N.H. Code Admin. R. Ann. Env-Or — Oil and Remediation Programs

Chapter Env-Or 300 Aboveground Petroleum Storage Facilities

Part Env-Or 301 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Or 301.01 Purpose {#sec-env-or-301.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 301.01}

The purpose of these rules is to prevent and minimize contamination of the land and waters of the state due to the improper storage and handling of oil as defined in RSA 146-A:2, III, which includes motor fuels, heating oils, lubricating oils, insulating oils, used oils, other petroleum products, and petroleum-contaminated liquids, by establishing criteria and procedures for the registration of aboveground oil storage facilities and standards for the design, installation, operation, maintenance, and monitoring of such facilities.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 301.02 Applicability {#sec-env-or-301.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 301.02}

(a) Subject to (b) and (c), below, and the exemptions in Env-Or 301.03, the rules in Env-Or 302 through Env-Or 308 and Env-Or 310 shall apply to the following aboveground oil storage facilities:

(1) Any facility having a single aboveground storage tank (AST) system with an oil storage capacity of more than 660 gallons that is used or intended for use in the storage, transfer, or distribution of oil; and

(2) Any facility having more than one AST system with a combined oil storage capacity of more than 1,320 gallons that is used or intended for use in the storage, transfer, or distribution of oil.

(b) The storage capacities of the systems, tanks, cargo trucks, and pipelines that are exempted under Env-Or 301.03 shall not be included when determining applicability under (a)(1) or (2), above.

(c) The rules in Env-Or 302, Env-Or 310, and the applicable rule identified in Env-Or 309.01 are the only rules in this chapter that shall apply to:

(1) Any AST system designed and used to store oil in the solid phase at atmospheric temperature and pressure;

(2) Any location where any oil-filled electrical equipment individually contains more than 660 gallons of oil;

(3) Any AST system with an oil storage capacity of more than 660 gallons but not more than 1,320 gallons that:

a. Is included in (a)(1), above, but not in (a)(2), above;

b. Is located at a construction site; and

c. Is installed and exists only for the specific duration of the construction contract for which it is used, not to exceed one year;

(4) Any AST having a capacity of not more than 330 gallons that:

a. Contains heating oil for on-premise heating only; and

b. Is at an AST facility that is included in (a), above; and

(5) Use of cargo trucks by industrial enterprises or the military.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 301.03 Exemptions {#sec-env-or-301.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 301.03}

The rules in Env-Or 300 shall not apply to the following:

(a) Any AST systems with a combined oil storage capacity of 1,320 gallons or less that contain heating oil used only for on-premise heating;

(b) Any storage tank designed to contain any liquid that is gaseous at atmospheric temperature and pressure, provided the tank is not used to contain oil that is used or intended for use in the storage, transfer, or distribution of oil;

(c) Any flow-through process system that is integral to the operation of equipment, such as manufacturing process equipment, elevators, trash compactors, and vehicle lifts, through which there is a steady, variable, recurring, or intermittent flow of oil during the operation of the equipment, exclusive of any tank or tank system used for the storage of oil prior to the introduction of the oil into the production process or equipment or for the storage of finished products or by-products that contain oil;

(d) Oil-transmission pipelines subject to the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979;

(e) Any stormwater or wastewater collection, treatment, or discharge system;

(f) Any oil storage system that is subject to RSA 146-C and Env-Or 400 relative to underground storage tank facilities;

(g) Any storage tank that is regulated under the Atomic Energy Act of 1954 because it contains radioactive material;

(h) Any tank that is used in any emergency spill or overflow containment system, provided the tank is emptied at or otherwise taken to a facility that is legally authorized to receive such oil within 48 hours after the emergency use has ended;

(i) Any non-stationary equipment that contains oil for operational purposes; and

(j) Any cargo truck engaged in transporting oil from one facility to another that is required to meet applicable requirements of the United States Department of Transportation and the New Hampshire department of safety.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 302 Definitions

N.H. Code Admin. R. Ann. Env-Or 302.01 Aboveground Storage Tank (AST) {#sec-env-or-302.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.01}

“Aboveground Storage Tank (AST)” means a tank that is a component of an aboveground storage tank system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 302.02 AST facility {#sec-env-or-302.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.02}

“AST facility” means a facility having one or more AST systems that are subject to this chapter.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 302.03 AST operator {#sec-env-or-302.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.03}

“AST operator” means a person who has responsibility for the care, custody, and control of the daily operation of an AST facility. The term includes any entity that is under agreement with the owner to operate the facility and, where the context so requires, the individual who is on-site and immediately responsible for managing facility operations, including responding to alarms or other unusual operating conditions.

History

#14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 302.04 AST system {#sec-env-or-302.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.04}

“AST system” means an AST and all connected piping that is used or is intended to be used to store or dispense oil where 90 percent or more of the total volume of the system is:

(a) Above the surface of the ground; or

(b) Visible for inspection within an underground vault.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.03)

N.H. Code Admin. R. Ann. Env-Or 302.05 Calculated maximum safe fill height {#sec-env-or-302.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.05}

“Calculated maximum safe fill height” means the fill height corresponding to the rated capacity of a tank minus the volume that can be filled at the maximum possible system fill rate multiplied by the time it takes to completely stop product flow into the tank or 2 minutes, whichever is greater.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.04)

N.H. Code Admin. R. Ann. Env-Or 302.06 Cargo truck {#sec-env-or-302.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.06}

“Cargo truck” means any motor vehicle or towed trailer that is designed or used to transport oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.05)

N.H. Code Admin. R. Ann. Env-Or 302.07 Cathodic protection system {#sec-env-or-302.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.07}

“Cathodic protection system” means the totality of components used to reduce the corrosion of a metal surface by making that surface the cathode of an electrochemical cell, using either a sacrificial anode or impressed current system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.06)

N.H. Code Admin. R. Ann. Env-Or 302.08 Cathodic protection tester {#sec-env-or-302.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.08}

“Cathodic protection tester” means an individual who is certified by the Association for Materials Protection and Performance (“AMPP”), the Steel Tank Institute (“STI”), or the International Code Council as being qualified to evaluate the effectiveness of cathodic protection systems.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.07)

N.H. Code Admin. R. Ann. Env-Or 302.09 Certified AST inspector {#sec-env-or-302.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.09}

“Certified AST inspector” means:

(a) An individual who is certified by the American Petroleum Institute (“API”) or STI as qualified to conduct AST system inspections; or

(b) A New Hampshire-licensed professional engineer with knowledge of AST system inspection and testing procedures.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.08)

N.H. Code Admin. R. Ann. Env-Or 302.10 Certified tank installer {#sec-env-or-302.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.10}

“Certified tank installer” means an individual who is certified:

(a) By the International Code Council in “AST system installation/retrofitting;” and

(b) By the equipment manufacturer as being qualified in the installation of the manufacturer’s equipment or individual system components, as applicable.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.09)

N.H. Code Admin. R. Ann. Env-Or 302.11 Closure {#sec-env-or-302.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.11}

“Closure” means the process of permanently taking an AST or AST system out of service with the intent to not re-introduce oil to or otherwise use the AST for dispensing or storage of oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.10)

N.H. Code Admin. R. Ann. Env-Or 302.12 Combined oil storage capacity {#sec-env-or-302.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.12}

“Combined oil storage capacity” means the sum total of the capacity of each AST system at an AST facility that has a nominal oil storage capacity of 55 gallons or more that is used or intended for use in the storage, transfer, or distribution of oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.11)

N.H. Code Admin. R. Ann. Env-Or 302.13 Compatible {#sec-env-or-302.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.13}

“Compatible” means the ability of 2 or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the AST system in which they come in contact, under conditions likely to be encountered in the AST system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.12)

N.H. Code Admin. R. Ann. Env-Or 302.14 Connected piping {#sec-env-or-302.14 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.14}

“Connected piping” means the entirety of a piping system that is attached to a tank through which oil can flow.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.13)

N.H. Code Admin. R. Ann. Env-Or 302.15 Corrosion expert {#sec-env-or-302.15 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.15}

“Corrosion expert” means an individual who is:

(a) Accredited or certified by AMPP at the cathodic protection specialist level as a corrosion specialist or cathodic protection specialist; or

(b) A New Hampshire-licensed professional engineer with certification or licensing that includes education and experience in corrosion control on buried metal piping systems and metal tanks.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.14)

N.H. Code Admin. R. Ann. Env-Or 302.16 Department {#sec-env-or-302.16 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.16}

“Department” means the New Hampshire department of environmental services.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.15)

N.H. Code Admin. R. Ann. Env-Or 302.17 Discharge {#sec-env-or-302.17 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.17}

“Discharge” means “discharge” as defined in RSA 146-A:2, I-a, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.16)

N.H. Code Admin. R. Ann. Env-Or 302.18 Dispensing area {#sec-env-or-302.18 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.18}

“Dispensing area” means that portion of a motor fuel dispensing facility, adjacent to a dispenser, where motor fuel is transferred from an AST system to the fuel tank of the vehicle or container.

History

14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 302.19 Facility {#sec-env-or-302.19 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.19}

“Facility” means “facility” as defined in RSA 146-A:2, IX, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.17)

N.H. Code Admin. R. Ann. Env-Or 302.20 Field-erected AST {#sec-env-or-302.20 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.20}

“Field-erected AST” means an AST that is constructed by assembling tank components on-site at a facility.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.18)

N.H. Code Admin. R. Ann. Env-Or 302.21 Fittings {#sec-env-or-302.21 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.21}

“Fittings” means all components and materials used to connect pipes to each other or to a tank or dispenser, including but not limited to valves, elbows, joints, flanges, flexible connectors, gaskets, and sealants.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.19)

N.H. Code Admin. R. Ann. Env-Or 302.22 Floodway {#sec-env-or-302.22 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.22}

“Floodway” means “regulatory floodway” as defined in 44 CFR 59.1, as reprinted in Appendix D.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.20)

N.H. Code Admin. R. Ann. Env-Or 302.23 Heating oil {#sec-env-or-302.23 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.23}

“Heating oil” means oil that is:

(a) No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No. 6 technical grade of fuel oil;

(b) Any other residual fuel oil, such as Navy Special Fuel Oil and Bunker C; or

(c) Used engine, transmission, gear, or hydraulic oil that is burned for on-premise heating in compliance with Env-Hw 807.10.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.21)

N.H. Code Admin. R. Ann. Env-Or 302.24 Impermeable {#sec-env-or-302.24 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.24}

“Impermeable” means a characteristic of a material that prevents oil from moving through the material from one side to the other.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.22)

N.H. Code Admin. R. Ann. Env-Or 302.25 Impressed current system {#sec-env-or-302.25 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.25}

“Impressed current system” means a type of cathodic protection system that uses a power source called a rectifier connected to buried metal anodes that are connected to the metal being protected by a wire.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.23)

N.H. Code Admin. R. Ann. Env-Or 302.26 Leak monitoring system {#sec-env-or-302.26 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.26}

“Leak monitoring system” means all of the equipment installed to detect any escape of oil from an AST system before the oil can reach the ambient environment, including but not limited to sensors, consoles, and all associated connections.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.24)

N.H. Code Admin. R. Ann. Env-Or 302.27 Listed test method {#sec-env-or-302.27 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.27}

“Listed test method” means a test method that has been evaluated in accordance with a nationally approved protocol by an independent testing laboratory and demonstrated to meet the specified detection criteria at the specified probability of detection and probability of false alarm.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.25)

N.H. Code Admin. R. Ann. Env-Or 302.28 Monthly {#sec-env-or-302.28 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.28}

“Monthly” means once every calendar month, with at least one test or inspection, as applicable, occurring not sooner than 15 days after and not later than 45 days after:

(a) The date in the prior month on which the corresponding test or inspection occurred, if only one test or inspection, as applicable, occurred in the prior month; or

(b) The date in the prior month on which any corresponding test or inspection occurred, if an owner or AST operator performed the test or inspection more frequently than once in the prior calendar month.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.26)

N.H. Code Admin. R. Ann. Env-Or 302.29 Motor fuel {#sec-env-or-302.29 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.29}

“Motor fuel” means oil or an oil-based substance that can be used to power an engine. The term includes but is not limited to gasoline and reformulated gasoline, aviation gasoline, diesel fuel and diesel fuel blends such as bio-diesel, and jet or other aviation fuel.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.27)

N.H. Code Admin. R. Ann. Env-Or 302.30 Oil {#sec-env-or-302.30 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.30}

“Oil” means “oil”, as defined in RSA 146-A:2, III, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.28)

N.H. Code Admin. R. Ann. Env-Or 302.31 Oil-filled electrical equipment {#sec-env-or-302.31 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.31}

“Oil-filled electrical equipment” means devices that are used in the generation, transmission, or distribution of electrical power, such as transformers, oil circuit breakers, capacitors, and voltage regulators, and that contain oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.29)

N.H. Code Admin. R. Ann. Env-Or 302.32 On-premise heating {#sec-env-or-302.32 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.32}

“On-premise heating” means use only to heat the structures at the facility at which the AST system is located.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.30)

N.H. Code Admin. R. Ann. Env-Or 302.33 Operate {#sec-env-or-302.33 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.33}

“Operate” means to manage an AST system in which oil is or is intended to be stored.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.31)

N.H. Code Admin. R. Ann. Env-Or 302.34 Out of service {#sec-env-or-302.34 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.34}

“Out of service” means that an AST system or portion thereof is not in use but is intended to be returned to use. AST facilities and AST systems that are used periodically, such as for seasonal storage, surcharge storage, or standby storage, are not “out of service” even when they do not actually contain oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.33)

N.H. Code Admin. R. Ann. Env-Or 302.35 Owner {#sec-env-or-302.35 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.35}

“Owner” means the person having legal ownership of a facility.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.34)

N.H. Code Admin. R. Ann. Env-Or 302.36 Permeability {#sec-env-or-302.36 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.36}

“Permeability” means the ease with which oil can move through a material and is measured by the rate of flow in suitable units.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.35)

N.H. Code Admin. R. Ann. Env-Or 302.37 Person {#sec-env-or-302.37 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.37}

“Person” means “person” as defined in RSA 146-A:2, VI, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.36)

N.H. Code Admin. R. Ann. Env-Or 302.38 Pipe {#sec-env-or-302.38 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.38}

“Pipe” means an impermeable hollow cylinder or tubular conduit that conveys or transports liquids or vapors, or that is used for venting, filling, or removing liquids or vapors from a tank.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.37)

N.H. Code Admin. R. Ann. Env-Or 302.39 Piping system {#sec-env-or-302.39 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.39}

“Piping system” means pipes and all connected fittings, pumps, monitors, auxiliary tanks, and secondary containment associated with the conveying, venting, filling, or dispensing of oil or vapors in an AST or AST system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.38)

N.H. Code Admin. R. Ann. Env-Or 302.40 Public water system {#sec-env-or-302.40 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.40}

“Public water system” means “public water system” as defined in RSA 485:1-a, XV, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.39)

N.H. Code Admin. R. Ann. Env-Or 302.41 Qualified facility {#sec-env-or-302.41 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.41}

“Qualified facility” means “qualified facility” as defined in RSA 146-A:2, XIV, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.40)

N.H. Code Admin. R. Ann. Env-Or 302.42 Release detection {#sec-env-or-302.42 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.42}

“Release detection” means the process and equipment used to determine whether a release of oil has occurred.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.41)

N.H. Code Admin. R. Ann. Env-Or 302.43 Release prevention {#sec-env-or-302.43 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.43}

“Release prevention” means a program of routine, documented, visual inspections designed to identify the potential for a discharge of oil to the environment and the taking of subsequent action(s) to ensure a release does not occur.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.42)

N.H. Code Admin. R. Ann. Env-Or 302.44 Repair {#sec-env-or-302.44 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.44}

“Repair” means to restore a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other AST system component to its original design function.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.43)

N.H. Code Admin. R. Ann. Env-Or 302.45 Sacrificial anode system {#sec-env-or-302.45 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.45}

“Sacrificial anode system” means a type of cathodic protection system that uses an anode made of a metal having a lower electrochemical potential than that of the metal component being protected, that is buried in the ground close to the metal surface being protected and electrically connected to the surface being protected.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.44)

N.H. Code Admin. R. Ann. Env-Or 302.46 Secondary containment {#sec-env-or-302.46 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.46}

“Secondary containment” means a release prevention and leak monitoring system for a tank or piping that prevents oil that has escaped from the primary containment system from reaching the ambient environment.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.45)

N.H. Code Admin. R. Ann. Env-Or 302.47 Shop-fabricated AST {#sec-env-or-302.47 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.47}

“Shop-fabricated AST” means an AST that is constructed at a tank manufacturer’s plant and transported as a whole to a facility for installation.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.46)

N.H. Code Admin. R. Ann. Env-Or 302.48 Significant corrosion {#sec-env-or-302.48 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.48}

“Significant corrosion” means corrosion evidenced by a shedding or leafing product or scaling, or by pitting corrosion, regardless of whether the corrosion is progressing at the time of discovery.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.47)

N.H. Code Admin. R. Ann. Env-Or 302.49 Special flood hazard area {#sec-env-or-302.49 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.49}

“Special flood hazard area” means the area of land that has a one percent or greater chance of being flooded in any given year, commonly called the 100-year flood zone. The term includes those areas delineated on a Flood Insurance Rate Map as Zone A for non-coastal areas and as Zone V for coastal areas.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.48)

N.H. Code Admin. R. Ann. Env-Or 302.50 Spill prevention, control, and countermeasure plan (SPCC Plan) {#sec-env-or-302.50 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.50}

“Spill prevention, control, and countermeasure plan (SPCC Plan)” means a written plan that specifies the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a discharge, as described in 40 CFR Part 112.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.49)

N.H. Code Admin. R. Ann. Env-Or 302.51 Storage system {#sec-env-or-302.51 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.51}

“Storage system” means one or more tanks with all connected piping in which any oil is or is intended to be stored.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.50)

N.H. Code Admin. R. Ann. Env-Or 302.52 Substantial design change {#sec-env-or-302.52 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.52}

“Substantial design change” means any alteration to the location, materials, or configuration of any components of a proposed AST system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.51)

N.H. Code Admin. R. Ann. Env-Or 302.53 Substantial modification {#sec-env-or-302.53 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.53}

“Substantial modification” means the construction or installation of any addition to a facility or any restoration or renovation of a facility that increases or decreases the on-site storage capacity of the facility, significantly alters the physical configuration of the facility, or impairs or improves the physical integrity of the facility or its monitoring systems. The term does not include on-site abandonment of a facility.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.52)

N.H. Code Admin. R. Ann. Env-Or 302.54 Surface waters of the state {#sec-env-or-302.54 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.54}

“Surface waters of the state” means “surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.53)

N.H. Code Admin. R. Ann. Env-Or 302.55 Tank {#sec-env-or-302.55 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.55}

“Tank” means a stationary device constructed of impermeable material(s) that is designed to, or that actually does, contain oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.54)

N.H. Code Admin. R. Ann. Env-Or 302.56 Transfer operator {#sec-env-or-302.56 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.56}

“Transfer operator” means the individual who is controlling the flow of oil being transferred into an AST system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.55)

N.H. Code Admin. R. Ann. Env-Or 302.57 Underground piping {#sec-env-or-302.57 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.57}

“Underground piping” means any pipe that is in contact with the ground or is located below the surface of the ground.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.56)

N.H. Code Admin. R. Ann. Env-Or 302.58 Unusual operating condition {#sec-env-or-302.58 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.58}

“Unusual operating condition” means any condition, equipment deficiency, or occurrence that results or could result in a release of oil, indicates the possibility of a system leak, or creates a reasonable expectation that a system leak is imminent. Examples of unusual operating conditions are listed in Env-Or 306.07(a).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.57)

N.H. Code Admin. R. Ann. Env-Or 302.59 Used oil {#sec-env-or-302.59 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 302.59}

“Used oil” means an oil that, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 302.58)

Part Env-Or 303 Reference Standards

N.H. Code Admin. R. Ann. Env-Or 303.01 Availability and Applicability of Reference Standards {#sec-env-or-303.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 303.01}

(a) The department shall have at least one copy of each reference standard identified in this part available for inspection by the public at its offices at 29 Hazen Drive, Concord, NH.

(b) The reference standards also may be obtained directly from the source, as listed in Env-Or 303.02 through Env-Or 303.06 and Appendix B.

(c) In the event that any of the applicable reference standards conflict with these rules or with each other, the most stringent requirement shall apply.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 303.02 American Petroleum Institute {#sec-env-or-303.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 303.02}

The following standards from API, 1220 L Street, NW, Washington, DC 20005-4070, (202) 682-8000, https://www.apiwebstore.org/, shall apply as noted in the rules and summarized in Appendix B:

(a) Standard Number 620 - “Design and Construction of Large Welded Low-Pressure Storage Tanks”, twelfth edition, 2018 (API 620);

(b) Standard Number 650 - “Welded Steel Tanks for Oil Storage”, thirteenth edition, 2021 (API 650);

(c) Recommended Practice 651 - “Cathodic Protection of Aboveground Petroleum Storage Tanks”, fourth edition, 2014 (API 651);

(d) Standard Number 653 - “Tank Inspection, Repair, Alteration, and Reconstruction”, fifth edition, 2023 (API 653);

(e) Recommended Practice 1615 – “Installation of Underground Petroleum Systems”, sixth edition, 2011 (API 1615);

(f) Recommended Practice 1632 – “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems” third edition, 1996, reaffirmed December 2010 (API 1632);

(g) Standard Number 2610 – “Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities”, third edition, 2018 (API 2610); and

(h) Recommended Practice 2611 – “Terminal Piping Inspection – Inspection of In-Service Terminal Piping Systems”, first edition, July 2011 (API 2611).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 303.03 Association for Materials Protection and Performance {#sec-env-or-303.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 303.03}

The following standards from AMPP, 15835 Park Ten Place, Houston, Texas 77084, (281) 228-6200, http://ampp.org, shall apply as noted in the rules and summarized in Appendix B:

(a) Standard Number SP-0169-2024 - “Control of External Corrosion on Underground or Submerged Metallic Piping Systems” (NACE SP-0169-2024); and

(b) Standard Number SP-0285-2021 - “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection” (NACE SP-0285-2021).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 303.04 National Fire Protection Association {#sec-env-or-303.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 303.04}

The specified standards from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, (800) 344-3555, http://www.nfpa.org, shall apply as noted in the rules and summarized in Appendix B:

(a) Subject to (b), below, the following NFPA standards shall apply:

(1) NFPA 30 - “Flammable and Combustible Liquid Code” (NFPA 30);

(2) NFPA 30A - “Code for Motor Fuel Dispensing Facilities and Repair Garages” (NFPA 30A);

(3) NFPA 31 - “Standard for the Installation of Oil-Burning Equipment” (NFPA 31); and

(4) NFPA 110 - “Standard for Emergency and Standby Power Systems” (NFPA 110).

(b) The edition referenced by the state fire code as defined by RSA 153:1,VI-a shall apply, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 303.05 Petroleum Equipment Institute {#sec-env-or-303.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 303.05}

The following standards from the Petroleum Equipment Institute (PEI), 6514 E. 69th St., Tulsa, Oklahoma 74133, (918) 494-9696, http://www.pei.org, shall apply as noted in the rules and summarized in Appendix B:

(a) “RP200 Installation of Aboveground Storage Systems”, revised 2024 (RP 200-24);

(b) “RP300 Installation and Testing of Vapor Recovery Systems”, revised 2019 (RP 300-19);

(d) “RP800 Design and Installation of Bulk Storage Plants”, 2020 (RP 800-20); and

(e) “RP1300 Aviation Fueling Systems”, 2020 (RP 1300-20).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 303.06 Steel Tank Institute and Steel Plate Fabricators Association (STI/SPFA) {#sec-env-or-303.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 303.06}

The following standard, from STI/SPFA 955 Donata Court, Lake Zurich, Illinois 60047, (847) 438-8265, http://www.steeltank.org, SP001 “Standard for the Inspection of Aboveground Storage Tanks”, seventh edition, 2024 (SP001) shall apply as noted in the rules and summarized in Appendix B.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 304 Registration; Required Notifications and Records

N.H. Code Admin. R. Ann. Env-Or 304.01 Registration of AST Systems Required {#sec-env-or-304.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.01}

(a) The owner of an AST facility that is subject to these rules shall register each AST system at the facility with the department by:

(1) Completing and submitting to the department the form entitled “Registration of Aboveground Petroleum Storage Tank (AST) Systems”, NHDES-S-04-017, 3-31-2022, available at https://onlineforms.nh.gov/?formtag=nhdes-s-04-017; and

(2) Signing the submission as specified in Env-Or 304.02.

(b) For an AST facility at which some or all of the ASTs at the facility are 55-gallon drums, the owner shall register each storage area for the drums in lieu of registering each individual drum.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 304.02 Signature on Registration Required {#sec-env-or-304.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.02}

(a) The owner shall sign and date all registration submittals.

(b) The owner’s signature shall constitute certification that:

(1) The owner has personally examined and is familiar with the information submitted in or with the registration form;

(2) Based on the owner’s inquiry of those individuals immediately responsible for obtaining the information, the owner believes that the submitted information is true, accurate, and complete to the best of the individual’s knowledge and belief; and

(3) The owner understands that he or she is subject to the penalties specified in RSA 641:3 for making unsworn false statements.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.03)

N.H. Code Admin. R. Ann. Env-Or 304.03 Registration Updates Required {#sec-env-or-304.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.03}

(a) The owner shall report any significant change in the information presented on the original registration form to the department in writing within 30 days of the change.

(b) For the purpose of (a), above, “significant change” means:

(1) Any addition or reduction in the aggregate oil storage capacity at the facility;

(2) Taking an AST system out of service or removing or dismantling an AST system;

(3) Any change in use as described in Env-Or 304.04;

(4) Any change in the name of the facility that is not associated with a transfer of ownership;

(5) Any time the oil content of a tank is changed from a flammable liquid to a combustible liquid, as defined in NFPA 30, or vice versa;

(6) Any addition of release prevention or release detection measures to an AST system, such as:

a. The replacement of single-walled piping with double-walled piping;

b. The installation of high-level alarms;

c. Interstitial space monitoring devices;

d. The installation of secondary containment;

e. The installation of cathodic protection; or

f. Any other enhancement to an AST system that would reduce the threat of harm from an oil release to human health, public safety, or the environment; or

(7) Any other change in the information provided to register the AST.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.04)

N.H. Code Admin. R. Ann. Env-Or 304.04 Change in Use {#sec-env-or-304.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.04}

The owner of any facility that would become subject to regulation under Env-Or 300 due to a change in the use of any storage system at the facility shall:

(a) Comply with all applicable requirements before instituting the changed use; and

(b) Register the facility as specified in Env-Or 304.01 prior to putting any oil into the AST systems.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.05)

N.H. Code Admin. R. Ann. Env-Or 304.05 Records To Be Maintained {#sec-env-or-304.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.05}

(a) All records listed in (c) and (d), below, shall be made available to a department inspector during a scheduled inspection.

(b) The owner shall maintain the records identified in (c), below, for not less than 3 years from the date of creation or receipt, as applicable, provided that if the owner has been notified of a pending inquiry into a suspected violation of requirements applicable to the facility, the owner shall retain the records until the later of:

(1) The date the owner is notified by the department that no action will be taken;

(2) The date the owner is notified by the department that the action taken has been resolved;

(3) The date a final decision is issued in an appeal of any action taken by the department, including any appeal under RSA 541; or

(4) The date the last appeal period expires without an appeal being filed.

(1) Results of monthly exterior inspections required by Env-Or 306.07;

(2) Copies of all correspondence that relates to the facility from the department, the New Hampshire state fire marshal, or the local fire department;

(3) Records of the type of oil stored in each tank and the date of any conversion described in Env-Or 304.03(b)(5);

(4) Records of inventory monitoring required by Env-Or 306.03; and

(5) Any record required to be maintained by Env-Wm 1402.07(b) or Env-Wm 1402.34(c) that is still within the retention period specified therein.

(d) Subject to (e), below, the owner shall maintain the following records for the operating life of the facility:

(1) Dates and description of replacement of permanent components and substantial modification to AST systems;

(2) Results of all tightness tests performed on piping associated with the AST systems;

(3) A copy of the facility registration(s) and any amendments;

(4) Copies of all plans for the facility submitted and approved pursuant to Env-Wm 1402.17 or Env-Or 307.01 through Env-Or 307.05;

(5) Closure and other site assessment reports;

(6) Results of all insulated tank and insulated piping inspections and interior AST inspections required by Env-Or 306.08 and Env-Or 306.09;

(7) Results of all cathodic protection system testing at the facility required by Env-Or 306.11;

(8) Equipment maintenance schedules and logs, including frequency, procedure performed, and identification of who performed the maintenance;

(9) Repair records, including component repaired, method of repair, and identification of who performed the repair;

(10) Records of oil discharges; and

(11) Any record required to be maintained by Env-Wm 1402.07(b) or Env-Wm 1402.34(d) that is not subject to a 3-year retention period.

(e) Any owner who discarded records included in (d), above, prior to the 2013 effective date of this chapter based on a good-faith belief that on-going retention was not required shall not be deemed to be out of compliance with the record retention requirements established in (d), above, with respect to the discarded records.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.06)

N.H. Code Admin. R. Ann. Env-Or 304.06 Transfer of Facility Ownership {#sec-env-or-304.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.06}

When ownership of an AST facility is transferred, then:

(a) The new owner shall file an amended registration form with the department no later than 30 days after the transfer; and

(b) The owner who is transferring ownership shall:

(1) Notify the department of the transfer of ownership no later than 10 days after the transfer; and

(2) Deliver to the new owner all documents and information related to the facility that are required to be maintained by Env-Or 304.05.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.07)

N.H. Code Admin. R. Ann. Env-Or 304.07 Owner Liability {#sec-env-or-304.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 304.07}

The owner of an AST facility may delegate any responsibility imposed by Env-Or 300 to an AST operator, but any such delegation shall not relieve the owner from liability for non-compliance with the requirements in this chapter.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.08)

Part Env-Or 305 Equipment Standards

N.H. Code Admin. R. Ann. Env-Or 305.01 Tank Standards for AST Systems Installed on or After April 25, 1997 {#sec-env-or-305.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.01}

Any tank installed on or after April 25, 1997 that is part of a facility listed in Env-Or 301.02(a) that does or will contain oil shall:

(a) Be constructed of steel or other materials as applicable fire safety standards allow;

(b) Be certified by its manufacturer as meeting or exceeding the following design or manufacturing standards, as applicable:

(1) UL 142, for shop-fabricated steel tanks;

(2) UL 142 and UL 2080, for fire resistant tanks;

(3) UL 2085, for protected tanks;

(4) UL 2245, for below-grade vaults;

(5) API 620, for field-erected, low pressure steel tanks;

(6) API 650, for shop-fabricated and field-erected atmospheric steel tanks;

(7) PEI RP 200, for motor fuel dispensing facilities;

(8) PEI RP 300, for vapor recovery systems at motor fuel dispensing facilities;

(9) PEI RP 800, for bulk storage plants; and

(10) API 2610, for AST facilities and terminals;

(c) Subject to Env-Or 305.02, be located, designed, and installed in accordance with the following NFPA standards, as applicable:

(1) NFPA 30A, for AST systems used in the storage of oil at automotive and marine service stations;

(2) NFPA 31, for AST systems used in the storage of oil directly associated with on-premise-use heating;

(3) NFPA 110, for emergency and standby power AST systems; or

(4) NFPA 30, for all other AST systems subject to this part;

(d) If designed to be on the ground, be separated from the ground by a barrier that:

(1) Will not deteriorate due to exposure to the elements or soil in the presence of oil; and

(2) Is either:

a. A separate layer constructed of a material that is at least as impermeable as 60-mil high-density polyethylene; or

b. A double bottom on the tank itself with interstitial monitoring as specified in Env-Or 305.12; and

(e) Have continuous corrosion protection as specified in Env-Or 305.06 for any steel or other metal that is part of the AST system and that is in contact with the ground.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.02 Variances Issued by State Fire Marshal {#sec-env-or-305.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.02}

Any AST system for which the state fire marshal has issued a variance to NFPA 30, NFPA 30A, or NFPA 31 standards shall be deemed as meeting both the requirements of Env-Or 305.01(c) and the portion of any standard listed in Env-Or 305.01(a) or (b) that specifies the same requirement as the one that has been waived.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.03 AST Markings Required {#sec-env-or-305.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.03}

(a) Any tank that is part of a facility listed in Env-Or 301.02(a) shall be marked with information regarding the product stored.

(b) Any tank that is part of a facility listed in Env-Or 301.02(a) other than 55-gallon drums having no connected piping also shall be marked with system specifications, as listed in (d), below.

(c) All lettering shall be at least 2 inches high in a color that contrasts with the color of the tank, so as to be readily discernable from the distance at which the lettering will typically be viewed.

(d) The system specifications information required by (b), above, shall include:

(1) The appropriate identification of the hazards of materials for emergency response system symbol meeting the requirements of section 21.7.2.1 of NFPA 30;

(2) The tank number corresponding to the tank number identified on the facility registration(s) as described in Env-Or 304.01 or predecessor rule in Env-Wm 1402.05; and

(3) The safe fill volume or safe fill height of the tank, which corresponds to the height at which the high level alarm is activated, in the same units as indicated on the tank gauge.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.04 Piping Standards for AST Systems {#sec-env-or-305.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.04}

(a) Any piping system installed on or after April 25, 1997 that is not in contact with the soil shall be constructed in accordance with API 2610, NFPA 30, and as recommended by the manufacturer.

(b) No piping system component that will be in contact with the oil, including but not limited to all gaskets and sealants, shall be used as part of an AST system unless:

(1) The manufacturer of the component has listed the component as being compatible with the oil that will be stored; or

(2) If the component manufacturer does not maintain a list such as identified in (1), above, the component is made of a material that is generally accepted in the industry as being compatible with the oil that will be stored.

(c) Any fill pipe that is connected to a pump-filled AST installed on or after April 25, 1997 in such a way that backflow from the receiving tank is possible shall be equipped with a properly-functioning check valve or equivalent device that provides automatic protection against backflow.

(d) Each tank connection through which oil can normally flow shall be equipped with an operating isolation valve that is located as close as practicable to the shell of the tank, unless the tank connection is located at a point higher than the highest liquid level in the tank, such as at the top of the tank.

(e) All aboveground piping installed on or after April 25, 1997 that is 12 inches National Pipe Thread (NPT) size or less shall be constructed of:

(1) Carbon steel, schedule 40 or greater;

(2) Stainless steel, schedule 40 or greater;

(3) Galvanized steel, schedule 40 or greater; or

(4) Type L or K annealed copper tubing, except as noted in (k), below.

(f) All aboveground piping installed on or after April 25, 1997 that is greater than 12 inches NPT size shall be of standard grade according to ASTM A134-96.

(g) All joints on steel piping installed on or after April 25, 1997 that is 2 inches NPT size or greater shall be welded or welded flanged.

(h) All steel or metallic piping in contact with soil shall be cathodically protected by an impressed current system or sacrificial anode system that is designed and installed in accordance with Env-Or 305.06.

(i) Cathodic protection of metal piping shall not be required if the pipe is totally electrically isolated from the soil by:

(1) Being elevated above the ground surface; or

(2) Using secondary containment sufficient to place the pipe in a non-corrosive environment.

(j) Copper piping shall not be used in any AST system that requires the use of:

(1) Piping greater than 1/2 inch NPT size; or

(2) Piping to transfer oil under pressure, except for a boiler return line that enters the top of the tank and has no valves or obstructions.

(k) Copper tubing that is in contact with soil or that passes through concrete or other building materials shall be contained in a continuous non-metallic sleeve or otherwise protected from damage and corrosion.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.05 Additional Requirements Specific to Underground Piping {#sec-env-or-305.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.05}

(a) Underground piping systems installed on or after April 25, 1997 shall be designed, constructed, and installed with access and isolation points that allow independent pressure testing of piping without the need for excavation.

(b) All components of an underground piping system installed on or after April 25, 1997 shall:

(1) Have secondary containment as specified in (f), below, and Env-Or 305.07; and

(2) Be constructed of fiberglass reinforced epoxy, flexible thermoplastic extrusions, carbon steel, stainless steel, galvanized steel, or type K annealed copper tubing that meets the applicable standards listed in (c) through (g), below.

(c) Fiberglass reinforced epoxy piping shall be certified by its manufacturer as meeting ASTM Specification D-2996-01, Standard Specification for Filament Wound Fiberglass Pipe, and UL 971, “Non-Metallic Underground Piping for Flammable Liquids”. Ultimate sheer strength of adhesive and curing agent shall be as specified in ASTM D-2517-05, as approved and supplied by the manufacturer.

(d) Thermoplastic extrusion flexible piping shall be certified by its manufacturer as meeting UL 971, “Non-Metallic Underground Piping for Flammable Liquids.”

(e) Steel piping installed on or after April 25, 1997 shall:

(1) Be carbon steel, stainless steel, or have a galvanized coating if the galvanization is compatible with the oil stored;

(2) Be schedule 40 or heavier; and

(3) Be installed as specified in API 1615.

(f) If the secondary containment for steel piping is metal, it shall:

(1) Have a protective wrapping or di-electric coating; and

(2) Be cathodically protected by an impressed current system or sacrificial anode system.

(g) Type K annealed copper tubing shall be used only as allowed by Env-Or 305.04(k).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.06 Corrosion Protection for Tanks and Piping {#sec-env-or-305.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.06}

(a) Corrosion protection for AST bottoms that were installed on or after April 25, 1997 and are in contact with the soil shall:

(1) Consist of a sacrificial anode system or an impressed current system designed, fabricated, and installed in accordance with API 651 or NACE SP-0285;

(2) Be designed and installed with oversight by a corrosion expert;

(3) Be designed to provide corrosion protection for the expected active life of the AST system or to allow for the periodic rehabilitation of the anode system; and

(4) Have a test station or other method of monitoring that enables the owner to confirm that the cathodic protection system is operating properly.

(b) Corrosion protection for piping systems shall be designed and constructed in accordance with NFPA 30, API 1615, API 1632, or NACE SP-0169, as applicable.

(c) With the exception of insulated tanks and insulated piping addressed as specified in Env-Or 306.07, 306.08, and 306.10, the exterior surfaces of all tanks and exposed piping shall be painted or coated to prevent corrosion or other deterioration.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.07 Secondary Containment for AST Systems Required {#sec-env-or-305.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.07}

No person shall construct an AST system without secondary containment for the ASTs as specified in Env-Or 305.08 and for the piping systems as specified in Env-Or 305.09.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.08 Secondary Containment for ASTs {#sec-env-or-305.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.08}

(a) Secondary containment for an AST shall be constructed so that spills will not permeate into the soil more than one foot in 72 hours, or infiltrate or otherwise escape to the groundwater or surface waters before cleanup can occur.

(b) Secondary containment for an AST shall consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, receiving tanks, or other equipment capable of containing the product stored, or any combination thereof.

(c) Secondary containment for an AST shall have sufficient storage capacity to contain the full capacity volume of the largest single tank within its enclosure, if it is covered so as to prevent the collection of precipitation.

(d) If the secondary containment is not covered so as to prevent the collection of precipitation, it shall have additional storage capacity to contain 110% of the full capacity volume of the largest tank within its secondary containment.

(e) If the secondary containment for an AST consists of dikes surrounding the tank, construction of the dikes shall be in accordance with NFPA 30.

(f) Secondary containment and lining materials shall be designed and constructed to meet permeability requirements for the operational life of the AST system.

(g) The provisions of (a) through (f), above, shall not apply to any tank that is located inside a building, provided:

(1) The installation of the tank complies with NFPA 30 or NFPA 31, as applicable;

(2) The entire floor of the room in which the tank and its associated piping is located is constructed of concrete or an impervious material;

(3) The floor does not have any floor drains, cracks, or openings that would permit the migration of oil through the floor; and

(4) A release of the total contents of the tank would be contained in the room in which the system is situated.

(h) A double-walled tank may be used in lieu of the requirements of (b) through (e), above, if the double-walled tank is installed with all of the following:

(1) Overfill protection as specified in Env-Or 305.11;

(2) Interstitial monitoring, as specified in Env-Or 305.12(a) and (b);

(3) A mechanism that will automatically prevent the flow of oil to the tank when the tank is:

a. Filled to 95 percent of the total capacity of the tank, for tanks with a storage capacity of 12,000 gallons or less; or

b. Filled to one percent less than the calculated maximum safe fill height, for tanks with a storage capacity of greater than 12,000 gallons.

(i) If the secondary containment area is not covered so as to prevent the collection of precipitation, it shall be equipped with a manually-operated device, such as a manually-controlled pump or siphon or a gravity drain pipe that has a manually-controlled valve, that will allow collected precipitation to be removed when no oil is present.

(j) Gravity drain pipes shall be designed and constructed to prevent a release in the event of fire.

(k) Any opening where piping passes through a secondary containment structure shall be sealed around the outside of the piping with an impervious, compatible material to prevent the discharge of oil from the containment.

(l) With the exception of hand-filled ASTs and ASTs using vent whistles for overfill protection, any AST that has any vent located such that an overfill would not be contained within the secondary containment shall have additional overfill protection as specified in (h)(3), above.

(m) With the exception of ASTs that are hand-filled and ASTs using vent whistles for overfill protection, any AST fill connection point that is not otherwise within secondary containment shall be within a covered spill container with a minimum capacity of 5-gallons in order to prevent the release of oil to the environment when a transfer hose is detached from a fill or transfer pipe.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.09 Secondary Containment for AST Piping Systems {#sec-env-or-305.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.09}

(a) All underground piping that is part of an AST piping system shall have secondary containment that is:

(1) Double-wall piping meeting the requirements of Env-Or 305.04; or

(2) An engineered piping trench system.

(b) All AST piping system components that extend over the surface waters of the state that are not regulated by the U.S. Coast Guard pursuant to 33 CFR 154 shall have double-wall piping as secondary containment.

(c) Any AST piping system with secondary containment shall be continuously pitched to direct any leakage from the primary piping to a liquid-tight containment sump that has leak monitoring as specified in Env-Or 305.12(d).

(d) Each AST dispenser attached to an AST system that is supplied by underground or over-water piping shall be equipped with a liquid-tight containment sump that has leak monitoring as specified in Env-Or 305.12(d).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.10 Transfer Pumps {#sec-env-or-305.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.10}

(a) With the exception of transfer pumps temporarily used for maintenance purposes, no person shall install an oil transfer pump directly on the ground surface.

(b) With the exception of transfer pumps temporarily used for maintenance purposes, an oil transfer pump shall be:

(1) Secured to and separated from the ground surface by a concrete pad or other impermeable barrier; and

(2) Firmly secured to a foundation capable of supporting the weight of the pump and the mechanical stresses commonly associated with the operation of the pump.

(1) Brought to an AST system not more than 5 business days prior to being used; and

(2) Removed from the site not more than 5 business days after being used.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.11 Overfill Protection {#sec-env-or-305.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.11}

(a) Unless excluded under (e), below, each AST system shall be equipped with a gauge or other automated measuring device that accurately shows the level of product in the tank and is accessible to the transfer operator prior to initiating the transfer.

(b) Each AST system shall have a high level warning alarm that:

(1) Operates independently of the gauge required by (a), above; and

(2) Is both audible and visible to the transfer operator.

(1) The tank is filled to 90 percent of the total capacity of the tank, for tanks with a storage capacity of 12,000 gallons or less; or

(2) The tank is filled to 3 percent less than the calculated maximum safe fill height, for tanks with a storage capacity of greater than 12,000 gallons.

(d) In any AST system having an oil storage capacity of 660 gallons or less, a vent alarm may be used in lieu of the high level alarm if:

(1) The delivery hose fits tightly to the fill pipe;

(2) The opening for the vent pipe is located no more than 10 feet from the fill pipe connection and is visible to the transfer operator; and

(3) The vent alarm is audible to the transfer operator.

(e) The requirements of this section shall not apply to the following containers when not connected to other containers:

(1) Drums less than 60 gallons in size; and

(2) Intermediate bulk containers or overpack drums as identified in NFPA 30.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.12 Interstitial Leak Monitoring for AST Systems {#sec-env-or-305.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.12}

(a) Interstitial spaces installed on or after April 25, 1997 in an AST system shall be equipped with interstitial monitoring equipment.

(b) The interstitial monitoring equipment shall be:

(1) Capable of detecting both a discharge of oil from the inner container and an intrusion of water from the surrounding environment into the interstitial space; and

(2) Constructed such that the testing or sampling methods used are not rendered inoperative by groundwater, rainfall, or soil moisture.

(1) Are not in contact with the soil; and

(2) Are completely surrounded by secondary containment as specified in Env-Or 305.08.

(d) Interstitial monitoring equipment for double-wall piping shall consist of a continuously operating sump sensor with alarm that is both visible and audible to the AST operator.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.13 Oil Transfer and Dispensing Areas {#sec-env-or-305.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.13}

(a) Each area where oil is transferred from a cargo truck or railcar engaged in the transport of oil to an AST system shall be constructed of a concrete pad or other impermeable surface that is of sufficient size for all connection points to be situated over the impermeable area when oil is being transferred.

(b) Each area where oil is transferred from an AST system to a cargo truck or railcar engaged in the transport of oil shall be constructed of a concrete pad or other impermeable surface that is of sufficient size for the entire tank portion of the cargo truck or railcar being filled to be situated over the impermeable area when oil is being transferred.

(c) Each dispensing area, excluding dispensing areas serving aircraft only, that was not used prior to May 28, 2005 shall be a concrete pad.

(d) The concrete pad or impermeable surface required by (c), above, shall be:

(1) Of sufficient size for the entire motor vehicle being fueled, exclusive of any trailers, to be situated over the impermeable area when oil is being transferred; and

(2) Equipped with positive limiting barriers capable of containing a volume of at least 5 gallons for each dispenser in that dispensing area.

(e) Dispensing nozzles shall not extend beyond the positive limiting barriers required by (d)(2), above.

(f) Subject to (g), below, each dispensing area that was in use prior to May 28, 2005 that does not have an impervious surface as specified in (c), above, as of February 7, 2014 shall install a concrete pad or other impermeable surface that complies with (d), above, on or before February 7, 2016.

(g) Political subdivisions shall be exempt from (f), above, unless the local legislative body votes to fund compliance or the state provides full funding.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 305.14 Release Detection for AST Systems {#sec-env-or-305.14 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 305.14}

(a) The owner of an AST system installed on or after April 25, 1997 shall provide, as applicable:

(1) Beneath a tank that is not completely raised above ground level, perforated gravity collection pipes or channels that can be monitored for the presence of a release; or

(2) Beneath a vertical tank, a finished concrete pad that extends completely beneath the tank and has a series of channels measuring no more than 1.5 inches wide and 0.75 inches deep extending radially outward from the center of the pad to beyond the edge of the tank.

(b) All pressurized underground and over-water motor fuel dispenser piping systems installed on or after May 28, 2005 shall:

(1) Be equipped with a UL-listed line leak detector capable of detecting a line leakage rate of 3 gallons per hour at 10 pounds per square inch; and

(2) Automatically shut-off or restrict product flow if the leakage rate is exceeded.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 306 Operating, Testing, and Inspection Requirements

N.H. Code Admin. R. Ann. Env-Or 306.01 Operation and On-going Maintenance {#sec-env-or-306.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.01}

(a) No person shall operate an AST system that does not have secondary containment in compliance with Env-Or 305.07.

(b) Secondary containment and lining materials shall be maintained to meet permeability requirements for the operational life of the AST system.

(c) If gravity drain pipes are used in secondary containment, all valves shall be locked in a closed position except when a controlled discharge of stormwater is being conducted.

(d) No person shall operate an oil transfer pump unless it has been installed as required by Env-Or 305.10.

(e) All tanks and connected piping shall be maintained so as to prevent leaks or seeps.

(f) The markings required by Env-Or 305.03 shall be maintained so as to be readily discernable from the distance at which the lettering will typically be viewed.

(g) The paint or other coating required by Env-Or 305.06(c) shall be maintained so as to prevent corrosion of the underlying metal.

(h) The concrete pad or impermeable surface required by Env-Or 305.13(c) for oil transfer and dispensing areas and the positive limiting barriers required by Env-Or 305.13(d)(2) shall be maintained so as to prevent any contained oil from escaping to the environment.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.02 Spill Prevention Control and Countermeasure Plan {#sec-env-or-306.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.02}

(a) Subject to (f), below, the owner of an AST facility that is subject to this chapter shall prepare and implement a SPCC Plan to establish release prevention measures and effective response procedures for releases from the AST system(s) at the facility.

(b) The SPCC Plan shall be:

(1) Prepared as described in 40 CFR Part 112 “Oil Pollution Prevention”; and

(2) Certified by a professional engineer authorized under RSA 310-A:11 to work in New Hampshire, except as provided in (d), below.

(c) The owner shall submit a copy of the signed and P.E.-stamped certification page of the SPCC Plan to the department within 60 days of implementation of any new or revised SPCC Plan.

(d) In accordance with RSA 146-A:11-c, I-a, the owner of a qualified facility may prepare and implement an SPCC Plan for the facility that is not prepared or approved, or certified, by a professional engineer.

(e) The owner of a qualified facility shall submit a copy of the signed self-certification page of the SPCC Plan to the department within 60 days of implementation of any new or revised SPCC Plan.

(f) An SPCC Plan shall not be required for an AST facility having a combined oil storage capacity of 1,320 gallons or less if all of the following criteria are met:

(1) The facility meets all applicable equipment standards specified in Env-Or 305;

(2) The facility is in compliance with Env-Wq 401.04 relative to storage of regulated substances; and

(3) The facility is not used for fueling water craft.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.03 Inventory Monitoring; Investigation of Discrepancies Required {#sec-env-or-306.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.03}

(a) The owner of an AST facility shall conduct monthly inventory monitoring for each AST system at the facility in which any portion of the AST system’s primary tank shell or primary piping is in contact with the ground, soil, or concrete foundation slab and does not have release detection as specified in Env-Or 305.14.

(b) The owner of an AST system that is subject to inventory monitoring shall:

(1) Maintain separate written records for each AST or interconnected system; and

(2) Certify the accuracy of the inventory monitoring by signing the records.

(c) AST inventory control measurements shall be reconciled by comparing product measurements with shipments, deliveries, and internal transfers.

(d) The owner shall investigate and resolve the cause of any unexplained loss in inventory of 2.0 percent or more of throughput in the monitoring period, as indicated by the recording and reconciliation of inventory records.

(e) If the investigation shows that a discharge of oil has occurred or could be imminent, the owner shall proceed as specified in Env-Or 306.10.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.04 Cargo Truck Oil Transfers {#sec-env-or-306.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.04}

(a) Oil transfers shall be performed in accordance with 49 CFR 172, Subpart H, also referred to as US DOT rulemaking docket number HM-126F, which requires the operator of the cargo truck effecting the transfer to be periodically trained to transport and handle hazardous materials.

(b) The direct transfer of oil from the cargo tank of a cargo truck to the cargo tank of another cargo truck shall be prohibited, except during an emergency situation as authorized by emergency response personnel.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.05 Management of Stormwater and Other Precipitation {#sec-env-or-306.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.05}

(a) Stormwater or other precipitation that collects at an AST facility within a secondary containment area or oil transfer containment area shall be removed by the manually-activated pump or siphon or gravity drain pipe with which the containment area is equipped.

(b) No person shall undertake a controlled discharge of stormwater to the environment from an oil transfer containment area or secondary containment structure unless the stormwater has no oil sheen or obvious gasoline contamination.

(c) Stormwater that is contaminated with oil shall be discharged to an enclosed container for transport to a location authorized to receive the contaminated water, unless a groundwater discharge permit is obtained in which case the stormwater shall be treated to remove the oil prior to discharge in compliance with the permit.

(d) All stormwater discharges shall be performed in accordance with all applicable local, state, and federal requirements.

(e) Accumulated stormwater shall be drained as soon as practical and frequently enough to ensure that sufficient containment volume is always available to contain a release from the largest tank being contained.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.06 Inspection Reports: Contents and Signatures {#sec-env-or-306.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.06}

(a) Each inspection report required by Env-Or 306.07 through Env-Or 306.09 shall contain the following information:

(1) The date of the inspection;

(2) The name and position of the individual conducting the inspection;

(3) The tank registration number of the specific AST system, AST, or piping being inspected, as applicable;

(4) Whether any of the conditions for which the inspection is being conducted, as identified in the applicable section, were observed and, if so, where and on which equipment or structure the conditions existed; and

(5) For each condition noted pursuant to (4), above:

a. A description of the condition in sufficient detail that it can serve as a point of reference for future inspections; and

b. A recommendation either that the condition be monitored or that the component be repaired, replaced, or taken out of service.

(b) Each inspection report required by Env-Or 306.07 through Env-Or 306.09 shall be signed by the individual who conducted the inspection. Such signature shall constitute certification that the information provided is true, complete, and not misleading to the knowledge and belief of the signer.

(c) The signature on an inspection report prepared by a certified AST inspector required by Env-Or 306.08 and Env-Or 306.09 shall include the inspector’s API or STI certification number or professional engineer stamp, as applicable.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.07 Exterior Inspections of AST Systems {#sec-env-or-306.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.07}

(a) The owner of an AST facility shall conduct an exterior inspection as specified in (b), below, of each AST system at the facility not less than monthly for any unusual operating conditions, such as:

(1) Deficiencies such as leaks, surface wetting, discoloration, blistering, or evidence of corrosion, cracks, chime distortion, or other structural damage; and

(2) Cracks, areas of wear, visible shell thinning, evidence of poor maintenance and operating practices, excessive settlement of structures, separation or swelling of tank or piping insulation, malfunctioning equipment, and structural and foundation weaknesses.

(b) The inspection required by (a), above, shall include inspecting:

(1) For insulated tanks and insulated piping, all exterior surfaces of insulation;

(2) For other than insulated tanks and insulated piping, all exterior surfaces of tanks, secondary containment, pipes, valves, and other associated equipment;

(3) All exterior surfaces of tank and piping supports; and

(4) All visible system components of each high-level alarm and each leak detection system which is in place at the facility.

(c) The owner shall document each exterior inspection by recording the information required by Env-Or 306.06(a) in a log or other record that is maintained as specified in Env-Or 304.05 and by signing the log or other record as specified in Env-Or 306.06(b).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.08 Inspection of Insulated Tanks and Insulated Piping {#sec-env-or-306.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.08}

(a) The owner of an insulated tank or insulated piping shall engage a certified AST inspector to conduct an inspection for exterior corrosion of the tank or piping in accordance with the schedule specified in (b), below, and the procedures specified in (c), below.

(b) Inspections of insulated tanks and insulated piping shall be performed on the following schedule:

(1) An initial inspection shall be performed within 10 years of installation; and

(2) Following the initial inspection, an inspection shall be performed at least once every 10 calendar years.

(1) Inspect through inspection ports, if available, or remove insulation to the extent necessary to determine the condition of the exterior wall of the tank or piping; and

(2) Determine suitability for continued service in accordance with STI SP001, API 2610, or API 2611, as applicable.

(d) The certified AST inspector shall document each inspection of an insulated tank or insulated piping by:

(1) Recording the information required by Env-Or 306.06(a) in a document that is provided to the owner to be maintained as specified in Env-Or 304.05, provided that the information required by Env-Or 306.06(a)(4) shall be whether any conditions that adversely affect the tank or pipe’s suitability for continued service as specified in STI SP001, API 2610, or API 2611, as applicable, were observed and, if so, the specific location on the AST or pipe, as applicable, the conditions existed; and

(2) Signing the report as specified in Env-Or 306.06(b)-(c).

(e) Within 60 days of the date of the inspection, the owner shall submit to the department a copy of the inspection results and the certification page signed by the certified AST inspector and including the inspector’s API or STI certification number or professional engineer stamp.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.09 Interior Inspections of ASTs {#sec-env-or-306.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.09}

(a) The owner of an AST facility shall have a detailed inspection performed of the interior of each tank at the facility that has a capacity of 5,100 gallons or more in accordance with the schedule specified in (c), below, and the procedures specified in (d), below.

(b) All detailed interior tank inspections shall be performed by a certified AST inspector.

(c) Detailed inspections of tank interiors as described in (d), below, shall be performed in accordance with the following schedule:

(1) For tanks where any part of the shell is in contact with the ground, the initial inspection for previously uninspected tank systems shall be performed when the tank is 10 years old;

(2) For tanks where the tank shell is entirely off the ground, such as tanks on racks or in cradles, the initial inspection for previously uninspected tank systems shall be performed when the tank is 20 years old; and

(3) Following the initial inspection, an inspection shall be performed at least every 5 years for tank systems containing gasoline, and at least once every 10 calendar years of the in-service life of the tank for tank systems containing other motor fuels, heating oils, and fuel oils.

(d) Detailed interior tank inspections shall consist of:

(1) Cleaning the tank such that all visible evidence of liquids, sludges, by-products, solids, and the like are removed and the interior surface of the tank is completely visible;

(2) Removing, transporting, and disposing of sludge in a manner consistent with all applicable state and federal requirements;

(3) Entering the tank to determine its suitability for continued service in accordance with API 653 or STI SP001, as applicable; and

(4) Performing a tightness test in accordance with NFPA 30 or manufacturer’s specifications on any portion of the piping system that is underground.

(e) The certified AST inspector shall document each interior inspection by:

(1) Recording the information required by Env-Or 306.06(a) in a document that is provided to the owner to be maintained as specified in Env-Or 304.05, provided that the information required by Env-Or 306.06(a)(4) shall be whether any conditions that adversely affect the tank’s suitability for continued service as specified in API 653 or STI SP001 were observed; and

(2) Signing the report as specified in Env-Or 306.06(b)-(c).

(f) Within 60 days of the date of the inspection, the owner shall submit to the department a copy of the inspection results and the certification page signed by the certified AST inspector and including the inspector’s API or STI certification number or professional engineer stamp.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.10 Follow-up for Inventory Monitoring and Exterior and Interior Inspections {#sec-env-or-306.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.10}

(a) If inventory monitoring conducted pursuant to Env-Or 306.03 suggests that a leak is occurring or if any inspection conducted pursuant to Env-Or 306.07 through Env-Or 306.09 reveals any condition which suggests that a failure of primary or secondary containment or of monitoring equipment is imminent and could result in a discharge of oil or in a failure to detect a discharge of oil, including that the tank or piping is not fit for service as determined pursuant to API 653, API 2610, API 2611, or STI SP001, as applicable, the owner shall immediately implement measures to prevent a discharge, by:

(1) Repairing or taking out of service each component that is causing or contributing to the adverse condition; and

(2) Conducting additional testing in accordance with Env-Or 306.13 if the cause of the condition is not obvious.

(b) If inventory monitoring or any inspection reveals that a discharge has occurred, the owner shall:

(1) Notify the department in accordance with Env-Or 604; and

(2) Implement an appropriate preliminary response action in accordance with Env-Or 605.

(c) If any inspection conducted pursuant to Env-Or 306.07 reveals any deficiency other than those conditions identified in (a), above, or separated or swollen insulation, the deficiency shall be repaired within 30 days and the repair noted on the log or record kept pursuant to Env-Or 306.07(c).

(d) If an inspection conducted pursuant to Env-Or 306.07 reveals separation or swelling of tank insulation or piping insulation, the inspector shall:

(1) Remove the separated or swollen insulation;

(2) Inspect the underlying tank or piping as specified in Env-Or 306.07(a)(1); and

(3) Repair or replace the insulation, or otherwise protect the underlying tank or piping from exposure to corrosive conditions, within 30 days.

(e) If inspection conducted pursuant to (d), above, or Env-Or 306.08 reveals significant corrosion, the corroded areas shall be evaluated and addressed as specified in STI SP001, API 2610, or API 2611, as applicable.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.11 Cathodic Protection Testing {#sec-env-or-306.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.11}

(a) Sacrificial anode systems shall be tested within 6 months of installation and every 3 years thereafter by a cathodic protection tester.

(b) Monitors for impressed current systems shall be checked not less than monthly by verifying that electrical current is continuing to flow through the system.

(c) If at any time the testing or monitor check required by (a) or (b), above, shows that the electrical current necessary to prevent corrosion is not being maintained, the source of the failure shall be investigated and the system restored within 60 days.

(d) For any system at a facility that is subject to 42 U.S.C. 4321-4347 or 36 CFR Part 800, the time in (c), above, shall be increased by 60 days when such review is applicable.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.12 Annual Testing Requirements {#sec-env-or-306.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.12}

(a) The owner of an AST facility shall test the AST system components listed in (c) and (d), below, that are used at the AST facility, as specified in (b), below.

(b) The testing required by (a), above, shall be conducted:

(1) Not less than once in each calendar year, with at least one test occurring not sooner than 4 months after and not later than 15 months after the prior annual test, provided that if more than one test was performed in the prior year the owner may choose which test to use for purposes of the time limits; and

(2) As specified for each component.

(1) By removing the sensor or device, as applicable, from the tank and activating it; or

(2) By testing it pursuant to its manufacturer’s recommended test procedure.

(d) Each line leak detector shall be tested in accordance with the manufacturer’s recommended test procedure.

(e) If any component is determined to be malfunctioning, the owner shall repair or replace the component within 30 days.

(f) The owner shall document component testing in a report that is submitted to the department within 60 days of the testing, as follows:

(1) The date of the testing;

(2) The name and position of the individual conducting the testing;

(3) The component being tested;

(4) The tank registration number of the specific AST with which the component being tested is associated; and

(5) Whether the testing showed that the component was malfunctioning and, if so, the date on which the component was repaired or replaced.

(g) For any system at a facility that is subject to 42 U.S.C. 4321-4347 or 36 CFR Part 800, the time in (e) and (f), above, shall be increased by 60 days when such review is applicable.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.13 Suspected Discharge and Testing Requirements {#sec-env-or-306.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.13}

(a) When a discharge of oil from an AST system or a leak in an interstitial space of an AST system is suspected or appears probable, the owner shall:

(1) Notify the department by telephone, fax, or email within 24 hours of discovery; and

(2) Verify the integrity of the suspect AST system through observation and testing of the suspected system component as soon as practicable but in any event within 30 days.

(b) The test method used pursuant to (a)(2), above, shall be:

(1) A listed test method for the system or component being tested, except that any component of a field-erected AST system that is covered by API 653 shall be tested in accordance with API 653;

(2) If a listed test method does not exist, the test method recommended by the manufacturer of the component; or

(3) If a listed test method does not exist and there is no manufacturer’s recommendation, a test method promulgated by a national tank, standards, or petroleum industry association referenced in Env-Or 303.02 through Env-Or 303.06, such as API 653 or STI SP001 for shop-fabricated ASTs or NFPA 30 for piping.

(c) The owner shall notify the department in writing of any interim actions taken, the results of any testing performed in accordance with (a)(2), above, and any follow-up repairs or replacements within a reasonable amount of time not to exceed 60 days of its being performed.

(d) Notification shall include the following:

(1) A description of interim actions taken;

(2) The location and tank registration number of the tested AST or of the AST with which the tested component is associated;

(3) The date of the test;

(4) The reason for the test;

(5) The type of test used;

(6) The identity and qualifications of the individual performing the test;

(7) The results of the testing; and

(8) A description of all follow-up repairs or replacements.

(e) Testing shall be performed by or under the supervision of an individual certified for that test by industry associations such as API, STI, International Code Council (ICC), or American Society of Mechanical Engineers, as applicable.

(f) If any testing reveals that a discharge has occurred, the owner shall:

(1) Notify the department in accordance with Env-Or 604; and

(2) Implement an appropriate preliminary response action in accordance with Env-Or 605.

(g) If any testing reveals a tank or equipment deficiency, the owner shall repair or replace the tank or equipment, as applicable, within 30 days.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.14 Out of Service AST Systems {#sec-env-or-306.14 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.14}

(a) If oil is not introduced to or removed from an AST system designed and intended for the throughput of oil for 36 months, the AST system shall be taken out of service.

(b) Those AST systems intended solely for storage, such as back-up tanks for emergency power generation or long-term energy reserves, shall be considered out of service when the contents of such a tank has remained at the lesser of the following for the previous 36 months:

(1) One percent of the total system capacity or less; or

(2) Less than 3 inches in depth.

(1) Remove all oil from the AST and all piping connected exclusively to that AST;

(2) Secure the AST to prevent unauthorized entrance or tampering so that oil is not accidentally or intentionally introduced into the tank, by means such as securely bolting and locking all tank access points and valves and capping or plugging fill lines, gauge openings, or pump lines;

(3) Thoroughly clean the interior of the tank and all exclusively connected piping to remove all sludge, solids, and residual oil;

(4) Dispose of all oily wastes removed from the AST system in accordance with all applicable state and federal requirements; and

(5) Render the tank free of vapors sufficiently to avoid formation of an explosive atmosphere, and vent the tank to ensure the tank remains vapor free.

(d) Upon taking an AST system out of service, the owner shall:

(1) Comply with Env-Or 304.03 relative to filing an amended registration form;

(2) Stencil the words “out of service” on the tank in block letters that are at least 2 inches high and in a color that contrasts with the color of the tank;

(3) For tanks that are visible from the fill pipe connection, ensure that the stenciling applied pursuant to (2), above, is readily discernable from the fill pipe connection serving the out-of-service tank; and

(4) Securely affix a tag as described in (e), below, at the fill pipe connection serving the out-of-service tank, or, if the fill pipe is also used to fill active tanks, at the first valve after the fill pipe connection used to divert flow to the out-of-service tank.

(e) The owner shall obtain a tag used to signify an out-of-service tank system from the department. The tag shall remain affixed to the AST system during the entire time the tank is out of service. The owner shall promptly replace any mutilated, lost, illegible, or destroyed tag by contacting the department to obtain another tag.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 306.15 Reactivating Out of Service AST Systems {#sec-env-or-306.15 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 306.15}

(a) No person shall place an AST system that has been taken out of service back into service unless and until the owner certifies to the department in writing that the system is in compliance with all applicable requirements.

(b) No person shall introduce oil into an AST system that has been taken out of service unless and until the owner certifies to the department in writing that the system is in compliance with all applicable requirements.

(c) An owner who reactivates an AST system that has been out of service shall notify the department by submitting an amended registration form as required by Env-Or 304.03 prior to putting the AST system back into service.

(d) Prior to placing any AST system back into service, the owner shall:

(1) Thoroughly inspect and test the AST system for evidence of the following conditions:

a. Corrosion of the interior or exterior of the tank or associated piping;

b. Abnormal thinning of the tank walls or bottom;

c. Perforations through the tank walls or bottom; and

d. Any other condition that could indicate a weakening of the structural integrity of the AST system or identify a situation that could result in a release from the AST system; and

(2) If any of the conditions identified pursuant to (1), above, are found, correct all such deficiencies prior to placing the system into service.

(e) All testing and inspections performed pursuant to (d)(1), above, shall be conducted in accordance with the applicable provisions of this chapter.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 307 Installation Requirements

N.H. Code Admin. R. Ann. Env-Or 307.01 Application for Approval of AST Systems and Piping Systems {#sec-env-or-307.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.01}

(a) At least 45 days prior to commencing construction or installation of a new or replacement AST system having an oil storage capacity of more than 660 gallons that is subject to these rules, the owner of the existing or proposed facility shall submit the application materials specified in (c), below, to the department.

(b) At least 45 days prior to commencing construction or installation of any new or replacement underground or over-water piping systems as part of an AST system having an oil storage capacity of more than 660 gallons, the owner of the existing or proposed facility shall submit the application materials specified in (c), below to the department.

(1) A completed application form as specified in Env-Or 307.02(a), signed as specified in Env-Or 307.02(b);

(2) Complete plans and specifications as specified in Env-Or 307.03 that have been prepared, approved, and stamped on each page by a New Hampshire licensed professional engineer; and

(3) A spill prevention control and countermeasure plan as specified in Env-Or 306.02.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.02 Required Applicant Information {#sec-env-or-307.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.02}

(a) The owner shall complete and submit to the department the form entitled “Application for the Construction or Installation of Aboveground Storage Tank (AST) Systems or Associated Underground or Over-Water Piping Systems”, NHDES-S-04-006, 5-19-2022, available at https://onlineforms.nh.gov/?formtag=nhdes-s-04-006.

(b) The owner shall sign and date the application form. The owner’s signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that any permit issued based on false, incomplete, or misleading information shall be subject to revocation; and

(3) The signer understands that they are subject to the penalties specified in RSA 641:3 for making unsworn false statements.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.03 Plans and Specifications {#sec-env-or-307.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.03}

The plans and specifications required by Env-Or 307.01(c)(2) shall include the following information, as applicable, on the application form or on separate sheets that are legible but no larger than 22 inches by 34 inches:

(a) An accurate scaled diagram showing a plan view depiction of the site, which includes:

(1) A north arrow;

(2) All existing and proposed tanks, piping systems, and transfer areas;

(3) All existing and proposed structures and appurtenances;

(4) All existing and proposed water wells, surface waters, and source water protection areas on the site or within 500 feet of the proposed work; and

(5) Any special flood hazard areas on the site;

(b) Complete, detailed engineering designs of all existing and proposed secondary containment, leak detection, oil type, piping including slope and backfill requirements if underground, transition and dispenser sumps, piping termination details, flex connectors, foundations and cradles, atmospheric and emergency vents, gauges, high level alarms, automatic fill shut off devices, spill boxes, valves, transfer pads with positive limiting barriers, and marking and coating requirements;

(d) A locus showing the relation of the proposed AST system site to the surrounding area, which identifies all water wells, surface water bodies, and source water protection areas within 500 feet of the site;

(e) Any other information that will accurately convey the intended AST system configuration and show compliance with Env-Or 305;

(f) A complete description of each AST to be installed, including:

(1) The height, length, and diameter of the tank, and its capacity, in gallons;

(2) Whether the tank is or will be installed in a horizontal or vertical configuration;

(3) Whether the tank is new or used and, if used, the certification required by Env-Or 308.01(b);

(4) Whether the tank is or will be shop-fabricated or field-erected;

(5) What product that will be stored in the tank;

(6) The name and address of the manufacturer, and the manufacturer’s model number for the tank;

(7) The type of foundation for the tank, and whether the tank is or will be in contact with soil, concrete, or other material;

(8) Whether the tank is double-walled;

(9) The UL rating or API designation of the tank;

(10) Whether the tank will be installed in a below-grade vault;

(11) The tank supplier’s name and address; and

(12) Any other information needed to describe the AST;

(g) A complete description of all piping, including:

(1) Whether the piping is pressurized or suction;

(2) For piping other than schedule 40 steel aboveground piping, the name of the pipe manufacturer;

(3) For flexible piping, the name of the pipe manufacturer and the manufacturer’s part number;

(4) The composition of the pipe, as listed in Env-Or 305.04(f) or (g), as applicable;

(5) The size of pipe, or the range of sizes if more than one size is proposed;

(6) The pipe schedule;

(7) The method of assembly of the piping system;

(8) The type and average spacing of pipe support to be used;

(9) The number and type of valves to be used;

(10) The method by which siphoning will be prevented;

(11) Any other information needed to describe the piping system;

(12) Underground piping details as required by Env-Or 305.05, as applicable; and

(13) Secondary containment details as required by Env- or 305.09, as applicable;

(h) A complete description of all containment and dispenser sumps, including:

(1) The name of the sump manufacturer and the manufacturer’s model number;

(2) The material of construction of the sump; and

(3) The name of the sump sensor manufacturer and the sump sensor model number;

(i) A complete description of all cathodic protection systems, including:

(1) The type of cathodic protection system, including the type and spacing of anodes and the source of rectifier power; and

(2) The name, address, daytime telephone number, and certifying organization and certification number of the designer of the cathodic protection system;

(j) A complete description of all secondary containment, including:

(1) The type of secondary containment;

(2) Whether the tank will be inside a building;

(3) The volume of the secondary containment and the required secondary containment volume;

(4) Whether the secondary containment is covered so as to preclude the accumulation of precipitation and if so, a description of the cover; and

(5) How the accumulated precipitation will be managed;

(k) A complete description of all overfill protection, including:

(1) The type of gauges to be used, units of measure, the name of the gauge manufacturer and the model number of the gauge;

(2) The type of high-level alarm to be used, together with the name of the alarm manufacturer and the model number of the alarm;

(3) Where the audible and visual alarm will be located;

(4) The height, measured from the bottom of the tank, at which the high-level alarm will be activated;

(5) If applicable, the type of the automatic fill shut-off system to be used, together with the name of the system’s manufacturer and the model number; and

(6) The height, measured from the bottom of the tank, at which the automatic fill shut-off system will be activated;

(l) A complete description of all interstitial leak monitoring, including the location, manufacturer, and model number of each monitoring device;

(m) The name, company, mailing address, daytime telephone number, email address, and New Hampshire license number of the engineer of record and license expiration date;

(n) The name, company, mailing address, daytime telephone number, email address, and ICC certification number of the certified installer of record and certification expiration date; and

(o) Identification of the closest distance from any new or substantially modified AST system components to a public water supply, non-public water supply, and surface water of the State, as defined by RSA 485-A:2, XIV.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.04 Completeness Review {#sec-env-or-307.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.04}

(a) Upon receipt of an application, the department shall determine whether the application meets the requirements of Env-Or 307.01.

(b) If the application meets the requirements of Env-Or 307.01, the department shall process the application in accordance with Env-Or 307.05.

(c) Except as provided in (f), below, if the application does not meet the requirements of Env-Or 307.01, the department shall notify the applicant in writing of:

(1) What is missing; and

(2) The deadline for submitting the missing components, established based on the type and volume of the missing component(s).

(d) Upon notifying an applicant that the application does not contain everything required by Env-Or 307.01, the department shall suspend further processing of the application pending receipt of the information missing from the application.

(e) No portion of the time between the date a notice is provided pursuant to (c), above, or (f), below, and the date the applicant responds shall be included in computing the time limit for acting on the application.

(f) The department shall notify the applicant by telephone in lieu of providing a written notice pursuant to (c), above, if:

(1) The anticipated time required of the applicant to supply the missing information is less than the anticipated time required of the department to notify the applicant in writing; and

(2) The department is able to contact the applicant by telephone.

(g) If the department provides notice pursuant to (f), above, the department shall specify in the oral notice the same information required by (c)(1)-(2), above.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.05 Decision on Application {#sec-env-or-307.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.05}

(a) Within 45 days of receipt of a complete set of plans and specifications, the department shall send the applicant written notice approving or denying the application.

(b) The department shall approve the application if the application demonstrates compliance with all applicable requirements of this chapter.

(c) The department shall deny the application if the application does not demonstrate compliance with all applicable requirements of this chapter. If the department denies the application, the written notice sent pursuant to (a), above, shall specify the reason(s) for the denial.

(d) The department shall include such terms and conditions in the approval as are necessary to ensure compliance with applicable requirements.

(e) Department approval for installation of an AST system shall not eliminate the need to obtain applicable approvals and permits from the authority(ies) enforcing the state fire code, the state building code as defined in RSA 155-A:1, IV, and any applicable local building codes.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.06 Approval to Operate Required {#sec-env-or-307.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.06}

(a) The owner shall notify the department to arrange for an inspection prior to introducing oil into a newly constructed AST system and prior to backfilling an underground piping system.

(b) The department shall grant approval to operate the new AST system only if the department:

(1) Determines that the newly-constructed AST system or piping system has been installed in accordance with the approved plans and the terms and conditions of the approval issued pursuant to Env-Or 307.05; and

(2) Receives the report from the certified installation supervisor as required by Env-Or 307.09.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.07 Approval Duration; Extensions {#sec-env-or-307.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.07}

(a) An approval to construct issued pursuant to Env-Or 307.06 shall be valid for one year from the date the approval is issued.

(b) If construction pursuant to the approval has not commenced within one year, the approval shall be void.

(c) If construction of the AST system has been initiated but has not been completed within one year of the date of approval issued pursuant to Env-Or 307.06, the owner shall notify the department and request an extension of the approval. The department shall grant a one-year extension if:

(1) Any tank(s) and any underground portion of the piping system(s) that have already been installed conform with the approved plan; and

(2) For any tank(s) and any underground portion of the piping system(s) that have not yet been installed, the approved plans conform to all then-current applicable requirements.

(d) If the owner does not request or qualify for an extension under (c), above, but still wishes to pursue the project, the owner shall submit a new application as specified in Env-Or 307.01.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.08 Construction Pursuant to Approval; Design Changes {#sec-env-or-307.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.08}

(a) No person shall commence construction unless written approval has been received from the department in accordance with Env-Or 307.06(b).

(b) During construction, the owner shall not cause or allow a substantial design change without first obtaining approval of the change from the department.

(c) All substantial design changes shall be approved in writing by the design engineer of record and resubmitted for department approval.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.09 Requirements for AST System Installers {#sec-env-or-307.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.09}

(a) Effective May 28, 2007, only an individual who is certified for AST installation and retrofitting by the International Code Council (ICC) shall supervise the installation of an AST system or AST system component.

(b) Following the installation, the certified installation supervisor shall prepare a written report that contains the following information:

(1) The installation supervisor’s name and ICC AST certification number;

(2) An explanation of how the supervisor oversaw the installation of the AST system or AST system component(s); and

(3) The results of all pressure tests conducted on the installed system and components.

(c) The department shall not grant operation approval under Env-Or 307.06 unless the report documents that the requirements of this chapter have been met.

(d) Individuals who wish to obtain information on obtaining certification for installation and retrofitting may contact the International Code Council (ICC), Los Angeles District Office, 5360 Workman Mill Road, Whittier, California 90601-2298, (800) 423-6587 ext. 3419, http://www.iccsafe.org.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.10 AST System Design Standards {#sec-env-or-307.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.10}

(a) AST systems installed on or after April 25, 1997 shall be located and spaced as specified in Env-Or 305.01(c).

(b) AST systems installed on or after April 25, 1997 shall not be constructed within the floodway portion of the special flood hazard area.

(c) AST systems and associated pipes and distribution equipment installed on or after April 25, 1997 shall not be located along highway curves or otherwise exposed to traffic hazards without suitable protection. For the purposes of this rule, suitable protection means a barrier that will protect the AST system against an impact equal to the design speed of the roadway.

(d) AST systems installed on or after April 25, 1997 shall be physically protected from vehicular collision by fencing, barriers, or bollards, subject to the following:

(1) Bollards shall be spaced no more than 4 feet apart; and

(2) All barriers shall be painted with a reflective paint or be partially covered with a reflective tape.

(e) At any site that did not have an AST system prior to January 21, 2009 at which construction of an AST system is proposed on or after January 21, 2009, no AST system shall be located closer than the applicable distance specified in Table 307-1:

Table 307-1: Minimum Distance from AST System to Water Supply Sources

Contents of AST

PWS Source

Non-Public Water Supply Well

Gasoline

at least 500 feet

at least 250 feet

Heating oil used only for on-premise heating

outside of protective radius

at least 75 feet

Oil other than gasoline used only for on-premise emergency electrical generation

outside of protective radius

at least 75 feet

All other contents

at least 400 feet

at least 75 feet

(f) No AST system shall be added, substantially modified, or replaced within the sanitary protective area of a public water system source.

(g) At any site that did not have an AST system prior to January 21, 2009 at which construction of an AST system is proposed on or after January 21, 2009, no AST system shall be located within 75 feet of surface waters of the state unless it is at a marina, hydro electric facility, or the facility receives oil by way of waterborne transportation.

(h) At any site that had an AST system prior to January 21, 2009, if the minimum separation distance specified in (e) or (g), above, are not met, the addition, substantial modification, or replacement of an AST system shall not decrease the separation distance.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 307.11 Installation of AST Systems {#sec-env-or-307.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 307.11}

(a) AST systems installed on or after April 25, 1997 shall be installed in accordance with the manufacturer’s requirements and national and industry codes as reflected in the plans and specifications approved by the department pursuant to Env-Or 307.05.

(b) Items installed on or after April 25, 1997 for which no manufacturer’s requirements are provided shall be installed according to:

(1) PEI RP 200 for the installation of ASTs used for the refueling of motor vehicles;

(2) PEI RP 300 for the installation of vapor recovery systems;

(3) API 2610 for the installation of bulk oil storage facilities;

(4) API 620 and API 650 for field-erected tanks;

(5) PEI RP 600 for the installation of overfill prevention systems;

(6) PEI RP 800 for the installation of bulk plants; and

(7) PEI RP 1300 for the installation of aviation fueling systems.

(c) Before being placed in service, all tanks and piping, whether new or reconditioned, shall be tested for tightness and inspected in accordance with the requirements specified in API 653 or NFPA 30. Secondary containment for underground piping shall maintain the tightness test pressure for a minimum period of 2-hours after the backfill process has been completed.

(d) Secondary containment liners constructed of natural materials shall be certified as meeting the permeability standard specified in Env-Or 305.08(a) by a New Hampshire-licensed professional engineer based on testing conducted in accordance with ASTM D2434-68, ASTM D2922-04, ASTM D5084-03, or equivalent method.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 308 Removal; Closure; Reuse

N.H. Code Admin. R. Ann. Env-Or 308.01 Removal of AST Systems Required If Not Being Used {#sec-env-or-308.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 308.01}

(a) Subject to (b), below, the owner of an AST system shall clean the AST system as specified in Env-Or 306.14(c) and remove the AST system from the property no later than:

(1) The date on which a shop-fabricated AST system has not had oil introduced to or removed from it for 10 years; or

(2) The date on which a field-erected AST system has not had oil introduced to or removed from it for 15 years.

(b) Removal shall not be required if the owner provides written certification from a certified tank inspector to the department certifying that the AST system meets all standards for new AST systems.

(c) An owner who has dismantled and removed an AST system shall notify the department not later than 30 days after beginning the planned removal, by submitting an amended registration form as described in Env-Or 304.03.

(d) If evidence of soil or groundwater contamination from oil is detected by assessment, observation, or analysis during or as a result of the tank closure, the owner shall notify the department immediately and comply with all applicable requirements of Env-Or 600.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 308.02 Site Assessment After Removal {#sec-env-or-308.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 308.02}

(a) After dismantling and removing an AST system, the owner shall assess the site to determine whether there is soil or groundwater contamination, or both, attributable to the AST system if:

(1) Any tank, valve, pump, or section of piping was in contact with the ground and did not have secondary containment; or

(2) There is evidence that oil has been released from the AST system.

(b) The assessment to determine if any contamination is present shall be performed using the following investigative methods, as applicable:

(1) Test pits shall be excavated or soil borings advanced in the immediate vicinity of the AST system, and representative soil or groundwater samples shall be obtained;

(2) Soil or groundwater samples shall be obtained from the ground surface immediately beneath the tanks, the test pits or soil borings, and beneath the adjacent system piping; and

(3) All existing release detection devices or subsurface monitoring locations shall be sampled.

(c) The soil or groundwater samples shall be screened for the presence of contamination in the field using sensory observation and an organic vapor analyzer.

(d) A subset of those soil and groundwater samples screened which are representative of the conditions found in the vicinity of the AST system that was dismantled and removed, which includes a sample obtained from the same location as the screened sample that contained the highest concentration of volatile organics, shall be submitted to a laboratory accredited pursuant to Env-C 300 for analysis.

(e) The soil and groundwater samples collected pursuant to (d), above, shall be analyzed for:

(1) Volatile organic compounds (VOC) in the water matrix, and VOC and total petroleum hydrocarbons (TPH) as gasoline in the soil matrix, if the system stored gasoline or similar weight product(s);

(2) VOC and polycyclic aromatic hydrocarbons (PAH) in the water matrix, and VOC, PAH, and TPH as fuel oil in the soil matrix, if the system stored diesel fuel, fuel oils, used oil, or similar weight product(s); and

(3) Arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver using the toxicity characteristics leaching procedure (TCLP) as defined in method 1311 of SW-846, “Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods” in the soil matrix if the system stored used oil.

(f) Laboratory analysis methods for the analyses described in (e), above, shall be as specified in Env-Or 600.

(g) Results of the assessments performed under (b) and (c), above, and the laboratory analysis of samples performed under (d) and (e), above, shall be submitted to the department within 60 days of the AST system dismantling.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 308.03 Re-Use and Disposal of Used ASTs {#sec-env-or-308.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 308.03}

(a) An AST that has been removed shall not be reinstalled for the purpose of oil storage unless it meets all applicable standards for new tanks specified in Env-Or 305 at the time the tank is to be installed.

(b) A used AST that meets the standards for new tanks specified in Env-Or 305 may be reinstalled for oil storage only after it has been:

(1) Thoroughly cleaned, both internally and externally;

(2) Inspected after cleaning to determine that it has no pinholes, cracks, structural damage, or corrosion; and

(3) Determined to be structurally sound by a certified AST inspector.

(1) Test the AST for vapors;

(2) Render the AST vapor free, if necessary; and

(3) Punch holes in the AST to make it unfit for storage of liquids.

(d) ASTs and AST systems shall not be reused for the storage of food or potable water.

(e) A tank that was designed for installation as an underground storage tank shall not be installed or used as an AST.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 309 Special Systems

N.H. Code Admin. R. Ann. Env-Or 309.01 Applicability {#sec-env-or-309.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 309.01}

The rules in this part shall apply as follows:

(a) Env-Or 309.02 shall apply to any AST system designed and used to store oil in the solid phase at atmospheric temperature and pressure;

(b) Env-Or 309.03 shall apply to any location where any oil-filled electrical equipment individually contains more than 660 gallons of oil;

(c) Env-Or 309.04 shall apply to any AST system with an oil storage capacity of more than 660 gallons but not more than 1,320 gallons that:

(1) Is included in Env-Or 301.02(a)(1) but not in Env-Or 301.02(a)(2);

(2) Is located at a construction site; and

(3) Is installed and exists only for the specific duration of the construction contract for which it is used, not to exceed one year;

(d) Env-Or 309.05 shall apply to any AST having a capacity of not more than 330 gallons that:

(1) Contains heating oil for on-premise heating only; and

(2) Is at an AST facility that is included in Env-Or 301.02(a); and

(e) Env-Or 309.06 shall apply to use of cargo trucks by industrial enterprises or the military.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 309.02 AST Systems Containing Oil that is a Solid at Atmospheric Temperature and Pressure {#sec-env-or-309.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 309.02}

(a) Any AST system that contains oil that is in the solid phase at atmospheric temperature and pressure shall:

(1) Be registered as specified in Env-Or 304.01;

(2) Be marked as specified in Env-Or 305.03; and

(3) Have a product level gauge as specified in Env-Or 305.11(a).

(b) Any AST facility owner who wishes to construct a new or replacement AST system containing oil that is in the solid phase at atmospheric temperature and pressure shall obtain plan approval in accordance with Env-Or 307.01 through Env-Or 307.05 prior to construction of the AST system.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 309.03 Oil-Filled Electrical Equipment {#sec-env-or-309.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 309.03}

(a) The owner of any location at which any oil-filled electrical equipment individually contains more than 660 gallons of oil shall:

(1) Register with the department in accordance with Env-Or 304.01; and

(2) Prepare and maintain a spill prevention control and countermeasure plan as specified in Env-Or 306.02.

(b) The owner of any location where any oil-filled electrical equipment that was installed on or after April 25, 1997 individually contains greater than 660 gallons of oil shall have:

(1) An impermeable barrier in the soil beneath the oil-filled equipment;

(2) A containment structure, such as a collection sump, that contains and then conveys all liquids to an oil-water separator for collection until treatment can occur;

(3) Some other engineered solution that will prevent a release of oil from the equipment to surface waters or groundwater of the state; or

(4) Operational controls sufficient to identify, manage, respond, and prevent a release of oil to the surface waters or groundwater of the state.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 309.04 Temporary Construction AST Systems {#sec-env-or-309.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 309.04}

(a) The owner of an AST system included in Env-Or 309.01(c), temporary construction AST system, shall:

(1) Register the temporary construction AST system as specified in Env-Or 304.01; and

(2) Include the contract start and completion dates in the registration information.

(b) A temporary construction AST system shall:

(1) Be marked as specified in Env-Or 305.03;

(2) Have secondary containment as specified in Env-Or 305.07;

(3) Be equipped with a gauge as specified in Env-Or 305.11(a); and

(4) Be equipped with either a high level warning alarm as specified in Env-Or 305.11(b) or a mechanically operated automatic fill shut-off valve as specified in Env-Or 305.08(h)(3).

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 309.05 Small AST Systems Containing Heating Oil for On-Premise Heating {#sec-env-or-309.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 309.05}

(a) The owner of an AST included in Env-Or 309.01(d), small AST, shall register the AST system as specified in Env-Or 304.01 through Env-Or 304.04, except that the deadline for registering updates specified in Env-Or 304.03(a) shall be 60 days for these systems.

(b) The small AST and any connected piping shall meet the standards for on-premise-use heating oil tanks specified in NFPA 31.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 309.06 Cargo Truck Use by Industrial Enterprises or the Military {#sec-env-or-309.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 309.06}

(a) The use of cargo trucks by an industrial enterprise or the military shall be authorized, subject to the conditions noted in (b), below, if such use is required to:

(1) Deliver fuel to the fuel tanks of stationary equipment, off-road earthmoving equipment, military tactical vehicles, parked aircraft, or parked refrigeration trailers, provided the cargo truck or trailer shall not be used for on-site storage of oil except as allowed by (2), below; or

(2) To hold oil removed from an AST system during maintenance activities, provided the cargo truck or trailer shall not be used for distribution for end use of the oil.

(b) Except as allowed by (c), below, or as approved by the state fire marshal, cargo trucks and trailers shall not be used to deliver fuel to on-road motor vehicles.

(c) The use of cargo trucks by military personnel to support military vehicles in convoy shall be allowed provided there is an applicable oil spill and response plan, prepared pursuant to 49 CFR 130.31, which requires:

(1) The use of portable flexible containment areas; and

(2) Proper containment and disposal of any spilled oil.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Part Env-Or 310 Waivers

N.H. Code Admin. R. Ann. Env-Or 310.01 Applicability {#sec-env-or-310.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 310.01}

An owner who wishes to obtain a waiver from any rule in this chapter shall request a waiver as specified in Env-Or 310.02.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 310.02 Waiver Requests {#sec-env-or-310.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 310.02}

(a) To request a waiver, the owner shall submit the following in writing to the department:

(1) The name, mailing address, and daytime telephone number of the owner and, if available, a fax number and e-mail address for the owner;

(2) The name, physical address, and registration number of the facility;

(3) The specific rule, by section and paragraph, for which a waiver is being sought;

(4) A full explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

(5) Whether the need for the waiver is temporary, and if so, the estimated length of time that the waiver will be needed;

(6) If applicable, a complete explanation of the alternative that is proposed to be substituted for the requirement in the rule, including written documentation or data, or both, to support the alternative; and

(7) A complete explanation of why the requestor believes that having the waiver granted will meet the criteria in Env-Or 310.03.

(b) The owner shall sign and date the request.

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that any waiver granted based on false, incomplete, or misleading information shall be subject to revocation.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 310.03 Waiver Criteria {#sec-env-or-310.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 310.03}

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting a waiver will not result in an adverse impact on the environment, public health, or public safety that is more significant than that which would result from complying with the rule; and

(2) One or more of the following conditions is satisfied:

a. Granting a waiver is consistent with the intent and purpose of the rule being waived; or

b. Any benefit to the public or the environment is outweighed by the economic and operational consequences of strict compliance with the rule.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify any state statute, unless a waiver is expressly allowed by the statute that would be waived.

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

N.H. Code Admin. R. Ann. Env-Or 310.04 Decision on Waiver Requests; Conditions {#sec-env-or-310.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 310.04}

(a) The department shall notify the requestor of the decision in writing within 60 days of receipt of a request that meets the requirements of Env-Or 310.02.

(b) If the request is denied, the response shall identify the specific reason(s) for the denial.

(c) The department shall include such conditions in a waiver as are necessary to ensure that the criteria of Env-Or 310.03 will be met.

(d) If the need for a waiver is temporary, the waiver shall specify the date on which it will expire.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Regulations Implemented

Env-Or 300 (also see specific sections listed below)

RSA 146-A:1-3, 4, & 5;

RSA 541-A:16, I(b)

40 CFR Part 112

Env-Or 306.04

US DOT HM 181, part HM-126F

Env-Or 306.11

RSA 485-C:4, VIII

40 CFR Part 112

Env-Or 308.01

RSA 485-C:4, VIII

40 CFR Part 112

Env-Or 308.02

RSA 485-C:4, VIII

40 CFR Part 112

Env-Or 310.04

RSA 541-A:22, IV

Appendix B: Incorporation by Reference Information

Rule

Title/ Date

Obtain at:

Env-Or 303.02(a)

Env-Or 305.01(b)(5)

Env-Or 307.11(b)(4)

STD 620 - “Design and Construction of Large Welded Low-Pressure Storage Tanks”, twelfth edition, 2018 (API 620)

American Petroleum Institute

1220 L Street, NW

Washington, DC 20005-4070

(202) 682-8000

https://www.apiwebstore.org/

Env-Or 303.02(b)

Env-Or 305.01(b)(6)

Env-Or 307.11(b)(4)

STD 650 - “Welded Steel Tanks for Oil Storage”, thirteenth edition, 2021 (API 650)

Env-Or 303.02(c)

Env-Or 305.06(a)(1)

RP 651 - “Cathodic Protection of Aboveground Petroleum Storage Tanks”, fourth edition, 2014 (API 651)

Env-Or 303.02(d)

Env-Or 306.09(d)(3)

Env-Or 306.09(e)(1)

Env-Or 306.10(a)

Env-Or 306.13(b)(1)

Env-Or 306.13(b)(3)

Env-Or 307.11(c)

STD 653 - “Tank Inspection, Repair, Alteration, and Reconstruction”, fifth edition, 2023 (API 653)

Env-Or 303.02(e)

Env-Or 305.05(e)(3)

Env-Or 305.06(b)

RP 1615 – “Installation of Underground Petroleum Systems”, sixth edition, 2011 (API 1615)

Env-Or 303.02(f)

Env-Or 305.06(b)

RP 1632 “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems” third edition 1996, reaffirmed December 2010 (API 1632)

Env-Or 303.02(g)

Env-Or 305.01(b)(10)

Env-Or 305.04(a)

Env-Or 306.08(d)(2)

Env-Or 306.08(e)(1)

Env-Or 306.10(a)

Env-Or 306.10(e)

Env-Or 307.11(b)(3)

STD 2610 – “Design, Construction, Operation, Maintenance, and Inspection of Terminal and Tank Facilities”, third edition, 2018 (API 2610)

Env-Or 303.02(h)

Env-Or 306.08(d)(2)

Env-Or 306.08(e)(1)

Env-Or 306.10(a)

Env-Or 306.10(e)

RP 2611 – “Terminal Piping Inspection – Inspection of In-Service Terminal Piping Systems”, first edition, July 2011 (API 2611)

Env-Or 303.03(a)

Env-Or 305.06(b)

SP0169-2024 “Control of External Corrosion on Underground or Submerged Metallic Piping Systems” (NACE SP0169-2024)

Association for Materials Protection and Performance

15835 Park Ten Place

Houston, TX 77084

(281) 228-6200

http://ampp.org

Env-Or 303.03(b)

Env-Or 305.06(a)(1)

SP0285-2021 “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection” (NACE SP0285-2021)

Env-Or 303.04(a)

Env-Or 304.01

Env-Or 304.03(b)(5)

Env-Or 305.01(c)(4)

Env-Or 305.02

Env-Or 305.03(d)(1)

Env-Or 305.04(a)

Env-Or 305.06(b)

Env-Or 305.08(e)

Env-Or 305.08(g)(1)

Env-Or 306.09(d)(4)

Env-Or 305.11(e)(2)

Env-Or 306.13(b)(3)

Env-Or 307.11(c)

NFPA 30 “Flammable and Combustible Liquids Code” (NFPA 30)

National Fire Protection Association

1 Batterymarch Park

Quincy, MA 02169-7471

(800) 344-3555

http://www.nfpa.org

Env-Or 303.04(b)

Env-Or 304.01

Env-Or 305.01(c)(1)

Env-Or 305.02

NFPA 30A “Code for Motor Fuel Dispensing Facilities and Repair Garages” (NFPA 30A)

Env-Or 303.04(c)

Env-Or 304.01

Env-Or 305.01(c)(2)

Env-Or 305.02

Env-Or 305.08(g)(1)

Env-Or 309.05(b)

NFPA 31 “Standard for the Installation of Oil-Burning Equipment” (NFPA 31)

Env-Or 303.04(d)

Env-Or 305.01(c)(3)

NFPA 110 – “Standard for Emergency and Standby Power Systems” (NFPA 110)

Env-Or 303.05(a)

Env-Or 305.01(b)(7)

Env-Or 307.11(b)(1)

“RP200 Installation of Aboveground Storage Systems” 2024 (RP200-24)

Petroleum Equipment Institute

6514 E. 69^th Street

Tulsa, OK 74133

(918) 494-9696

http://pei.org

Env-Or 303.05(b)

Env-Or 305.01(b)(8)

Env-Or 307.11(b)(2)

“RP300 Installation and Testing of Vapor-Recovery Systems” 2019 (RP300-19)

Env-Or 303.05(c)

Env-Or 307.11(b)(5)

“RP600 Overfill Prevention for ASTs” 2018 (RP600-18)

Env-Or 303.05(d)

Env-Or 305.01(b)(9)

Env-Or 307.11(b)(6)

“RP800 Design and Installation of Bulk Storage Plants” 2020 (RP800-20)

Env-Or 303.05(e)

Env-Or 307.11(b)(7)

“RP1300 Aviation Fueling Systems” 2020 (RP1300-20)

Env-Or 303.06

Env-Or 306.08(d)(2)

Env-Or 306.08(e)(1)

Env-Or 306.09(d)(3)

Env-Or 306.09(e)(1)

Env-Or 306.10(a)

Env-Or 306.10(e)

Env-Or 306.13(b)(3)

SP001 “Standard for the Inspection of Aboveground Storage Tanks”, seventh edition, 2024 (SP001)

Steel Tank Institute and

Steel Plate Fabricators Assn

955 Donata Court

Lake Zurich, IL 60047

(847) 438-8265

https://www.steeltank.com/

Appendix C - Statutory Definitions

RSA 146-A:2:

I-a. “Discharge” or “spillage” means the release or addition of any oil to land, groundwater or surface water;

III. “Oil” means petroleum products and their by-products of any kind, and in any form including, but not limited to, petroleum, fuel, sludge, crude, oil refuse or oil mixed with wastes and all other liquid hydrocarbons regardless of specific gravity and which are used as motor fuel, lubricating oil, or any oil used for heating or processing. The term “oil” shall not include natural gas, liquified petroleum gas or synthetic natural gas regardless of derivation or source;

VI. “Person” shall mean individual, partnership, joint venture, corporation, association or any group of the foregoing or the United States of America, any agency thereof and any other legal entity;

IX. “Facility” means a location, including structures or land, at which oil is subjected to treatment, storage, processing, refining, pumping, transfer, or collection;

XIV. “Qualified facility” means a facility:

(a) That has had no single discharge exceeding 1,000 gallons or no 2 discharges each exceeding 42 gallons, other than discharges that are the result of natural disasters, acts of war, or terrorism;

(b) That has an aggregate aboveground oil storage capacity of 5,000 gallons or less, of which not more than 660 gallons is for storage of gasoline; and

(c) For which preparation of a spill prevention, control, and countermeasure (SPCC) plan does not necessitate the practice of engineering as defined in RSA 310-A:2, III.

RSA 153:1:

VI-a. "New Hampshire fire code" or "state fire code" means the adoption by reference of the Life Safety Code, NFPA 101, 2018 edition, and the Uniform Fire Code NFPA 1, 2018 edition, as published by the National Fire Protection Association and as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5. The provisions of any other national code, model code, or standard referred to within a code listed in this definition shall be included in the state fire code unless amended in accordance with RSA 153:5.

RSA 310-A:2:

III. "Practice of engineering'' means any professional service or creative work requiring education, training, experience, and the application of advanced knowledge of mathematics and physical sciences, involving the constant exercise of discretion and judgment, to such services or work as consultation, investigation, evaluation, planning, design, responsible oversight of construction, and responsible oversight of operation, in connection with any public or private utilities, structure, buildings, machines, equipment, processes, works, or projects, wherein the public welfare, or the safeguarding of life, health, or property is concerned.

RSA 485:1-a:

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

RSA 485-A:2:

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

Appendix D - CFR Definition

44 CFR 59.1:

Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Appendix E: Compliance Deadlines Required by Env-Wm 1402 as effective May 28, 2005

Rule § / ¶

Requirement

Systems with extended compliance deadline

Compliance Deadline

1402.35(a)

Secondary containment for all AST systems and all underground and over water piping

Systems installed prior to May 28, 2005

Within 3 years of effective date of rules ( i.e. , no later than May 28, 2008)

1402.35(d)

All requirements in Env-Wm 1402

On-premise-use heating oil systems that existed on May 28, 2005 that were newly regulated due to the exemption in Env-Wm 1402.02(b)(1) being lowered from 10,000 gallons to 1,320-gallons

Within 3 years of effective date of rules ( i.e. , no later than May 28, 2008)

1402.29(f)

Interior inspections (including means of accessing interior)

Existing ASTs greater than 5,100 gallons that were not equipped with a manhole or other manufactured means of accessing the interior of the tank

Install means of entry and conduct initial inspection by the later of the date determined pursuant to 1402.29(d) or within 3 years of the effective date of rules ( i.e. , no later than May 28, 2008)

History

(See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24

Chapter Env-Or 400 Underground Storage Tank Facilities

Part Env-Or 401 Purpose; Applicability; Federal Regulations

N.H. Code Admin. R. Ann. Env-Or 401.01 Purpose {#sec-env-or-401.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 401.01}

The purpose of this chapter is to prevent and minimize contamination of the land and waters of the state due to the improper storage and handling of regulated substances, including motor fuels, heating oils, lubricating oils, other fluids containing or contaminated by petroleum, and hazardous substances, by establishing criteria and procedures for the registration and permitting required by RSA 146-C and standards for the design, installation, operation, maintenance, and monitoring of underground storage tank facilities.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 401.02 Applicability {#sec-env-or-401.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 401.02}

Subject to the exclusions listed in Env-Or 401.03, this chapter shall apply to any underground storage tank (UST) facility at which any individual tank has a capacity of greater than 110 gallons, or is of unknown capacity, that stores or has stored any regulated substance.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 401.03 Exclusions {#sec-env-or-401.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 401.03}

The following shall not be subject to regulation under this chapter:

(a) Any UST facility that is used solely for heating a residential building;

(b) Any UST facility at which:

(1) No tank has a storage capacity of more than 1,100 gallons; and

(2) All tanks are used solely for the storage of heating oil for on-premise heating use;

(c) Any storage system where less than 10% of the total volume of the tank(s) and associated piping is below the surface of the ground;

(d) Any storage system that is located in an underground room or vault if:

(1) Each tank and all associated piping are totally above or upon the surface of the floor;

(2) No portion of any tank is covered, surrounded, or buried with soil, stone, or other material; and

(3) All components can be visually inspected;

(e) Any tank or oil water separator that is used in an emergency spill or overflow containment system, provided the tank is emptied at or otherwise taken to a facility that is legally authorized to receive such oil within 48 hours after the emergency use has ended;

(f) Equipment or machinery that contains regulated substances for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;

(g) Oil-transmission pipelines subject to the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979;

(h) Oil/water separators at wastewater treatment facilities regulated under the Clean Water Act Section 402 or 307(b);

(i) Septic tank systems or floor drain collection tank systems that collect waste for the purpose of segregating the collected wastes from septic systems;

(j) Any flow-through process system that is integral to the operation of equipment, such as manufacturing process equipment, elevators, trash compactors, and vehicle lifts, through which there is a steady, variable, recurring, or intermittent flow of one or more regulated substances during the operation of the equipment, exclusive of any tank(s) or tank system(s) used for the storage of regulated substances prior to their introduction into the production process or for the storage of finished products or by-products from the production process;

(k) Any facility that is regulated under the Atomic Energy Act of 1954 because it contains radioactive material, provided that the UST system meets the installation requirements of 40 CFR 280.11; and

(l) Any UST facility that stores products containing one or more regulated substances in concentrations that are below the applicable allowable drinking water standard for the regulated substance.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 401.04 Date of Incorporated Federal Regulations {#sec-env-or-401.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 401.04}

Unless otherwise specified, references to 40 CFR within this chapter shall be to the 07-01-17 edition.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 402 Definitions

N.H. Code Admin. R. Ann. Env-Or 402.01 Airport hydrant fuel distribution system {#sec-env-or-402.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.01}

“Airport hydrant fuel distribution system” means a UST system that fuels aircraft and operates under high pressure with large diameter piping that begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier, and terminates at one or more hydrants, also known as fill stands.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.02 Annually {#sec-env-or-402.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.02}

“Annually” means at least once in each calendar year, but not later than 12 months after the prior annual event.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.02) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.03 As-built record drawing {#sec-env-or-402.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.03}

“As-built record drawing” means one or more plans that clearly depict the actual location of all components and the specifications of all components of a new UST facility or a substantially modified UST facility.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 401.01)(See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.04 Auxiliary tank {#sec-env-or-402.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.04}

“Auxiliary tank” means a day tank installed in the supply piping between a heating oil burning device and the UST that supplies it, is an integral component of the piping system, and is a UL 443 tank not exceeding 60 gallons in capacity.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.05 Backfilling {#sec-env-or-402.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.05}

“Backfilling” means the process of surrounding and covering tanks, piping, and associated components after they have been installed with the type of material, such as sand or crushed stone, required by the specifications of the manufacturer of the installed equipment or, if none, the specifications shown on the approved plans.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.03) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.06 Cathodic protection system {#sec-env-or-402.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.06}

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.04) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.07 Cathodic protection tester {#sec-env-or-402.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.07}

“Cathodic protection tester” means an individual who is certified by NACE International, the Steel Tank Institute, or the International Code Council as being qualified to evaluate the effectiveness of cathodic protection of buried metal tanks and piping systems.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.05) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.08 Certified tank installer {#sec-env-or-402.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.08}

“Certified tank installer” means an individual who is certified by:

(a) The International Code Council in UST system installation/retrofitting; and

(b) The equipment manufacturer as being qualified in the installation of the manufacturer’s equipment or individual system components.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.06) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.09 Certified tank remover {#sec-env-or-402.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.09}

“Certified tank remover” means an individual who is certified by the International Code Council in UST system decommissioning and who has knowledge of federal UST regulations and industry standards.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.07) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.10 Compatible {#sec-env-or-402.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.10}

“Compatible” means the ability of 2 or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the UST system in which they come in contact, under conditions likely to be encountered in the UST system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.08) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.11 Connected piping {#sec-env-or-402.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.11}

“Connected piping” means the entirety of a piping system that is attached to a tank or storage system through which regulated substances can flow.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.09) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.12 Containment sump {#sec-env-or-402.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.12}

“Containment sump” means a liquid-tight container, with or without secondary containment, that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area. The term includes containment sumps located:

(a) At the top of the tank, known as tank top or submersible turbine pump sumps;

(b) Underneath the dispenser, known as under-dispenser containment sumps, dispenser sumps, and under-dispenser sumps; and

(c) At other points in the piping run, known as piping sumps, transition sumps, intermediate sumps, low-point sumps, and piping vaults.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.13 Corrosion expert {#sec-env-or-402.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.13}

“Corrosion expert” means an individual who is:

(a) Accredited or certified by NACE International as a corrosion specialist or cathodic protection specialist; or

(b) A registered professional engineer with certification or licensing that includes education and experience in corrosion control of buried metal piping systems and metal tanks.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.10) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.14 Day tank {#sec-env-or-402.14 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.14}

“Day tank” means a tank installed in the supply piping between a heating oil or motor fuel burning device and the UST that supplies it, that is an integral component of the piping system.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.15 Department {#sec-env-or-402.15 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.15}

“Department” means the department of environmental services.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.11) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.16 Discharge {#sec-env-or-402.16 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.16}

“Discharge” means “discharge” as defined in RSA 146-C:1, II, reprinted in Appendix C.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.17 Excavation zone {#sec-env-or-402.17 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.17}

“Excavation zone” means the empty volume remaining after a UST system and surrounding material are removed.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.12) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.18 Existing facility {#sec-env-or-402.18 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.18}

“Existing facility” means “existing facility” as defined in RSA 146-C:1, IV, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.13) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.19 Facility {#sec-env-or-402.19 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.19}

“Facility” means “facility” as defined in RSA 146-C:1, V, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.14) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.20 Fittings {#sec-env-or-402.20 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.20}

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.15) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.21 Field-erected tank {#sec-env-or-402.21 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.21}

“Field-erected tank” means a UST that is built on-site by joining separate components and is not pre-fabricated. The term includes field-constructed tanks.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.22 Heating oil {#sec-env-or-402.22 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.22}

“Heating oil” means oil, other than used oil, that is:

(a) No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No. 6-technical grade of fuel oil;

(b) Any other residual fuel oil, such as Navy Special Fuel Oil or Bunker C oil; or

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.16) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.23 Hydrant pit {#sec-env-or-402.23 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.23}

“Hydrant pit” means a liquid-tight container that protects the environment in the containment area for fueling aircraft at an airport hydrant fuel distribution system by containing leaks and spills of regulated substances from piping, dispensers, dispensing connections, pumps, and related components, that can serve as both a containment sump for underground piping and spill containment for fuel transfers to aircraft.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.24 Hydrostatic tightness test {#sec-env-or-402.24 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.24}

“Hydrostatic tightness test” means a test designed to evaluate the tightness of a UST system component that uses pressure of liquid.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.17) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.25 Impressed current system {#sec-env-or-402.25 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.25}

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.18) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.26 Leak monitoring system {#sec-env-or-402.26 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.26}

“Leak monitoring system” means all of the equipment installed to detect any escape of a regulated substance from a UST system before the regulated substance can reach the ambient environment, including but not limited to sensors, consoles, and all associated connections.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.19) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.27 Lining {#sec-env-or-402.27 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.27}

“Lining” means a coating of non-corrosive material bonded to the interior surface of a tank.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.20) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.28 Liquid-tight {#sec-env-or-402.28 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.28}

“Liquid-tight” means no liquid can enter or be released.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.21) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.29 Listed release detection equipment {#sec-env-or-402.29 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.29}

“Listed release detection equipment” means release detection equipment that has been evaluated in accordance with a nationally-approved protocol by an independent testing laboratory and demonstrated to meet the specified evaluation criteria at the specified probability of detection and probability of false alarm.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.22) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.30 Listed test method {#sec-env-or-402.30 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.30}

“Listed test method” means a test method that has been evaluated in accordance with a nationally-approved protocol by an independent testing laboratory and demonstrated to meet the specified detection criteria at the specified probability of detection and probability of false alarm.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.23) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.31 Marina {#sec-env-or-402.31 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.31}

“Marina” means a waterfront facility whose principal purpose is to provide watercraft-related services such as the securing, launching, storing, fueling, servicing, and repairing of watercraft.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.24) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.32 Monthly {#sec-env-or-402.32 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.32}

“Monthly” means once every calendar month, but not sooner than 23 days after and not later than 31 days after the date in the prior month on which the event in question occurred.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.25) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.33 Motor fuel {#sec-env-or-402.33 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.33}

“Motor fuel” means oil that is used to fuel an internal combustion engine. The term includes, but is not limited to, motor gasoline, aviation gasoline, jet fuel, number 1 or 2 diesel fuel, or any blend containing one or more of these substances.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.26) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.34 New facility {#sec-env-or-402.34 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.34}

“New facility” means “new facility” as defined in RSA 146-C:1, X, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.27) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.35 New UST site {#sec-env-or-402.35 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.35}

“New UST site” means a parcel of land where no regulated UST system has existed and on which the installation of a UST system is proposed.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.28) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.36 Non-public water system {#sec-env-or-402.36 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.36}

“Non-public water system” means a water system that is not a public water system as defined in RSA 485:1-a, XV, reprinted in Appendix C. The term includes all systems designed and intended to provide piped water, regardless of whether the water is used for human consumption, irrigation, or any other purpose. The term does not include a system that provides piped water in a closed loop or that otherwise is configured such that it is impossible for the water to be used on crops or consumed by humans or domestic animals.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13

N.H. Code Admin. R. Ann. Env-Or 402.37 Oil {#sec-env-or-402.37 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.37}

“Oil” means “oil” as defined in RSA 146-A:2, III, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.29) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.38 Oil-water separator {#sec-env-or-402.38 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.38}

“Oil-water separator” means a tank system designed to separate oil from mixtures of oil and water.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13

N.H. Code Admin. R. Ann. Env-Or 402.39 On-premise use {#sec-env-or-402.39 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.39}

“On-premise use” with respect to heating oil means oil used only to heat the structures at the facility at which the UST system is located.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.31) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.40 Operate {#sec-env-or-402.40 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.40}

“Operate” means to manage a UST system in which a regulated substance is or is intended to be stored.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.31) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.41 Operating day {#sec-env-or-402.41 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.41}

“Operating day” means a 24-hour period in which any regulated substance has been put into, stored in, or removed from a UST system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.32) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.42 Operator {#sec-env-or-402.42 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.42}

“Operator” means “operator” as defined in RSA 146-C:1, XIII, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.33) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.43 Owner {#sec-env-or-402.43 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.43}

“Owner” means “owner” as defined in RSA 146-C:1, XIV, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.34) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.44 Person {#sec-env-or-402.44 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.44}

“Person” means “person” as defined in RSA 146-C:1, XIV-a, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.35) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.45 Piping {#sec-env-or-402.45 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.45}

“Piping” means an impermeable hollow cylinder or tubular conduit that conveys or transports liquids or vapors, or that is used for venting, filling, or removing liquids or vapors from a tank. The term includes pipe.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.36) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.46 Piping system {#sec-env-or-402.46 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.46}

“Piping system” means pipes and all connected fittings, pumps, monitors, secondary containment, auxiliary tanks, day tanks, dispensing equipment, and any other components associated with the conveying, venting, filling, or dispensing of a stored substance or vapors of the stored substance in a UST or UST system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.37) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.47 Pneumatic tightness test {#sec-env-or-402.47 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.47}

“Pneumatic tightness test” means a test designed to evaluate the tightness of a UST system or component that uses positive or negative gauge pressure of air.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.38) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.48 Public water system {#sec-env-or-402.48 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.48}

“Public water system” means “public water system” as defined in RSA 485:1-a, XV, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.39) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.49 Regulated substance {#sec-env-or-402.49 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.49}

“Regulated substance” means, as applicable:

(a) Oil;

(b) A hazardous substance as defined in RSA 146-C:1, VII-a, reprinted in Appendix C; or

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.40) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.50 Release {#sec-env-or-402.50 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.50}

“Release” means, as applicable:

(a) “Discharge” as defined in RSA 146-C:1, II, reprinted in Appendix C;

(b) A leak from any primary containment into secondary containment; or

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.41) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.51 Release detection {#sec-env-or-402.51 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.51}

“Release detection” means the process and equipment used to determine whether a release of a regulated substance has occurred.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.42) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.52 Repair {#sec-env-or-402.52 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.52}

“Repair” means to restore a component of a UST system, including but not limited to a tank, piping, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, containment sump, or release detection equipment, to its original design function.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.43) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.53 Replace {#sec-env-or-402.53 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.53}

“Replace” means to remove a component of an existing UST system, including but not limited to a tank, piping, sump, spill containment equipment, overfill prevention equipment, corrosion protection equipment, containment sump, or release detection equipment, and then install a component to serve the same design function as the removed component.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.54 Residential building {#sec-env-or-402.54 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.54}

“Residential building” means “residential building” as defined in RSA 146-C:1, XV, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.44) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.55 Sacrificial anode system {#sec-env-or-402.55 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.55}

“Sacrificial anode system” means a type of cathodic protection system that uses zinc or magnesium anodes buried in the ground close to the metal surface that are connected to the surface being protected by a wire.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.45) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.56 Secondary containment {#sec-env-or-402.56 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.56}

“Secondary containment” means a release prevention and leak monitoring system for a tank or piping that prevents a regulated substance that has escaped from the primary containment system from reaching the ambient environment.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.46) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.57 Sensor {#sec-env-or-402.57 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.57}

“Sensor” means a device that is intended to be activated by contact with a liquid such as water, a regulated substance, or product, as applicable. The term includes discriminating sensor.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.58 Spill containment {#sec-env-or-402.58 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.58}

“Spill containment” means a liquid-tight container, with or without secondary containment, that protects the environment by containing leaks and spills of regulated substances during the transfer or delivery of regulated substances to or from any UST, which can be located at the top of the tank or at a remote fill or stage I connection point. The term includes spill bucket and vapor bucket.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.59 Stage I system {#sec-env-or-402.59 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.59}

“Stage I system” means the equipment installed to recover gasoline vapors displaced from a gasoline storage tank during gasoline delivery and feed the vapors back into the cargo truck.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.47) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.60 Stage II system {#sec-env-or-402.60 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.60}

“Stage II system” means the equipment installed at a gasoline dispensing facility to recover gasoline vapors displaced from a motor vehicle fuel tank during refueling of the motor vehicle and feed the vapors to the facility’s gasoline storage tank.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.48) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.61 Storage system {#sec-env-or-402.61 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.61}

“Storage system” means one or more tanks with the connected piping system in which any regulated substance is or is intended to be stored.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.49) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.62 Substantial modification {#sec-env-or-402.62 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.62}

“Substantial modification” means “substantial modification” as defined in RSA 146-C:1, XVI, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.50) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.63 Substantially modified facility {#sec-env-or-402.63 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.63}

“Substantially modified facility” means a UST facility that has undergone a substantial modification.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.51) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.64 Surface waters of the state {#sec-env-or-402.64 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.64}

“Surface waters of the state” means “surface waters of the state” as defined by RSA 485-A:2, XIV, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.52) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.65 Tank {#sec-env-or-402.65 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.65}

“Tank” means a stationary device constructed of impermeable material(s) that is designed to, or that actually does, contain regulated substances.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.53) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.66 Transfer operator {#sec-env-or-402.66 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.66}

“Transfer operator” means the individual who is controlling the flow of a regulated substance to or from a UST system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.54) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.67 Triennially {#sec-env-or-402.67 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.67}

“Triennially” means at least once in each 3-calendar-year period, but not later than 36 months after the prior triennial event.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.55) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.68 Underground storage tank (UST) {#sec-env-or-402.68 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.68}

“Underground storage tank (UST)” means a tank that is a component of an underground storage tank system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.56) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.69 Underground storage tank facility (UST facility) {#sec-env-or-402.69 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.69}

“Underground storage tank facility (UST facility)” means “underground storage facility” as defined in RSA 146-C:1, XVIII, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.57) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.70 Underground storage tank system (UST system) {#sec-env-or-402.70 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.70}

“Underground storage tank system (UST system)” means one or more USTs and the connected piping system, that is used or is intended to be used to contain a regulated substance or vapors of the regulated substance.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.58) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.71 Unusual operating condition {#sec-env-or-402.71 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.71}

“Unusual operating condition” means any condition, equipment deficiency, or occurrence that results in a release of a regulated substance, indicates the possibility of a system leak, or creates a reasonable expectation that a system leak is imminent. Examples of unusual operating conditions are listed in Env-Or 406.04(b).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.59) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 402.72 Used oil {#sec-env-or-402.72 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 402.72}

“Used oil” means an oil that, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 402.60) (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 403 Reference Standards

N.H. Code Admin. R. Ann. Env-Or 403.01 Availability and Applicability of Reference Standards {#sec-env-or-403.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.01}

(a) The department shall have at least one copy of each reference standard identified in this part available for inspection by the public at its offices at 29 Hazen Drive, Concord, New Hampshire.

(b) The reference standards also may be obtained directly from the source, as listed in Env-Or 403.02 through Env-Or 403.07 and in Appendix B.

(c) In the event that any of the applicable reference standards conflict with this chapter or with each other, the requirement that is more protective of the environment shall apply.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 403.02 American Petroleum Institute {#sec-env-or-403.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.02}

The following standards from the American Petroleum Institute (API), 1220 L Street, NW, Washington, DC 20005-4070, (202) 682-8000, http://www.api.org, which are available as noted in Appendix B, shall apply if and as applicable:

(a) RP 1604, “Closure of Underground Petroleum Storage Tanks,” 1996 edition (API RP 1604);

(b) RP 1615, “Installation of Underground Petroleum Storage Systems,” 2011 edition (API RP 1615);

(d) RP 1632, “Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems,” 1996 edition (API RP 1632); and

(e) STD 2015, “Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks,” 2001 edition (API STD 2015).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 403.03 ASME International {#sec-env-or-403.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.03}

The following standards from ASME International (ASME), 22 Law Drive, P.O. Box 2900, Fairfield, NJ, 07007-2900, (800) 843-2763, http://www.asme.org, which are available as noted in Appendix B, shall apply if and as applicable:

(a) ASME B31.3, “Process Piping,” 2010 edition (ASME B31.3); and

(b) ASME B31.4, “Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids,” 2009 edition (ASME B31.4).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 403.04 Fiberglass Tank and Pipe Institute {#sec-env-or-403.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.04}

The following standards from the Fiberglass Tank and Pipe Institute (FTPI), 8252 S. Harvard Avenue, Suite 102, Tulsa, OK 74137, (918) 809-6292, http://www.fiberglasstankandpipe.com, which is available as noted in Appendix B, shall apply if and as applicable:

(a) Recommended Practice T-95-02, “Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks,” 1995 edition (FTPI T-95-02).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 403.05 NACE International {#sec-env-or-403.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.05}

The following standards from NACE International, 1440 South Creek Drive, Houston, TX 77084-4906, (281) 228-6223, http://www.nace.org, which is available as noted in Appendix B, shall apply if and as applicable:

(a) Standard Number SP-0285-2011 (formerly RP0285-2002), “Corrosion Control of Underground Storage Tank Systems by Cathodic Protection,” 2011 edition (NACE SP0285).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 403.06 National Fire Protection Association {#sec-env-or-403.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.06}

(a) Subject to (b), below, the following standards from the National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, MA 02169-7471, (800) 344-3555, http://www.nfpa.org, which are available as noted in Appendix B, shall apply if and as applicable:

(1) NFPA 30, “Flammable and Combustible Liquids Code” (NPFA 30);

(2) NFPA 30A, “Motor Fuel Dispensing Facilities and Repair Garages” (NPFA 30A);

(3) NFPA 31, “Standard for the Installation of Oil-Burning Equipment” (NPFA 31);

(4) NFPA 37, “Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines”;

(5) NFPA 70, “National Electrical Code”;

(6) NFPA 110, “Standard for the Emergency and Standby Power Systems”;

(7) NFPA 303, “Marinas and Boatyards”; and

(8) NFPA 329, “Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases” 2015 Edition (NPFA 329).

(b) Unless otherwise specified above, the edition referenced by the state fire code as defined by RSA 153:1,VI-a shall apply.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 403.07 Petroleum Equipment Institute {#sec-env-or-403.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 403.07}

The following standards from the Petroleum Equipment Institute (PEI), P.O. Box 2380, Tulsa, OK 74101-2380, (918) 494-9696, http://pei.org, which are available as noted in Appendix B, shall apply if and as applicable:

(a) RP 100, “Recommended Practices for Installation of Underground Liquid Storage Systems,” 2017 edition (PEI RP 100);

(b) RP 300, “Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,” 2009 edition (PEI RP 300);

(d) RP 700, “Recommended Practices for Design and Maintenance of Fluid Distribution Systems at Vehicle maintenance Facilities,” 2014 edition (PEI RP 700);

(e) RP 800, “Recommended Practices for Installation of Bulk Storage Plants,” 2008 edition (PEI RP 800);

(f) RP 900, “Recommended Practices for Inspection and Maintenance of UST Systems,” 2017 edition (PEI RP 900);

(g) RP 1000, “Recommended Practices for the Installation of Marina Fueling Systems”, 2014 edition (PEI RP 1000);

(h) RP 1200, “Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities”, 2012 edition (PEI RP 1200);

(i) RP 1300, “Recommended Practices for the Design, Installation, Service, Repair and Maintenance of Aviation Fueling Systems,” 2013 edition (PEI RP 1300); and

(j) RP 1400, “Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems”, 2014 edition (PEI RP 1400).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 404 Registration; Permit to Operate; Required Notifications and Records; Financial Responsibility

N.H. Code Admin. R. Ann. Env-Or 404.01 Registration {#sec-env-or-404.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.01}

(a) As required by RSA 146-C:3, the owner of a UST facility shall register the facility with the department by providing the information required by RSA 146-C:3, I and II, reprinted in Appendix D, in a report generated by the owner, on a form available from the department, or on any other document containing the required information.

(b) The owner of a UST facility also shall provide the information required by Env-Or 404.04 with the information submitted pursuant to (a), above.

(d) As required by RSA 146-C:3, III, the owner of a registered UST facility shall submit in writing to the department any change in the information required by RSA 146-C:3, I or II within 10 days of the change, provided that if the ownership of the facility changes, the new owner shall submit a new registration to the department as specified in Env-Or 404.10.

(e) If facility ownership is disputed, the owner of the property on which the facility is located shall:

(1) Be deemed to be the facility owner; and

(2) Register the facility by providing the information required by (a) and (b), above.

(f) For new systems or substantial modifications of existing systems, a new or amended registration, respectively, shall be filed with the department at the time of final inspection of the system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.02 Change from Use Not Previously Covered to Covered Use {#sec-env-or-404.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.02}

The owner of any location that would become subject to regulation under Env-Or 400 due to a change in the use of any structures that are equivalent to a storage system at the location shall:

(a) Register the location as a facility at least 30 days prior to changing the use of the system; and

(b) Comply with all applicable requirements before instituting the changed use.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.03 Change in Product {#sec-env-or-404.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.03}

The owner of any facility at which the product stored in any storage system at the facility is intended to be changed from a regulated substance having a Reid vapor pressure of less than 4.0 pounds per square inch (psi) to one having a Reid vapor pressure greater than 4.0 psi, or vice versa, or to any regulated substance having greater than 10% ethanol or greater than 20% but less than 100% biodiesel, shall:

(a) Register the facility at least 30 days prior to changing the product stored in the system; and

(b) Comply with all applicable requirements of this chapter, RSA 146-C, and Env-Or 500 before changing the product stored.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.04 Additional Information Required for Registration {#sec-env-or-404.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.04}

In addition to the information required by RSA 146-C:3, the following shall be submitted to register each UST facility:

(a) The type of owner, such as federal government, state government, local government, commercial, or private;

(b) The type of facility, such as gas station, petroleum distributor, air taxi, aircraft owner, auto dealership, railroad, local government, state government, federal non-military, federal-military, commercial, industrial, contractor, trucking/transportation, utilities, farm, school, hospital, marina, residential, or other;

(c) The name, email address if any, mailing address, and daytime telephone number including area code of the owner of the property on which the facility is located, if other than the owner of the facility;

(d) The name, email address if any, mailing address, and daytime telephone number including area code of the owner of the regulated substance(s) stored in the UST system(s), if other than the owner of the facility;

(e) The number of tanks permanently closed, and the date of such closure for each tank;

(f) The number of tanks temporarily closed, and the date of such closure for each tank;

(g) The owner’s certification as specified in Env-Or 404.05(b);

(h) Proof of financial responsibility as specified in Env-Or 404.12;

(i) For installations subject to Env-Or 407.01, final certification by a New Hampshire licensed professional engineer or the certified tank installer that the installation has been completed and is in accordance with the department’s approved plans or as-built record drawings and all terms and conditions of the department’s approval; and

(j) The type of regulated substance stored, and if the regulated substance:

(1) Includes ethanol, the percentage of ethanol if greater than 10%; and

(2) Includes biodiesel, the percentage of biodiesel if greater than 20% but less than 100%.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.03) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.05 Signature Required {#sec-env-or-404.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.05}

(a) The UST facility owner shall sign and date the registration.

(b) The owner’s signature shall constitute certification that:

(1) The owner has personally examined and is familiar with the information submitted in or with the registration;

(2) Based on the owner’s inquiry of those individuals immediately responsible for obtaining the information, the owner believes that the submitted information is true, accurate and complete; and

(3) The owner understands that he or she is subject to the penalties for falsification in official matters, currently established in RSA 641.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.04) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.06 Permit to Operate Required {#sec-env-or-404.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.06}

As specified in RSA 146-C:4, I, no person shall operate a UST facility without a permit issued by the department.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.05) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.07 Obtaining a {#sec-env-or-404.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.07}

Permit to Operate.

(a) The owner of a UST facility shall apply to the department for a permit to operate by providing the following:

(1) All information required for registration specified in Env-Or 404.01(a) and (b);

(2) A stage I/stage II notification and system test report as required by Env-Or 500; and

(3) As required by RSA 146-C:17, II(b), the identity of each class A and class B operator.

(b) When a registration that contains everything required by (a), above, is received, the department shall determine whether the facility is in compliance with the applicable requirements in Env-Or 400, Env-Or 500, Env-Or 600, Env-Or 700, and RSA 146-C.

(c) As required by RSA 146-C:4, II, the department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information.

(d) The department shall issue a permit to operate unless the facility is not in compliance with all applicable requirements of Env-Or 400, Env-Or 500, Env-Or 600, Env-Or 700, and RSA 146-C.

(e) If the department determines that the facility is not in compliance with Env-Or 400, Env-Or 500, Env-Or 600, Env-Or 700, and RSA 146-C, it shall notify the applicant of its decision in a written notice that specifies the reason(s) why the permit has been denied.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.06) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.08 Display, Applicability, and Validity of Permit to Operate {#sec-env-or-404.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.08}

(a) As required by RSA 146-C:4, II, a permit issued under this part shall be displayed on the premises of the UST facility at all times. The permit shall be permanently affixed on the premises in a location that is visible to a department inspector during a routine inspection.

(b) The permit to operate shall apply to all UST systems at the facility.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.07) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.09 Records to be Maintained {#sec-env-or-404.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.09}

(a) The owner shall retain all documents describing or otherwise related to each UST system at the facility, including but not limited to:

(1) Manufacturer's warranties;

(2) Inventory;

(3) Installations of all systems, including date and identification of the contractor;

(4) Test reports;

(5) Closure or removal of a system, including date, identification of the contractor, and reports of all tests and site evaluations conducted in conjunction with the closure or removal such as the report required by Env-Or 408.10;

(6) Any tank lining done subsequent to installation;

(7) A description of all monitoring procedures, including frequency;

(8) Reports of all groundwater sampling and analysis performed at the facility;

(9) Reports of all site assessments;

(10) Equipment maintenance, including frequency, procedure performed, and identification of who performed the maintenance;

(11) Repairs or other modifications, including a description of the repair or modification, the date, and identification of the contractor;

(12) Compliance history, including copies of all compliance-related correspondence from or to the department;

(13) Financial responsibility as required by Env-Or 404.12;

(14) Compatibility of UST systems and system components as required by Env-Or 404.02(b), Env-Or 405.01(h)-(i), and Env-Or 405.02(j); and

(15) Any other records required to be maintained or posted by this chapter or RSA 146-C.

(b) The documents required by (a), above, shall be maintained so as to be available to a department inspector during a routine inspection.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.08) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.10 Transfer of Facility Ownership {#sec-env-or-404.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.10}

(a) As required by RSA 146-C:6, when ownership of a UST facility is transferred, the new owner shall notify the department of the transfer and assume the permit issued to the previous owner.

(b) The notification required by (a), above, shall:

(1) Be filed with the department within 10 days of the transfer; and

(2) Consist of:

a. An amended registration; and

b. A statement identifying each class A and class B operator, as required by RSA 146-C:17.

(c) As also required by RSA 146-C:6, when ownership of a UST facility is transferred, the owner who is transferring ownership shall notify the new owner of whether the facility is in compliance with this chapter.

(d) The prior owner also shall deliver to the new owner all documents and information related to the facility that are required to be maintained by Env-Or 404.09.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.09) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.11 Suspension or Revocation of Permit to Operate {#sec-env-or-404.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.11}

(a) If the department receives information that supports a determination that a permit to operate should be suspended or revoked, the department shall initiate a proceeding under RSA 541-A:30 and the provisions of Env-C 200 that apply to adjudicative proceedings.

(b) The notice issued to initiate the proceeding shall state with specificity:

(1) The violations that the department believes exist at or relating to the facility;

(2) The action the department proposes to take, such as suspending or revoking the facility’s permit to operate;

(3) That the owner has an opportunity for a hearing prior to a final decision being made; and

(4) That the owner may seek an informal disposition of the matter through discussions with the department.

(c) If the matter goes to a hearing and the facility owner is aggrieved by the final decision of the matter, the owner may appeal to the waste management council as provided in RSA 146-C:4, I, reprinted in Appendix D.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.10) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.12 Financial Responsibility {#sec-env-or-404.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.12}

(a) Owners of UST facilities shall maintain financial responsibility for costs associated with the cleanup of releases from UST systems, the implementation of corrective measures, and compensation for third party damages in an amount equal to or greater than:

(1) $1,000,000 per occurrence; and

(2) An annual aggregate of:

a. $1,000,000 if one to 100 UST systems are owned; or

b. $2,000,000 if 101 or more UST systems are owned.

(b) The amount of financial responsibility required shall not limit the liability of an owner or operator for damages caused by a release.

(c) The requirement for financial responsibility shall be satisfied if the owner of a facility is eligible for reimbursement of costs associated with cleanup of releases from systems under RSA 146-D.

(d) If the requirement for financial responsibility is not satisfied as specified in (c), above, the owner shall provide financial assurance in one, or any combination, of the following formats:

(1) An irrevocable letter of credit issued for a period of at least one year from an institution whose operations are regulated and examined by a federal or New Hampshire state agency;

(2) An insurance policy from an unrelated third-party insurance company;

(3) A surety bond issued by a surety company listed as an acceptable surety on federal bonds in Circular 570 of the U.S. Department of the Treasury;

(4) A trust fund established in accordance with the laws of the state of New Hampshire; or

(5) An alternate mechanism agreed to by the owner and the department that will ensure that the funds necessary to meet the remediation costs are available when they are needed.

(e) If using a surety bond, insurance policy, or letter of credit, the owner also shall establish a standby trust to receive the proceeds of the surety bond, insurance policy, or letter of credit.

(f) Each financial assurance instrument specified in (d) and (e), above, shall specifically identify the state of New Hampshire as the beneficiary.

(g) Funds held in trust accounts may be invested, but shall provide for the preservation of principal.

(h) Financial assurance documents shall be as described in 40 CFR 264.151, as applicable.

(i) Letters of credit shall include a provision to automatically extend the expiration date by at least one year unless the issuing institution notifies the responsible party and the department by certified mail, return receipt requested, of a decision to not extend the expiration date at least 120 days before the current expiration date.

(j) Insurance policies and surety bonds shall include a provision to prohibit any cancellation without prior notice of cancellation being sent to the owner and the department by certified mail, return receipt requested, at least 120 days before the effective date of cancellation.

(k) Within 10 days after commencement of a voluntary or involuntary bankruptcy proceeding under title 11 of the U.S. Code that names an owner as debtor, the owner shall comply with 40 CFR 280.114(a).

(l) An owner who obtains financial assistance by a mechanism other than that provided in (c), above, whose provider of the owner’s financial assurance files for or is named as a debtor in a bankruptcy proceeding, or has its authority to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or other mechanism, as applicable, suspended or revoked, shall:

(1) Be deemed to be without the requisite financial assurance;

(2) Obtain alternative financial assurance as specified in this section within 30 days after receiving notice of such notification; and

(3) Notify the department within 30 days of the replacement financial assurance.

(m) Within 30 days after receipt of notification that a state fund or other state assurance has become incapable of paying for assured corrective action or third-party compensation costs, the owner shall obtain alternative financial assurance.

(n) An owner shall no longer be required to maintain financial assurance under this chapter for a UST after the tank has been permanently closed if:

(1) Contamination was not detected on the property on which the facility was or is located; or

(2) Corrective action has been completed.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.11) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 404.13 Owner Liability {#sec-env-or-404.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 404.13}

The owner of a UST facility may delegate responsibilities imposed by Env-Or 400 to an operator, but any such delegation shall not relieve the owner from liability for non-compliance with the requirements in this chapter.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 404.13) (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 405 Equipment Standards

N.H. Code Admin. R. Ann. Env-Or 405.01 Tank {#sec-env-or-405.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.01}

Standards for UST Systems.

(a) Each tank in a UST system shall meet the requirements of 40 CFR 280.20(a)(1), (2), (3), or (5), reprinted in Appendix E.

(b) Each UST at a new facility shall have secondary containment that encloses 360 degrees of the tank that is designed to come into contact with the regulated substance to be contained in the tank.

(c) The secondary containment wall or envelope required by (b), above, shall not be in contact with the inner wall such that a leak of the inner tank would not be detected by the leak monitoring system.

(d) No alterations of any kind shall be made to the tank without the tank manufacturer’s written approval and a waiver obtained pursuant to Env-Or 409.

(e) Each UST shall have a wear plate under each tank opening to protect the tank bottom from abrasion or puncture that:

(1) Is constructed of steel or glass-fiber-reinforced plastic; and

(2) Covers an area of at least l44 square inches, centered under the opening.

(f) Subject to (g), below, each UST shall bear a permanent label such as a stencil or engraved plate that provides the following information:

(1) The standard of design by which the tank was manufactured;

(2) The year in which the tank was manufactured;

(3) The dimensions and capacity of the tank; and

(4) The name of the manufacturer.

(g) The owner shall maintain a certificate at the facility that:

(1) Shows all of the information required by (f), above, the date of installation, and the regulated substances and percentages by volume of any additives that might be stored permanently and compatibly within; and

(2) Is permanently affixed in such a way as to be visible to a department inspector during a routine inspection.

(h) No tank shall be used to store a regulated substance unless the manufacturer of each component of the UST system that will be in contact with the stored substance, including but not limited to the interior lining or wall of the tank and all gaskets and sealants, has listed the regulated substance as being compatible with the component.

(i) The owner shall not change the regulated substance being stored in a UST system to a regulated substance that is not listed by each manufacturer as a substance that is compatible with the UST system components, unless the owner obtains a written confirmation from each manufacturer that certifies the compatibility of the liquid with the system prior to implementing the change.

(j) All UST systems shall be equipped with a submerged fill tube installed with a clearance of at least 4 but less than 6 inches between the bottom of the tank and the point at which the regulated substance can first exit the submerged fill tube.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.02 Piping Standards for UST Systems {#sec-env-or-405.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.02}

(a) All piping systems at new facilities shall meet the applicable requirements of this section and 40 CFR 280.20(b)(1), (2), or (4), reprinted in Appendix E, as applicable.

(b) Flexible metal piping shall be certified by Underwriters Laboratories Inc. (UL) to meet UL 971A, Outline of Investigation for Metallic Underground Fuel Pipe.

(d) Except when cathodic protection is provided by impressed current, metal piping systems shall have di-electric bushings installed to electrically isolate the piping system from the tank and the dispenser, or other end-use point, and at any change in the metal type, such as at flexible connectors.

(e) The department shall approve the use of metal pipe without cathodic protection under 40 CFR 280.20(b)(4) only if the pipe is completely isolated from water and soil or other backfill material using secondary containment that is non-metallic, non-porous, and non-biodegradable.

(f) Piping systems shall provide flexibility for movement at the tank end, dispenser end, and at piping direction changes to relieve stress.

(g) All piping systems shall have access and isolation points to permit independent pressure testing of the tank and piping without the need for excavation.

(h) Piping system pressure and temperature limitations shall meet:

(1) ASME B31.3 relative to Process Piping;

(2) ASME B31.4 relative to Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids; or

(3) The manufacturer’s requirements and recommendations.

(i) All piping systems shall:

(1) Be laid out to minimize crossovers; and

(2) Run the pipes together in a compact trench from the UST to the point of use to the extent possible.

(j) No part of a piping system that will be in contact with the stored regulated substance shall be used unless the manufacturer of the component has listed the regulated substance as being compatible with the component.

(k) Piping systems shall slope uniformly at a slope of 1/8 inch per foot or steeper without sags or low points in the pipe to direct any leakage from the primary piping to a liquid-tight containment sump with a sump sensor that is located at the lowest outlet point of the pipe.

(l) All remote fill pipes installed on or after April 24, 1997 shall comply with (k), above, and Env-Or 405.04(a), Env-Or 405.05, Env-Or 405.06, and Env-Or 405.09(a) and (d).

(m) Piping systems installed for the purpose of siphoning regulated substances shall be equipped with a liquid-tight piping sump and piping sump sensor at all interconnected tanks.

(n) Bollards shall be installed around free-standing vents to prevent damage from vehicles.

(o) Bollards required by (n), above, shall be:

(1) Spaced no more than 4 feet apart to span any area exposed to potential vehicle access;

(2) Painted with reflective paint or striped with reflective tape or paint;

(3) Constructed of steel tubing having a minimum diameter of 4 inches and filled with concrete; and

(4) Terminate not less than 3 feet above the ground.

(p) Swivel adaptors shall be installed on all fill riser pipes.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.03 Secondary Containment for Tanks {#sec-env-or-405.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.03}

The secondary containment required by Env-Or 405.01(b) shall have access ports that:

(a) Allow access without the need for excavation; and

(b) Are protected against unauthorized access and tampering.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.04 Secondary Containment and Sumps for Piping Systems {#sec-env-or-405.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.04}

(a) Subject to (b), below, secondary containment shall be provided for all underground piping systems that routinely contain regulated substances or their vapors by using double-wall piping.

(b) Vent piping shall be exempt from (a), above.

(1) Liquid-tight to contain liquids;

(2) Installed to prevent the intrusion of groundwater or surface water runoff; and

(3) Equipped with liquid-tight penetration fittings for all sump entries.

(d) All piping and dispenser sump sensors shall be installed:

(1) To respond to small accumulations of liquids within the sumps;

(2) In the lowest portion of the sump; and

(3) In accordance with the manufacturer’s requirements for installation.

(e) Subject to (f), below, all piping that is inside a building and part of the interior piping system shall have secondary containment and leak monitoring that meets the requirements of (a) through (d), above.

(f) For piping that is inside a building, an engineered pipe trench system may be used as secondary containment in lieu of double-wall piping.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.05 Spill Containment {#sec-env-or-405.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.05}

(a) Each UST system shall be equipped with spill containment devices that meet the requirements of 40 CFR 280.20(c)(1)i, reprinted in Appendix E.

(b) The owner shall use liquid-tight spill containment equipment to prevent the release of regulated substance to the environment when a transfer hose is detached from a fill or transfer pipe.

(1) Have a liquid capacity of 5 gallons or more;

(2) Be installed in or surrounded by impervious material so that if the volume of regulated substance exceeds that of the spill containment, the substance does not enter the UST system backfill;

(3) Be installed in accordance with the manufacturer’s requirements; and

(4) For any UST system installed on or after the September 1, 2013 effective date of this chapter, be installed within a liquid-tight sump or be of double-walled construction.

(d) When spill containment is installed within a secondary containment sump pursuant to (c)(4), above, the secondary containment sump shall be equipped with a sump sensor.

(e) Each drain valve on spill containment equipment on a UST system shall either be replaced annually or permanently sealed.

(f) For any UST system installed prior to April 22, 1997 or that otherwise does not have existing spill containment at stage I system connections, the owner shall install spill containment meeting the requirements of (c), above, at stage I system connections no later than October 13, 2021.

(g) Tank pads installed after the 2018 effective date this chapter shall:

(1) Have liquid-tight sealed joints at all expansion, contraction, cold, and crack control joints within 3 feet of spill containment; and

(2) Be sealed and maintained with a fuel-product-compatible joint sealant installed per manufacturer’s instruction.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.06 Overfill Protection {#sec-env-or-405.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.06}

(a) Each UST system shall be equipped with overfill protection devices that meet the requirements of 40 CFR 280.20(c)(1)ii, reprinted in Appendix E.

(b) A primary overfill protection device shall be installed to prevent the fittings located on the top of the tank from being exposed to the regulated substance due to overfilling.

(1) Alert the transfer operator when the tank is no more than 90% full by:

a. Using a flow restrictor in the UST system fill drop tube that restricts flow into the tank or by triggering a high level visual and audible alarm; or

b. For UST systems installed prior to September 1, 2013 only, using a flow restrictor in the UST system vent line that restricts flow into the tank; or

(2) Automatically and completely shut off flow into the tank when the tank is no more than 95% full.

(d) Flow-restricting overfill devices in vent lines shall not be installed as part of any UST system installed on or after the September 1, 2013 effective date of this chapter.

(e) Existing flow-restricting overfill devices in vent lines that fail after October 13, 2021 shall be removed and replaced with overfill protection that meets the requirements of (c)(1)a. or (c)(2), above.

(f) Each overfill protection device shall allow access for inspection of proper operation.

(g) Any UST system using suction piping and an air eliminator shall be equipped with:

(1) A high level visual and audible alarm; or

(2) A device that automatically and completely shuts off flow into the tank, as specified in (c)(2), above.

(h) Subject to (i) and (n), below, each tank or tank compartment having a high level alarm as the primary overfill device shall have:

(1) Separate visual and audible tank overfill alarm sensors; and

(2) Separate visual and audible tank overfill alarm enunciators if 2 or more compartments are filled concurrently.

(i) UST systems installed prior to September 1, 2013 that have a high level alarm as the primary overfill device shall comply with (h)(2), above, by September 1, 2014.

(j) All high level alarms shall:

(1) Have both visual and audible alarms;

(2) Be clearly labeled as a tank overfill alarm; and

(3) Be located as close as practicable to the fill point so as to be clearly visible and audible to the transfer operator.

(k) When triggered, the visual component of a high level alarm shall remain in alarm mode until manually reset but the audible component may automatically shut off after not less than 10 seconds.

(l) Any UST system that receives pressure deliveries or deliveries without a tight fill connection, or both, shall:

(1) Be equipped with a high level visual and audible overfill alarm; and

(2) Not be equipped with any flow restrictor or flow shut off device.

(m) All gauges, alarms, or automatic or mechanical devices associated with overfill protection shall be:

(1) Compatible with the delivery procedures used at the facility; and

(2) Installed in accordance with the manufacturer’s requirements.

(n) Political subdivisions that do not vote to approve funding for the requirement in (i), above, shall be exempt from the requirement unless and until the requirement is adopted as a federal regulation.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.07 Dispensing Areas {#sec-env-or-405.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.07}

(a) Each dispensing area installed on or after February 3, 2005 shall have a concrete pad with positive limiting barriers that:

(1) Are constructed and maintained to contain a volume of at least 5 gallons regardless of which dispenser releases the regulated substance; and

(2) Extend beyond the reach of all dispensing nozzles.

(b) Each dispensing area installed or replaced on or after the 2018 effective date of this chapter shall have a concrete pad with positive limiting barriers (PLBs) that:

(1) Is constructed of reinforced Portland cement concrete that meets the requirements of NHDOT Standard Specifications for Road and Bridge Construction dated 2016;

(2) Has liquid-tight joints at all expansion, contraction, crack control, and cold joints in all components of the dispensing area, including but not limited to dispensing islands, bollards, canopy supports, canopy drainage pipes, and utility sleeves, that have been sealed and maintained with a sealant that is compatible with the regulated substance and has been installed as provided in its manufacturer’s instructions;

(3) Is provided with control joints that are:

a. Spaced at a minimum of 24 times the pad thickness, for example every 12 feet for a 6-inch thick pad, to control shrinkage and undirected cracking, but not located directly in front of a dispenser;

b. Cut or formed into the pad surface to a depth of 25% of the pad thickness; and

c. Sealed per (b)(2), above;

(4) Does not contain any manways, spill containment, other such tank pad appurtenances, drains, or other avenues that could allow spilled regulated substances to seep into the ground, provided, however, that design plans may show such appurtenances as part of an island that is raised above the tank pad;

(5) Is constructed with:

a. A minimum slope of 1/8 inch per foot starting at the dispensing islands and extending downward and radially outward to PLBs at a level perimeter; or

b. If site conditions prevent a level perimeter, downgradient PLBs that have been constructed to ensure containment per (6), below;

(6) Is constructed and maintained to contain a volume of at least 5 gallons regardless of which dispenser releases the regulated substance; and

(7) Fully extends beyond the reach of all dispensing nozzles as measured with the nozzle 3 feet above the dispensing pad.

(c) For a facility undergoing a substantial modification of an existing dispensing area on or after the 2018 effective date of this chapter, if more than 50% of the pad area will be removed during construction or is cracked, chipped, or otherwise damaged to the extent that the ability of the pad to prevent product from passing through it has been compromised, the owner shall replace the entire pad per (b), above, as existing spacing allows.

(d) Each dispenser shall have a liquid-tight dispenser sump directly beneath it to contain discharges.

(e) Dispenser sumps shall be:

(1) Provided with continuous leak detection monitoring by the piping sump sensor; or

(2) Equipped with a sump sensor.

(f) Any dispenser sump that is part of a UST system installed on or after September 1, 2013 shall be equipped with a sump sensor in the lowest point of the sump.

(g) For any UST system installed prior to February 3, 2005 that does not have an existing concrete dispensing pad, the owner shall install a dispensing pad meeting the requirements of (a) and (b), above, no later than October 13, 2021.

(h) For any UST system at a marina that does not have an existing concrete dispensing pad for onshore dispensers, the owner shall install a dispensing pad meeting the requirements of Env-Or 407.10(g) and (h), as applicable, no later than October 13, 2021.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.08 Leak Monitoring Systems for Tanks {#sec-env-or-405.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.08}

(a) All tanks installed on or after September 17, 1985 shall have a leak monitoring system that is continuously operated.

(b) All double-wall tanks installed on or after September 17, 1985 shall have continuous monitoring of the interstitial space for both the regulated substance being stored and water.

(c) All tanks not included in (a) or (b), above, shall have continuous monitored secondary containment as required by Env-Or 408.05(c).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.09 Leak Monitoring Systems for Piping Systems {#sec-env-or-405.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.09}

(a) A leak monitoring system shall be installed for:

(1) Each pressure piping system, exclusive of vent piping, installed on or after November 2, 1990;

(2) Each piping system not included in (1), above, exclusive of vent piping and vertical tank risers, installed on or after April 24, 1997; and

(3) Each piping system not included in (1) or (2), above, exclusive of vent piping and vertical tank risers, as required by Env-Or 408.05(c).

(b) All pressurized piping shall be equipped with a UL-listed automatic line leak detector that:

(1) Restricts or stops the flow of the stored substance and triggers an audible or visual alarm upon detecting a leak at a rate equivalent to 3 gallons per hour at a pressure of 10 pounds per square inch line pressure; and

(2) Meets the requirements of 40 CFR 280.40(a)(3).

(c) The interstitial space of the double wall piping or the annular space between the primary piping and the secondary containment system shall be continuously monitored to detect both water and the regulated substance.

(d) The piping sump shall have a leak monitor sensor to detect both water and the regulated substance.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.10 Cathodic Protection Systems {#sec-env-or-405.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.10}

(a) Each cathodic protection system shall be equipped with an accessible test connection or monitor that will allow system testing without excavation.

(b) A tank or piping system shall be considered cathodically protected when:

(1) The tank or piping system has a negative cathodic potential of at least 850 mV with the cathodic protection applied, measured with respect to a saturated copper/copper sulfate reference electrode contacting the electrolyte;

(2) The tank or piping system has a minimum of 100 mV of cathodic polarization; or

(3) The requirements specified in NACE SP0285, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection are met.

(c) Subject to (d), below, when a cathodic protection system does not meet the requirements of (b), above, the owner shall:

(1) Repair or replace the system as specified in Env-Or 405.11; or

(2) If the failed cathodic protection system is not repaired within 90 days, permanently close the UST system in accordance with Env-Or 408.06 through Env-Or 408.10.

(d) For any system at a facility that is subject to 42 U.S.C. 4321-4347 or 36 CFR Part 800, the time in (c)(2), above, shall be increased to 150 days.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 405.12) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.11 Changes to Cathodic Protection Systems {#sec-env-or-405.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.11}

(a) Any alterations to an existing cathodic protection system shall be made as specified in this section.

(b) If the existing cathodic protection system is to be changed to an alternate method of cathodic protection, the owner shall obtain approval in accordance with Env-Or 407.01 through Env-Or 407.04.

(c) The plan submitted with the application shall be a corrosion protection plan prepared by a corrosion protection expert that includes:

(1) The alternate proposed corrosion protection system to be installed; and

(2) All structures to be corrosion protected.

(d) If an existing cathodic protection system is repaired or replaced with the same method of cathodic protection, the owner shall:

(1) No later than 30 days after the date of the corrosion protection test, submit to the department the test results as required by Env-Or 406.10; and

(2) Submit to the department a report prepared and signed by a corrosion protection expert identifying the cause of the failure and the procedures required to repair the cathodic protection system.

(e) No later than 30 days following the repair to the cathodic protection system, the owner shall submit to the department the following:

(1) A record drawing of the repair;

(2) The information required by Env-Or 406.10; and

(3) A report prepared and signed by a corrosion protection expert certifying the cathodic protection system repair was conducted under the direction of a corrosion protection expert and the repaired UST system has adequate cathodic protection.

(f) The owner shall maintain a certificate at the facility that:

(2) Is permanently affixed in such a way as to be visible to a department inspector during a routine inspection.

(g) No tank shall be used to store a regulated substance unless the manufacturer of each component of the UST system that will be in contact with the stored substance, including but not limited to the interior lining or wall of the tank and all gaskets and sealants, has listed the regulated substance as being compatible with the component.

(h) The owner shall not change the regulated substance being stored in a UST system to a regulated substance that is not listed by each manufacturer as a substance that is compatible with the UST system

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 405.13) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 405.12 Day Tank Markings Required {#sec-env-or-405.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 405.12}

(a) Any day tank that is connected by piping to a UST that is subject to this chapter shall be marked with the following information:

(1) The type of product stored;

(2) The registered tank number corresponding to the UST that automatically supplies product to the day tank; and

(3) The appropriate emergency response system symbol(s) that meet(s) the requirements of section 21.7.2.1 of NFPA 30, available as noted in Appendix B, to identify the hazards posed by the product stored.

(b) All information required by (a), above, shall be in lettering that is at least 2 inches high in a color that contrasts with the color of the tank, so as to be readily discernable from the distance at which the lettering will typically be viewed.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 406 Operation, Maintenance, and Testing

N.H. Code Admin. R. Ann. Env-Or 406.01 On-going Maintenance Required {#sec-env-or-406.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.01}

(a) All piping and dispenser containment sumps shall be maintained:

(1) Free of liquid and debris;

(2) In good working order to perform their original design function; and

(3) Liquid-tight at their sides and bottom.

(b) Spill containment equipment shall be maintained:

(1) Free of liquid and debris;

(2) In good working order to perform its original design function; and

(3) Liquid tight at its sides and bottom.

(c) All gauges, alarms, and automatic or mechanical devices associated with overfill protection shall be maintained in good working order to perform their original design function.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.06) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.02 Operation and Maintenance of Leak Monitoring Systems {#sec-env-or-406.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.02}

(a) The UST system owner shall:

(1) Maintain leak monitoring systems in good working order so they can continuously perform their original design function; and

(2) Maintain the interstitial space or annular space for both tanks and piping to be free of debris and water.

(b) No owner or operator shall turn off or otherwise deactivate any leak monitoring system for more than 2 hours without prior notification by the owner to the department.

(c) If a leak monitoring system malfunctions, the owner shall repair the system and clear and reset any alarm condition normal operating mode within 15 working days. If the system(s) cannot be repaired and the alarm condition cleared and reset to normal operating mode within 15 days, the affected UST system(s) shall be temporarily closed until satisfactory repairs are made.

(d) Each leak monitoring system shall:

(1) Have an audible alarm and visual indicator;

(2) Be located where the audible alarm and visual indicator can be readily heard and seen by the operator or other personnel during normal working hours;

(3) Be clearly and conspicuously marked or labeled as being a leak monitoring system; and

(4) Be secured against vandalism and incidental damage.

(e) Each leak monitoring console shall identify the specific location of all leak monitoring sensors connected to that console. A complete list of all the specified leak monitoring sensors shall be permanently affixed on the facility premises in a location that is visible to a department inspector during a routine inspection.

(f) When a leak monitor indicates a possible leak, the owner shall investigate the cause of the indication to determine if a leak has occurred, in accordance with Env-Or 406.04.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.08) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.03 Delivery or Transfer of Regulated Substances {#sec-env-or-406.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.03}

(a) No person shall allow the transfer or delivery of regulated substances to any UST facility that is not registered or that does not have a valid permit to operate.

(b) Immediately prior to transferring any regulated substance into a UST system, the owner and the transfer operator shall determine that the tank has sufficient receiving capacity to hold the volume to be transferred.

(c) No transfer shall be made to a UST system that is not equipped with spill containment and overfill protection devices as required by Env-Or 405.05 and Env-Or 405.06, respectively.

(d) No transfer shall be made to a UST system that is not equipped with a stage I system, if required by Env-Or 500.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.09) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.04 Unusual Operating Conditions {#sec-env-or-406.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.04}

(a) Subject to (c), below, the owner shall report any unusual operating condition(s) to the department within 24 hours.

(b) Unusual operating conditions shall include, but are not limited to:

(1) Erratic behavior of dispensing equipment, the stage I system or stage II system, or overfill protection equipment;

(2) Water or regulated substance gain or loss in a tank, sump, or system component, including water or regulated substance in the interstitial space of a secondarily contained system, that might indicate a problem with system tightness;

(3) A visual or auditory alarm of the leak monitoring system indicates that a release might have occurred;

(4) Petroleum vapors or vapors of a hazardous substance are detected near the UST system;

(5) The UST vent stack is bent or angled from the vertical position;

(6) Visual evidence of system component deterioration is present;

(7) The UST system is overfilled; and

(8) Any other evidence that a UST system is not liquid or vapor tight.

(c) Owners shall not be required to report unusual operating conditions if, within 24 hours of discovering the unusual operating condition:

(1) The cause of the condition is determined;

(2) The condition is corrected or the potential for a release is removed by taking the equipment out of service; and

(3) The owner determines through investigation that the unusual operating condition did not result in a release of a regulated substance from primary containment or into the environment.

(d) The presence of regulated substance in a dispenser pan, sump, tank interstitial, or piping interstitial, or in a holding tank or oil-water separator, shall constitute a release and shall:

(1) Not be exempted under (b), above; and

(2) Be reported immediately if the discharge meets any of the criteria for immediate notification pursuant to Env-Or 604.06, and otherwise within 24 hours.

(e) The owner shall:

(1) Investigate the cause of any unusual operating condition within 24 hours of becoming aware of the condition;

(2) Implement measures to prevent or minimize a release, eliminate the leak, or otherwise correct the deficiency; and

(3) Submit a written report to the department within 7 days that describes the investigation and its conclusions.

(f) If a discharge to the ambient environment has occurred, the owner also shall notify the department in accordance with Env-Or 604 and implement the preliminary response action in accordance with Env-Or 605.

(g) Upon receiving notification pursuant to (a), above, or a report pursuant to (e)(3), above, the department shall evaluate the notification or review the report to determine whether an additional tightness test is needed to verify the report’s conclusions.

(h) If the department determines that an additional tightness test is required, the owner shall conduct a tightness test in accordance with Env-Or 406.05 through Env-Or 406.08 and Env-Or 500, if applicable, to determine the tightness of the system within 7 days of being notified by the department that the test is required.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.10) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.05 Requirements for Tightness Testers and Test Methods {#sec-env-or-406.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.05}

(a) Any individual who conducts tightness tests on the whole or any part of a UST system shall:

(1) Understand the variables that affect the test;

(2) Be trained in the performance of the test; and

(3) Be certified as qualified by the manufacturer of the equipment used in the testing method if such certification exists.

(b) Subject to (c) and (d), below, the tightness testing method shall be:

(1) A listed test method for the system or component being tested that is certified to meet the leak rate detection criteria specified in Env-Or 406.06; or

(2) A specific component tightness test method established in Env-Or 406.15 or Env-Or 406.16.

(c) If a test method meeting the requirements of (b), above, for the component being tested does not exist, the tightness test shall conform to the component manufacturer’s testing requirements that are certified by the manufacturer to meet the leak rate detection criteria specified in Env-Or 406.06.

(d) If a test method meeting the requirements of (b) or (c), above, for the component being tested does not exist, the tightness test shall conform to the testing requirements of:

(1) PEI RP 1200; or

(2) An applicable test from the reference standards specified in Env-Or 403.

(e) The test technician shall provide a complete description of the test method used and, if applicable, a copy of the manufacturer’s training certification, to the owner.

(f) The owner shall retain the description and certification provided pursuant to (e), above, for the life of the facility.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.11) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.06 Leak Rate Detection Criteria {#sec-env-or-406.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.06}

(a) The tightness test for a UST system or system component shall be capable of detecting a system leak rate of 0.10 gallon per hour with a probability of detection of 0.95 and a probability of false alarm of 0.05, accounting for all variables including vapor pockets, thermal expansion of regulated substance, temperature stratification, evaporation, pressure, end deflection, water table, and tidal action.

(b) When line tightness testing is used for suction or atmospheric piping, the pipe pressure tightness test shall have a detection limit equivalent to 0.1 gallon per hour at 1.5 times operating pressure.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.12) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.07 Requirements for Test Reports {#sec-env-or-406.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.07}

(a) When a tightness test is performed, the owner shall submit a report of the tightness test that meets the requirements of (c) through (e), below. The report may be generated by the owner or may be submitted on a form available from the department or on any other document containing the required information.

(b) The owner shall submit the tightness test report to the department no later than 30 days after the date of the test.

(1) The UST facility registration number;

(2) The UST facility location, by street address and municipality;

(3) The name, address, and daytime telephone number including area code of the UST system owner;

(4) The date of the test;

(5) The tester’s name, company address, and daytime telephone number including area code;

(6) The number and expiration date, if any, of the tester’s certification, if a certified tester is required for the test being performed; and

(7) The information required by (d), below.

(d) The test report submitted pursuant to (a), above, shall include the following information for each UST system or component tested:

(1) The capacity of the UST system;

(2) The age of the UST system;

(3) The regulated substance stored in the UST system;

(4) The location of the UST system on the UST facility’s property;

(5) Any other information necessary to accurately identify the UST system;

(6) A copy of the field technician’s testing records;

(7) A list of each system component tested;

(8) A description of any piping, fittings, or connections that were tightened or repaired;

(9) The length of any waiting periods after regulated substance delivery, topping, or vapor space disturbances;

(10) A description of the temperature measurement equipment and method used for the tightness test;

(11) A description of the re-leveling procedure used;

(12) The type of testing equipment used for the test, by manufacturer name and model number, together with the date of last calibration and maintenance of the testing equipment;

(13) Test duration time; and

(14) A description of the vapor pocket measurement and elimination procedure used.

(e) The technician who performed the test shall sign the test report to certify:

(1) The validity, method, and accuracy of the test;

(2) That the test complies with requirements of this chapter; and

(3) That he or she is qualified to perform the test.

(f) The owner shall keep the test report and any other documents describing the type of test, contractor, date, materials, all technician testing data, and any other information pertinent to the tightness testing performed for the life of the system.

(g) If information submitted to the department causes the department to question the accuracy of the test or test report, the person who conducted the tank tightness tests shall provide the department with information on all testing equipment and protocols that have the potential to affect the accuracy of the test within 10 days of the department requesting the information.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.13) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.08 Test Failures {#sec-env-or-406.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.08}

(a) A UST leak or test failure shall be indicated by a system leak rate of 0.10 gallon per hour or greater or an inconclusive test result.

(b) The individual conducting the test shall notify the department and the UST facility owner and operator immediately of a test failure.

(c) The owner of a UST system shall report any failure to the department within 24 hours of receiving notice of the failure.

(d) Upon being notified of a tank or piping tightness test failure, the UST system owner shall:

(1) Investigate the cause of the failure and determine whether the system is leaking within 7 days of the initial test failure; or

(2) Temporarily close the system within 7 days of the initial failure and permanently close the system in accordance with Env-Or 408.06 through Env-Or 408.10 within 30 days of the original test failure.

(e) The investigation into the cause of the initial test failure shall include a second tightness test.

(f) The owner shall submit a written report to the department within 30 days of the initial test failure that describes the work performed, the repairs made, and any other actions taken in response to the test failure.

(g) Any system that has been repaired shall be retested for tightness to confirm the effectiveness of the repairs.

(h) Any double wall UST system in which the outer wall fails a second tightness test shall be:

(1) Completely emptied of regulated substance within 24 hours of the second failure; and

(2) Repaired in accordance with Env-Or 408.01 through Env-Or 408.03, as applicable, or permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10, within 30 days of the second test.

(i) Upon being notified of a containment sump or spill containment tightness test failure, the UST system owner shall:

(1) Investigate the cause of the failure and determine if the system has leaked within 30 days of the initial test failure; and

(2) Either:

a. Repair or replace the containment sump or spill containment in accordance with Env-Or 408.03; or

b. Temporarily close the UST system within 30 days of the initial failure.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.14) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.09 Automatic Line Leak Detector Testing {#sec-env-or-406.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.09}

(a) Automatic line leak detectors shall be tested annually in accordance with the manufacturer’s requirements to confirm that they are operating in accordance with their designed function.

(b) The owner shall submit the following information in an automatic line leak detector test report generated by the owner, on a form made available by the department, or on any other document

(1) The information required by Env-Or 406.07(c)(1)-(6);

(2) Test locations; and

(3) Test results.

(c) The line leak detection tester who conducted the test shall sign the test report in accordance with Env-Or 406.07(e).

(d) When an automatic line leak detector test is performed, the owner shall send the line leak detector test report to the department no later than 30 days after the date of the test.

(e) An automatic line leak detector failure shall be indicated by a leak rate of greater than 3 gallons per hour at a pressure of 10 pounds per square inch line pressure within one hour.

(f) If any line leak detector fails the test, the owner shall remove the affected piping system(s) from service until the line leak detector is repaired or replaced and passes the line leak detector test.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.16) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.10 Cathodic Protection System Testing {#sec-env-or-406.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.10}

(a) The owner shall test:

(1) Sacrificial anode systems within 6 months of installation and every 3 years thereafter; and

(2) Impressed current systems within 6 months of installation and every 3 years thereafter.

(b) The individual conducting the testing shall be a cathodic protection tester.

(c) The owner shall submit the following information in a report of the cathodic protection test generated by the owner, on a form made available by the department, or any other document:

(1) The information required by Env-Or 406.07(c)(1)-(6);

(2) A description of the equipment used to conduct the test;

(3) Test locations;

(4) Test results;

(5) For impressed current systems, the specified rectifier DC output range in volts and amps; and

(6) The tester’s International Code Council, Steel Tank Institute, or NACE certification number.

(d) The cathodic protection tester who has conducted the test shall sign the test report in accordance with Env-Or 406.07(e).

(e) When a cathodic protection test is performed, the owner shall send the test report to the department no later than 30 days after the date of the test.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.17) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.11 Overfill Prevention Device Testing {#sec-env-or-406.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.11}

(a) Subject to (b), below, no later than December 22, 2017 and triennially thereafter, the owner of a UST system shall test the primary overfill protection system.

(b) Political subdivisions that did not vote to approve funding for the testing required by (a), above, shall test the primary overfill protection system no later than October 13, 2021 and triennially thereafter.

(c) The owner of a UST system that includes a day tank that is automatically filled from the UST shall test the day tank’s high level alarm and overfill prevention system no later than October 12, 2021 and annually thereafter.

(d) The testing shall be done by removing the sensors/devices from the tank and activating them.

(e) The owner shall report any test failure to the department within 24 hours of receiving notice of the failure.

(f) The owner shall submit to the department no later than 30 days after the date of the test the overfill prevention device test information specified in (g), below, in a report generated by the owner, on a form available from the department, or on any other document containing the required information.

(g) The overfill prevention device test report shall include the following:

(1) The information required by Env-Or 406.07(c)(1)-(6);

(2) Overfill model number and manufacturer’s name;

(3) Test results;

(4) Verification that the overfill console if equipped is correctly programmed and labeled;

(5) Verification that the overfill device tank sensor is positioned in accordance with the activation height requirements of Env-Or 405.06(c) and manufacturer’s requirements;

(6) Verification that the overfill device sensor was visually inspected and confirmed operational by manually simulating an overfill condition per state’s and manufacturer’s requirements;

(7) Verification that the audible alarm, if equipped, is operational and can be heard by delivery person; and

(8) Verification that the visual alarm, if equipped, is operational and can be seen by delivery person.

(h) The tester who has conducted the test shall sign the test report in accordance with Env-Or 406.07(e).

(i) Any malfunctioning spill or overfill device shall be repaired within 30 working days. If the device(s) cannot be repaired or replaced within 30 days, the affected system(s) shall be prohibited from taking a delivery until satisfactory repairs are made.

(j) Any repaired or replaced overfill prevention device shall be immediately tested and reported as specified in (d) through (h), above.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.18) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.12 Spill Containment Integrity Testing {#sec-env-or-406.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.12}

(a) Subject to (b), (d), and (e), below, no later than December 22, 2017 and triennially thereafter, all spill containment equipment shall be tested for tightness as specified in Env-Or 406.05 through Env-Or 406.08.

(b) Subject to (d) and (e), below, any political subdivision that did not vote to approve funding for the testing required by (a), above, shall test all spill containment equipment no later than October 13, 2021 and triennially thereafter.

(c) Subject to (d) and (e), below, no later than October 13, 2021 and triennially thereafter, all stage I system connection spill containment equipment that otherwise was not tested pursuant to (a), above, shall be tested for tightness as specified in Env-Or 406.05 through Env-Or 406.08.

(d) Spill containment equipment installed within a liquid-tight sump or of double-walled construction having electronic or mechanical interstitial monitoring that is inspected monthly pursuant to the requirements of Env-Or 406.18(a)(1) shall not be subject to the triennial integrity testing requirement of this part.

(e) Spill containment equipment installed within a secondary containment sump equipped with a sump sensor and leak monitoring in which the sump is inspected annually pursuant to Env-Or 406.18(a)(1) shall not be subject to the triennial integrity testing requirement of this part.

(f) The owner of a UST system shall report any spill containment tightness test failure to the department within 24 hours of receiving notice of the failure.

(g) The owner shall submit the following information to the department within 30 days of the closure of a failed spill containment device:

(1) A summary of closure activity, including, but not limited to, measurements from a photoionization detector; and

(2) The information required by (i), below.

(h) The owner shall submit to the department no later than 30 days after the date of the test the spill containment test information specified in (i), below, in a report generated by the owner, on a form available from the department, or on any other document containing the required information.

(i) The spill containment test report shall include the following:

(1) The information required by Env-Or 406.07(c)(1)-(6);

(2) Containment model number and manufacturer’s name;

(3) Test method;

(4) Test results;

(5) Verification that the test passed or failed;

(6) Verification that the primary and secondary containment if applicable is free of debris, water, and regulated substance.

(j) The tester who has conducted the test shall sign the test report in accordance with Env-Or 406.07(e).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.19) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.13 Leak Monitoring Equipment Testing {#sec-env-or-406.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.13}

(a) The owner of a UST system shall test all leak monitoring equipment annually for proper operation.

(b) The owner of a UST system containment sump having a sensor or discriminating sensor system which automatically de-energizes the specific dispensing pump or submersible tank pump when regulated substance is detected and that is not being tightness tested triennially pursuant to the requirements of Env-Or 406.14(b) shall test each system for proper operation no later than October 12, 2021 and annually thereafter.

(c) The owner of a UST system that includes a day tank that is automatically filled from the UST shall test the rupture basin or secondary containment leak monitoring equipment no later than October 12, 2021 and annually thereafter.

(d) The owner shall submit to the department no later than 30 days after the date of the test the leak monitor test information specified in (e), below, in a report generated by the owner, on a form available from the department, or on any other document containing the required information.

(e) The leak monitor test report shall include the following:

(1) The information required by Env-Or 406.07(c)(1)-(6);

(2) Leak monitor model number and manufacturer’s name;

(3) Verification that the leak monitor console assignments are correctly programmed and labeled for all sensors;

(4) Verification that the tank and piping sensors for the secondary containment is positioned in accordance with the manufacturer’s requirements;

(5) Verification that the brine level of the tank interstitial space is within the manufacturer’s operating range;

(6) Verification that the secondary containment is free of debris, water, and regulated substance;

(7) Verification that all sensors were visually inspected and confirmed operational by manually simulating an alarm condition;

(8) Verification that all leak monitor console audible alarms are operational;

(9) Verification that all leak monitor console visual alarms are operational;

(10) Verification that the communication system, such as a modem, is operational for leak monitoring systems and will relay alarms to a remote station;

(11) Verification that all secondary containment is continuously monitored; and

(12) Verification that all associated product pump circuits have been de-energized, if applicable pursuant to the requirements of (b), above.

(f) The testing technician who conducts the test shall sign the test report in accordance with Env-Or 406.07(e).

(g) The testing technician shall attach to the submitted test report the information necessary to verify that this information is correct.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.20) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.14 Containment Sump Integrity Testing {#sec-env-or-406.14 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.14}

(a) The owner shall test each new sump for tightness at installation, in accordance with Env-Or 406.05 through Env-Or 406.08.

(b) With the exception of UST systems containing heating oil for on-premise heating use, and subject to (c) and (d), below, all containment sumps shall be tested for tightness as specified in Env-Or 406.05 through Env-Or 406.08 no later than October 13, 2021 and triennially thereafter.

(c) Containment sumps having secondary containment and leak monitoring that is inspected annually pursuant to the requirements of Env-Or 406.18(a)(1) shall not be subject to the triennial integrity testing requirement of this part.

(d) Containment sumps having leak monitoring sensors positioned at the lowest point of the sump or discriminating sensors covering the entirety of the sump which automatically de-energize the specific dispensing pump or submersible tank pump when regulated substance is detected and which are tested annually pursuant to Env-Or 406.13(b) shall not be subject to the triennial integrity testing requirement of this part unless the department has determined that the system has been disabled and then the testing requirements of this part shall be due within 30 days.

(e) The owner shall submit to the department no later than 30 days after the date of the test the containment sump integrity test information specified in (f), below, in a report generated by the owner, on a form available from the department, or on any other document containing the required information.

(f) The containment sump integrity test report shall include the following:

(1) The information required by Env-Or 406.07(c)(1)-(7);

(2) Containment model number and manufacturer’s name, if known;

(3) Test method;

(4) Test results;

(5) Verification that the test passed or failed; and

(6) Verification that the primary and secondary containment if applicable is free of debris, water, and regulated substance.

(g) The tester who has conducted the test shall sign the test report in accordance with Env-Or 406.07(e).

(h) The owner shall submit the following information to the department within 30 days of the closure of a failed sump containment device:

(1) A summary of closure activity, including, but not limited to, measurements from a photoionization detector; and

(2) The information required by (f), above.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.21) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.15 Hydrostatic Tightness Test for Sumps and Spill Containment {#sec-env-or-406.15 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.15}

(a) If a hydrostatic tightness test is performed on sumps or spill containment, or both, pursuant to Env-Or 406.05(b)(2), the test shall be conducted:

(1) After all seams and fittings have been completed and all piping and conduits have been installed;

(2) At a level that is within one inch of the top of the containment sump or spill containment, or 10 inches above the top of the highest containment sump penetration fitting, whichever is lower;

(3) By recording the liquid level measurements at the beginning and end of the test;

(4) For a minimum of 3 hours for containment sumps and one hour for spill containment; and

(5) With no addition of liquid to the containment sump or spill containment after the start of the test.

(b) A passing hydrostatic test, when conducted in accordance with (a), above, shall have no loss of liquid or observed leaks after the complete duration of the test.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.22) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.16 Pneumatic Tightness Test for Piping {#sec-env-or-406.16 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.16}

(a) If a pneumatic tightness test is performed on piping pursuant to Env-Or 406.05(b)(2), the test shall be conducted as follows:

(1) Pressurize flexible secondary containment piping at 5 psi and maintain the pressure for a minimum of 10 minutes;

(2) Pressurize nonflexible secondary containment piping at 10 psi and maintain the pressure for a minimum of 10 minutes;

(3) Apply soap solution to all piping joints and other connections; and

(4) Observe the joints and connections for leaks for the duration of the test.

(b) The piping shall be backfilled only if no leaks are observed for the duration of the test.

(c) All installed secondary containment piping shall be pressurized for a minimum period of 2 hours after the backfill process has been completed.

(d) Test results shall be provided to the department at the final site inspection required by Env-Or 407.07(e).

(e) The certified tank installer shall remove all testing equipment after the test is completed.

(f) Each test gauge used for pneumatic tightness testing shall have an operating range that conforms to the requirements of the test method being used.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; ss by #12643, eff 10-10-18 (formerly Env-Or 406.23) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.17 Primary Containment System Testing {#sec-env-or-406.17 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.17}

(a) For purposes of this section, “primary containment system” means any portion of a UST system that contains a regulated substance or oil, or vapors thereof, that is intended to be in contact with the substance being stored, or its vapors, under normal operating conditions, exclusive of pressure piping that is isolated from the tank by a submersible pump.

(b) The owner of a motor fuel dispensing UST system shall test the primary containment system for tightness no later than December 22, 2017 and triennially thereafter using the following test methods as applicable:

(1) Owners of UST systems storing gasoline who are required by Env-Or 500 to perform periodic pressure decay testing shall comply with those requirements;

(2) Owners of UST systems storing gasoline who are not required by Env-Or 500 to perform periodic pressure decay testing shall perform the pressure decay test as specified in Env-Or 504.10(a)(2) and Env-Or 504.10(b) or use a test method as specified in Env-Or 406.05; and

(3) Owners of UST systems storing diesel fuel shall use:

a. A test method as specified in Env-Or 406.05; or

b. The pressure decay testing method as specified in Env-Or 504.10(a)(2) and Env-Or 504.10(b), provided soap checks of accessible tank top fittings and risers are conducted during the test and repairs are made as leaks are encountered.

(c) The owner of a motor fuel dispensing UST system installed or substantially modified after December 22, 2017 shall test the primary containment system for tightness prior to operation and triennially thereafter using the test methods listed in (b)(1)-(3), above, as applicable.

(d) Any owner of a motor fuel dispensing UST system storing diesel fuel who conducted tightness testing on the primary containment system using the method specified in (b)(3)b., above, on or after April 15, 2016, may rely on the results of that test to meet the requirement for initial testing.

(e) Test reports shall be completed and submitted as specified in Env-Or 406.07.

(f) Test failures shall be addressed as specified in Env-Or 406.08.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-13; amd by #12160, EMERGENCY RULE, eff 4-17-17, EXPIRES: 10-14-17; ss by #12365, eff 8-19-17; ss by #12643, eff 10-10-18 (formerly Env-Or 406.24) (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.18 Monthly, Bi-Monthly, and Annual Visual Inspections {#sec-env-or-406.18 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.18}

In addition to the visual inspection requirements listed in RSA 146-C:19, II(c), the following items shall be inspected on the frequency noted by the facility’s class A or class B operator or under the direction of the class A or class B operator:

(a) The following shall be completed monthly:

(1) For spill containment equipment having secondary containment and leak monitoring that is not being tightness tested triennially pursuant to Env-Or 406.12, inspect the interstitial space for the presence of any oil or water, remove and dispose of any oil or water in accordance with all applicable federal, state, and local requirements, and repair the spill containment as necessary;

(2) Inspect each hydrant pit at an airport hydrant fuel distribution system for the presence of oil, water, or debris, and:

a. Remove and dispose of any oil, water, or debris in accordance with all applicable federal, state, and local requirements; and

b. Repair each hydrant pit as necessary;

(3) Inspect each oil transfer and dispensing pad area for conditions of open joints, cracking, spalling, nozzles extending beyond the pad, or defects of any kind and correct or repair per Env-Or 405.07(b) or Env-Or 407.10, as applicable; and

(4) Inspect and remove any obstruction in the fill pipe;

(b) For impressed current cathodic protection systems, once every 2 months:

(1) Inspect each rectifier output monitor to ensure that the rectifier is on, that the output voltage and amps are within the range specified in the test report filed with the department pursuant to Env-Or 406.10(c)(5); and

(2) Immediately contact a corrosion expert if the rectifier is not operating or is not operating within the specified voltage and amp output range; and

(1) Inspect each containment sump for leaking components and the presence of oil, water, or debris, and:

a. Remove and dispose of any oil, water, or debris in accordance with all applicable federal, state, and local requirements; and

b. Repair each component as necessary with the results reported in the associated monthly inspection report;

(2) For containment sumps having secondary containment and leak monitoring that are not being tightness tested triennially pursuant to Env-Or 406.14(b), inspect the interstitial space for any oil or water; and

(3) If the interstitial space is equipped with a liquid-indicating gauge and the gauge is used in lieu of conducting a monthly interstitial space inspection, remove and inspect the gauge annually for proper function, repair as necessary, and report the results in the associated monthly inspection report.

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 406.19 Reports of Visual Inspections {#sec-env-or-406.19 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 406.19}

(a) Results of the inspections required by Env-Or 406.18 shall be reported as “no defect” or “defect”.

(b) If a defect is noted, the report shall:

(1) Include an explanation of how the defect was resolved; and

(2) Be submitted with the results of the monthly visual inspections required by RSA 146:19, II(b).

(b) Results of the bimonthly visual inspections required by Env-Or 406.18(b) and the annual visual inspections required by Env-Or 406.18(c) shall be reported in the month in which the inspection occurred with the results of the monthly visual inspections required by RSA 146:19, II(b).

History

#12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 407 Installation Requirements

N.H. Code Admin. R. Ann. Env-Or 407.01 Application for Approval of UST Systems {#sec-env-or-407.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.01}

(a) As specified in RSA 146-C:7, I, prior to commencing construction or installation of a new facility or making one or more substantial modifications at an existing facility, including any changes to a cathodic protection system, the owner shall:

(1) As required by RSA 146-C:7, I, submit plans and specifications to the department; and

(2) Provide the information required by Env-Or 407.02 together with the fee, if any, required by RSA 146-C:7, I-a.

(b) The approval of the plans by an engineer licensed to practice in New Hampshire that is required by RSA 146-C:7, I shall be demonstrated by the engineer signing and affixing his or her stamp to the plans.

(c) Subject to (d), below, construction shall not commence until the sooner of 90 days after submitting a complete application or the department issues an approval.

(d) If the department issues a denial within 90 days, the facility shall not be constructed.

(e) The owner shall sign and date the application.

(f) The signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that any permit issued based on false, incomplete, or misleading information shall be subject to revocation; and

(3) The signer understands that he or she is subject to the penalties for falsification in official matters currently specified in RSA 641.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.02 Information Required for Application {#sec-env-or-407.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.02}

The information required by Env-Or 407.01(a)(2) shall be as follows:

(a) Information on the facility and system owner as specified in RSA 146-C:3, I(a) - (c);

(b) Whether the application is for piping only;

(d) For each new UST, the following information:

(1) The nominal and actual volume of the UST;

(2) The diameter and length of the UST;

(3) The regulated substance stored in the UST;

(4) The UST’s manufacturer and material of construction;

(5) If a double-walled UST, the degree of wrap;

(6) If a steel UST, the gauge of the outer wall; and

(7) The design standard of the UST;

(e) If leak monitoring is proposed, the manufacturer and model number for the sensor, gauge, and monitor or line leak detector, as applicable;

(f) For piping and secondary containment, the following:

(1) Whether the primary piping is a pressure or suction system;

(2) For the primary piping, secondary piping, and duct or chase, the manufacturer, model number, pipe material and schedule, pipe size(s), and minimum bend radius, as applicable;

(3) Whether the system uses a siphon or return;

(4) For the primary, secondary, and duct or chase, the manufacturer, model number, pipe material and schedule, pipe size(s), and minimum bend radius, as applicable;

(5) For vapor piping components including the vent, vapor recovery, and stack, the manufacturer, model number, pipe material and schedule, pipe size(s), and minimum bend radius, as applicable; and

(6) For each sump serving a tank, dispenser, or other UST system component:

a. The manufacturer, model number, and material of the sump; and

b. The manufacturer and model number of each sump sensor and sump entry fitting;

(g) For spill containment, the manufacturer and model number of each fill spill container and stage I spill container, as applicable;

(h) Whether the overfill protection is an audible alarm level sensor, overfill flow shut-off valve, or another type of protection;

(i) The manufacturer and model number of all other UST system appurtenances, including as applicable fill pipe swivel adaptors and caps, submerged fill drop tubes, stage I adaptors and caps, vent or vapor extractor fittings, vent stack caps, and flex connectors;

(j) The closest distance from any UST system component to a public water supply well, non-public water supply well, and surface waters of the state as defined in RSA 485-A:2, XIV;

(k) If any of the required setbacks are not met, whether a UST system existed a the site or facility prior to February 3, 2005;

(l) The name, company, mailing address, daytime telephone number including area code, email address, and N.H. P.E. number and expiration date of the New Hampshire-licensed professional engineer responsible for the plans and specifications;

(m) The name, company, mailing address, daytime telephone number including area code, email address, and ICC certification number and expiration date of the certified UST installer who will perform the work; and

(n) Any additional information needed to demonstrate that the installation will meet:

(1) The applicable reference standards identified in Env-Or 403; and

(2) The testing and system requirements of Env-Or 405 and Env-Or 406.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.03 Application Processing {#sec-env-or-407.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.03}

(a) Upon receipt of an application, the department shall determine whether the application is complete, namely whether the application meets the requirements of Env-Or 407.01.

(b) If the application is complete, the department shall process the application in accordance with Env-Or 407.04.

(c) Except as provided in (f), below, if the application is not complete, the department shall notify the applicant in writing of:

(1) What is missing; and

(2) The deadline for submitting the missing components, established based on the type and volume of the missing component(s).

(d) Upon notifying an applicant that the application does not contain everything required by Env-Or 407.01, the department shall suspend further processing of the application pending receipt of the information missing from the application.

(f) The department shall notify the applicant by telephone in lieu of providing a written notice pursuant to (c), above, if:

(1) The anticipated time required of the applicant to supply the missing information is less than the anticipated time required of the department to notify the applicant in writing; and

(2) The department is able to contact the applicant by telephone.

(g) If the department provides notice pursuant to (f), above, the department shall specify in the verbal notice the same information required by (c)(1)-(2), above.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.04 Decision on Application {#sec-env-or-407.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.04}

(a) After initiating the technical review of a complete application, if the department has questions about any information submitted as part of the application the department shall contact the individual identified by the owner in the application as the contact person using the procedures listed in Env-Or 407.03(c)-(f) and suspend processing of the application until such questions are answered. No portion of the time between the date a notice is provided and the date the applicant responds shall be included in computing the time limit specified in RSA 146-C:7, I, relative to automatic approval.

(b) As specified in RSA 146-C:7, I, within 90 days of receipt of a complete application, the department shall send the owner written notice of approval or disapproval.

(d) The department shall include such terms and conditions in the approval as are necessary to ensure compliance with applicable requirements.

(e) As specified in RSA 146-C:7, II, an owner shall not cause or allow any construction or other activity that is not in accordance with the approved plans and all terms and conditions of the department’s approval.

(f) An approval granted for construction or installation of a corrosion prevention system, or a new or replacement UST system, or a substantial modification of a UST system shall be valid for one year from the date of issuance.

(g) If construction pursuant to the approval has not commenced within one year, the approval shall be void.

(h) If construction pursuant to the approval has commenced but is not completed within one year, the owner shall notify the department and request an extension to the approval. The department shall grant a one-year extension if:

(1) Any tank(s) and underground piping already installed have been installed in accordance with the approved plan; and

(2) For any tank(s) and underground piping not yet installed, the approved plans conform to all then-current applicable requirements.

(i) If the owner does not qualify for an extension under (g), above, but still wishes to pursue the project, the owner shall reapply for approval as specified in Env-Or 407.01 through Env-Or 407.04.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.05 Requirements for UST System Installers {#sec-env-or-407.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.05}

(a) A UST or UST system component shall be installed only by a certified tank installer.

(b) The certified tank installer also shall:

(1) Be qualified by the manufacturer of the equipment being installed for every component of the system; and

(2) Have an understanding of federal UST regulations and industry codes of practice.

(c) For any component for which requirements are not specified by the manufacturer that is not otherwise specified in the approved plans, including but not limited to aboveground piping system components, the owner and certified tank installer shall install the component in accordance with the following, as applicable, all of which are available as noted in Appendix B:

(1) PEI RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems;

(2) PEI RP 300, Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites;

(3) PEI RP 500, Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment;

(4) PEI RP 800, Recommended Practices for Installation for Installation of Bulk Storage Plants;

(5) PEI RP 1000, “Recommended Practices for the Installation of Marina Fueling Systems”;

(6) PEI RP 1400, “Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems”;

(7) API RP 1615, Installation of Underground Petroleum Storage Systems; and

(8) API RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems.

(d) Unless the owner obtains a specific exception or variance from the state fire marshal as provided in RSA 153:4-a, I and any applicable rules adopted pursuant to RSA 153:5, the owner and certified installer shall comply with all applicable safety and testing requirements specified in:

(1) NFPA 30, Flammable and Combustible Liquids Code;

(2) NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages;

(3) NFPA 31, Standard for the Installation of Oil-Burning Equipment; and

(4) NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.06 UST {#sec-env-or-407.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.06}

System Design Requirements.

(a) All UST systems shall meet the requirements for new facilities specified in Env-Or 405 and the applicable reference standards listed in Env-Or 403.

(b) A UST system shall not be installed within the sanitary protective area of a public water system (PWS) well.

(c) A UST system that already exists within the sanitary protective area of a PWS well shall not be substantially modified or replaced unless:

(1) The PWS owner agrees to the work in writing; or

(2) The department determines that the modified UST system:

a. Would not create any additional threat to the PWS well; or

b. Would be more protective of groundwater from which the PWS well draws than the existing UST system.

(d) A UST system shall not be installed in any area where flooding over the top of the tank is reasonably likely or the ground surface is below the 100-year flood elevation, unless the plans include specific requirements designed to ensure that the tank will not float and its contents will not escape during a flood.

(e) At any new UST site at which installation of a UST system is proposed on or after February 2, 2005, no UST system shall be installed closer than the applicable distance specified in Table 407-1:

Table 407-1: Minimum Distance from UST System to Water Supply Wells

Contents of UST

Public Water Supply Well

Non-Public Water Supply Well

Gasoline

at least 500 feet

at least 250 feet

All other regulated substances

at least 400 feet

at least 75 feet

(f) At any UST facility existing prior to September 1, 2013, if:

(1) A UST system that will have the same contents is added, substantially modified, or replaced, the existing separation distance shall not be decreased below the separation distance specified in table 407-1; and

(2) If a UST system installed on or after the 2018 effective date of this chapter will contain a regulated substance not previously stored at the facility, the UST system shall not be installed closer than the applicable distance specified in table 407-1.

(g) With the exception of marinas and construction that is subject to Env-Or 407.10 relative to installation of fueling systems over surface waters, no UST system at any new site shall be located closer than 75 feet from surface waters of the state.

(h) Storm water runoff from UST facilities shall not be:

(1) Directly discharged to surface water unless a permit for the discharge is obtained under applicable state or federal law; or

(2) Discharged below the ground surface unless a permit is obtained under RSA 485-A:13, I(a) and Env-Wq 402.

(i) Storm water shall not be directed to flow over any tank pad or dispensing pad.

(j) A UST shall be installed such that it has a buoyancy safety factor of at least 1.2 during high groundwater conditions.

(k) Regulated substance shall not be used as ballast for new tank installations.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.07 Notification and Inspection; Backfill {#sec-env-or-407.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.07}

(a) The owner shall not backfill or place into service, and shall not authorize any other person to backfill or place into service, a new or substantially modified UST system until after the department has performed an inspection and determined that the system as installed conforms to the approved plans and specifications or as-built record drawings, as applicable, as specified in this section.

(b) To request authorization to place a new or substantially modified UST into service, the owner shall contact the department to arrange for an inspection of the new or substantially modified system at least 5 department business days prior to the estimated date the tank top or piping, or both, will be backfilled.

(c) At least 8 department working hours prior to an inspection by the department, the owner shall submit to the department a letter prepared and stamped by a New Hampshire licensed professional engineer (NH PE), stating that the installed UST system has been inspected by a NH PE to verify that the system was constructed in accordance with the department’s approved plans and specifications.

(d) If the NH PE’s inspection reveals any discrepancies between the system as installed and the approved plans and specifications, the owner shall submit to the department as-built record drawings prepared and stamped by a NH PE prior to the backfill inspection conducted by the department.

(e) If the department determines, as a result of its inspection, that the system as installed does not conform to the approved plans and specifications, the owner shall:

(1) Submit as-built record drawings prepared and stamped by a NH PE to the department within 30 days of the department’s inspection; and

(2) Notify the department to arrange a follow-up inspection.

(f) After the department determines that the system as installed conforms to the approved plans and specifications or as-built plans, as applicable, the system may be backfilled but shall not be placed into service until the owner has submitted:

(1) All information required for registration specified in Env-Or 404.01(a) and (b);

(2) A stage I/stage II notification and system test report if and as required by Env-Or 500; and

(3) A statement identifying the class A and class B operators, as required by RSA 146-C:17.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.08 Installation Testing Requirements {#sec-env-or-407.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.08}

(a) The certified tank installer shall perform a tightness test of the primary piping, secondary containment piping, vent piping, containment sumps, and all spill containment equipment after installation and prior to backfill to determine tightness in accordance with Env-Or 406.05 through Env-Or 406.08.

(b) If no manufacturer’s test requirements are specified for the primary piping or vent piping, the certified tank installer shall perform the piping pressure test in accordance with API RP 1615.

(1) Certify the results of all tightness testing performed; and

(2) Provide the certified results to the department and the owner at the time of the inspection of the system as specified in Env-Or 407.07.

(d) All line leak detectors shall be tested in accordance with the manufacturer’s requirements.

(e) The certified tank installer shall:

(1) Certify that:

a. All line leak detectors passed a functionality test;

b, All overfill devices passed a functionality test;

c. All spill containment passed integrity testing;

d. All containment sumps passed integrity testing;

e. All leak monitoring system components pass a functionality test; and

f. All motor fuel dispensing tank systems passed primary containment testing; and

(2) Submit the certified test results to the department before any regulated substance is dispensed or used for consumption, as applicable.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.09 Requirements For Replacement of UST System Components {#sec-env-or-407.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.09}

(a) Whenever an existing UST is removed, all applicable requirements of Env-Or 408.06 through Env-Or 408.10 shall be met prior to the installation of a new UST.

(b) For steel USTs, the owner shall:

(1) Thoroughly inspect the tank coating; and

(2) Repair any scratches, gouges, voids, or other discontinuities found in the coating according to the manufacturer’s requirements prior to installation.

(c) Whenever an existing tank is removed prior to the installation of a new tank, all system piping that does not meet the standards specified in Env-Or 405.02 and Env-Or 405.04 shall be closed in accordance with Env-Or 408.06 through Env-Or 408.10.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 407.10 Installation of Fueling Systems over Surface Waters {#sec-env-or-407.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 407.10}

The following shall apply to UST systems, including but not limited to all associated piping systems, for fueling facilities at which fuel is dispensed over surface waters:

(a) All UST systems shall comply with the following, available as noted in Appendix B:

(1) NFPA 30, Flammable and Combustible Liquids Code;

(2) NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages; and

(3) NFPA 303, Marinas and Boatyards;

(b) Piping systems where tanks are at an elevation that produces a pressure due to gravity at the dispenser shall:

(1) Be equipped with an anti-siphon device installed adjacent to and downstream from a manually-operated shutoff valve; and

(2) Have the anti-siphon device and manual shutoff valve located inside a liquid-tight collection sump at the tank;

(d) Piping systems shall:

(1) Have continuous secondary containment and be equipped with liquid-tight intermediate sumps with sensors at locations where runs of continuous secondary containment are joined;

(2) Be equipped with flexible piping with secondary containment between any floating structure and the shore;

(3) Be equipped with a readily-accessible shutoff valve that is:

a. Located on the shore, as close to the shoreline as possible; and

b. Installed adjacent to and upstream from the flexible piping required by (2), above; and

(4) Be protected from physical damage;

(e) Dispensing nozzles shall be automatic closing type without a device that allows the dispensing nozzle to remain open;

(f) Piping shall not be in contact with surface water;

(g) Onshore marina dispensers installed on or after the 2018 effective date of this chapter that are designated for filling portable containers only shall have a level reinforced-concrete dispensing pad that:

(1) Is not less than 5 feet wide by 5 feet long; and

(2) Has positive limiting barriers that:

a. Have a volume of at least one gallon; and

b. Are installed as specified in Env-Or 405.07(b)(1) and (2); and

(h) Onshore marina dispensers that are designated to fuel boated trailers and other land-based equipment shall be constructed in accordance with Env-Or 405.07(b).

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 408 Repair; Closure; Removal

N.H. Code Admin. R. Ann. Env-Or 408.01 Repair of Tanks: Pre-Repair Considerations and Requirements {#sec-env-or-408.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.01}

(a) A liner shall not be installed to repair a UST.

(b) If a tank is to be lined following a repair, the owner shall:

(1) Cause a tightness test to be completed on the tank prior to lining the tank to confirm the success of the repair; and

(2) Not line the tank or use the tank unless the tank passes the tightness test.

(c) A UST that releases a regulated substance to the environment shall not be repaired but rather permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10.

(d) Within 30 days prior to a proposed repair to a UST, the owner shall:

(1) Conduct a tightness test on the UST’s primary and secondary walls in accordance with Env-Or 406.05 through Env-Or 406.08 to ensure that the UST is sound and free of holes or fractures that may cause leaks or releases; or

(2) Conduct an assessment in accordance with Env-Or 408.08 to ensure that the tank is sound and free of corrosion and other holes or fractures that potentially could cause leaks or releases.

(e) If the UST is determined to be repairable pursuant to (d)(1) or (d)(2), above, prior to undertaking the repair the owner shall:

(1) Provide a report to the department regarding the procedures on how the repair will be accomplished;

(2) Provide documentation from the tank manufacturer authorizing the repair; and

(3) Provide the name, daytime telephone number including area code, and certification number and expiration date of the certified tank installer who will perform the repair.

(f) Repairs shall be conducted and tested in accordance with applicable provisions of the following, available as noted in Appendix B:

(1) FTPI RP T-95-02, “Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks;” and

(2) PEI RP 100, “Recommended Practices for Installation of Underground Liquid Storage Systems.”

(g) Repairs to composite tanks shall be conducted in accordance with industry codes of practice developed by a nationally-recognized association.

(h) Repairs to steel tanks shall be conducted in accordance with industry codes of practice developed by a nationally-recognized association.

(i) The owner shall obtain approval as specified in Env-Or 407.01 through Env-Or 407.04 prior to installing a manway on a UST system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.02 Repair of Tanks: Post-Repair Requirements {#sec-env-or-408.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.02}

(a) Following repairs to the tank and prior to adding regulated substance, the owner shall submit to the department a report that includes:

(1) An explanation of the cause and location of the failure;

(2) A description of the procedure that was followed to return the interstitial space to its original operating condition;

(3) Documentation from the tank manufacturer certifying the repair; and

(4) The name and daytime telephone number including area code of the certified tank installer who performed the repair.

(b) Within 30 days of the repair and prior to adding regulated substance, the tank shall be tightness tested in accordance with Env-Or 406.05 through Env-Or 406.08.

(c) The owner shall submit all reports and documents describing the types of the tests, contractor, date, materials, all technical testing data and any other information pertinent to the work performed, as required by (b), above, to the department no later than 30 day after the test.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.03 Repair and Replacement of Underground Piping, Containment Sumps, and Spill Containment {#sec-env-or-408.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.03}

(a) Prior to replacing underground piping or containment sumps, the owner shall obtain an approval in accordance with Env-Or 407.01 through Env-Or 407.04.

(b) Prior to repairing underground piping or containment sumps, the owner shall submit the following to the department:

(1) The name and daytime telephone number including area code of the certified tank installer who will perform the repair;

(2) The results of testing performed in accordance with Env-Or 406.05 through Env-Or 406.08; and

(3) One of the following, as applicable:

a. Written approval from the piping or piping system component manufacturer allowing the repair; or

b. The aftermarket repair product manufacturer’s information legitimizing the product use.

(c) As soon as the repairs are made to piping or containment sumps, the certified tank installer shall test the piping or containment sump, including all connections to the piping or sumps, as applicable, in accordance with Env-Or 406.05 through Env-Or 406.08.

(d) The owner may replace spill containment without first obtaining approval in accordance with Env-Or 407.01 through Env-Or 407.04, but shall comply with (e) through (g), below.

(e) The excavation zone where the spill containment being replaced was located shall be screened in the field for the presence of contamination by:

(1) Visual and olfactory observation; or

(2) Headspace analysis performed with equipment such as a portable organic vapor meter (OVM) or portable gas chromatograph (GC).

(f) As soon as any spill containment equipment is replaced and prior to filling the tank, the spill containment shall be tested in accordance with Env-Or 406.05 through Env-Or 406.08.

(g) No later than 30 days after the date of the repair to the piping or containment sump, and no later than 30 days after the replacement of spill containment, the owner shall submit to the department a written report that contains the following:

(1) A narrative description of the cause of the failure, the work performed, and any other procedures used to repair the piping or containment sumps back to original condition or to replace the spill containment;

(2) The name, certification number, and daytime telephone number including area code of the certified tank installer who performed the repair or replacement, as applicable;

(3) The date of the repair or replacement, as applicable; and

(4) The results of the tightness test performed to confirm the effectiveness of the repair or replacement, as applicable.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.04 Temporary Closure {#sec-env-or-408.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.04}

(a) Temporary closure of a UST system shall be accomplished by:

(1) Removing all regulated substances from the system so that no more than one inch of residue remains in the tank; and

(2) Equipping each opening or access point, such as fill risers, with a lock to secure against unauthorized use or tampering.

(b) All removed substances shall be handled and disposed of in accordance with applicable local, state, and federal requirements.

(c) The owner of a temporarily closed system shall comply with the cathodic protection requirements specified in Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10.

(d) Within 30 days of meeting the above requirements for temporary closure of a UST system, the owner shall report the change in operational status by submitting an amended registration to the department in accordance with Env-Or 404.01.

(e) Any portion of a UST system with secondary containment and leak monitoring that has been temporarily closed for 3 years shall, within 30 days, be:

(1) Reactivated as specified in (f), below;

(2) Allowed to remain in temporary closure provided the conditions specified in (g), below, are met; or

(3) Permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10.

(f) A UST system that has been temporarily closed shall not be placed back into service, nor shall a regulated substance be introduced into the system, unless and until the owner complies with and certifies to the department in writing that the system is in compliance with:

(1) Env-Or 404.01 relative to registration;

(2) Env-Or 404.06 relative to permit to operate;

(3) Env-Or 404.12 relative to financial responsibility;

(4) Env-Or 405.05, Env-Or 405.06, Env-Or 406.11, and Env-Or 406.12 relative to spill containment and overfill prevention;

(5) Env-Or 405.08, Env-Or 405.09, Env-Or 406.05 through Env-Or 406.08, Env-Or 406.09, and Env-Or 406.13 relative to leak monitoring systems and tightness testing;

(6) Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10 relative to cathodic protection;

(7) Env-Or 500 relative to stage I/stage II system requirements; and

(8) Env-Or 406.17 relative to primary containment testing.

(g) A UST system that has been temporarily closed as specified in (e), above, may remain in temporary closure only if the owner certifies to the department in writing, once every 3 years that the system remains in temporary closure, that the system is in compliance with:

(1) Env-Or 404.01 relative to registration;

(2) Env-Or 404.06 relative to permit to operate;

(3) Env-Or 404.12 relative to financial responsibility;

(4) Env-Or 405.05, Env-Or 405.06, Env-Or 406.11, and Env-Or 406.12 relative to spill containment and overfill prevention;

(5) Env-Or 405.08, Env-Or 405.09, Env-Or 406.05 through Env-Or 406.08, and Env-Or 406.13 relative to leak monitoring systems and tightness testing;

(6) Env-Or 405.12, Env-Or 405.13, and Env-Or 406.10 relative to cathodic protection; and

(7) Env-Or 500 relative to stage I/stage II system requirements, except that regulated substance need not be added in order to conduct a pressure decay test otherwise required by Env-Or 504 or Env-Or 505.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.05 Permanent {#sec-env-or-408.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.05}

Closure Required.

(a) With the exception of vent piping, all regulated metal UST systems without corrosion protection shall be permanently closed.

(b) All hazardous substance UST systems without secondary containment and leak monitoring shall be permanently closed.

(c) With the exception of vent piping, any part of an existing single wall UST system that routinely contains regulated substance without secondary containment and leak monitoring shall be permanently closed by December 22, 2015.

(d) When an existing, previously unknown, UST system that is subject to this chapter is discovered, the owner shall:

(1) Register the facility in accordance with Env-Or 404.01 within 30 days of discovering the facility; and

(2) Close the tank system in accordance with Env-Or 408.06 through Env-Or 408.10 within 60 days of registration.

(e) When an existing, previously registered UST system that is subject to this chapter but is not covered by (a) through (d), above, and has not been permanently closed in accordance with Env-Or 408.06 through Env-Or 408.10, the owner shall close the tank system in accordance with Env-Or 408.06 through Env-Or 408.10 within 60 days of determining that the system has not been closed.

(f) The owner of any UST system that has been red-tagged in accordance with RSA 146-C:15 shall bring the system into compliance with all applicable requirements or permanently close the system within one year of the date the red tag was placed.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.06 Permanent Closure: Notification and Supervision Required {#sec-env-or-408.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.06}

(a) The owner shall notify the department at least 14 days prior to any UST system or piping system permanent closure by providing the following information:

(1) The name, mailing address, daytime telephone number including area code, and email address, if any, of the individual submitting the notification;

(2) Information about the facility where the closure is to occur, as follows:

a. Department site number;

b. Facility identification number; and

c. Facility name and physical address, including town or city;

(3) The name, mailing address, daytime telephone number including area code, and email address, if any, of the owner of the facility; and

(4) For each tank affected by the closure, the following information:

a. Tank number;

b. Tank size;

c. Regulated substance contained by tank;

d. Whether the tank or piping is suspected of leaking;

e. Whether only the piping is being closed;

f. Whether the tank will be removed or filled in place; and

g. Whether the tank will be replaced underground;

(5) The name and certificate number of the certified tank remover;

(6) The date the local fire department was notified of the closure; and

(7) The scheduled closure date.

(b) The closure of any part of a UST system shall be supervised by a certified tank remover.

(1) Be present on site during all removal activities; and

(2) Comply with applicable safety, testing, sampling, and reporting requirements such as described in the following American Petroleum Institute publications, available as noted in Appendix B:

a. API RP 1604, Closure of Underground Petroleum Storage Tanks;

b. API RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks; and

c. API STD 2015, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.07 Procedures for Permanent Closure {#sec-env-or-408.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.07}

To permanently close a UST system, the owner shall:

(a) Remove all liquid and sludge from the system;

(b) Clean the system;

(d) After all regulated substances have been removed from the system:

(1) Disconnect and remove all piping system components, including secondary piping; or

(2) If all piping system components cannot be completely removed, remove the piping system components to the greatest extent possible, test the remaining portions for tightness, and permanently cap or plug the piping;

(e) Test the tank for hazardous or explosive vapor, and remove or render such vapors inert;

(f) Remove the UST system unless:

(1) Removing the system would undermine the integrity of any overlying structure or compromise the structural integrity of an adjacent UST system;

(2) Plans have been approved pursuant to Env-Or 407.01 through Env-Or 407.04 to install a field-erected tank within the permanently-closed tank; or

(3) For piping secondary containment, plans have been approved pursuant to Env-Or 407.01 through Env-Or 407.04 to install replacement piping within the existing secondary piping and the secondary piping passes a tightness test;

(g) Perform a site assessment in the area of the tank and piping as specified in Env-Or 408.08 to determine whether any contamination is present; and

(h) For any UST system that is closed in place based on (f)(1), above, completely fill each tank with a solid inert material such that no voids remain in the tank.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.08 Permanent Closure: Site Assessment {#sec-env-or-408.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.08}

The site assessment required by Env-Or 408.07(g) shall be conducted in accordance with Env-Or 600 and the following:

(a) Test pits shall be excavated in the immediate vicinity of the tank and piping to a depth as close to the bottom of the tank and piping as possible;

(b) Representative samples of soil and, when encountered, groundwater, shall be obtained from:

(1) The test pits;

(2) The excavation zone resulting from the removal of the UST and the piping, for USTs and piping that are removed;

(3) Representative locations adjacent to and beneath the UST, including access points through the tank wall, for any UST that will be closed in place; and

(4) Locations adjacent to the system’s piping that could not be removed, unless the piping passes a tightness test pursuant to Env-Or 408.07(d)(2), including;

a. At multiple locations along the piping run, separated by no more than 10 feet; and

b. At piping connections, bends, and joints.

(c) If soil that normally would remain in or be returned to the excavation is removed from the site by the owner as a presumptive remedy during tank closure activities, additional samples shall be taken from beneath the excavated area;

(d) The excavation zone where the UST system or UST system component was located shall be screened in the field for the presence of contamination by visual and olfactory observation and headspace analysis performed with equipment such as a portable organic vapor meter (OVM) or portable gas chromatograph (GC);

(e) Soil samples shall be collected for laboratory analysis as follows:

(1) If field screening does not indicate a release, a minimum of one composite soil sample comprised of at least 5 discrete grab samples shall be collected from representative locations immediately beneath and adjacent to each tank and piping system; and

(2) If field screening or physical observations, or both, indicate a potential release, a minimum of 2 discrete soil samples shall be collected from representative locations immediately beneath and adjacent to each closed tank or piping system with the highest observed contamination;

(f) If field screening or physical observations, or both, indicate a potential release and the facility is served by a water supply well, a water supply well sample shall be collected prior to any treatment system for laboratory analysis.

(g) Each sample taken shall be analyzed for constituents of the regulated substance stored in the system by a laboratory certified under Env-C 300 for those constituents; and

(h) If soil or groundwater contamination from a regulated substance is detected by observation or analysis during closure of a UST system, any owner or operator or other individual shall immediately notify the department as required by RSA 146-A:5.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.09 Permanent Closure: Inspection Required {#sec-env-or-408.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.09}

(a) The owner shall not backfill the excavation zone or remove the UST from the site until the department has inspected:

(1) The soil and groundwater in the vicinity of the UST and piping for evidence of contamination; and

(2) The UST for evidence of corrosion and leakage.

(b) If the department has been notified of the closure date and is unable to inspect the site within 7 department business days of that date, the department shall grant permission for a consultant or other person knowledgeable in site assessments for contamination to inspect the site.

(1) Conduct the inspection specified in (a)(1) and (2), above; and

(2) Submit a report to the department within 30 days of such inspection.

(d) The report required by (c), above, shall contain a detailed account of the inspection, specifically including whether any evidence of soil and groundwater contamination or corrosion and leakage was observed.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.10 Permanent Closure: Closure Report; Recordkeeping {#sec-env-or-408.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.10}

(a) The owner shall submit a closure report to the department within 30 days of the samples being taken.

(b) The report required by (a), above, shall include:

(1) A narrative description of the site and personnel involved, as follows:

a. The department site number and UST facility number;

b. The name, mailing address, daytime telephone number including area code, and email address of the site owner and of a contact person for the facility; and

c. The name and affiliation of each individual on-site during the closure activities, and, for each certified closure contractor who performed the work, the certification number and certification expiration date;

(2) The closure notification as required by Env-Or 408.06;

(3) A summary of field screening sampling results;

(4) A detailed description of the visual inspection of each removed or closed-in-place tank and associated piping, leak detection, and containment systems;

(5) Subsurface information obtained during excavation activities, including soil descriptions, sample locations, and depth of groundwater and bedrock, if encountered;

(6) Representative color photographs of closure activities that are labeled to identify what each photo shows;

(7) One or more tables that summarize laboratory analytical data for chemicals that exceed regulatory limits defined by Env-Or 606.19, Soil Remediation Criteria, and, if applicable, Env-Or 603.03, Ambient Groundwater Quality Standards;

(8) Analytical laboratory data, including test results, chain of custody forms, holding times, and any other information needed to explain the results and any anomalies in the data;

(9) Manifests and disposal records for all materials generated and disposed of in accordance with Env-Or 408.07(c);

(10) A plan or sketch of the site that includes the following:

a. A title, a legend, and a true North arrow;

b. A graphic scale bar or site measurements;

c. The location of prominent site features, including but not limited to site buildings, discharge locations, property boundaries, tank system components, and piping locations;

d. Field screening sample collection locations and laboratory sample collection locations with a unique identifier for each;

e. Locations of any water supply wells, monitoring wells, drainage swales, surface water bodies, or wetlands adjacent to the property; and

f. The limits of the tank and piping excavated areas; and

(11) A summary of findings.

(c) The owner shall retain all documents pertaining to the closure of the UST system, including contractor’s invoices, manifests for disposal of materials, testing and analytical reports, and any other documents generated from the closure for not less than 3 years, provided that the documents shall be retained beyond that period if any legal proceedings involving the site are on-going.

(d) If the owner transfers ownership of the facility during the 3-year document retention period, whether by sale, gift, or any other mechanism, the transferor shall provide all retained documents to the transferee at the time of transfer.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 408.11 Limitations on Re-Use of Tanks {#sec-env-or-408.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 408.11}

(a) As specified in RSA 146-C:8:

(1) USTs that have been removed and do not meet the requirements of Env-Or 405.01 shall not be reinstalled for the purpose of storing regulated substances; and

(2) Any tank that has been used for any regulated substance shall not be reused to store food products.

(b) A tank that has been used to store any regulated substance also shall not be reused to store water.

(1) As specified in RSA 146-C:8, it is:

a. Thoroughly cleaned and inspected, both internally and externally;

b. As a result of such cleaning and inspecting, found to be structurally sound and free of pinholes, cracks, structural damage, or corrosion; and

c. Reinstalled in accordance with all applicable requirements of this chapter; and

(2) Recertified by the tank manufacturer as meeting tank standards for new UST systems.

(d) A tank shall not be reused as an aboveground storage tank.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Part Env-Or 409 Waivers

N.H. Code Admin. R. Ann. Env-Or 409.01 Applicability {#sec-env-or-409.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 409.01}

An owner who wishes to obtain a waiver from any rule in this chapter shall request a waiver as specified in Env-Or 409.02.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 409.02 Waiver Requests {#sec-env-or-409.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 409.02}

(a) To request a waiver, the owner shall submit the following in writing to the department:

(1) The name, mailing address, and daytime telephone number including area code of the owner and, if available, a fax number and e-mail address for the owner;

(2) The name, physical address, and registration number of the facility;

(3) The specific rule, by section and paragraph, for which a waiver is being sought;

(4) A full explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

(5) Whether the need for the waiver is temporary, and if so, the estimated length of time that the waiver will be needed;

(7) A complete explanation of why the requestor believes that having the waiver granted will meet the criteria in Env-Or 409.03.

(b) The owner shall sign and date the request.

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

Deny the request;
Revoke any waiver that is granted based on the information;
If the signer is a professional engineer, refer the matter to the board of professional engineers established by RSA 310-A:3; or
Undertake any combination of 1. through 3., above; and

b. The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(d) The department shall transmit a copy of each waiver request filed in compliance with (a) and (b), above, to EPA within 5 working days of its receipt.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 409.03 Waiver Criteria {#sec-env-or-409.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 409.03}

(a) Subject to (b) through (d), below, the department shall grant a waiver if:

(1) Granting a waiver will not result in an adverse impact on the environment, public health, or public safety that is more significant than that which would result from complying with the rule; and

(2) One or more of the following conditions is satisfied:

a. Granting a waiver is consistent with the intent and purpose of the rule being waived; or

b. Any benefit to the public or the environment is outweighed by the economic and operational consequences of strict compliance with the rule.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify any state statute, unless a waiver is expressly allowed by the statute that would be waived.

(c) No waiver shall be granted if the effect of the waiver would be to waive or modify any federal requirement, unless the federal statute or regulation that establishes the requirement allows for waivers and EPA does not object to the waiver being granted.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

N.H. Code Admin. R. Ann. Env-Or 409.04 Decision on Waiver Requests; Conditions {#sec-env-or-409.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 409.04}

(a) The department shall notify the requestor of the decision in writing within 30 days of receipt of a request that meets the requirements of Env-Or 409.02.

(b) If the request is denied, the department shall identify the specific reason(s) for the denial.

(c) The department shall include such conditions in a waiver as are necessary to ensure that the criteria of Env-Or 409.03 will be met.

(d) If the need for a waiver is temporary, the waiver shall specify the date on which it will expire.

Appendix A: State Statutes and Federal Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statutes/Regulations Implemented

Env-Or 400 (also see specific parts/sections listed below)

RSA 146-C

42 U.S.C. Chapter 82, Subchapter IX;

40 CFR 280

Env-Or 404.01 - 404.02

RSA 146-C:3

42 U.S.C. 6991a(c); 40 CFR 280.22

Env-Or 404.03

RSA 146-C:3

40 CFR 280.22

Env-Or 404.04 - 404.05

RSA 146-C:3

42 U.S.C. 6991a(c); 40 CFR 280.22

Env-Or 404.06 - 404.08

RSA 146-C:4, I

Env-Or 404.09

RSA 146-C:5, I & II

40 CFR 280.34; 40 CFR 280.45

Env-Or 404.10

RSA 146-C:6

Env-Or 404.11

RSA 146-C:4, I

Env-Or 404.12

RSA 146-C:3, I(e);

RSA 146-C:7, III

42 U.S.C. 6991b(d);

40 CFR 280, Subpart H

Env-Or 404.13

RSA 146-C:11, I

42 U.S.C. 6991b(h)(6)(C)i

Env-Or 405.01 - 405.04

RSA 146-C:2

40 CFR 280.20(a) - (b)

Env-Or 405.05 - 405.09

RSA 146-C:2

40 CFR 280.30

Env-Or 405.10 - 405.11

RSA 146-C:2

40 CFR 280.31

Env-Or 406.01

RSA 146-C:2

40 CFR 280 Subpart D

Env-Or 406.02

RSA 146-C:2

40 CFR 280.43(g)

Env-Or 406.03

RSA 146-C:2; RSA 146-C:3;

RSA 146-C:4, I

40 CFR 280.30

Env-Or 406.04

RSA 146-C:2

40 CFR 280.50

Env-Or 406.05 - 406.07

RSA 146-C:2

40 CFR 280 Subpart D

Env-Or 406.08 - 406.16

RSA 146-C:2

40 CFR 280.40, .41, .43-.45, .50

Env-Or 406.17

RSA 146-C:2

Env-Or 406.18 - 406.19

RSA 146-C:5

40 CFR 280.31, .40

Env-Or 407.01 - 407.10

RSA 146-C:7, I

42 U.S.C. 6991a(i)(2)(B); 40 CFR 280.20, .21, .22

Env-Or 408.01 - 408.03

RSA 146-C:7, I

40 CFR 280.33

Env-Or 408.04 - 408.10

RSA 146-C:2

42 U.S.C. 6991a(c)(5); 40 CFR 280.70, .71

Env-Or 408.11

RSA 146-C:8

Env-Or 409

RSA 541-A:22, IV

Appendix B: Incorporation by Reference Information

Rule

Title (Date)

Obtain at:

Env-Or 403.02(a)

Env-Or 408.06(c)(2)a.

RP 1604, Closure of Underground Petroleum Storage Tanks (1996)

American Petroleum Institute

1220 L Street, NW

Washington, DC 20005-4070

(202) 682-8000

http://www.api.org

Env-Or 403.02(b)

Env-Or 407.05(c)(7)

Env-Or 407.08(b)

RP 1615, Installation of Underground Petroleum Storage Systems (2011)

Env-Or 403.02(c)

Env-Or 408.06(c)(2)b.

RP 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks (2001)

Env-Or 403.02(d)

Env-Or 407.05(c)(8)

RP 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems (1996)

Env-Or 403.02(e)

Env-Or 408.06(c)(2)c.

STD 2015, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks (2001)

Env-Or 403.03(a)

Env-Or 405.02(h)(1)

ASME B31.3, Process Piping (2010)

ASME International

22 Law Drive

P.O. Box 2900

Fairfield, NJ 07007-2900

(800) 843-2763

http://www.asme.org

Env-Or 403.03(b)

Env-Or 405.02(h)(2)

ASME B31.4, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (2009)

Env-Or 403.04(a)

Env-Or 408.01(f)(1)

Recommended Practice T-95-02, Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks (1995)

Fiberglass Tank and Pipe Institute

8252 S. Harvard Avenue, Suite 102, Tulsa, OK 74137, (918) 809-6292

http://www.fiberglasstankandpipe.com

Env-Or 403.05(a)

Env-Or 405.10(b)(3)

SP0285-2011, Corrosion Control of Underground Storage Tank Systems by Cathodic Protection (2011)

NACE International

1440 South Creek Drive

Houston, TX 77084-4906

(281) 228-6223

http://www.nace.org

Env-Or 403.06(a)(1)

Env-Or 405.12(a)(3)

Env-Or 407.05(d)(1)

Env-Or 407.10(a)(1)

NFPA 30, Flammable and Combustible Liquids Code (As specified in State Fire Code)

National Fire Protection Association

1 Batterymarch Park

Quincy, MA 02169-7471

(800) 344-3555

http://www.nfpa.org

Env-Or 403.06(a)(2)

Env-Or 407.05(d)(2)

Env-Or 407.10(a)(2)

NFPA 30A, Motor Fuel Dispensing Facilities and Repair Garages (As specified in State Fire Code)

Env-Or 403.06(a)(3)

Env-Or 407.05(d)(3)

NFPA 31, Standard for the Installation of Oil-Burning Equipment (As specified in State Fire Code)

Env-Or 403.06(a)(4)

NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and gas Turbines (As specified in State Fire Code)

Env-Or 403.06(a)(5)

NFPA 70, National Electrical Code (As specified in State Fire Code)

Env-Or 403.06(a)(6)

NFPA 110, Standard for the Emergency and Standby Power Systems (As specified in State Fire Code)

Env-Or 403.06(a)(7)

Env-Or 407.10(a)(3)

NFPA 303, Marinas and Boatyards (As specified in State Fire Code)

Env-Or 403.06(a)(8)

Env-Or 407.05(d)(4)

NFPA 329, Recommended Practice for Handling Releases of Flammable and Combustible Liquids and Gases (2015)

Env-Or 403.07(a)

Env-Or 407.05(c)(1)

Env-Or 408.01(f)(2)

RP 100, Recommended Practices for Installation of Underground Liquid Storage Systems (2017)

Petroleum Equipment Institute

P.O. Box 2380

Tulsa, OK 74101-2380

(918) 494-9696

http://pei.org

Env-Or 403.07(b) Env-Or 407.05(c)(2)

RP 300, Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites (2009)

Env-Or 403.07(c)

Env-Or 407.05(c)(3)

RP 500, Recommended Practices for Inspection and Maintenance of Motor Fuel Dispensing Equipment (2011)

Env-Or 403.07(d)

RP 700, Recommended Practices for Design and Maintenance of Fluid Distribution systems at Vehicle maintenance Facilities (2014)

Env-Or 403.07(e)

Env-Or 407.05(c)(4)

RP 800, Recommended Practices for Installation of Bulk Storage Plants (2008)

Env-Or 403.07(f)

RP 900, Recommended Practices for Inspection and maintenance of UST Systems (2017)

Env-Or 403.07(g)

Env-Or 407.05(c)(5)

RP 1000, Recommended Practices for the Installation of Marina Fueling Systems (2014)

Env-Or 403.07(h)

Env-Or 406.05(d)(1)

RP 1200, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (2012)

Env-Or 403.07(i)

RP 1300, Recommended Practices for the Design, Installation, Service, repair and maintenance of Aviation Fueling Systems (2013)

Env-Or 403.07(j)

Env-Or 407.05(c)(6)

RP 1400, Recommended Practices for the Design and Installation of Fueling Systems for Emergency Generators, Stationary Diesel Engines and Oil Burner Systems (2014)

Appendix C: Statutory Definitions

RSA 146-A:2:

III: “Oil” means petroleum products and their by-products of any kind, and in any form including, but not limited to, petroleum, fuel, sludge, crude, oil refuse or oil mixed with wastes and all other liquid hydrocarbons regardless of specific gravity and which are used as motor fuel, lubricating oil, or any oil used for heating or processing. The term "oil'' shall not include natural gas, liquified petroleum gas or synthetic natural gas regardless of derivation or source;

RSA 146-C:1:

II. “Discharge” means the release or addition of any oil or hazardous substance to land, groundwater or surface water.

IV. “Existing facility” means a facility the construction or installation of which began prior to September 17, 1985.

V. “Facility” means an assemblage of tanks, pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission, or dispensing of oil or a hazardous substance, and which are within the size, capacity, and other specifications prescribed by rules adopted by the department pursuant to RSA 146-C:9, VI.

VII-a. “Hazardous substance” means material defined as a regulated substance under 42 U.S.C. 6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA 146-C:9, VI-a.

X. “New facility” means a facility the construction or installation of which begins on or after September 17, 1985, including, but not limited to, facilities which replace existing facilities, facilities which are moved from one location to another, and facilities which are substantially modified after September 17, 1985.

XII. “Oil” means “oil” as defined in RSA 146-A:2.

XIII. “Operator” means the person who has responsibility for the care, custody, and control of the daily operation of a facility.

XIII-a. “Class A operator” means the individual or individuals designated by the owner to have primary statutory and regulatory responsibility for the operation and maintenance of the facility. The “class A operator” may hold more than one class of operator position.

XIII-b. “Class B operator” means the individual or individuals designated by the owner to implement applicable regulatory requirements and implement the daily aspects of the operation, maintenance, and recordkeeping for the facility. The "class B operator'' may hold more than one class of operator position.

XIII-c. “Class C operator” means the individual or individuals designated by the owner to have primary responsibility for responding to alarms, emergencies presented by spills or releases, and other problems associated with the operation of the facility. The "class C operator'' may hold more than one class of operator position.

XIV. “Owner” means the person in possession of or having legal ownership of a facility. In addition, for facilities no longer in use, "owner'' includes the person having had legal ownership of such facility immediately prior to discontinuance of its use.

XIV-a. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state and agencies thereof, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, the United States government and agencies thereof, and any other legal entity.

XV. “Residential building” means any house, apartment, trailer, manufactured housing, or other structure occupied by individuals as a domicile.

XVI. “Substantial modification” means the construction or installation of any addition to a facility or any restoration or renovation of a facility which: increases or decreases the on-site storage capacity of the facility; significantly alters the physical configuration of the facility; or impairs or improves the physical integrity of the facility or its monitoring systems. On-site abandonment is specifically excluded as a “substantial modification” of a facility.

XVIII. “Underground storage facility” means a facility or facility component that is 10 percent or more below the surface of the ground and is not fully visible for inspection.

RSA 485:1-a:

RSA 485-A:2:

Appendix D: Excerpts from RSA 146-C

RSA 146-C:3 Registration of Underground Storage Facilities.

I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information:

(a) Facility name, location, and mailing address.

(b) Owner's name, mailing address, and telephone number.

(d) Tank information: the size, age, type of tank material, location (on-site), and product stored.

(e) Demonstration of financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this subparagraph.

II. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department, and shall provide the following information to the extent that it may reasonably be available to the owner:

(a) Results of previous tank testings conducted in accordance with department rules, including documentation of test results.

(b) All previous owners and lessees with names and current addresses.

(c) A detailed description of the facility; the size of tanks (physical dimensions), number of fill boxes, number and type of fittings attached to tanks, complete description of underground piping system, type of cathodic protection, date each tank was manufactured, installed, relined, and inspected, and tank manufacturer, and the date and results of the latest tightness test of all underground tanks.

(d) The estimated life expectancy of all inground tanks and appurtenances.

(e) Description and date of past discharges or disposal, remedial actions, ground and surface water monitoring results, and closure plans.

(f) Detailed site plan and layout.

(g) Existing groundwater protection monitoring programs, if any.

III. The owner of a registered underground storage facility shall report any changes in the information provided under paragraph I or II within 10 days of the change.

IV. The registration required under this section shall be maintained for the life of the facility. A registration need not be maintained if the department has received written notice that the registered underground storage facility has been closed by approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure.

V. The department shall forward information compiled under this section to the federal Environmental Protection Agency pursuant to 42 U.S.C. 6991a(c).

RSA 146-C:4 Underground Storage Facility Permit Required.

I. No person shall own or operate an underground storage facility in this state without a permit issued by the department. The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the department's rules. The revocation shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the department's decision to revoke the permit. Appeal of a decision revoking a permit to operate shall be governed by RSA 21-O:14. Any appeal brought pursuant to RSA 541 shall not stay a decision by the council which affirms the department's revocation of a permit.

II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times.

III. [Repealed.]

Appendix E: 40 CFR Provisions Referenced

§280.12 Definitions.

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); and

(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). The term regulated substance includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

§ 280.20 Performance standards for new UST systems.

In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements. In addition, except for suction piping that meets the requirements of §280.41(b)(1)(ii)(A) through (E), tanks and piping installed or replaced after April 11, 2016 must be secondarily contained and use interstitial monitoring in accordance with §280.43(g). Secondary containment must be able to contain regulated substances leaked from the primary containment until they are detected and removed and prevent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping is considered to be replaced, the entire piping run must be secondarily contained.

(a) Tanks. Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

(1) The tank is constructed of fiberglass-reinforced plastic; or

Note to paragraph (a)(1). 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) Underwriter's Laboratories of Canada S615, “Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids”.

(2) The tank is constructed of steel and cathodically protected in the following manner:

(i) The tank 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 §280.31(c); and

(iv) Cathodic protection systems are operated and maintained in accordance with §280.31 or according to guidelines established by the implementing agency; or

Note to paragraph (a)(2). The following codes of practice may be used to comply with paragraph (a)(2) of this section:

(A) Steel Tank Institute “Specification STI-P3® Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks”;

(B) Underwriters Laboratories Standard 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;

(C) Underwriters Laboratories of Canada S603, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids,” and S603.1, “Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids,” and S631, “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 SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection,” and Underwriters Laboratories Standard 58, “Standard for Steel Underground Tanks for Flammable and Combustible Liquids”.

(3) The tank is constructed of steel and clad or jacketed with a non-corrodible material; or

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 1746, “External Corrosion Protection Systems for Steel Underground Storage Tanks”;

(B) Steel Tank Institute ACT-100® Specification F894, “Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks”;

(C) Steel Tank Institute ACT-100-U® Specification F961, “Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks”; or

(D) Steel Tank Institute Specification F922, “Steel Tank Institute Specification for Permatank®”.

(4) The tank is constructed of metal without additional corrosion protection measures provided that:

(i) 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

(ii) Owners and operators maintain records that demonstrate compliance with the requirements of paragraph (a)(4)(i) of this section for the remaining life of the tank; or

(5) The tank construction and corrosion protection are determined by the implementing agency 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 paragraphs (a)(1) through (4) of this section.

(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 below.

(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, “Nonmetallic Underground Piping for Flammable Liquids”; or

(B) Underwriters Laboratories of Canada Standard S660, “Standard for Nonmetallic 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 §280.31(c); and

(iv) Cathodic protection systems are operated and maintained in accordance with §280.31 or guidelines established by the implementing agency; or

Note to paragraph (b)(2). The following codes of practice 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 Storage and Dispensing Systems”;

(D) NACE International Standard Practice SP 0169, “Control of External Corrosion on Underground or Submerged Metallic Piping Systems”; or

(E) NACE International Standard Practice SP 0285, “External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection”.

(3) 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)(3)(i) of this section for the remaining life of the piping; or

(4) The piping construction and corrosion protection are determined by the implementing agency 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.

(c) Spill and overfill prevention equipment. (1) Except as provided in paragraphs (c)(2) and (3) of this section, to prevent spilling and overfilling associated with product transfer to the UST system, owners and operators must use the following spill and overfill prevention equipment:

(i) Spill prevention equipment that will prevent release of product to the environment when the transfer hose is detached from the fill pipe (for example, a spill catchment basin); and

(ii) Overfill prevention equipment that will:

(A) Automatically shut off flow into the tank when the tank is no more than 95 percent full; or

(B) Alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm; 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 (c)(1) of this section if:

(i) Alternative equipment is used that is determined by the implementing agency to be no less protective of human health and the environment than the equipment specified in paragraph (c)(1)(i) or (ii) of this section; or

(ii) The UST system is filled by transfers of no more than 25 gallons at one time.

(3) Flow restrictors used in vent lines may not be used to comply with paragraph (c)(1)(ii) of this section when overfill prevention is installed or replaced after October 13, 2015.

(4) Spill and overfill prevention equipment must be periodically tested or inspected in accordance with §280.35.

(d) 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.

Note to paragraph (d). Tank and piping system installation practices and procedures described in the following codes of practice may be used to comply with the requirements of paragraph (d) of this section:

(A) American Petroleum Institute Publication 1615, “Installation of Underground Petroleum Storage System”;

(B) Petroleum Equipment Institute Publication RP100, “Recommended Practices for Installation of Underground Liquid Storage Systems”; or

(C) National Fire Protection Association Standard 30, “Flammable and Combustible Liquids Code” and Standard 30A, “Code for Motor Fuel Dispensing Facilities and Repair Garages”.

(e) Certification of installation. All owners and operators must ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with paragraph (d) of this section by providing a certification of compliance on the UST notification form in accordance with §280.22.

(1) The installer has been certified by the tank and piping manufacturers; or

(2) The installer has been certified or licensed by the implementing agency; or

(3) The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation; or

(4) The installation has been inspected and approved by the implementing agency; or

(5) All work listed in the manufacturer's installation checklists has been completed; or

(6) The owner and operator have complied with another method for ensuring compliance with paragraph (d) of this section that is determined by the implementing agency to be no less protective of human health and the environment.

(f) Dispenser systems. Each UST system must be equipped with under-dispenser containment for any new dispenser system installed after April 11, 2016.

(1) A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at an UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

(2) Under-dispenser containment must be liquid-tight on its sides, bottom, and at any penetrations. Under-dispenser containment must allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

History

(See Revision Note #1 at chapter heading for Env-Or 400) #10393, eff 9-1-18; ss by #12643, eff 10-10-18 (See Revision Note #2 at chapter heading for Env-Or 400)

Chapter Env-Or 500 Recovery of Gasoline Vapors

Part Env-Or 501 Purpose; Applicability

N.H. Code Admin. R. Ann. Env-Or 501.01 Purpose {#sec-env-or-501.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 501.01}

The purpose of this part is to regulate emissions of volatile organic compounds (VOCs) from gasoline storage tanks, gasoline dispensing facilities, and cargo trucks in accordance with sections 182(b)(3) and 184 of the Clean Air Act, as amended.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 501.02 Recovery of Gasoline Vapors {#sec-env-or-501.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 501.02}

Applicability. This chapter shall apply to gasoline storage tanks, gasoline dispensing facilities, and cargo trucks as follows:

(a) Env-Or 503 shall apply to all gasoline storage tanks having a capacity of 250 gallons or greater;

(b) Env-Or 504, Env-Or 506, Env-Or 508, and all applicable reference standards listed in Env-Or 509 shall apply to any gasoline dispensing facility, including those at airports and marinas, that:

(1) Has any gasoline storage tank with a capacity equal to or greater than 1,100 gallons of gasoline; or

(2) Has a total facility throughput of equal to or greater than 10,000 gallons of gasoline per rolling 30-day period;

(1) Is subject to stage I requirements; and

(2) Met the criteria specified in Env-Or 505.01(a) as effective November 17, 2012 under OLS document #10229, reprinted in Appendix E; and

(d) Env-Or 507, Env-Or 508, and all applicable reference standards listed in Env-Or 509 shall apply to any cargo truck that delivers gasoline to any gasoline dispensing facility that meets the applicability criteria for stage I as stated in (b), above.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 501.03 Cargo Trucks at Bulk Facilities {#sec-env-or-501.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 501.03}

The owner or operator of any cargo truck that receives gasoline from a bulk gasoline loading terminal as defined in Env-A 1202.22 or that delivers gasoline to or receives gasoline from a bulk gasoline plant as defined in Env-A 1202.23 shall comply with the vapor recovery requirements in Env-A 1217.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

Part Env-Or 502 Definitions

N.H. Code Admin. R. Ann. Env-Or 502.01 2-point system {#sec-env-or-502.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.01}

“2-point system” means a type of stage I system that uses a vapor return connection at the gasoline storage tank or at the manifold that is independent of the fill connection, for which separate connections are made for the gasoline and vapor recovery hoses. This is also known as a “dual-point system.”

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.02 Air contaminant {#sec-env-or-502.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.02}

“Air contaminant” means “air contaminant” as defined in RSA 125-C:2, II, reprinted in Appendix C.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.03 Assist system {#sec-env-or-502.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.03}

“Assist system” means a type of stage II system which uses a vacuum pump to assist the transfer of displaced vapors from a motor vehicle fuel tank into a gasoline storage tank at a gasoline dispensing facility.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.04 Balance system {#sec-env-or-502.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.04}

“Balance system” means a type of stage II system which relies on a tight seal between the nozzle and the vehicle fill port which causes the displacement and transfer of vapors from a motor vehicle fuel tank into a gasoline storage tank.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.05 Cargo truck {#sec-env-or-502.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.05}

“Cargo truck” means any motor vehicle designed or used to transport or deliver gasoline. The term includes “gasoline tank truck” as used in Env-A 1217 and “gasoline cargo tank” as used in 40 CFR Part 63, Subpart CCCCCC.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.06 Certified vapor recovery system {#sec-env-or-502.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.06}

“Certified vapor recovery system” means a vapor recovery system that is configured, certified, and operated as specified in the applicable reference standard in Env-Or 509.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.07 Coaxial system {#sec-env-or-502.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.07}

“Coaxial system” means a type of stage I system which consists of a tube within a tube, such that gasoline is delivered to the gasoline storage tank through the inner tube and the vapors from the gasoline storage tank are returned via the interstice surrounding the fill tube, with a single coupling servicing both the gasoline and vapor recovery hoses.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.08 Emission {#sec-env-or-502.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.08}

“Emission” means “emission” as defined in RSA 125-C:2, VIII, reprinted in Appendix C.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.09 Gasoline {#sec-env-or-502.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.09}

“Gasoline” means motor fuel containing any petroleum distillate where the Reid vapor pressure of the fuel is greater than 4.0 pounds per square inch (psi).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.10 Gasoline dispensing facility {#sec-env-or-502.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.10}

“Gasoline dispensing facility” means any stationary facility that dispenses gasoline directly into the fuel tank of a motor vehicle, motorized water vessel, or airplane. The term includes all equipment necessary for the purpose, including but not limited to nozzles, dispensers, pumps, vapor return lines, plumbing, and gasoline storage tanks.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.11 Gasoline storage tank {#sec-env-or-502.11 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.11}

“Gasoline storage tank” means any tank used to store gasoline other than a tank that is used as part of the bulk operations at a bulk gasoline loading terminal or bulk gasoline plant.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.12 Leak free {#sec-env-or-502.12 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.12}

“Leak free” means a system where no gasoline is leaked while the system is pressurized.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.13 Lower explosive limit (LEL) {#sec-env-or-502.13 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.13}

“Lower explosive limit (LEL)” means the lowest concentration of a gas or vapor percentage by volume in air that burns or explodes if an ignition source is present at ambient temperature.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.14 Manifold {#sec-env-or-502.14 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.14}

“Manifold” means a device used to interconnect gasoline storage tanks via a tank vent piping system at a gasoline dispensing facility.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.15 Monthly throughput {#sec-env-or-502.15 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.15}

“Monthly throughput” means “monthly throughput” as defined in 40 CFR §63.11132, reprinted in Appendix C.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.16 Motor vehicle {#sec-env-or-502.16 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.16}

“Motor vehicle” means an on-road vehicle powered in whole or in part by an internal combustion engine.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.17 Owner or operator {#sec-env-or-502.17 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.17}

“Owner or operator” means “owner or operator” as defined in 40 CFR §51.100, reprinted in Appendix C.

History

#13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.18 Poppetted dry break {#sec-env-or-502.18 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.18}

“Poppetted dry break” means a stage I coupling equipped with a poppet valve that prevents vapors in a gasoline storage tank from escaping when a vapor return hose is not connected.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.20)

N.H. Code Admin. R. Ann. Env-Or 502.19 Pressure/Vacuum (PV) vent cap {#sec-env-or-502.19 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.19}

“Pressure/Vacuum (PV) vent cap” means a relief valve installed on a stage I system that is designed to open at specific pressure and vacuum settings to protect the system from excessive pressure or vacuum.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.21)

N.H. Code Admin. R. Ann. Env-Or 502.20 Reid vapor pressure {#sec-env-or-502.20 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.20}

“Reid vapor pressure” means the absolute vapor pressure as determined by the American Society for Testing and Materials (ASTM), test method D323-08.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.22)

N.H. Code Admin. R. Ann. Env-Or 502.21 Stage I {#sec-env-or-502.21 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.21}

“Stage I” means the regulatory system that requires the capture of vapors from bulk gasoline transfers.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.24)

N.H. Code Admin. R. Ann. Env-Or 502.22 Stage I equipment {#sec-env-or-502.22 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.22}

“Stage I equipment” means all components and connections in a stage I system including but not limited to dry breaks, 2-point fill adaptors, coaxial fill adaptors, PV vent caps, vent piping, manifold piping, and gasoline storage tanks on which the stage I controls are located.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.26)

N.H. Code Admin. R. Ann. Env-Or 502.23 Stage I system {#sec-env-or-502.23 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.23}

“Stage I system” means the stage I equipment installed to recover gasoline vapors displaced from a gasoline storage tank during gasoline delivery and feed the vapors back into the cargo truck.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.25)

N.H. Code Admin. R. Ann. Env-Or 502.24 Stage II {#sec-env-or-502.24 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.24}

“Stage II” means the regulatory system that requires the capture of vapors from gasoline transfers from bulk storage to individual motor vehicles.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.27)

N.H. Code Admin. R. Ann. Env-Or 502.25 Stage II equipment {#sec-env-or-502.25 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.25}

“Stage II equipment” means all components and connections in a stage II system including but not limited to vapor return piping, coaxial hoses through which the vapor flows, gasoline nozzles, vapor pumps, and gasoline dispensers, as applicable.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.29)

N.H. Code Admin. R. Ann. Env-Or 502.26 Stage II system {#sec-env-or-502.26 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.26}

“Stage II system” means the stage II equipment installed at a gasoline dispensing facility to recover gasoline vapors displaced from a motor vehicle fuel tank during refueling of the motor vehicle and return the vapors to the facility’s gasoline storage tank.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.28)

N.H. Code Admin. R. Ann. Env-Or 502.27 Submerged fill tube {#sec-env-or-502.27 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.27}

“Submerged fill tube” means a tube used to load or deliver gasoline into a gasoline storage tank where the gasoline discharge is totally submerged throughout the entire gasoline delivery.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.30)

N.H. Code Admin. R. Ann. Env-Or 502.28 Substantial modification {#sec-env-or-502.28 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.28}

“Substantial modification” means any construction or alteration of a stage I system that is not normal upkeep or maintenance.

History

13458, eff 10-7-22

N.H. Code Admin. R. Ann. Env-Or 502.29 Swivel adaptor {#sec-env-or-502.29 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.29}

“Swivel adaptor” means a device mounted on the fill riser pipe and vapor return riser of a gasoline storage tank that prevents loosening or over-tightening of the adaptor by means of a swivel-type mechanism.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.31)

N.H. Code Admin. R. Ann. Env-Or 502.30 Throughput {#sec-env-or-502.30 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.30}

“Throughput” means the amount of gasoline dispensed by a gasoline dispensing facility.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.33)

N.H. Code Admin. R. Ann. Env-Or 502.31 Ullage {#sec-env-or-502.31 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.31}

“Ullage” means the empty volume of a gasoline storage tank system that contains liquid gasoline. For vapor recovery systems, ullage is expressed as accumulated gallons of empty volume for all of the gasoline storage tanks in a certified vapor recovery system.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.35)

N.H. Code Admin. R. Ann. Env-Or 502.32 Vapor tight {#sec-env-or-502.32 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.32}

“Vapor tight” means equipment or a system where there is no loss of vapors, as determined by ensuring that the concentration of vapors at a potential leak source is not equal to or greater than 100 percent of the LEL when measured with a combustible gas detector, calibrated with hexane or equivalent, at a distance of one inch from the source.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22 (formerly Env-Or 502.36)

N.H. Code Admin. R. Ann. Env-Or 502.33 Working days {#sec-env-or-502.33 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 502.33}

“Working days” means calendar days exclusive of weekends and state holidays.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 502.37)

Part Env-Or 503 Requirements Applicable to All Gasoline Storage Tanks 250 Gallons or Greater

N.H. Code Admin. R. Ann. Env-Or 503.01 Submerged Fill Tube Requirements {#sec-env-or-503.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 503.01}

The owner or operator of a gasoline storage tank having a capacity equal to or greater than 250 gallons shall:

(a) Equip the tank with a submerged fill tube;

(b) Install the submerged fill tube so there is a clearance of at least 4 inches but less than 6 inches between the bottom of the tank and the point at which gasoline can first exit the submerged fill tube; and

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 503.02 Gasoline Mishandling Prohibited {#sec-env-or-503.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 503.02}

No person shall deliberately, recklessly, or negligently mishandle gasoline being delivered to or unloaded from a gasoline storage tank having a capacity equal to or greater than 250 gallons such that gasoline could evaporate into the atmosphere. For purposes of this section, mishandling includes but is not limited to spilling, discarding onto the ground or into a sewer or storm drain, or storing in an open container.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 503.03 Throughput Recordkeeping Required {#sec-env-or-503.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 503.03}

The owner or operator of a gasoline storage tank having a capacity equal to or greater than 250 gallons shall:

(a) Record daily gasoline throughput volume;

(b) Maintain the records required by (a), above, for not less than 3 years; and

(c) Make such records available for inspection and copying upon written request by the department or the U.S. Environmental Protection Agency (EPA).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 503.04 Required Throughput Reporting {#sec-env-or-503.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 503.04}

(a) The owner or operator of a gasoline storage tank having a capacity equal to or greater than 250 gallons at a gasoline dispensing facility that has not been subject to stage I requirements shall report throughput information in writing to the department within 30 days of the facility’s throughput equaling or exceeding 10,000 gallons per rolling 30-day period.

(b) The written submittal required by (a), above, may be submitted on paper, via email, or via fax.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

Part Env-Or 504 Stage I Requirements for Gasoline Dispensing Facilities

N.H. Code Admin. R. Ann. Env-Or 504.01 Continuing Applicability of Stage I Requirements For Gasoline Dispensing Facilities {#sec-env-or-504.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.01}

(a) Any gasoline dispensing facility that meets the applicability criteria specified in Env-Or 501.02(b) shall continue to be subject to the stage I requirements even if a reduction in throughput occurs that would otherwise exempt the facility from these requirements.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 504.02 Stage I Equipment Requirements {#sec-env-or-504.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.02}

(a) The owner or operator of a gasoline dispensing facility that is subject to this part shall:

(1) Install and maintain a stage I system that is a certified vapor recovery system;

(2) Equip each vent pipe on an underground or aboveground gasoline storage tank with a PV vent cap, provided that reconstructed or newly constructed vent pipes installed after the 2022 effective date of this chapter shall be threaded and the caps approved by the California Air Resources Board (CARB);

(3) Label each PV vent cap with the cap’s rated pressure and vacuum relief setting;

(4) Position the label specified in (3), above, so that it is visible from ground level;

(5) Install a submerged fill tube as specified in Env-Or 503.01;

(6) For a 2-point system, replace any failed fill adaptor with a swivel adaptor:

(7) For a new facility, install a 2-point system;

(8) For existing coaxial fills, for any substantial modification to the tank top or replacement of the system, replace with a 2-point system; and

(9) Install a fill adaptor cap with a properly sealed gasket attached at all times, except when gasoline is being delivered.

(b) Unless otherwise specified in an applicable reference standard for the installed certified vapor recovery system, the owner or operator shall install PV vent caps on underground gasoline storage tanks and on aboveground gasoline storage tanks as follows:

(1) For pressure, 2.5 to 6.0 inches water column pressure; and

(2) For vacuum, 6.0 to 10.0 inches water column vacuum.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 504.03 Stage I System Operational Requirements {#sec-env-or-504.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.03}

(a) The owner or operator of a gasoline dispensing facility that is subject to this part shall:

(1) Operate the stage I system to recover at least 95% of all gasoline vapors at the facility or to be at least as efficient as the manufacturer’s design efficiency, whichever is higher;

(2) Operate all stage I equipment as specified by the manufacturer or the applicable reference standard specified in Env-Or 509; and

(3) Use the installed submerged fill tube to fill the tank.

(b) No person shall transfer or allow the transfer of gasoline into a gasoline storage tank at a gasoline dispensing facility that is subject to this part unless the tank is equipped with an operational stage I certified vapor recovery system.

(c) No person shall deliberately, recklessly, or negligently vent any gasoline vapors captured by a stage I system to the atmosphere.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 504.04 Required Stage I System Inspections and Maintenance {#sec-env-or-504.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.04}

The owner or operator of a gasoline dispensing facility that is subject to this part shall:

(a) Conduct monthly maintenance inspections of all stage I equipment at the facility as specified in RSA 146-C:19, II, reprinted in Appendix D, for monthly inspections;

(b) Conduct an annual maintenance inspection of all stage I equipment at the facility as specified in Env-Or 504.05;

(c) Maintain stage I equipment as specified by the manufacturer or the applicable reference standard specified in Env-Or 509; and

(d) Maintain all stage I equipment, except PV vent caps, to be leak free and vapor tight.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 504.05 Stage I System Annual Maintenance Inspection {#sec-env-or-504.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.05}

(a) Subject to (e), below, the owner or operator shall perform the annual maintenance inspections required by Env-Or 504.04(b):

(1) No later than September 30 of each calendar year; and

(2) Subject to (b), below, no sooner than 10 months after the prior annual inspection.

(b) If a stage I test is done in lieu of an annual inspection as provided in (e), below, the owner or operator shall perform the next annual maintenance inspection no sooner than 10 months after the stage I test.

(c) The owner or operator shall document each annual maintenance inspection, including all findings and repairs made, with written or electronic records kept in accordance with Env-Or 506.04.

(d) During each annual maintenance inspection, the owner or operator shall:

(1) Perform all inspections and maintenance specified in RSA 146-C:19, II, reprinted in Appendix D, for monthly inspections;

(2) Replace or permanently plug each drain valve located in each spill bucket;

(3) Verify that adaptor caps and dust covers are not in contact with overlying access covers; and

(4) Ensure that the submerged fill tube has the clearance specified in Env-Or 503.01(b).

(e) An annual maintenance inspection shall not be required for any calendar year in which the stage I system successfully passes a stage I system test performed as specified in Env-Or 504.06 through Env-Or 504.09 prior to the due date of the annual inspection as specified in (a), above.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 504.06 Recovery of Gasoline Vapors {#sec-env-or-504.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.06}

Stage I System Testing Requirements.

(a) The owner or operator of a gasoline dispensing facility that is subject to this part shall perform stage I system testing as specified in Env-Or 504.07 through Env-Or 504.09 for all tanks:

(1) At least once every 3 years; and

(2) Within 30 days of:

a. Failing to perform 2 consecutive monthly maintenance inspections in accordance with

RSA 146-C:19, II, reprinted in Appendix D, in any given calendar year;

b. Failing to perform the annual maintenance inspection as required by Env-Or 504.05(a); or

c. Discovering that the stage I system is not functioning as specified in the applicable stage I certification reference standard in Env-Or 509.

(b) The owner or operator of each gasoline dispensing facility being tested or retested shall notify the department in writing at least 7 working days prior to performing the test of the planned test date, test time, and if applicable, the testing consultant being used.

(c) If the test is being performed pursuant to (a)(1) or (a)(2)c., above, the owner or operator shall schedule testing to be conducted on non-holiday weekdays between the hours of 8:00 a.m. and 4:00 p.m., unless otherwise arranged with the department in advance.

(d) Within 30 days of the completion of each test performed, the owner or operator of the gasoline dispensing facility being tested shall submit the test results to the department.

(e) The owner or operator of a gasoline dispensing facility that does not meet all of the criteria for a successful stage I system test shall:

(1) Investigate the cause of the failure and determine if the system is leaking within 7 days of the initial test failure;

(2) Undertake repairs or other modifications as necessary to address the reason(s) for the unsuccessful test in accordance with Env-Or 400;

(3) Retest the stage I system after repairs to confirm the effectiveness of the repairs, provided that if the modifications performed to repair the facility have not altered a portion of the system that passed the original test, the retest may be performed only on those portions of the stage I system that failed the original test; and

(4) Submit a written report to the department within 30 days of the initial test failure that describes the work performed, the repairs made, and other actions taken in response to the test failure.

(f) If a passing stage I system test is not achieved within 24 hours of the initial failed test:

(1) The individual conducting a pressure decay test shall notify the owner or operator of a gasoline dispensing facility immediately of the failed test; and

(2) The owner or operator of a gasoline dispensing facility shall report any failure of a pressure decay system to the department within 24 hours of receiving notice of the failed test.

(g) The owner or operator of a gasoline dispensing facility with a failed stage I system that is not repaired or replaced shall temporarily close the UST system within 7 days of the initial failure and permanently close the UST system within 30 days of the original failure in accordance with Env-Or 400.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 504.07)

N.H. Code Admin. R. Ann. Env-Or 504.07 R {#sec-env-or-504.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.07}

equired Stage I System Test Components. The owner or operator of a gasoline dispensing facility shall ensure that stage I system test procedures consist of the following:

(a) A PV vent cap test for pressure and vacuum as specified in Env-Or 504.08;

(b) A pressure decay test as specified in Env-Or 504.09; and

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 504.08)

N.H. Code Admin. R. Ann. Env-Or 504.08 PV {#sec-env-or-504.08 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.08}

Vent Cap Test Procedures, Criteria, and Required Actions.

(a) The PV vent cap test for pressure and vacuum required by Env-Or 504.07(a) shall be conducted in accordance with California Air Resources Board (CARB) Vapor Recovery Test Procedure (TP) 201.1E, Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, dated October 8, 2003.

(b) To pass the pressure and vacuum tests specified in (a), above, the:

(1) Pressure relief point shall occur between 2.5 to 6.0 inches water column pressure;

(2) The vacuum relief point shall occur between 6.0 to 10.0 inches water column pressure; and

(3) The total leak rate of all PV vent caps at the facility shall not exceed 0.17 cubic feet per hour at a pressure of 2.0 inches water column and 0.63 cubic feet per hour at a vacuum of 4.0 inches water column.

(c) If the PV vent cap fails either the pressure test or the vacuum test as specified in (a) and (b), above, the owner or operator shall replace the PV vent cap with a PV vent cap as specified in Env-Or 504.02(b) that passes the test requirements of (b), above.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 504.09)

N.H. Code Admin. R. Ann. Env-Or 504.09 Pressure Decay Test Procedures, Criteria, and Required Actions {#sec-env-or-504.09 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.09}

(a) The pressure decay test required by Env-Or 504.07(b) shall be performed:

(1) Following the PV vent cap test specified in Env-Or 504.08; and

(2) In accordance with CARB TP-201.3, as amended July 26, 2012, except that the test shall be performed at 10 inches water column pressure and include any couplers, adapters, reducers and/or non-mechanical fittings in the test.

(b) To pass the pressure decay test, the minimum allowable final pressure after the system has been pressurized to 10 inches water column and held for 5 minutes shall be as specified in Table 500-1, below:

Table 500-1 Minimum Allowable Pressure

Ullage (gallons)

Minimum Allowable Pressure (inches water column)

Ullage (gallons)

Minimum Allowable Pressure (inches water column)

500

3.70

5,000

9.30

600

4.50

6,000

9.38

700

5.20

7,000

9.46

800

5.80

8,000

9.52

900

6.20

9,000

9.56

1,000

6.50

10,000

9.60

1,250

7.05

11,000

9.62

1,500

7.50

12,000

9.64

1,750

7.90

13,000

9.66

2,000

8.20

14,000

9.68

2,250

8.35

15,000

9.70

2,500

8.50

16,000

9.71

2,750

8.60

17,000

9.71

3,000

8.70

18,000

9.72

3,250

8.80

19,000

9.73

3,500

8.90

20,000

9.73

3,750

9.00

21,000

9.74

4,000

9.10

22,000

9.75

4,250

9.15

23,000

9.75

4,500

9.20

24,000

9.76

4,750

9.25

25,000

9.77

(c) If the stage I system does not pass the pressure decay test, the owner or operator shall undertake such repairs as are necessary and retest until the stage I system passes the test.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 504.10)

N.H. Code Admin. R. Ann. Env-Or 504.10 Compliance Schedule for Stage I Systems {#sec-env-or-504.10 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 504.10}

(a) If the through put of a gasoline dispensing facility that had not previously met the criteria of Env- Or 501.02(b) becomes equal to or greater than 10,000 gallons of gasoline per rolling 30-day period, the owner or operator shall comply with all applicable requirements of this chapter within 180 days after the date the facility becomes subject to this part.

(b) The owner or operator of a gasoline dispensing facility that begins operation after the effective date of this chapter and that meets the criteria of Env-Or 501.02(b) shall comply with all applicable requirements of this chapter upon commencement of operation.

(c) The owner or operator of a gasoline dispensing facility that already is subject to stage I requirements and that undergoes substantial modifications to any tank or piping shall comply with all applicable requirements of this chapter as to the complete stage I system, including all modified components, upon completion of the modifications.

(d) If the monthly throughput of a gasoline dispensing facility is 100,000 gallons of gasoline per month or more as of the effective date of this chapter, the owner or operator shall comply with Env-Or 504.06(a)(1) within 180 days of the 2022 effective date of this chapter.

(e) If the monthly throughput of a gasoline dispensing facility increases to 100,000 gallons of gasoline per month or more subsequent to the 2022 effective date of this chapter, then:

(1) The owner or operator shall comply with Env-Or 504.06(a)(1) within 180 days of the throughput becoming equal to or greater than 100,000 gallons of gasoline per month; and

(2) The facility shall continue to be subject to Env-Or 504.06(a)(1) even if a reduction in throughput occurs to below the specified threshold.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 504.11)

Part Env-Or 505 Stage Ii Requirements for Gasoline Dispensing Facilities

N.H. Code Admin. R. Ann. Env-Or 505.01 Applicability of Stage II Operation and Decommissioning Requirements {#sec-env-or-505.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 505.01}

The requirements of this part shall apply to those facilities that were subject to the Stage II requirements previously in effect, as specified in Env-Or 505.01 and Env-Or 505.02 as effective November 17, 2012 under OLS document #10229, reprinted in Appendix E, which were required to decommission all Stage II equipment on or before December 22, 2015 pursuant to Env-Or 505.03 as effective November 17, 2012 under OLS document #10229, also reprinted in Appendix E.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 505.02 Decommissioning Stage II Systems {#sec-env-or-505.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 505.02}

(a) Subject to (d), below, any owner or operator of a gasoline dispensing facility equipped with stage II equipment that has not decommissioned the stage II equipment as of the 2022 effective date of this section shall do so in accordance with this section.

(b) To comply with (a), above, the owner or operator shall do the following in the order listed:

(1) Submit a completed notification form as described in Env-Or 506.02 to notify the department of the intent to decommission the stage II equipment;

(2) Conduct a pressure decay test on the stage II vapor return piping as specified in Env-Or 504.06 and Env-Or 504.09 within 30 days prior to the scheduled decommissioning of the stage II equipment;

(3) Decommission the stage II system in accordance with all of the steps listed in the Petroleum Equipment Institute Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI RP 300-09, Section 14, Decommissioning Stage II Vapor Recovery Piping, 2019 edition; and

(4) If the stage II vapor return piping did not pass the pressure decay test even after retesting within 30 days of the failed test, permanently close the stage II vapor return piping as specified in Env-Or 408.06 through Env-Or 408.10.

(c) Any owner or operator who decommissions stage II vapor recovery equipment shall continue to comply with the pressure decay and PV vent cap pressure and vacuum testing requirements of Env-Or 504.06 through Env-Or 504.10 for all equipment that remains in place, including any stage II vapor return piping that remains connected at the tank.

(d) The requirement to decommission a stage II vapor recovery system shall not apply to political subdivisions. If a political subdivision that owns a stage II system chooses to decommission the equipment, such decommissioning shall comply with (b), above.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23 (formerly Env-Or 504.03)

Part Env-Or 506 Notification and Recordkeeping for Gasoline Dispensing Facilities

N.H. Code Admin. R. Ann. Env-Or 506.01 Required Throughput Reporting {#sec-env-or-506.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 506.01}

(a) The owner or operator of a gasoline dispensing facility that is subject to Env-Or 504 shall report throughput information in writing to the department within 30 days of the throughput equaling or exceeding 100,000 gallons per rolling 30-day period.

(b) The written submittal required by (a), above, may be submitted on paper, via email, or via fax.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 506.02 Notification Requirements {#sec-env-or-506.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 506.02}

(a) The owner or operator of a gasoline dispensing facility that is subject to stage I requirements shall submit the information specified in Env-Or 506.03 to the department as follows:

(1) At least 30 days prior to any construction, installation, or substantial modification that affects a stage I system;

(2) Prior to decommissioning a stage II system as specified in Env-Or 505.02(b)(1);

(3) At least 10 days prior to a change in use of a storage tank from gasoline to non-gasoline or non-gasoline to gasoline; and

(4) Within 10 days after a change of any of the items specified in Env-Or 506.03.

(b) If ownership of a gasoline dispensing facility that is subject to stage I requirements transferred, the new owner shall submit the information specified in Env-Or 506.03 to the department within 10 days of the transfer.

(d) The signature of the owner or operator shall constitute:

(1) Certification that the information being submitted is true and correct to the best of the individual’s knowledge and belief; and

(2) Acknowledgement that the individual is subject to the penalties specified in RSA 641 for falsification in official matters.

(e) The department shall, within 30 days of receipt of the information, inform the individual who submitted the information of any deficiencies in the notification.

(f) If the department is not able to determine the effectiveness or design of the equipment or system being constructed, installed, or substantially modified, the department shall request additional information in order to make such determination.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 506.03 Vapor Recovery Notification Required Information {#sec-env-or-506.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 506.03}

The information required to be submitted by Env-Or 506.02 shall be as follows:

(a) The name, physical address, mailing address, main telephone number including area code, main fax number including area code, and site number of the gasoline distribution facility;

(b) The name, mailing address, daytime telephone number including area code, fax number including area code, and email address of each owner of the gasoline distribution facility;

(c) The name, mailing address, daytime telephone number including area code, fax number including area code, and email address of the individual who is responsible for the stage I system at the gasoline distribution facility;

(d) A description of all stage I equipment at the gasoline distribution facility, including but not limited to the 2-point or coaxial stage I system and, if there is a 2-point system, a statement as to whether the dry break adaptor is located on the manifold or on the tank;

(e) The number of gasoline storage tanks at the gasoline distribution facility and for each tank, the size of the tank and the grade of gasoline contained in the tank;

(f) The date when construction, installation, or substantial modification of any stage I equipment at the gasoline distribution facility occurred.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 506.04 Recordkeeping Requirements for Gasoline Dispensing Facilities {#sec-env-or-506.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 506.04}

The owner or operator of a gasoline dispensing facility that is subject to this chapter shall:

(a) Maintain the following records such that they are available during a department or EPA inspection:

(1) The records of each monthly maintenance inspection conducted over the prior 3 years as required by RSA 146-C:19, II, as applicable;

(2) The records of each annual maintenance inspection conducted over the prior 3 years as required by Env-Or 504.05;

(3) A description of all repair work completed as a result of any of the inspections included in

(1) or (2), above; and

(4) All other information regarding equipment failures, repairs, and maintenance over the prior 3 years that is not included in (3); above;

(b) Provide the following records upon request of the department or EPA:

(1) All records of installation of stage I equipment;

(2) Bulk liquid receipts; and

(3) A copy of each notification submitted pursuant to Env-Or 506.03 for the facility; and

Table 500-2: Required Record Retention Periods

Record Required by Env-Or 506.04

Description of Record

Required Retention Period

(b)(2)

Bulk liquid receipts

Until such time as the equipment is no longer on-site and a site investigation has determined that the equipment did not cause or contribute to a discharge of gasoline.

(a)(1)

A record of each monthly maintenance inspection as specified in RSA 146-C:19, II

3 years from date of receipt or completion, as applicable, provided that if the owner or operator has been notified of a pending inquiry into the integrity of the gasoline storage tank(s) at the facility, then until such time as the stage I equipment, as applicable, is no longer on-site and a site investigation has determined that the equipment did not cause or contribute to a discharge of gasoline.

(a)(2)

A record of each annual maintenance inspection as specified in Env-Or 504.05

(a)(3)

A description of all repair work completed as a result of any of the inspections included in (a)(1) or (a)(2)

(a)(4)

All other information that is relevant to equipment failures, repairs, and maintenance that is not included in (a)(3)

(b)(1)

All records of installation of stage I equipment

(b)(3)

A copy of each notification submitted pursuant toEnv-Or 506.03 for the facility

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

Part Env-Or 507 Stage I Requirements for Cargo Trucks

N.H. Code Admin. R. Ann. Env-Or 507.01 Required Equipment for Cargo Trucks {#sec-env-or-507.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.01}

(a) The owner or operator of a cargo truck that meets the criteria specified in Env-Or 501.02(d) shall install and maintain a stage I system to serve the cargo truck that is a certified vapor recovery system.

(b) All hoses and stage I equipment on the cargo truck shall be specifically manufactured for use in transferring gasoline or otherwise certified by the manufacturer as compatible with gasoline.

(1) For a coaxial system, a separate coaxial coupling with one vapor return hose used for every fill hose in service;

(2) For a 2-point system where the tanks are connected with a manifold, a minimum of one vapor return hose used for every 2 fill hoses in service; and

(3) For a 2-point system where the tanks are not connected with a manifold, a separate vapor recovery connection at each tank being filled.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 507.02 Maintenance Requirements for Cargo Trucks {#sec-env-or-507.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.02}

The owner or operator of a cargo truck that is subject to this part shall maintain stage I equipment as specified by the manufacturer and so as to be leak-free and vapor tight.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 507.03 Operational Requirements for Cargo Trucks {#sec-env-or-507.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.03}

(a) The owner or operator of a cargo truck that is subject to this part shall operate the stage I system to recover at least 95% of all gasoline vapors released from the gasoline tank to which the fuel is being delivered during unloading operations at the facility or to be at least as efficient as the manufacturer’s design efficiency, whichever is higher. This standard shall apply to each cargo truck during each applicable gasoline delivery.

(b) During loading of gasoline at a bulk gasoline loading terminal and during loading or unloading of gasoline at a bulk gasoline plant, the owner or operator of the cargo truck shall verify that the cargo truck has a back pressure that does not exceed:

(1) A pressure setting of 18.0 inches water column pressure; and

(2) A vacuum setting of 5.9 inches water column vacuum.

(c) During unloading of gasoline at a gasoline dispensing facility, the owner or operator of the cargo truck shall verify that the cargo truck has a back pressure that does not exceed a vacuum setting of 5.9 inches water column vacuum.

(d) If a cargo truck does not meet the requirements specified in (b) or (c), above, as applicable, the owner or operator of the cargo truck shall repair and retest the truck within 15 days.

(e) The owner or operator of a cargo truck shall securely fasten all hatches on the truck except when access is needed to take a measurement of gasoline level or perform maintenance activities.

(f) No person shall unload gasoline from any cargo truck to any gasoline storage tank at any gasoline dispensing facility that is subject to Env-Or 504 unless the owner or operator of the facility has installed and is maintaining as operational a certified stage I vapor recovery system.

(g) No person shall deliberately, recklessly, or negligently vent any vapors captured by the stage I system serving a cargo truck to the atmosphere.

(h) No person shall deliberately, recklessly, or negligently mishandle gasoline being loaded to or unloaded from a cargo truck such that the gasoline could evaporate into the atmosphere. For purposes of this section, mishandling includes but is not limited to spilling, discarding into a sewer or storm drain, or storing in an open container.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 507.04 Testing Requirements for Cargo Trucks {#sec-env-or-507.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.04}

The owner or operator of a cargo truck that is subject to this part shall:

(a) Conduct an annual certification test in accordance with 40 CFR §63.425(e); and

(b) If the cargo truck does not meet the applicable parameters specified in 40 CFR §63.425(e), undertake such repairs as are necessary and retest.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 507.05 Monitoring for Cargo Trucks {#sec-env-or-507.05 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.05}

The department shall inspect a cargo truck to determine whether the truck is leak tight and vapor tight either:

(a) Upon receipt of information that supports a reasonable conclusion that the truck might not be leak tight and vapor tight, including visual and olfactory information; or

(b) Pursuant to a routine inspection.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 507.06 Treatment of Vapor Requirements for Cargo Trucks {#sec-env-or-507.06 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.06}

The owner or operator of a cargo truck that is subject to this part shall dispose of the vapors at a bulk terminal equipped with a certified stage I vapor recovery system, using the vapor collection system and vapor destruction methods described in Env-A 1217.06(c).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 507.07 Recordkeeping Requirements for Cargo Trucks {#sec-env-or-507.07 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 507.07}

(a) The owner or operator of a cargo truck that is subject to this part shall maintain in the cargo truck at all times the following:

(1) Documentation that the cargo truck has met the requirements of Env-Or 507.04;

(2) Test results for both the pressure and vacuum tests required by Env-Or 507.04; and

(3) Proof of compliance and the date of all tests conducted in accordance with the stage I testing requirements for cargo trucks as stated in this part, which shall be displayed on the cargo truck.

(b) The driver of a cargo truck that is subject to this part shall provide the documents listed in (a), above, upon request of the department or EPA for inspection and copying.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

Part Env-Or 508 Waivers

N.H. Code Admin. R. Ann. Env-Or 508.01 Applicability {#sec-env-or-508.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 508.01}

An owner or operator who wishes to obtain a waiver from any requirement established by a rule in this chapter shall request the waiver as specified in Env-Or 508.02.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 508.02 Waiver Requests {#sec-env-or-508.02 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 508.02}

(a) Each request for a waiver shall be filed in writing by the owner or operator who is seeking the waiver.

(b) The person requesting the waiver shall provide the following information to the department:

(1) The name, mailing address, and daytime telephone number including area code of the requestor and, if available, a fax number including area code and e-mail address of the requestor;

(2) As applicable, the name, physical address, and site number of the facility to which the waiver request relates, or the registration number of the cargo truck to which the waiver would apply;

(3) The specific rule section or paragraph that established the requirement for which a waiver is being requested;

(4) A full explanation of why a waiver is being requested, including an explanation of the operational and economic consequences of complying with the rule as written;

(5) Whether the need for the waiver is temporary, and if so, the estimated length of time that the waiver will be needed;

(6) If applicable, a full explanation of the alternative that is proposed to be substituted for the requirement established in the rule, including written documentation or data, or both, to support the alternative; and

(7) A full explanation of why the requestor believes that having the waiver granted will meet the criteria in Env-Or 508.03.

(d) The signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. A waiver granted based on false, incomplete, or misleading information shall be subject to revocation; and

b. The signer is subject to penalties for falsification in official matters, currently in RSA 641.

(e) The department shall transmit a copy of each waiver request filed in compliance with (a) through (c), above, to EPA within 5 working days of its receipt.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 508.03 Waiver Criteria {#sec-env-or-508.03 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 508.03}

(a) Subject to (b) and (c), below, the department shall grant a waiver if:

(1) Granting a waiver will not result in an adverse impact on the environment, public health, or public safety that is more significant than that which would result from complying with the rule; and

(2) One or more of the following conditions is satisfied:

a. Granting a waiver is consistent with the intent and purpose of the rule being waived; or

b. Any benefit to “public health or safety or to the environment” arising from strict compliance with the rule is outweighed by the operational and economic consequences of such compliance.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify any state statute, unless a waiver is expressly allowed by the statute that would be waived.

(1) The federal statute or regulation that establishes the requirement allows for waivers; and

(2) EPA does not object to the waiver being granted.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

N.H. Code Admin. R. Ann. Env-Or 508.04 Decision on Waiver Requests; Conditions {#sec-env-or-508.04 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 508.04}

(a) The department shall notify the requestor of the decision in writing within 60 days of receipt of a request that meets the requirements of Env-Or 508.02.

(b) If the request is denied, the department shall identify the specific reason(s) for the denial.

(c) The department shall include such conditions in a waiver as are necessary to ensure that the criteria of Env-Or 508.03 will be met.

(d) If the need for a waiver is temporary, the waiver shall specify the date on which it will expire.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23

Part Env-Or 509 Reference Standards

N.H. Code Admin. R. Ann. Env-Or 509.01 Reference Standards {#sec-env-or-509.01 omnilex-key=us-nh-regs-official--agency-env-or--Env-Or 509.01}

A vapor recovery system for an underground or aboveground gasoline storage tank or cargo truck shall be designed, installed, tested, and certified for use in accordance with one or more of the applicable reference standards listed below:

(a) PEI/RP 300-09, “Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites”, Petroleum Equipment Institute, 2019 edition; and

(b) The CARB executive orders, approval letters, and test methods set forth in Table 500-3, below:

Table 500-3: CARB Reference Standards

CARB ID

Description

Date

G – 70

Modification of the Certification of the Texaco Stage I Vapor Recovery System for Underground Storage Tanks at Gasoline Service Stations

08/21/78

G – 70 – 34 – A

Modification of the Certification of the Parker Hannifin F428 Vapor Recovery Adaptor for Military Delivery Tanks to Include the Parker

Hannifin F428A

08/13/79

G – 70 – 50

Certification of the Vapor Recovery Kit for M857, M967, M969, and M970 Military Delivery Tanks

12/05/79

G – 70 – 97 – A

Stage I Vapor Recovery Systems for Underground Gasoline Tanks at Service Stations

12/09/85

G – 70 – 102 – A

Certification of a Phase I Vapor Recovery System for Aboveground Storage Tanks with less than 40,000 Gallons Capacity for Gasoline or

Gasoline/Methanol Blended Fuels

05/25/93

G – 70 – 106

Adoption of “Test Procedure Gasoline Cargo Tanks” as an Equivalent Method for the Year-round Performance Standards for Gasoline Cargo

Tanks

01/27/86

G – 70 – 116 – F

ConVault Aboveground Tank Vapor Recovery System

11/30/95

G – 70 – 128

Bryant Fuel Cell Aboveground Tank Vapor Recovery System

08/27/90

G – 70 – 130 – A

Petrovault Aboveground Tank Vapor Recovery System

02/26/93

G – 70 – 131 – A

Tank Vault Aboveground Tank Vapor Recovery System

03/17/92

G – 70 – 132 – A

Supervault Aboveground Tank Vapor Recovery System

10/16/90

G – 70 – 132 – B

Supervault Aboveground Tank Vapor Recovery System

05/16/95

G – 70 – 136

FireSafe Aboveground Tank Vapor Recovery System

04/15/91

G – 70 – 137

FuelSafe Aboveground Tank Vapor Recovery System

10/4/91

G – 70 – 148 – A

Lube Cube Aboveground Tank Vapor Recovery System

05/04/95

G – 70 – 152

Moiser Brothers Tanks and Manufacturing Aboveground Tank Vapor Recovery System

10/31/93

G – 70 – 155

Petroleum Marketing Aboveground Tank Vapor Recovery System

03/12/94

APPENDIX A: STATE AND FEDERAL STATUTES IMPLEMENTED

Rule Section(s)

State Statute(s) Implemented

Federal Statutes Implemented

Env-Or 501

RSA 125-C:4, I(a)