18 AAC 78.040. Spill and overfill control

(a) To prevent spilling and overfilling associated with transfer of petroleum to a UST, the owner or operator of a UST system shall, subject to (e) of this section, use the following spill and overfill prevention equipment:

(1) spill prevention equipment, such as a spill catchment basin, that will prevent release of the petroleum to the environment when the transfer hose is detached from the fill pipe; and

(2) 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 by triggering a high-level alarm.

(b) The owner or operator shall ensure that

(1) a release due to spilling or overfilling does not occur;

(2) the volume available in the tank is greater than the volume of petroleum to be transferred to the tank before the transfer is made;

(3) the transfer operation is constantly monitored to prevent overfilling or spilling;

(4) the distributor is provided with the current UST tag, decal, or notice before the transfer is made; and

(5) any spill or overfill is reported and investigated, and that appropriate corrective action is completed.

(c) The owner or operator is not required to use the spill and overfill prevention equipment specified in (a) of this section if

(1) alternative equipment is used that, in the department's judgment, is no less protective of human health and safety and the environment than the equipment specified in (a) of this section; or

(2) the UST is filled by transfers of no more than 25 gallons at one time.

(d) The owner or operator shall report, investigate, and complete corrective action on a spill or overfill as required by 18 AAC 78.200 - 18 AAC 78.276.

(e) If a UST system has one or more of the following, the owner or operator of the system shall not use a ball float valve or a vent restrictor shut-off device on that system:

(1) a tank that receives a pumped delivery;

(2) suction piping with air eliminators;

(3) remote fill pipes and gauge openings;

(4) an emergency generator or an oil heating tank.

(f) To satisfy the recordkeeping requirements of 18 AAC 78.100(f) , the owner or operator may maintain a log to show compliance with the requirements of this section for each transfer operation. The owner or operator may use a log form provided by the department or an equivalent form. The department's log form calls for the following information:

(1) the facility name and ID number;

(2) the product type, distributor name, and transfer personnel;

(3) the date and time of the transfer;

(4) the tank number, tank contents, and tank size;

(5) amount of fuel in tank before delivery;

(6) amount of ullage before delivery;

(7) amount delivered; and

(8) information relating to any spill or overfill that may have occurred during the transfer.

(g) In this section, "ullage" means the volume of the space between the product level in a tank and the top of the tank, expressed in gallons.

History: Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165

Authority: AS 46.03.020

AS 46.03.365

AS 46.03.380

AS 46.03.405

Editor's note: To assist in meeting the requirements of 18 AAC 78.040, the transfer procedures in the National Fire Protection Association Publication 385 may be used as guidance. Further guidance on spill and overfill prevention appears in American Petroleum Institute Publication 1621, Recommended Practice for Bulk Liquid Stock Control at Retail Outlets, and National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code. A copy of each document is available for review at the department's Anchorage, Fairbanks, Juneau, or Soldotna offices, or may be obtained from the appropriate publisher at the address listed in the editor's note at 18 AAC 78.025.

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