Arizona Laws 49-1009. Tank performance standards
A. A person shall not install an underground storage tank unless the underground storage tank meets all of the following requirements:
Terms Used In Arizona Laws 49-1009
- Director: means the director of environmental quality who is also the director of the department. See Arizona Laws 49-101
- New piping component: means any underground pipe or combination of pipes that contains and conveys a regulated substance between a tank and a motor fuel dispenser, including any valve, elbow, connector or joint that is added to an underground storage tank on or after January 1, 2009 and that was not originally included or installed as part of the underground storage tank. See Arizona Laws 49-1001
- Operator: means a person in control of, or having responsibility for, the day-to-day operation of an underground storage tank. See Arizona Laws 49-1001
- Person: means an individual, trust, firm, joint stock company, corporation, joint venture, partnership, association, consortium, state, municipality, interstate body, commission, political subdivision of a state and the United States government. See Arizona Laws 49-1001
- Regulated substance: means :
(a) Petroleum. See Arizona Laws 49-1001
- Release: means a spill, leak, emission, discharge, escape, leach or disposal of a regulated substance from an underground storage tank into groundwater, surface water or soils. See Arizona Laws 49-1001
- Tank: means a stationary device constructed of wood, concrete, steel, plastic or other nonearthen materials and used to contain regulated substances. See Arizona Laws 49-1001
- Under-dispenser containment: means a secondary containment device that is beneath a motor fuel dispenser, that is connected to the underground storage tank and that is designed to be liquid tight. See Arizona Laws 49-1001
- Underground storage tank: means a tank or combination of tanks and underground pipes and impact valves connected to tanks being used or having been used to contain regulated substances and which has at least ten percent of the total volume of the tank and underground portions of pipes connected to the tank underground. See Arizona Laws 49-1001
1. It is designed to prevent releases due to corrosion or structural failure for the operational life of the tank.
2. It is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material or designed in a manner to prevent the release of a regulated substance.
3. The material used in the construction or lining of the tank is compatible with the substance to be stored.
B. A person shall not install an underground storage tank unless the underground storage tank meets the secondary containment performance standards for new underground storage tank systems prescribed in 40 C.F.R. § 280.20 as in effect on January 1, 2020 and release detection requirements for interstitial monitoring prescribed in 40 C.F.R. § 280.43(g) as in effect on January 1, 2020.
C. A person shall not install a new piping component that is fifty percent or more of the total linear footage of all connected piping of the underground storage tank unless all connected piping of the underground storage tank that conveys a regulated substance under pressure is brought into compliance with the secondary containment performance standards for new underground storage tank systems prescribed in 40 C.F.R. § 280.20 as in effect on January 1, 2020 and release detection requirements for interstitial monitoring prescribed in 40 C.F.R. § 280.43(g) as in effect on January 1, 2020.
D. An owner or operator who installs or replaces a dispenser system that connects to an underground storage tank shall install under-dispenser containment. The under-dispenser containment shall meet the performance standards for new underground storage tank systems prescribed in 40 C.F.R. § 280.20(f) as in effect on January 1, 2020.
E. The owner and operator of an underground storage tank shall use an underground storage tank, a new piping component, under-dispenser containment and any secondary containment material that is made of or lined with materials that are compatible with the regulated substance stored in or dispensed from the underground storage tank.
F. The director may adopt rules specifying design, construction, installation, performance and compatibility standards for underground storage tanks. The rules adopted pursuant to this subsection shall be consistent with and not more stringent than federal regulations in effect on the date on which the rules are adopted.
G. The director may require an owner and operator of an underground storage tank to perform or cause to be performed a tank test to determine compliance with the standards established pursuant to this section.