, surety, or issuer of a letter of credit. (www) “Public Water System (“PWS”)” means a system for the provision to the public of water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, 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: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and, any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “community water system” or a “non-community water system.” (xxx) “Red Tag” means a tag, device, or mechanism on the tank’s fill pipe that clearly identifies an underground storage tank as ineligible for product delivery. The tag or device is easily visible to the product deliverer and clearly states and conveys that it is unlawful to Virgin Islands Rules and Regulations Page 14 UNDERGROUND STORAGE TANKS deliver to, deposit into, or accept product into the ineligible underground storage tank. The tag, device, or mechanism is generally tamper resistant. (yyy) “Regulated substance” means (1) Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 but not including any substance regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act; (2) Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure 60 degrees Fahrenheit and 14.7 pounds per square inch absolute) and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil though processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils; and (3) Any other substance designated by regulation and promulgated by the Commissioner. (zzz) “Release” means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an UST into groundwater, surface water, surface soils or subsurface soils. (aaaa) “Release detection” means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it. (bbbb) “Repair” means to restore an underground tank, piping or dispenser to operating condition when such underground tank, piping or dispenser previously may have caused a release. Solely for purposes of determining when secondary containment is required by these regulations, a repair is any activity that does not meet the definition of replace. (cccc) “Replace” means: (1) With respect to an underground tank, replace means to remove permanently an existing underground tank and install a new underground tank. (2) With respect to piping, replace means to remove permanently 50 percent or more of total, existing piping length connected to a single underground tank and to install new piping. (3) With respect to a motor fuel dispenser system, replace means to remove permanently an existing motor fuel dispenser and the equipment necessary to connect the dispenser to the underground storage tank system and to install a new motor fuel dispenser system. For Virgin Islands Rules and Regulations Page 15 UNDERGROUND STORAGE TANKS purposes of this definition, this equipment includes flexible connectors, risers, or other transitional components that are beneath the dispenser and connect the dispenser to the piping. (dddd) “Residential tank” means a tank located on property used primarily for dwelling purposes. (eeee) “SARA” means the Superfund Amendments and Reauthorization Act of 1986. (ffff) “Secondary containment” means a release prevention and release detection system for an underground tank and/or piping. The release prevention part of secondary containment is an underground tank and/or piping having an inner and outer barrier. Between these two barriers is a space for monitoring. The release detection part of secondary containment is a method of monitoring the space between the inner and outer barriers for a leak or release of regulated substances from the underground tank and/or piping (called interstitial monitoring). Interstitial monitoring must meet the release detection requirements in 654-14(d)(6). (gggg) “Septic tank” means a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility. (hhhh) “Stormwater or wastewater collection system” means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment except where incidental to conveyance. (iiii) “Substantial business relationship” means the extent of a business relationship necessary under applicable law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued ‘‘incident to that relationship”’ if it arises from and depends on existing economic transactions between the guarantor and the owner or operator. (jij) “Substantial governmental relationship” means the extent of a governmental relationship necessary under applicable law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued ‘‘incident to that relationship’’ if it arises from a clear commonality of interest in the event of an UST release such as coterminous boundaries, overlapping constituencies, common groundwater aquifer, Virgin Islands Rules and Regulations Page 16 UNDERGROUND STORAGE TANKS or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee. (kkkk) “Surface impoundment” means a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well. dill} “Tangible net worth” means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, ‘‘assets’’ means ail existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions. (mmmm) “Tank” means a stationary device constructed of non-earthen materials, such as steel, concrete, fiberglass, plastic, or other such materials that provide structural support, and are designed to contain an accumulation of regulated substances. (nnnn) “Tank integrity test” means a test or a series of tests or other appropriate procedures prescribed by the Department to ascertain the conditions of an UST system. (0000) “TDS” means total dissolved (non-filterable) solids. (pppp) “Termination” means, under section 654-16 (p)(2)(i) and section 654-16 (p)(2){ii), only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date than the retroactive date of the original policy. (qqqq) “Territory” means the United States Virgin Islands including St. Croix, St. Thomas, St. John, Water Island, and all associated islands and cays within the United States Virgin Islands waters as defined in section 2 (a) of the Revised Organic Act of the Virgin Islands. (rrr) “Territorial government” means the Government of the United States Virgin Islands. (ssss) “Third party liability” means either of the following: (1) in reference to bodily injury, third party liability is specific physical bodily injury approximately resulting from exposure, explosion, or fire caused by the presence of a release from a regulated UST system and is incurred by a person other than owner or operator, employees or agents of the landlord of an owner or operator; and (2) in reference to property damage, third party liability is actual physical damage or damage due to specific loss of normal use of property owned by a person other than either the owner or operator of an underground storage tank from which a release has occurred or Virgin Islands Rules and Regulations Page 17 UNDERGROUND STORAGE TANKS the landlord of an owner or operator of the underground storage tank from which a release has occurred. (ttt) ‘“Under-Dispenser Containment (“UDC”)” means containment underneath a dispenser that will prevent leaks from the dispenser from reaching soil or groundwater. Such containment must: (1) Be liquid-tight on its sides, bottom, and at any penetrations; (2) Be compatible with the substance conveyed by the piping; and (3) Allow for visual inspection and access to the components in the containment system and/or be monitored. (uuuu) “Underground area” means an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor. (vvvv) “Underground release” means any release below the ground surface. (wwww) “Underground storage tank (““UST”)” means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any of the following: (1) Farm or residential tank of 500 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) Heating oil tank used for consumptive use on the premises where the heating oil is stored; (3) Septic tank; (4) Pipeline facility including gathering lines regulated under Chapter 601 of Title 49 of the Code of Federal Regulations or which is an intrastate pipeline facility regulated under state laws, as provided in Chapter 601 of Title 49; (5) Surface impoundment, pit, pond, or lagoon; (6) Stormwater or wastewater collection system; (7) Flow-through process tank; Virgin Islands Rules and Regulations Page 18 UNDERGROUND STORAGE TANKS (8) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or (9) Storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor. The term “Underground Storage Tank,” for purposes of secondary containment requirements, does not include tank combinations or more than a single underground pipe connected to a tank. (xxxx) “Underground tank” means the same as “underground storage tank” for purposes of secondary containment except that such term does not include underground piping. (yyyy) “Upgrade” means the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product. (zzzz) “UST system or Tank system” means an underground storage tank, connected piping, underground ancillary equipment, and containment system, if any. (aaaaa) “Wastewater treatment tank” means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods. (bbbbb) “Wellhead Protection Area” means the surface and subsurface area surrounding a water well or wellfield supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield. For the purposes of these regulations, the extent of a wellhead protection area necessary to provide protection from contaminants which may have any adverse effect on the health of persons is to be determined by the Department. 654-2. Registration of Underground Storage Tanks; Renewal; Fees (a) Registration and notice. Any person who owns and operates or intends to install an underground storage tank system or facility shall register each tank with or provide notice to the Department on forms provided by the Department and consistent with the following provisions: (1) Any person who owns or operates an UST system that commenced use on or before the effective date of this chapter shall register each tank with the Department no later than 60 days following the effective date of this chapter. (2) Any person who intends to install an UST system after the effective date of this chapter shall register each tank with the Department 45 days before the date of installation. A certification by the installer consistent with subparagraph (a)(9) of Virgin Islands Rules and Regulations Page 19 UNDERGROUND STORAGE TANKS this section shall be filed with the Department within 10 days of completion of installation. (3) Any person that owned or operated an underground storage tank that was removed from the ground on or after May 8, 1986, or any owner or operator of an abandoned or non-operational UST system shall provide notice of each tank within 90 days of the effective date of this chapter on forms provided by the Department. (4) Any owner or operator of an UST system who closes a tank system under section 654-9 of these regulations, temporarily or permanently, shall within 30 days of completing such action, submit notice of this action to the Department. (5) All owners and operators of UST systems who install a method of release detection under section 654-14 of these regulations shall, within 30 days of completing such action, submit notice of this action to the Department. (6) All registrants for existing or future UST systems shall ensure that the UST system meets the general operating requirements and reporting and recordkeeping requirements as described in sections 654-8 and 654-20 of these regulations as amended, (7) Owners may register or provide notice regarding several tanks using one registration or notice form, but owners who own tanks located at more than one place of operation must file a separate registration form for each separate place of operation. (8) An owner required to submit registration or notice under this section shall provide all the information required by the forms provided by the Department for each tank for which registration or notice is submitted. (9) All owners and operators of new UST systems must certify compliance with the following requirements: (i) Installation of tanks and piping under section 654-5 of these regulations; (ii) | Cathodic protection of steel tanks and piping under section 654-5 of these regulations; (iii) | Financial responsibility under section 654-16 of these regulations; and (iv) Release detection under section 654-14 of these regulations. (10) All owners and operators of UST systems must ensure that whomever performs the following activities on the UST system certifies that the methods used to perform the work on the tanks, piping, and/or secondary containment measures comply with the requirements of section 654-5 of these regulations: (i) Installations; (ii) Testing; (iii) | Upgrades; (iv) Closures; (v) Removals; and (vi) Change-in-service. (11) Any person who sells a tank intended to be used as an underground storage tank must notify the purchaser of such tank of the owner’s registration/notification obligations under paragraph (a) of this section. (12) An owner or operator of an UST system that is (i) in the ground on or after May 8, 1986; and Virgin Islands Rules and Regulations Page 20 UNDERGROUND STORAGE TANKS (ii) not taken out of operational life on or before January 1, 1974; shall notify the Department of the service status of the UST system under 42 U.S.C. 6991la of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., in effect on September 30, 1996, on a form provided by the agency for this notice. (b) Renewal. The Department requires renewal of underground storage tank registrations. (1) Each registration for existing or planned UST systems will be valid for the time periods specified below, depending upon the type of registration. Each registration shall clearly indicate its expiration date. (2) Completed applications for renewal of registration must be submitted at least 30 days prior to the registration’s expiration date. (3) Notwithstanding any registration’s expiration date, an owner or operator must update and renew his registration pursuant to section 654-2 of these regulations if any significant construction, upgrading, replacement, restoration, change-in-service, closure, or removal work is done on the UST system. (4) Registration durations are as follows: Registration Duration Own/Operate 2 years Construct/Upgrade 1 year Close/Remove 1 year (c) Fees. The Department will establish and collect reasonable fees in amounts sufficient to cover the cost of processing registration applications and renewals. (1} The Department may modify the fee schedule at any time. (2) Registration and registration renewal fees may vary according to the type of registration sought or notice provided. (3) The Department will make fee information available to the public via the Department’s website and upon request. (4) Registration and registration renewal fees are due at the time registration forms are submitted to the Department. (5) All fees collected under this subsection shall be deposited into the Virgin Islands Underground Storage Tank Revolving Trust Impress Account in accordance with section 654-31 of these regulations. (d) Penalties. Any person who knowingly submits false information shall be subject to available criminal penalties. Any person who fails to submit a required registration or notice form shall be subject to available civil penalties. Virgin Islands Rules and Regulations Page 21 UNDERGROUND STORAGE TANKS 654-3. Non-Transfer of Registration; Notice of Change of Registration Information (a) An underground storage tank registration issued by the Department is not transferable. (b) The owner or operator of an underground storage tank system shall notify the Department of any change in ownership of either the tank or the property upon which the tank is located within 30 days after the date of completing the property transfer. This notification requirement will be satisfied if the new owner or operator must update its registration form under section 654-2 of these regulations. The Department shall issue the new owner or operator a new registration consistent with the changes specified in the completed form. (c) To ensure information in possession of the Department is current, the owner or operator of an underground storage tank shall submit notice to the Department on a form provided by the Department of any modification of any information submitted to the Department pursuant to the registration or registration renewal process within 30 days of any modification occurring. (d) The modifications referred to in subsection (c) of this section include the following: (1) installation, removal, or disabling of a monitoring system; (2) substantial changes to or replacement of connected piping or ancillary equipment; (3) a change in the type of regulated substance stored in the underground storage tank. (e) With respect to a change of ownership, the former owner must file a notice with the Department advising the Department of the change within 30 days of the date of closing. 654-4. Placement of New UST System (a) All UST systems installed after the effective date of this chapter shall be located a distance not less than 100 feet from a public water system or beneficial source of groundwater. When determining whether a UST system is within 100 feet from a public water system or beneficial source of groundwater, at a minimum, the owner or operator should measure the distance from the closest part of the new or replaced underground tank or piping or new motor fuel dispenser system to: (1) The closest part of the nearest existing community water system, including such components as: (i) The location of wellheads for groundwater; (ii) The location of intake points for surface water; (iii) | Water lines, processing tanks, and water storage tanks; (iv) Water distribution/service lines under the control of the community water system operator. (2) The wellhead of the nearest existing water well unless such well has been intended to be used exclusively for monitoring contamination; (3) The location of wellhead protection areas; (4) Locations of water sources such as natural springs and surface waters; (5) Locations of former sources of drinking water that could be reactivated in times of emergency; (6) Foreseeable future sources of drinking water; Virgin Istands Rules and Regulations Page 22 UNDERGROUND STORAGE TANKS (7) Planned locations for new community water systems and new potable drinking water wells; (8) Locations of groundwater with total dissolved solids (“TDS”) less than 35,000 ppm. (b) In areas where the groundwater level is less than six feet from the bottom of excavation for the installation of any UST system, a sheet of impermeable material shall be installed around the perimeter of the excavation. (c) All underground storage tanks installed in areas of occasional high water tables shall be properly secured to prevent the tank from floating. (d) An underground storage tank may not be installed below the water level of the area. 654-5. Performance Standards for New UST Systems; Permits In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements: (a) Tanks. Each tank, whether of single or double-walled construction, must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified in paragraphs (a)(1) through (a)(3) of this section. In addition, all new or replaced tanks where installation began after the effective date of these regulations must be secondarily contained in accordance with section 654-5(c) and use interstitial monitoring in accordance with section 654-14(d)(6) (1) The tank is constructed of one of the following: (i) _ fiberglass-reinforced plastic; or Note to paragraph (a)(1)(i): The following codes of practice may be used to comply with paragraph (a){1) of this section: (A) Underwriters Laboratories Standard 1316, ‘“Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures”; or (B) Underwriters Laboratories of Canada S615, “Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids.” (ii) Steel and cathodically protected in the following manner: (A) The tank is coated with a suitable dielectric material; (B) Field-installed cathodic protection systems are designed by a corrosion expert; (C) Impressed current systems are designed to allow determination of current operating status as required in section 654-8(b)(3); and Virgin Islands Rules and Regulations Page 23 UNDERGROUND STORAGE TANKS (D)Cathodic protection systems are operated and maintained in accordance with section 654-8(b) or according to guidelines established by the Department; or Note to paragraph (a)(1)(ii): The following codes of practice may be used to comply with paragraph (a)(2) of this section: (A) Steel Tank Institute Specification for sti-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks”; (B) Underwriters Laboratories Standard 1746, “Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks”; (C) Underwriters Laboratories of Canada S603, “Standard for Steel Underground Tanks for Flammabie and Combustible Liquids,” and $603.1, “Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids,” and $631, “Standard for Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems”; (D) Steel Tank Institute Standard F841, “Standard for Dual Wall Underground Steel Storage Tanks”; or (E) NACE International Standard Practice SP0285, “External Corrosion Control on Metallic Buried, Partially Buried, or Submerged Liquid Underground Storage Systems by Cathodic Protection,” and Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids.” (iii) | Steel and clad or jacketed with a non-corrodible material; or Note to paragraph (a)(1)(iii): The following codes of practice may be used to comply with paragraph (a)(1)(iii) of this section: (A) Underwriters Laboratories Standard 1746, “Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks”; (B) Steel Tank Institute Specification F894, "ACT-100® “Specification for External Corrosion Protection of FRP Composite Steel USTs”; (C) Steel Tank Institute Specification F961, “ACT-100-U® “Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks”; or (D) Stee! Tank Institute Specification F922, “Steel Tank Institute Specification for Permatank®”. Virgin Islands Rules and Regulations Page 24 UNDERGROUND STORAGE TANKS (iv) | Metal without additional corrosion protection measures provided that: (A) The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life; and (B) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (a){1)(iv) for the remaining life of the tank; or (v) The tank construction and corrosion protection are determined by the Department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraph (a)(1) of this section. (2) The tank must be constructed such that it will prevent releases due to corrosion, structural failure, or manufacturing defects for the operational life of the tank. (3) The material used in the construction or lining of the tank is compatible with the substance to be stored; Note to paragraph (a)(3): The following codes of practice may be used to comply with paragraph (a)(3) of this section: (A) Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids”; (B) Underwriters Laboratories Standard 1316, “Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures”; (C) Underwriters Laboratories Standard 1746, “Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks”; (D) Steel Tank Institute Standard F841, “Standard for Dual Wall Underground Steel Storage Tanks”; or (E) Steel Tank Institute Specification F922, “Steel Tank Institute Specification for Permatank®”. (b) Piping. The piping that routinely contains regulated substances and is in contact with the ground must be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified in paragraphs (b)(1) through (b)(4) of this section. In addition, except for suction piping that meets the requirements of 654- 14(b)(2)(ii)(A) through (E) and piping associated with field-constructed tanks and airport hydrant fuel distribution systems, all new or replaced piping where installation began Virgin Islands Rules and Regulations Page 25 UNDERGROUND STORAGE TANKS after the effective date of these regulations must be secondarily contained in accordance with section 654-5(c) and use interstitial monitoring in accordance with section 654- 14(d)(6). The entire piping run must be replaced when 50 percent or more of a piping run is replaced. (1) The piping is constructed of a non-corrodible material; or Note to paragraph (b)(1): The following codes of practice may be used to comply with paragraph (b)(1) of this section: (A) Underwriters Laboratories Standard 971, “Standard for Non-Metallic Underground Piping for Flammable Liquids”; or (B) Underwriters Laboratories of Canada Standard S660, “Standard for Non-Metallic 3999 Underground Piping for Flammable and Combustible Liquids”. (2) The piping is constructed of steel and cathodically protected in the following manner: (i) | The piping is coated with a suitable dielectric material; (ii) Field-installed cathodic protection systems are designed by a corrosion expert; (iii) Impressed current systems are designed to allow determination of current operating status as required in section 654-8(b)(3); and (iv) | Cathodic protection systems are operated and maintained in accordance with section 654-8(b) or guidelines established by the Department; or (3) The piping must be constructed such that it will prevent releases due to corrosion, structural failure, or manufacturing defects for the operational life of the piping. (4) The material used in the construction or lining of the piping is compatible with the substance to be stored; Note to paragraph (b)(2): The following codes may be used to comply with paragraph (b)(2) of this section: (A) American Petroleum Institute Recommended Practice 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems”; (B) Underwriters Laboratories Subject 971A, “Outline of Investigation for Metallic Underground Fuel Pipe”; (C) Steel Tank Institute Recommended Practice R892, “Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Petroleum Storage and Dispensing Systems”; (D) NACE International Standard Practice SP-01-69, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; or Virgin Islands Rules and Regulations Page 26 UNDERGROUND STORAGE TANKS (E) NACE International Standard Practice SP0285, “Corrosion Control of Underground Storage Systems by Cathodic Protection”. (5) The piping is constructed of metal without additional corrosion protection measures provided that: (i) The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life; and (ii) | Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (b)(5)(i) of this section for the remaining life of the piping; or (6) The piping construction and corrosion protection are determined by the Department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in paragraphs (b) (1) through (3) of this section. Note to paragraph (b)(5): The following codes of practice may be used to comply with paragraph (b)(5) of this section: (A) Underwriters Laboratories Standard 971, “Standard for Non-Metallic Underground Piping for Flammable Liquids”; or (B) Underwriters Laboratories Subject 971A, “Outline of Investigation for Metallic Underground Fuel Pipe”. (c) Secondary containment. In order to protect groundwater resources from contamination, all underground storage tanks and all connected piping installed or replaced after the effective date of these regulations must be equipped with secondary containment in accordance with this section and use interstitial monitoring in accordance with section 654-14(d)(6). (1) The term “secondarily contained” means a release detection and prevention system that meets the requirements of section 654-14(d)(6), but shall not include under- dispenser spill containment control systems. (2) The newly installed or replaced underground storage tank or piping, and secondary containment must meet the following standards: (i) Can contain regulated substances released from the tank system until the regulated substance can be detected and removed; (ii) Prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system; and (iii) | Be monitored for evidence of a release by: (A) being monitored for releases at least every 30 days; and (B) pressure testing upon installation, again six months after installation, and every 36 months thereafter. Virgin Islands Rules and Regulations Page 27 UNDERGROUND STORAGE TANKS (iv) Newly installed or replaced underground storage tanks must contain one of the following secondary containment systems: (A)A double-walled tank with a monitoring device that: l. 2. ve) must be located in the interstitial space between the walls; is installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition; and can detect a release from the inner wall in any portion of the tank that routinely contains product as required by 654-14(d)(6). (B) A secondary barrier system within the excavation zone with a sampling or testing method that can detect a release between the UST system and the secondary barrier by meeting each of the following requirements: 1. Loe) ii. ili. iv. The secondary barrier around the underground storage tank consists of artificially constructed material that is sufficiently thick and impermeable (no more than | x 10° centimeters per second for water) to direct a release to an observation well and allow its detection. The barrier is compatible with the regulated substance stored so that a release from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected. For cathodically protected tanks, the secondary barrier must be installed so that the secondary barrier does not interfere with the proper operation of the cathodic protection system. The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days. The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain unless the barrier and observation well designs are for use under such conditions. For a single-walled tank, an observation well that meets the following requirements must be located in the excavation zone of the tank: The observation well must be clearly marked and secured to prevent damage and unauthorized access and tampering. The slotted portion of the observation well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the accumulated water into the well under both high and low water conditions. The observation well must be sealed from the ground surface to the top of the filter pack. The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth of an inch of free product on top of the accumulated water in the observation well. At least one observation well must be placed downgradient of the underground storage tank or at the lowest point of the underground storage tank excavation zone. Virgin Islands Rules and Regulations Page 28 UNDERGROUND STORAGE TANKS 7. The observation well must be monitored at least one time every 30 days for a release. 8. The secondary barrier system is installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition. (C) Other methods approved by the Department for secondary containment that provide substantially equal environmental protection. (d) Spill and overfill prevention equipment. (1) Except as provided in paragraph (d)(2) of this section. to prevent spilling and overfilling associated with product transfer to the new UST system, owners and operators must use the following spill and overfill prevention equipment: (i) The following spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe: (A)Minimum five gallon spill catchment basin, spill bucket, or other spill containment device with drain to tank; or (B) Minimum 25 gallon spill catchment basin, spill bucket, or other spill containment device without drain to tank; and (ii) Overfill prevention equipment that accomplishes one of the following: (A) Automatically shut off flow into the tank when the tank is no more than 95% full; or (B) Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm; or (C) Restrict flow 30 minutes prior to overfilling, alert the transfer operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling. (2) Owners and operators are not required to use the spill and overfill prevention equipment specified in paragraph (d)(1) of this section if one of the following is completed: (i) Alternative equipment is used that is determined by the Commissioner to be not less protective of human health and the environment than the equipment specified in section 654-5(d)(1). (ii) | The UST system is filled by transfers of no more than 25 gallons at one time. (e) Under-dispenser spill containment. Under-dispenser spill containment is required for any of the following: (1) Any new motor fuel dispenser installed at a new underground storage tank facility; (2) Any new motor fuel dispenser installed at a new location at an existing underground storage tank facility. (3) Any replaced motor fuel dispenser installed at an existing underground storage tank facility where the replaced piping or equipment is added to the underground storage tank system to connect the replaced dispenser to the existing system. Virgin Islands Rules and Regulations Page 29 UNDERGROUND STORAGE TANKS (f) Installation. The UST system must be properly installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and in accordance with the manufacturer’s instructions. An owner or operator must demonstrate compliance with this paragraph by providing a certification of compliance on the UST registration form in accordance with section 654-2 of these regulations. NOTE: Tank and piping system installation practices and procedures described in the following codes may be used to comply with the requirements of paragraph (f) of this section: (i) American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”; or (ii) Petroleum Equipment Institute Publication RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”; or (iii) American National Standards Institute Standard B31.3, “Petroleum Refinery Piping,” and American National Standards Institute Standard B31.4 “Liquid Petroleum Transportation Piping System.” (g) Certification of installation. Alt owners and operators must ensure that their installation has been performed by an installer that satisfies the certification, testing, or inspection requirements of the Department. Owners and operators must certify on their registration forms that all work performed on their UST systems satisfies at least one of the certification, testing, or inspection requirements below: (1) The installer has been certified or licensed by another state or territory; (2) The installer has been certified by the tank and piping manufacturers; (3) The installation has been certified by a registered professional engineer with education and experience in underground storage tank system installation; (4) The installation has been inspected and approved by the Department; or (5) The installation, which is an alternative method for ensuring compliance, is determined by the Commissioner to be not less protective of human health and the environment. (h) Permits for new USTs. (1) It is unlawful for an owner or operator to use or operate an underground storage tank system that is installed after the effective date of these regulations without first having obtained a permit issued by the Department. (2) A permit to use or operate an UST system will not be issued unless the tank, piping, and spill and overfill prevention equipment have been properly installed according to the guidelines specified in paragraphs (a) through (f) of this section and approved by the Department. The requirements specified in this subsection do not affect the necessity to comply with any other applicable provisions of the Virgin Islands Code, . Virgin Islands Rules and Regulations Page 30 UNDERGROUND STORAGE TANKS or rules and regulations promulgated thereunder, including the provisions of the Fire Prevention Code set forth in chapter 9 of title 23. 654-6. Existing UST System; Upgrade Requirements; Permits (a) Alternatives allowed. All existing UST systems must comply with one of the following requirements and may not be operated without having been issued a permit by the Commissioner indicating compliance with: (1) New UST system performance standards pursuant to the provisions of section 654-5 of this chapter; (2) Tank upgrading requirements as specified by this section, of which continued operation of the UST system shall be subject to the issuance of a permit by the Commissioner; or (3) Closure and corrective action requirements as provided by this chapter. (b) Tank upgrading requirements. A steel tank must be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory. (1) Cathodic protection. A tank may be upgraded by cathodic protection if the cathodic protection system meets the requirements of section 654-5 (a)(2) and the integrity of the tank is ensured using one of the following methods: (i) The tank is internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes prior to installing the cathodic protection system; or (ii) The tank has been installed for less than 10 years and is monitored monthly for releases in accordance with section 654-14 (d) (methods of release detection for tanks); or (iii) The tank has been installed for less than 10 years and is assessed for corrosion holes by conducting two tightness tests that meet the requirements of section 654-14 (d)(2). The first tightness test must be conducted prior to installing the cathodic protection system. The second tightness test must be conducted between three and six months following the first operation of the cathodic protection system; or (iv) The tank is assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than paragraphs (b)(1)(i)-(iii) of this section. NOTE: The following codes and standards may be used to comply with this section: (A) American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of Existing Stee] Underground Storage Tanks;” (A) National Leak Prevention Association Standard 631, “Spill Prevention, Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection;” Virgin Islands Rules and Regulations Page 31 UNDERGROUND STORAGE TANKS (B) NACE International Standard Practice SP0285, “External Corrosion Control on Metallic Buried, Partially Buried, or Submerged Liquid Underground Storage Systems by Cathodic Protection”; and (C) American Petroleum Institute Publication 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.” (2) A tank is upgraded by a method that is determined by the Department to be no less protective of human health and the environment than the methods specificd in paragraphs (1) and (2) of this section. (c) Piping and upgrading requirements. Metal piping that routinely contains regulated substances and is in contact with the ground must be cathodically protected in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory and must meet the requirements of section 654-5 (b)(2)(ii), (iti), and (iv). NOTE: The codes and standards listed in the note following section 654-5 (b)(2) may be used to comply with this requirement. (d) Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all existing UST systems must comply with new UST system spill and overfill prevention equipment requirements specified in section 654-5 (d). (e) Certification. The owner or operator shall demonstrate compliance with this section by providing a certification of compliance on the registration form provided by the Department. (f) Permits for existing USTs. (1) It is unlawful for an owner or operator to use or operate an underground storage tank system that does not satisfy one of the alternatives listed in section 654-6 (a) after the effective date of these regulations and without first having obtained a permit issucd by the Department. (2) A permit to use or operate an UST system will not be issued unless the tank, piping. and spill and overfill prevention equipment are in compliance with the provisions of paragraphs (a) through (d) of this section and approved by the Department. The requirements in this subsection do not affect the necessity to comply with any other applicable provisions of the Virgin Islands Code, or rules and regulations promulgated thereunder, including the provisions of the Fire Prevention Code sct forth in chapter 9 of title 23. 654-7. Permit Applications, Duration of Permits, and Fees (a) All permit applications shall be submitted on forms provided by the Department obtained from the address noted below and containing the information specified in (b) below. The information in the application shall be current, presented concisely, and supported by Virgin Islands Rules and Regulations Page 32 UNDERGROUND STORAGE TANKS appropriate references to technical and other written material or documents made available to the Department. Permit applications shall be signed, dated, and returned to The Department of Planning and Natural Resources Division of Environmental Protection 45 Mars Hill Frederiksted, VI 00840-4474 or The Department of Planning and Natural Resources Division of Environmental Protection 8100 Lindberg Bay, Suite 61 Cyril E. King Airport. Terminal Building 2nd Floor St. Thomas, VI 00802 (b) Permit to own/operate. Any owner or operator of an existing underground storage tank system that requires a Department issued permit shall certify the following: (1) The owner of the UST system; (2) The operator of the UST system; (3) General requirements for all UST systems are as follows: (i) The storage tank is properly registered and a new updated form provided by the Department must be submitted along with the application. (ii) Tank handling and inspection activities are performed by Department certified individuals, as specified in section 654-10 of these regulations. (iii) |The underground storage tank system is in compliance with applicable administrative, technical and operational requirements as specified in section 654-5 (relating to technical standards for UST’s) and section 654-13 (relating to tank integrity testing). (4) In addition to the requirements of paragraph (1) through (3) of this subsection, an owner of an underground storage tank system shall meet the applicable financial responsibility requirements of section 654-16. (c) Permit to construct/‘upgrade. Any owner or operator of an existing or proposed underground storage tank system that requires a permit shall: (1) Submit with the permit application copies of specifications of all equipment for the proposed installation and three copies of the plans for the proposed installation, modification, or upgrade of the underground storage tank system, signed and sealed by a professional engineer validly licensed, drawn to scale and depicting the top, front, and side views of the proposed or existing underground storage tank system. Plans submitted shall show all information and details necessary to indicate compliance with this chapter and shall include a certification in accordance with section 654-5 (g) and section 654-6 (e). Virgin Islands Rules and Regulations Page 33 UNDERGROUND STORAGE TANKS (2) Submit a copy of the scaled site diagram showing the size and location of all underground storage tank systems, all existing structures on the site, and distances from lot lines. (3) Submit information documenting soil permeability as required pursuant to section 654-14 (d). (4) Submit documentation of depth to ground water as required pursuant to section 657 of the Act. (5) Submit all corrosion system designs required pursuant to section 658 of the Act. (6) Submit a detailed description of the upgrade, installation, or repair to be performed. (7) Submit documentation demonstrating the precision of the performance of the release detection monitoring method chosen pursuant to section 654-14. (8) Submit a scaled site diagram that indicates the location of all sampling and monitoring points in relation to all underground storage tank systems at the facility. (9) Submit a certification signed by an installer certified by the Department pursuant to section 654-5, that the number and locations of all vapor or product monitoring points are sufficient to monitor the underground storage tank system should this method of monitoring be chosen. (10) Submit the presence of guts, wetlands, sensitive water bodies, or coast located near or adjacent to proposed site. (11) Submit the location and ownership of public or private groundwater supply wells within 100 feet of the proposed site for the installation of new UST systems. (d) Permit to close/remove. Any owner or operator who wishes to close permanently or to remove an cxisting UST or UST system pursuant to section 654-9 of these regulations shall first obtain a permit from the Department for such activity. (ce) Duration. Permits issued pursuant to this chapter shall be issued for a specified term, as prescribed by the Department, but such a permit may not be issued for more than five years. Each permit will clearly state when it expires. (1) Duration of permits will vary depending upon such factors deemed relevant by the Department, such as the type of regulated substance stored, the age of the UST system, the location of the UST system, etc. (2) Expiration of Permits. Upon expiration of a permit and reapplication by the owner or operator, the Department may issue a new permit following a review by the Department in accordance with this section. (3) Reapplication. Owners and opcrators secking to renew their permits must reapply for their permit at least 90 days prior to their current permit’s expiration. (f) Fees. The Department will establish and collect reasonable fees in amounts sufficient to cover the cost of processing permit applications, renewal of permits, and for the processing of late applications for permit renewal. (1) Fees will be established by the Department. The Department reserves the right to alter the fees at any time. (2) The Department will make fee information available to the public on its website and upon request. (g) Compliance with the permitting requirements in this section does not relieve a permittee from the obligation to comply with other Federal and local requirements. Virgin Islands Rules and Regulations Page 34 UNDERGROUND STORAGE TANKS 654-8. Operating Requirements for All UST Systems (a) Spill and overfill control. (1) Owners and operators must ensure that releases due 1o spilling or overfilling do not occur. (2) The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made. (3) The owner and operator must ensure that the transfer operation is monitored constantly to prevent overfilling and spilling. NOTE: The transfer procedures described in National Fire Protection Association Publication 385 may be used to comply with paragraph (a) of this section. Further guidance on spill and overfill prevention appears in American Petroleum Institute Publication 1621, “Recommended Practice for Bulk Liquid Stock Control at Retail Outlets,” and National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code.” (4) The owner and operator must report, investigate, and clean up any spills and overfills in accordance with section 654-15 (d) of these regulations. (5) Deliveries must be made through a drop tube that extends to within one foot of the tank bottom. (b) Operation and maintenance of corrosion protection. All owners and opcrators of stcel UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented for as long as the UST system is used to store regulated substances: (1) All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground. (2) All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements: (i) Frequency. All cathodic protection systems must be tested within six months of installation or repair and at least every three years thereafter or according to another reasonable time frame established by the implementing agency; and (11) | Inspection criteria. The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with a code of practice developed by a nationally recognized association. NOTE: NACE International Standard Practice SP0285, “External Corrosion Control on Metallic Buried, Partially Buried, or Submerged Liquid us a Virgin Islands Rules and Regulations Page UNDERGROUND STORAGE TANKS Underground Storage Systems by Cathodic Protection,” may be used to comply with paragraph (2)(i1) of this section. (3) UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly. (4) For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with section 654-20 of these regulations) to demonstrate compliance with the performance standards in this section. These records must provide the following: (i) The results of the last three inspections required in paragraph (3) of this subsection; and (ii) The results of testing from the last two inspections required in paragraph (2) of this subsection. (c) Compatibility. (1) Owners and operators must use an UST system made of or lincd with materials that are compatible with the substance stored in the UST system. (2) Owners and operators storing any regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance identified by the Department, must use one or more of the following methods to demonstrate UST system compatibility with these regulated substances: (i) Certification or listing of UST system components by a nationally recognized. independent testing laboratory for use with the regulated substance stored; (ii) | Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the component is compatible with, and be from the equipment or component manufacturer; or (iii) | Another method determined by the Department to be no less protective of human health and the environment than the methods listed in paragraphs (2)(i) or (2)(ii) of this section. (3) Owners and operators must maintain the following records (in accordance with section 654-20) for the life of the equipment or componcnt: (i) Documentation of compliance with paragraph (2) of this section, as applicable; and (ii) Records of all equipment or components installed or replaced after the effective date of these regulations. At a minimum, each record must include the date of installation or replacement, manufacturer, and model. (d) Repairs allowed. Owners and operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements: (1) Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory. Virgin Islands Rules and Regulations Page 36 UNDERGROUND STORAGE TANKS NOTE: The following codes and standards may be used to comply with paragraph (1) of this section: National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code;” American Petroleum Institute Publication 2200. “Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines;” American Petroleum Institute Publication 1631, “Recommended Practice for the Interior Lining of Existing Steel Underground Storage Tanks;” and National Leak Prevention Association Standard 631, “Spill Prevention, Minimum 10 Year Life Lixtension of Existing Steel Underground Tanks by Lining Without the Addition of Cathodic Protection.” (2) Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer’s authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory. (3) Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. Fiberglass pipes and fittings may be repaired in accordance with the manufacturer’s specifications. (4) Repaired tanks and piping must be tightness tested in accordance with section 654-14 (d)(2) and section 654-14 (e)(2) within 30 days following the date of the completion of the repair except as provided in paragraphs (4)(i) through (4)(iii) of this section: (i) The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory; or (ii) The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in section 654-14 (d) 654-14(c); or (iii) | Another test method is used that is determined by the Department to be no Iess protective of human health and the environment than those listed above. (5) Within six months following the repair of any cathodically protected UST systcm., the cathodic protection system must be tested in accordance with section 654-8 (b)(2) and (3) to ensure that it is operating properly. (6) UST system owners and operators must maintain records of each repair for the remaining operating life of the UST system that demonstrate compliance with the requirements of this section. (7) The owner and operator shall demonstrate compliance with this section by providing a certification of compliance on the registration form under section 654-2 of these regulations. 654-9, Non-Operational Underground Storage Tanks; Tank Closure (a) Temporary closure. (1) When an UST system is temporarily closed, owners and operators must continuc operation and maintenance of corrosion protection and release detection in accordance with sections 654-8(b) and 654-14 of these regulations. Virgin Islands Rules and Regulations Page 37 UNDERGROUND STORAGE TANKS (i) |The owner and operator must comply with the requirements of sections 654- 15 and 654-17 of these regulations if a release is suspected or confirmed. (ii) | Release detection is not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residuc, or 0.3 percent by weight of the total capacity of the UST system, remain in the system. (2) When an UST system is temporarily closed for three months or more, owners and operators must also comply with the following requirements: (i) Notify the Commissioner within 30 days before the temporary closure for three months; (ti) | Leave vent lines open and functioning; and (iii) | Cap and secure all other lines, pumps, man ways, and ancillary equipment. (3) An owner or operator must permanently closc an UST system that has been temporarily closed for more than a 12-month period, unless the owner or operator certifies that the UST system meets the following requirements: (i) |The UST system must meet the performance standards for new UST systems found in section 654-5 of these regulations; or (ii) The UST system must meet the upgrading requirements found in section 654- 6 of these regulations, except that the spill and overfill equipment requirements do not have to be met. (4) An owner or operator that fails to meet the requirements described in paragraph 3 above must permanently close a substandard UST system at the end of the 12-month period, unless the Commissioner grants an extension of the 12-month, temporary closure period. An owner or operator shall conduct a site assessment in accordance with section 654-9(c) of these regulations before the Commissioner may consider an application for such an extension. (5) An owner or operator shal] demonstrate compliance with this section by providing a certification of compliance on the registration form under section 654-2 of these regulations. (b) Permanent closure. (1) At least 45 days before beginning either permanent closure or a change-in-service under paragraphs 2 and 3 of this subsection, an owner or operator shall obtain a permit to close permanently or make the change in service from the Department. unless such action is in response to corrective action. The owner or opcrator shall perform the required assessment of the excavation zone after notifying the Commissioner but before completion of the permanent closure or a change-in-servicc. The site assessment shall be in accordance with section 654-9(c) of these regulations. (2) To close a tank permanently, an owner or operator shall empty and clean the tank by removing all liquids and accumulated sludges. All tanks taken out of service permanently must be either removed from the ground or filled with an inert, solid material. (3) Continued use of an UST system to store a non-regulated substance is considered a change-in-service. Before a change-in-service, an owner or operator shall empty and Virgin Islands Rules and Regulations Page 38 UNDERGROUND STORAGE TANKS clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with sections 654-9(c) and 654-3(d)(3) of these regulations. NOTE: The following cleaning and closure procedures may be used to comply with this section: (A) American Petroleum Institute Recommended Practice 1604, “Removal and Disposal of Used Underground Petroleum Storage Tanks;” (B) American Petroleum Institute Publication 2015, “Cleaning Petroleum Storage Tanks;” (C) American Petroleum Institute Recommended Practice 1631, “Interior Lining of Underground Storage Tanks;” and (C) The National Institute for Occupational Safety and Health “Criteria for a Recommended Standard * * * Working in Confined Space” may be used as guidance for conducting safe closure procedures at some hazardous substance tanks. (c) Assessing the site at closure or change-in-service. Before permanent closure or change- in-service is completed, an owner or operator shall measure for the presence of a release where contamination is most likely to be present at the UST site. (1) In selecting sample types, sample locations, and measurement methods, the owner or operator shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for detecting the presence of a release. (2) The requirements of this section are satisfied if one of the external release detection methods allowed in section 654-14 (d)(5) and (6) is operating in accordance with the requirements in Section 654-14 (d) at the time of closure, and indicates no release has occurred. The requirements of this subsection shall be phased out within one ycar from the effective date of these regulations. (3) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under paragraph (c) of this section or by any other manner, the owner or operator shall begin corrective action under section 654-17 of these regulations. (d) Applicability to previously closed UST sysiems. When directed by the Department, the owner and operator of an UST system permanently closed before the effective date of these Regulations, must assess the excavation zone and close the UST system in accordance with this section if releases from the UST may, in the judgment of the Department, pose a current or potential threat to human health and the environment. Virgin Islands Rules and Regulations Page 39 UNDERGROUND STORAGE TANKS (e) The owner of real property on which an UST is located, except as otherwise provided. shall be responsible for performing the procedures for the temporary or permanent closure of an UST if: (1) The Department is unable to compel the owner or operator to initiate or complete tank closure; (2) The owner or operator is unknown or cannot be contacted or the underground storage tank is considered by the Department to be abandoned or; (3) The real property owner refuses to allow access to the tank for purposes of tank closure by the owner or operator. (f) Closure records. The owner or operator of an UST shail maintain all records in accordance with sections 654-9(c) and 654-20 to demonstrate compliance with tank closure requirements under this section. An owner or operator shall retain the results of the excavation zone assessment for at least three years after completion of the permanent closure or change-in-service in onc of the following ways: (1) By the owner or operator who took the UST system out of service; (2) By the current owners and operators of the UST system site; or (3) By mailing these records to the Department of Planning and Natural Resources. Division of Environmental Protection at the following address, if they cannot be maintained at the closed facility: The Department of Planning and Natural Resources Division of Environmental Protection 45 Mars Hill Frederiksted, VI 00840-4474 or The Department of Planning and Natural Resources Division of Environmental Protection 8100 Lindberg Bay, Suite 61 Cyril E. King Airport, Terminal Building 2™ Floor St. Thomas, VI 00802 (g) Issuance of No Further Action letters. The Department shall issue No Further Action letters to the owners and operators of an UST system upon having reviewed reports, records and analytical data associated with the standards outlined in this section. The No Further Action letters shall be issued upon the Department’s determination that the reports, records and analytical data mect Department standards for the temporary or permanent closure of an UST system on a property, as those standards are described in section 654-34. Virgin Islands Rules and Regulations Page 40 UNDERGROUND STORAGE TANKS 654-10. Installer Certification; Renewal or Re-Certification; Reciprocity (a) Section 654-5 of these regulations imposes certification requirements for installation of new UST systems. This section applies those requirements to all persons who replace or add equipment to UST systems after the initial installation. (b) Certification. It is unlawful for any individual to design, install, retrofit, repair. maintain, conduct any type of tank testing or analysis, decommission, or temporarily or permanently close an UST system without complying with the certification, testing, or inspection requirements recognized by the Department. Owners and operators must certify on their registration forms that all work performed on their UST systems satisfies at least one of the certification, testing, or inspection requirements below: All work on the UST system was done by a certifted installer. For an installer to establish certification, the installer must meet one of the following requirements: (i) The installer has been certified or licensed by another state or territory; (ii) | The installer has been certified by the tank and piping manufacturers; (iii) | The installation has been certified by a registered professional engineer with education and experience in underground storage tank system installation; (iv) The installation has been inspected and approved by the Department; or (v) The installation, which is an alternative method for ensuring compliance, ts determined by the Commissioner to be not less protective of human health and the environment. (c) Re-certification. (1) Each installer certification shall expire after five years, after which the installer ts no longer considered certified by the Department. (2) The installer may apply to the Department for renewal of its certification at lcast 90 days prior to the certification’s expiration, so long as the installer’s certification has not been permanently revoked by the Department under section 654-11. (d) Reciprocity. (1) The Commissioner may waive all or part of the certification requirements on a reciprocal basis with any state or territory that has substantially the same standards. (2) The provisions in this section do not affect or alter the liability of any owner or operator of an underground storage tank system. Owners and opcrators must still comply with all applicable technical regulations. For example, they must comply with the requirements to report releases, perform necessary corrective action, and maintain financial responsibility to pay for corrective action and for compensation of third parties for bodily injury and property damage. Virgin Islands Rules and Regulations Page 4] UNDERGROUND STORAGE TANKS 654-11. Denial, Suspension, or Revocation of Installer Certification The Department may revoke a certification issued under section 654-5(g) or 654-10 at any time if the Department determines an installer has failed to comply with any aspect of these regulations. After a 24-month waiting period, the installer may reapply for certification. It will be within the Department’s discretion whether to approve recertification once a certification has been revoked. 654-12. Recording of UST in Land Records (a) If the owner of real property fails to comply with the provisions of this section. the Commissioner may record the required information. (b) For the purpose of placing future purchasers on notice, the owner of the property on which an underground storage tank is located shall record the existence and location of all underground storage tanks in the office of the Recorder of Deeds in the district where the UST is located. The following information must be recorded in a notice: 1. Description of the Legal Property 2. Description of the tank and piping on the property including but not limited to exact location, size, capacity, constructed material, product stored, size of excavation zonc, and type of leak detection method (s) in place. 3. The notice should be worded/formatted as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: NOTICE OF UNDERGROUND STORAGE TANK PLEASE TAKE NOTICE that [name of property owner, mailing address] is the owner of the following real property located on the island of [name of island], United States Virgin Islands: {Legal Property Description]. (“Property’’) The following described Underground Storage Tanks are located on the Property as indicated on the attached Property Plot Plan and Site Layout: Virgin Islands Rules and Regulations Page 42 UNDERGROUND STORAGE TANKS [describe tanks and piping on the Property, i.e. size, capacity, constructed material, stored product, size of pit area, any leak detection method(s) in place, ctc.| IN WITNESS WHEREOPF, this instrument is executed this [day] day of [month], [year]. WITNESS [NAME OF LAND OWNER] By SSS — [name of owner or authorized agent] ATTEST: [name] |officer’title] NOTICE OF UNDERGROUND STORAGE TANK [Date] Page 2 Virgin Islands Rules and Regulations Page 43 UNDERGROUND STORAGE TANKS ACKNOWLEDGMENT TERRITORY OF THE VIRGIN ISLANDS) DISTRICT OF [ISLAND] ) ss: ON THIS ___ day of _ , [year], before me, the undersigned officer. personally appeared [name of owner], known to me, or satisfactorily proven to be the person whose name is subscribed to the within instrument and said person acknowledged that he/she executed the same for the purposes therein contained and in said capacity. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public My commission expires: [Please attach property map with indicated tank location(s) and file with the Recorder of Deeds within the Lieutenant Governor’s Office. The Department of Planning and Natural Resources- Division of Environmental Protection needs a copy of the final filed and stamped Notice for its Virgin Islands Rules and Regulations Page 44 UNDERGROUND STORAGE TANKS records. It should be mailed to the Department at the following address within 30 days of being recorded: The Department of Planning and Natural Resources Division of Environmental Protection 45 Mars Hill Frederiksted, VI 00840-4474 or The Department of Planning and Natural Resources Division of Environmental Protection 8100 Lindberg Bay, Suite 61 Cyril E. King Airport, Terminal Building 2"? Floor St. Thomas, VI 00802 654-13. Tank Integrity Tests The Department may order the owner or operator of an UST system to perform a tank integrity test if: (a) There is reason to suspect that there is or has been a release of a regulated substance into the environment: (b) The age, operation, maintenance records, location or circumstance related to installation. or any other relevant factor so warrant the taking of this precaution to protect human health and the environment; (c) The tank integrity test is required by any provision of sections 654-1 through 654-35 of these regulations. 654-14. Release Detection (a) General requirements for all UST systems. (1) Owners and operators of new and existing UST systems must provide a method, or combination of methods, of release detection that: (i) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product; Virgin Islands Rules and Regulations Page 45 UNDERGROUND STORAGE TANKS (ii) Is installed, calibrated, operated, and maintained in accordance with the manufacturer’s instructions, including routine maintenance and service checks for operability or running condition; and (411) In addition, the methods listed in 654-14(d)(2) through (4) and (e)(1) and (2) must be capable of detecting the leak rate or quantity specified for that method in the corresponding section of the rule with a probability of detection (Pd) of 0.95 and a probability of false alarm (Pfa) of 0.05. (2) When a release detection method operated in accordance with the performance standards in subsections (d) and (e) of this section indicates a release may have occurred, owners and operators must notify the Department in accordance with section 654-15 of these regulations. (3) Owners and operators of all UST systems must comply with the release detection requirements of this subpart. (b) Requirements for petroleum UST systems. Owners and operators of petroleum UST systems must provide release detection for tanks and piping as follows: (1) Yanks. Tanks must be monitored at least every 30 days for releases using one of the methods listed in subsection (d)(4), (d)(6) and (d)(7) of this section except that: UST systems that mect the performance standards in sections 654-5 and 654-6 of these regulations, and the monthly inventory control requirements in subsection (d)(1) or (2) of this section, may use tank tightness testing (conducted in accordance with subsection (d)(3)) at least every five years until ten years after the tank is installed or upgraded under section 654-6; (2) Piping. Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets onc of the following requirements: (i) Pressurized Piping. (A) Be equipped with an automatic line leak detector conducted in accordance with subsection (e)(1) of this section; and (3) Have an annual line tightness test conducted in accordance with subsection (e)(2) of this section or have monthly monitoring conducted in accordance with subsection (e)(3) of this section. Virgin Islands Rules and Regulations Page 46 UNDERGROUND STORAGE TANKS (ii) Suction Piping. Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every 3 years and in accordance with subsection (e)(2) of this section, or use a monthly monitoring method conducted in accordance with subsection (c)(3) of this section. No release detection is required for suction piping that is designed and constructed to meet the following standards: (A) The below-grade piping operates at less than atmospheric pressure; (B) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released; (C) Only one check valve is included in each suction line; (D)The check valve is located directly below and as close as practical to the suction pump; and (E) A method is provided that allows compliance with paragraphs (2)(ii)(B)- (D) of this section to be readily determined. (c) Requirements for hazardous substance UST systems. Owners and operators of hazardous substance UST systems must provide release detection that meets the following requirements: (1) Release detection at existing UST systems must meet the requirements for petroleum UST systems in subsection (b) of this section. All existing hazardous substance UST systems must meet the release detection requirements for new systems in paragraph (2) of this subsection. (2) Release detection at new hazardous substance UST systems must mect the following requirements: (i) | Secondary containment systems must be designed, constructed, and installed to: (A)Contain regulated substances released from the tank system until they are detected and removed; (B) Prevent the release of regulated substances to the environment at any lime during the operational life of the UST system; and (C) Be checked for evidence of a release at least every 30 days. Virgin Islands Rules and Regulations Page 47 UNDERGROUND STORAGE TANKS NOTE: The provisions of 40 CFR § 265.193, Containment and Detection of Releases, may be used to comply with these requirements. (11) Double-walled tanks must be designed, constructed. and installed to: (A) Contain a release from any portion of the inner tank within the outer wall: and (B) Detect the failure of the inner wall. (iii) | External liners (including vaults) must be designed, constructed, and installed to: (A) Contain 100 percent of the capacity of the largest tank within its boundary; (B) Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances; and (C) Surround the tank completely (i.c., it is capable of preventing lateral as well as vertical migration of regulated substances). (iv) Underground piping must be equipped with secondary containment that satisfies the requirements of paragraph (c)(2)(i) of this section (e.g., trench liners, jacketing of double-walled pipe). In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with subsection (c)(1) of this section. (v) | Other methods of release detection may be used if owners and operators: (A)Demonstrate to the Department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in subsection (d)(1) through (d)(6) of this section can detect a release of petroleum; (B) Provide information to the Department on effective corrective action technologies, health risks, and chemical and physical propertics of the stored substance, and the characteristics of the UST site; and, (C) Obtain approval from the Department to use the alternate release detection method before the installation and operation of the new UST system. Virgin Islands Rules and Regulations Page 48 UNDERGROUND STORAGE TANKS (d) Methods of release detection for tanks. Each method of release detection for tanks used to meet the requirements of subsection (b) of this section must be conducted in accordance with the following: (1) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0 percent of flow-through plus 130 gallons on a monthly basis in the following manner: (i) (ii) (iii) (iv) (v) (vi) Inventory volume measurements for regulated substance inputs. withdrawals. and the amount still remaining in the tank are recorded cach operating day; The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth of an inch; The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery; Deliveries are made through a drop tube that extends to within one foot of the tank bottom; Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of 6 cubic inches for every five gallons of product withdrawn; and The measurement of any water in the tank is made to the nearest one-cighth of an inch at least once a month. Note paragraph (1): Practices described in the American Petrolcum Institute Recommended Practice RP 1621, “Bulk Liquid Stock Control at retail Outlets” may be used, where applicable, as guidance in mecting the requirements of this paragraph. (2) Manual Tank Gauging. Manual tank gauging must mect the following requirements: (i) Only tanks of 550 gallons or less nominal capacity may use this as the sole method of release detection. Tanks of 551 to 2,000 gallons may use this method in place of manual inventory control in subsection (d)(1) of this section. Tanks of greater than 2,000 gallons nominal capacity may not usc this method to meet the requirements of this section. Virgin Islands Rules and Regulations Page 49 UNDERGROUND STORAGE TANKS (ii) Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank; (iii) | Level measurements are based on an average of two consccutive stick readings at both the beginning and ending of the period; (iv) The equipment used is capable of measuring the level of product over the full range of the tank’s height to the nearest one-cighth of an inch: (v) 0 ) Fluorene 280 30 30 Indeno(1,2,3-cd) pyrene 0.05 .0028 .031 1-Methylnaphthalene 28 95 95 2- Methy!naphthalene 28 30 > ) 0 Naphthalene 14 26 26 Phenanthrene 210 .0028 O31 210 0.3 0.3 Pyrene OTHER ORGANICS: Benzene l 1.18 71.28 Ethylbenzene 700 610 610 Toluene 1000 480 480 10000 Xylenes, total 370 > 370 ° 1,2-Dibromocthane (IED) 0.02 l 2) l ) 1,2-Dichloroethane (EDC) 3 5 Pj 7 Pp) ° 7 Methyl Tertiary Butyl Ether 13! 13! 34000 (MTBE) Diisopropyl Ether (DIPE) SF RR Tertiary Buty] Alcohol (TBA) 50! Ethanol 10000 NA NA TRPHs 5000 5000 5000 INORGANICS: Arsenic 10 10 50 Cadmium 5 a6 8.8 Chromium 100 1] 50 Virgin Islands Rules and Regulations Page 119 UNDERGROUND STORAGE TANKS Lead 15 of ak 85 Chloride 250,000! NA aK Sulfate 250,000! NA NA Total Dissolved Solids (TDS) 500,000! PHASE SEPARATED %* RK 2K PETROLEUM HYDROCARBONS * TDS<10,000 mg/L ** As provided in Chapter 62-302, F.A.C. *** No phase separated petroleum hydrocarbons shall be present. **** Not increased more than 10% above normal background. Normal daily and scasonal fluctuations shall be maintained. ***** NJ Standard ! Not Florida Standard. The standard is based upon a different state standard. 654-35. Public Record The Department shall comply with EPA’s “Grant Guidclincs to States for Implementing the Public Record Provision of the Energy Policy Act of 2005” or EPA’s most recent guidance regarding public record requirements for states and territories. Virgin Islands Rules and Regulations Page 120