INSTALLATION AND OPERATION
OF UNDERGROUND STORAGE TANKS

By DENNIS G. WALSH of Klein, Thorpe and Jenkins, Ltd.

This is the first of a series of consecutive articles in which this author will address the general statutes and laws that regulate underground storage tanks (UST) in Illinois. The Resource Conservation and Recovery Act, (RCRA) requires that the United States Environmental Protection Agency (USEPA) promulgate regulations governing the installation, use and closure of underground storage tanks, and USEPA has issued extensive regulations (40 CFR §280, et seq.) establishing the same. The State of Illinois has a dual regulatory system, and the Illinois Pollution Control Board (PCB) as well as the Illinois Office of the State Fire Marshal (OSFM) have promulgated regulations which are almost identical to those established by USEPA. In general, the OSFM regulates all aspects of underground storage tanks including registration and removal (41 Ill. Adm. Code §170, et seq.) and the PCB regulates product releases from the tanks (35 Ill. Adm. Code §731, et seq.).

In initially addressing the issue of installing and/or operating a UST in Illinois, one of the questions that must be answered is whether the tank you anticipate installing or currently have in operation is a tank that is covered by the federal and Illinois regulations. The OSFM regulations differ from the PCB and USEPA regulations on the definition of an underground storage tank but in general, all of the underground storage tank regulations apply to any one or combination of tanks (including connected underground pipes) that contain a "regulated substance," the volume of which is 10% or more beneath the surface of the ground. A "regulated substance" is defined to mean petroleum or any hazardous substance, as defined in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) except "hazardous waste" as defined in RCRA. Petroleum is defined as including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure. It includes but is not limited to petroleum and petroleum based substances such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents and used oils.

In addition, all the regulations include exceptions from the definition of a UST but in some cases, the Illinois exceptions are more restrictive than their federal counterparts. For example, tanks over 1,100 gallons used for storing heating oil for consumptive use on the premises where stored are regulated at the state level but are exempt under federal law. In other cases, the OSFM regulations contain several additional exceptions which are not contained in the federal regulations. Among the exceptions from the definition of a UST under all the regulations, however, are:

a. Septic tanks.
b. Various pipeline facilities (including gathering lines) regulated under other statutes.
c. Surface impoundment, pit, pond or lagoon.
d. Storm-water or wastewater collection systems.
e. Flow-through process tanks.
f. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.
g. Storage tanks situated in an underground area (such as a basement, cellar, mineworking, drift, shaft or tunnel) if the storage tank is situated upon or above the surface of the floor. (The OSFM regulations also require that the tank be capable of being viewed from all sides.)

In order to prevent releases due to structural failure, corrosion, or spills and overfills, all owners and operators of new underground storage tank systems must meet certain installation requirements. In that regard, all tanks and piping 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. Further, all owners and operators must

February 1992 / Illinois Municipal Review / Page 17

ensure that one or more of the following methods of certification, testing or inspection is used to demonstrate that the tanks were properly installed by providing a certification of compliance on a UST notification form: (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 underground storage tanks 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 check lists have been completed; or (6) the owner and operator have complied with another method for ensuring compliance that is determined by the implementing agency to be no less protective of human health and the environment.

With respect to the construction, general operating and release detection requirements, new tanks and their associated piping must be designed and constructed in a manner that will prevent leaks, structural failure or corrosion over their useful lives. For example, the regulations specifically state that no person (including municipalities) may install a UST system for the purpose of storing regulated substances unless the system (whether of single or double wall construction) (1) will prevent releases due to corrosion or structural failure for the operational life of the UST system; (2) is cathodically protected against corrosion, constructed of noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and (3) is constructed or lined with material that is compatible with the stored substance. Notwithstanding these requirements, a UST system without corrosion protection may be 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.

Once the tanks are placed in operation, owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling. In addition, corrosion prevent systems and release detection systems must be maintained and any required repairs must be made in compliance with industry codes.

Finally, there are numerous reporting and record-keeping requirements and owners and operators of UST systems must cooperate fully with inspections, monitoring and testing conducted by the various implementing agencies. The owner and operator of a UST that was in the ground on or after November 8, 1984 (and in operation after January 1, 1974) was required to submit a registration form to the OSFM by May 8, 1986. An owner who brings a UST system into use after May 8, 1986, must submit a notification of the same within 30 days of bringing the tank into use.

(The above and subsequent articles to follow touch upon the laws and regulations applicable to municipal UST's in Illinois. But because of the complexity of the subject area and necessary space restraints, this series is meant only as an introduction to the subject. It should not and cannot be viewed as a replacement or substitution for the advice of your attorney.

Next month, this author will address the issue of bringing existing underground storage tanks up to date.) •

Page 18 / Illinois Municipal Review / February 1992