and shall subject the person to applicable enforcement actions under the act including, but not limited to, revocation or suspension of the applicable permit, license, registration, or variance. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001, 2014, 2195, and 2195.3 et seq., and R.S. 49:316.1(A)(2)(a) and (c). HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Underground Storage Tank Division, LR 11:1139 (December 1985), amended LR 16:614 (July 1990), LR 17:658 (July 1991), LR 18:727 (July 1992), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:19 (January 1996), LR 25:427 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:2400 (December 1999), LR 29:690 (May 2003), LR 29:2052 (October 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 35:2181 (October 2009), amended by the Office of the Secretary, Legal Division, LR 43:950 (May 2017), amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 44: Chapter 4. 2005 Federal Underground Storage Tank Compliance Act Mandated RequirementsDelivery Prohibition §403. Delivery Prohibition of Regulated Substances to Underground Storage Tank Systems A. Underground storage tank (UST) systems, except for those systems deferred or exempted from specified Chapters and Sections of these regulations in accordance with LAC 33:XI.101.B and C, that do not meet any one of the following requirementsexhibit, upon discovery by the department, shall be subject to the status of red tag/delivery prohibition of regulated substances upon discovery by the department of any of the following conditions: 1. failure to install installation of spill prevention equipment in accordance with LAC 33:XI.Chapter 3; 2. failure to install installation of overfill protection equipment in accordance with LAC 33:XI.Chapter 3;
LAC 33:XI.303.E.3.a.ii LAC 33:XI.507.A.2 LAC 33:XI.905.D API Recommended Practice 1631, “Interior Lining and Periodic Inspection of Underground Storage Tanks” LAC 33:XI.303.D.2.b LAC 33:XI.303.E.3 LAC 33:XI.303.E.4 LAC 33:XI.305.B LAC 33:XI.305.C API Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage and Piping Systems" LAC 33:XI.905.D API Standard 2015, “Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and Managing Tank Entry From Decommissioning Through Recommissioning” LAC 33:XI.905.D API Recommended Practice 2016, “Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks” LAC 33:XI.507.A.2 API Recommended Practice RP 2200, “Repairing Crude Oil, Liquified Petroleum Gas, and Product Pipelines” B. ASTM Standards ASTM International 100 Barr Harbor Drive, West, Conshohocken, PA 19428-2959 Applicable Regulations** Codes and Standards LAC 33:XI.803.B ASTM Standard G158, “Standard Guide for Three Methods of Assessing Buried Steel Tanks”
a. General. External release detection devices (RDDs) consist of slotted (screened) piping installed within the excavation zone to permit either the testing or monitoring of vapors or the testing or monitoring for liquids on the water table. All RDDs mustshall meet the following requirements. i. All RDDs mustshall have a 4-inch inside diameter and be constructed of either polyvinyl chloride (PVC), polytetrafluoroethylene (PTFE), or stainless steel, and mustshall be chemically compatible with the stored product. The screened interval mustshall be commercially fabricated, slotted, or continuously wound. Screen size mustshall be 0.01 inches. No solvents, glues, epoxies, thermal processes, or rivets shall be used. ii. The screened interval mustshall extend from 1 foot beneath the ground surface through the entire excavation zone. iii. Each RDD mustshall be sealed from the ground surface to a depth of 1 foot and provided with a locking cap. Each RDD mustshall be installed in such a fashion as to preclude the introduction of surface contaminants into the RDD. iv. No RDD be installed within or penetrate native soils unless the hydraulic conductivity of the native soil is no less than 0.01 centimeters per second. v. If only one UST system is located within the excavation zone, at two RDDs mustshall be installed. For excavation zones containing between two and four UST systems, at least four RDDs mustshall be installed. If more than four UST systems are situated within a common excavation zone, additional RDDs shall be installed as appropriate to ensure adequate coverage for release detection. If, prior to the implementation of these regulations, fewer RDDs than required in this Clause were installed at a specific location, the
vi. In the UST excavation zone, the site mustshall be assessed to ensure compliance with the requirements in Clauses A.5.b.i-iv of this Section and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product. vii. Monitoring wells mustshall be clearly marked and secured to avoid unauthorized access and tampering. c. Liquid Monitoring. Testing or monitoring for liquids on the water table must shall meet the following requirements. i. The regulated substance stored mustshall be immiscible in water and have a specific gravity of less than one. ii. When an RDD is installed in the tank hold backfill, there shall be water present in the RDD during measurement at least once every 30 days in order to use liquid monitoring. When an RDD is installed in native soil, the dDistance to the water table mustshall never be more than 20 feet from the ground surface and shall be present in the RDD during measurement at least once every 30 days, and the hydraulic conductivity of the soil(s) between the UST system and the RDDs mustshall not be less than 0.01 centimeters per second (e.g., the soil should consist of gravels, coarse-to-medium sands, coarse silts, or other permeable materials) in order to use liquid monitoring. iii. The slotted portion of the RDD mustshall be designed to prevent migration of soils or the filter pack into the RDD and to allow entry of the regulated substance on the water table into the RDD under both high and low groundwater conditions.
(b). the name of the SIR provider/vendor/software and the name and version of the SIR method used for analysis; (c). the name and address of the facility; (d). a description of the UST system; (e). a quantitative result of the leak threshold, the minimum detectable leak rate, and the calculated leak rate for each UST system monitored; (f). a qualitative statement of pass, fail, or inconclusive for each UST system monitored; and (g). any information needed to verify compliance with LAC 33:XI.703.A.2.c as applicable to the equipment and method used. (Monthly raw data shall be provided to the department upon request.) i. Method. Any specific records required by the department upon approval of the method, any records needed to demonstrate that the method meets the performance requirements outlined in ALC 33:XI.701.A.8.a, and any other information needed to verify compliance with LAC 33:XI.703.A.2.c as applicable to the equipment and method used. j. Line Leak Detector (LLD) i. LLD test results include: (a). the date of the test; (b). the LLD identifier; (c). a qualitative result statement; (d). a calculated leak rate; (e). a qualitative statement regarding whether the submersible turbine pump is running continuously or not;
(b). site check and/or corrective actions as described in LAC 33:XI.711.A.2 and/or 715.C.1.e shall be conducted; (c). all product has been removed from the tank and the tank has been cleaned of any residual product and bottom sludge; (d). the affected tank fill ports are padlocked; (e). all product piping is disconnected from the tank; and (f). the tank is prohibited from delivery (red tagged) by the department the failed tank or piping is repaired, replaced, or permanently closed. b iii. Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a leakrelease exists and if environmental contamination is not the basis for suspecting a release. c iv. Owners and operators mustshall either conduct a site check as described in Subsection B2 of this Section or begin corrective action in accordance with LAC 33:XI.715 if the test results for the system, tank, and delivery piping do not indicate that a leakrelease exists, but environmental contamination is the basis for suspecting a release. 2. Site Check. Owners and operators mustshall measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, owners and operators mustshall consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release. Within 20 days after the suspected release notification, or another reasonable period of time determined by the department in writing, owners and operators shall
or $1,500,000, whichever is greater. This amount shall include any third-party claim arising from the release of motor fuels from a motor fuel underground storage tank. 2. Whenever the department has incurred costs for taking response actions with respect to the release of motor fuels from a UST system, or the department has expended funds from the MFUSTTF for response costs or third-party liability claims, the owner or operator of the underground motor fuel storage tank shall be liable to the department for such costs only if the owner or operator was not in substantial compliancean eligible participant on the date of discharge of the motor fuels that necessitated the cleanup. Otherwise, liability is limited to the provisions contained in LAC 33:XI.1121.B. Nothing contained herein shall be construed as authorizing the expenditure from the MFUSTTF on behalf of any owner or operator of a UST system who is not an eligible participant on the last anniversary date of the MFUSTTFat the time of the release for any third-party liability. 3. If the administrative authority has expended on behalf of an owner or operator who was not in substantial compliancean eligible participant, and the MFUSTTF is entitled to reimbursement of those funds so expended, the administrative authority shall have the authority to, and is obligated to, use any and all administrative and judicial remedies that might be necessary for recovery of the expended funds plus legal interest from the date of payment by the administrative authority and all costs associated with the recovery of the funds. 4. … 5. The MFUSTTF may be used to make payments to a third party who brings a third-party claim against any owner or operator of an underground motor fuel storage tank because of damages caused by a release into the surface water, groundwater, or subsurface soils and who obtains a final judgment in said action enforceable in Louisiana against the owner or