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 underground storage-tank systems must meet the requirements in subparts 7 to 14.
Owners and operators must ensure that the person installing UST systems or components has been certified under chapter 7105. All UST systems must be properly installed according to the manufacturer's instructions and one of the following codes of practice developed by a nationally recognized association or independent testing laboratory. The codes are incorporated by reference under part 7150.0500:
American Petroleum Institute, Installation of Underground Petroleum Storage Systems, API RP 1615;
Owners and operators must use UST systems made of materials that are compatible with the substance stored in the UST system. Owners and operators storing a regulated substance containing more than ten percent ethanol, more than 20 percent biodiesel, or any other substance identified by the commissioner that could degrade components of a UST system must also comply with item B, if applicable, and item C or D.
Owners and operators must provide secondary containment for tanks retrofitted after April 29, 2019, according to part 7150.0205, subpart 1.
Owners and operators must demonstrate compatibility of the UST system by showing:
the equipment or component used in the UST system is certified or listed by an independent testing laboratory for use with the regulated substance; or
the equipment's or component's manufacturer has issued a written affirmative statement of compatibility, specifying the range of biofuel blends the equipment or component is compatible with.
Owners and operators may demonstrate compatibility other than as specified in item C if they:
provide information to the commissioner demonstrating the alternative option is no less protective of human health and the environment than the options in item C to ensure that the UST system is not degrading and will not degrade; and
When considering an alternative option under item D, the commissioner must consider the type of substance and concentration of the substance that can be safely stored as part of the alternative option. If the commissioner approves the alternative option, owners and operators must comply with any conditions imposed by the commissioner to ensure human health and the environment are protected.
Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner or operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling. One of the following codes of practice developed by a nationally recognized association or independent testing laboratory must be used to comply with this subpart. The codes are incorporated by reference under part 7150.0500:
American Petroleum Institute, Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles, API RP 1007; and
National Fire Protection Association, Standard for Tank Vehicles for Flammable and Combustible Liquids, NFPA 385.
Owners and operators must ensure that containment sumps used for interstitial monitoring and spill buckets are liquid tight to prevent releases of regulated substances to the environment.
Owners and operators must ensure all shear valves are securely anchored and installed according to manufacturer recommendations and industry standards. Shear valves installed or repaired after April 29, 2019, must be of a double-poppet design that prevents release of fuel from both sides of the shear valve if the shear valve breaks at the shear point.
Owners and operators must ensure that all underground storage tanks have a drop tube that extends to within six inches of the tank bottom.
MS s 116.49
16 SR 59; 32 SR 1751; 34 SR 1610; 43 SR 1253
June 6, 2019
Official Publication of the State of Minnesota
Revisor of Statutes