District of Columbia Administrative Code

5505 APPLICABILITY TO EMERGENCY GENERATOR UST SYSTEMS 5505.1 Any UST system that stores fuel for use by an emergency power generator shall comply with all requirements of the UST Regulations. SOURCE: Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final…

5506 INDUSTRY CODES AND STANDARDS 5506.1 An owner or operator of an UST system may use an industry standard or code of practice developed by a nationally recognized association or independent testing laboratory to comply with a requirement of the UST Regulations if authorized by …

5507 FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS 5507.1 Except as specifically provided otherwise in this section, each owner and operator of an UST system with field-constructed tanks or airport hydrant system shall comply with the UST Regulations. 5507…

5600 NOTICE OF THE EXISTENCE, USE, PURCHASE, SALE, OR CHANGE-IN-SERVICE OF AN UST SYSTEM 5600.1 An owner of an UST system shall notify the Department by submitting an UST facility notification form, which is available on the Department’s website at HYPERLINK "https://doee.dc.gov/…

5601 REGISTRATION 5601.1 Each owner of an UST containing a regulated substance, except for a heating oil tank with a capacity of less than one thousand one hundred (1,100) gallons, shall register and annually renew registration of the UST in accordance with this section. 5601.2 A…

5602 RECORDKEEPING AND REPORTS 5602.1 Each owner or operator shall submit the following information to the Department: (a) UST facility notification forms for all USTs (§ 5600), including certification of installation and compliance with the manufacturer's checklist for new or up…

5603 NOTICE OF INSTALLATION, REMOVAL, CLOSURE-IN-PLACE, REPAIR, UPGRADE, AND TESTING 5603.1 The owner, operator, or authorized representative of an owner or operator shall notify the Department at least five (5) business days before each installation, repair, or upgrade of an UST…

5604 NOTICE OF SALE OF REAL PROPERTY 5604.1 Before a seller may enter into a contract for the sale of real property in the District, the seller shall inform each prospective buyer of the existence or removal of any UST system at the property, that the seller has knowledge of, on …

5605 FEES 5605.1 The annual registration fee shall be eight hundred dollars ($800) for each tank with a capacity of over ten thousand (10,000) gallons; four hundred fifty dollars ($450) for each tank with a capacity of ten thousand (10,000) gallons or less; except the fee for a h…

5606 THIRD-PARTY CERTIFICATION 5606.1 In lieu of inspection by the Department, an owner or operator may request the Department to approve compliance inspections of UST system installations, upgrades, repairs, closures, release detection system(s), and manufacturer-required annual…

5607 PUBLIC RECORD INFORMATION 5607.1 No later than December 31 of each year, information will be made available to the public regarding: (a) Current numbers of USTs and facilities in the District, and Significant Operational Compliance (SOC) inspections conducted; and (b) Confir…

5700 EXISTING AND NEW UST SYSTEMS - GENERAL PROVISIONS 5700.1 The owner or operator of each new or existing petroleum UST system, except for a heating oil tank, shall comply with this section and the following as applicable: (a) For an UST system installed on or before December 2…

5701 NEW PETROLEUM UST SYSTEMS 5701.1 Each new petroleum UST, except for a heating oil tank, shall be constructed of: (a) Fiberglass-reinforced plastic with double-walled construction or other secondary containment system as set forth in §§ 5701.4 through 5701.6; (b) Steel that i…

5702 NEW HAZARDOUS SUBSTANCE UST SYSTEMS 5702.1 Each new hazardous substance UST shall be: (a) Constructed of fiberglass-reinforced plastic, steel-fiberglass-reinforced plastic composite, or steel; (b) If constructed of steel, cathodically protected in accordance with the require…

5703 NEW HEATING OIL UST SYSTEMS 5703.1 Each heating oil tank with a capacity of one thousand one hundred (1,100) gallons or more and was installed after November 12, 1993, whether of single or double-walled construction, shall be constructed of the following: (a) Fiberglass-rein…

5704 NEW PIPING FOR UST SYSTEMS 5704.1 Piping that routinely contains regulated substances and is in contact with earthen materials shall be properly designed and constructed, and protected from corrosion, in accordance with the following codes of practice, or an alternative indu…

5705 SPILL AND OVERFILL PREVENTION EQUIPMENT FOR NEW AND UPGRADED UST SYSTEMS 5705.1 Except as provided in § 5705.3, in order to prevent spilling during the transfer of regulated substances to an UST, each owner or operator shall use spill prevention equipment (such as a spill ca…

5706 INSTALLATION OF NEW UST SYSTEMS 5706.1 Each UST system, including all tanks and piping, shall be installed in accordance with the manufacturer's instructions; the District of Columbia Fire Code, Title 12, Subtitle H (Fire Code Supplement) of the District of Columbia Municipa…

5800 EXISTING UST SYSTEM UPGRADES 5800.1 The owner or operator of each existing petroleum UST, except a heating oil tank, shall ensure that the UST complies with the following as applicable, or permanently close the UST in accordance with Chapter 61 and applicable requirements fo…

5801 TANK UPGRADES 5801.1 Each owner or operator of an existing steel UST shall upgrade the tank in accordance with the manufacturer's specifications, one of the following codes of practice, or an alternative industry standard or code of practice approved by the Department in acc…

5802 EXISTING UST SYSTEM PIPING UPGRADES 5802.1 Metal piping that routinely contains regulated substances and is in contact with earthen materials shall be cathodically protected in accordance with a code of practice that is either listed in § 5704.1(b) or approved by the Departm…

5803 SPILL AND OVERFILL PREVENTION EQUIPMENT UPGRADES 5803.1 To prevent spilling and overfilling associated with product transfer to the UST, all existing UST systems shall comply with new UST spill and overfill prevention equipment requirements specified in § 5705. SOURCE: Final…

5804 TANK TIGHTNESS TESTING UPON UPGRADE 5804.1 Before beginning to operate an upgraded UST system, the owner or operator shall have a tightness test performed in accordance with the requirements of § 6007, unless the tank is upgraded by cathodic protection and the owner or opera…

5900 SPILL AND OVERFILL CONTROL 5900.1 Each owner, operator, or agent in charge shall ensure that releases due to spilling or overfilling do not occur. In complying with the requirements of this section, the owner, operator, or agent in charge shall follow one of the following co…

5901 TANK CORROSION PROTECTION 5901.1 Each owner or operator of a steel tank UST, or of a steel-fiberglass-reinforced plastic composite UST with corrosion protection, shall comply with the requirements of this section for as long as the UST is used to store regulated substances. …

5902 REPAIR OR REPLACEMENT OF UST SYSTEMS 5902.1 Each owner or operator of an UST shall ensure that repairs are made using the proper materials and techniques, and that repairs will prevent releases due to structural failure or corrosion as long as the UST is used to store regula…

5903 COMPATIBILITY 5903.1 Each owner and operator shall use an UST system that is made of, or lined with, materials that are compatible with the substance stored in the UST system. 5903.2 Each owner or operator shall notify the Department at least thirty (30) days prior to changi…

5904 WALKTHROUGH INSPECTIONS 5904.1 Each owner or operator shall conduct inspections and perform repairs as necessary in accordance with this section. The first inspection shall be performed no later than October 13, 2021 and subsequent inspections shall be performed in accordanc…

600 FUEL-BURNING PARTICULATE EMISSION 600.1 The emission of particulate matter from any fuel burning equipment shall not be in excess of the rate determined by the following formula: E = 0.17455 H-0.23522 Where: E = Allowable emissions in pounds per million British Thermal Units …

601 ROTARY CUP BURNERS 601.1 The sale, installation, or use of a rotary cup burner or the replacement of any existing burner with a rotary cup burner shall be prohibited. 601.2 The sale for use or use of fuel oil in any rotary cup burner shall be prohibited. SOURCE: Section 3 of …

602 INCINERATORS 602.1 The use of single chamber and flue-fed incinerators shall be prohibited. No person shall be permitted to use an incinerator unless it is of multiple chamber design, and is otherwise in compliance with this subtitle. 602.2 Operation of any incinerator built …

603 PARTICULATE PROCESS EMISSIONS 603.1 The discharge of particulate matter into the atmosphere from any process shall not exceed the emission limits set forth in Appendix 6-1. The allowable limits shall not exceed three hundredths (0.03) grains per dry standard cubic foot of exh…

604 OPEN BURNING 604.1 Open fires shall be prohibited, except as otherwise provided by § 604.2. 604.2 Open fires may be permitted for one (1) or more of the following reasons or purposes: (a) The performance of an official duty by any public health or public safety officer, after…

605 CONTROL OF FUGITIVE DUST 605.1 Reasonable precautions shall be taken to minimize the emission of any fugitive dust into the outdoor atmosphere. The reasonable precautions shall include, but not be limited to, the following: (a) In the case of unpaved roads, unpaved roadways, …

606 VISIBLE EMISSIONS 606.1 Except as otherwise provided in Subsections 606.3 and 606.6, visible emissions from stationary sources and nonroad engines shall not: (a) For stationary sources: (1) Exceed a five percent (5%) variability factor, above or below zero percent (0%), from …

699 DEFINITIONS AND ABBREVIATIONS 699.1 The meanings ascribed to the definitions and abbreviations appearing in §§ 199.1 and 199.2 respectively of Chapter 1 shall apply to the terms and abbreviations in this chapter. APPENDIX 6-1 Process Maximum Process Maximum Process Weight* Pe…

6000 RELEASE DETECTION – GENERAL PROVISIONS 6000.1 The owner or operator of each new or existing UST system shall utilize a method, or combination of methods, of release detection that meets the requirements of this section. 6000.2 The release detection method(s) utilized shall b…

6001 RELEASE DETECTION RECORDKEEPING 6001.1 The owner or operator of each UST shall maintain records demonstrating compliance with this chapter in accordance with this section and § 5602. 6001.2 All written performance claims pertaining to any release detection system that is in …

6002 RELEASE DETECTION FOR HAZARDOUS SUBSTANCE UST SYSTEMS 6002.1 The owner or operator of each hazardous substance UST system shall provide release detection that meets the requirements of this section. 6002.2 Each hazardous substance UST system shall use secondary containment w…

6003 RELEASE DETECTION FOR PETROLEUM UST SYSTEM TANKS 6003.1 Each owner or operator of a petroleum UST system shall provide release detection for tanks in accordance with the provisions of this section. 6003.2 The owner or operator of a petroleum UST system shall conduct release …

6004 RELEASE DETECTION FOR PETROLEUM UST SYSTEM PIPING 6004.1 The owner or operator of a petroleum UST system shall regularly monitor all underground piping that contains or conveys regulated substances for releases, in accordance with the provisions of this section. 6004.2 Each …

6005 INVENTORY CONTROL AND STATISTICAL INVENTORY RECONCILIATION 6005.1 A release detection method that uses product inventory control shall meet the requirements of this section. 6005.2 An owner or operator may use product inventory control as the sole method of release detection…

6006 MANUAL TANK GAUGING 6006.1 A release detection method that uses manual tank gauging shall meet the requirements of this section. 6006.2 An owner or operator may use manual tank gauging as the sole method of release detection only for a petroleum UST that is not a heating oil…

6007 TANK TIGHTNESS TESTING 6007.1 A release detection method that uses tank tightness testing shall meet the requirements of this section. 6007.2 An owner or operator may use tank tightness testing as the sole method of release detection only for heating oil tanks. 6007.3 Tank t…

6008 AUTOMATIC TANK GAUGING 6008.1 A release detection method using automatic tank gauging equipment that tests for the loss of product and conducts inventory control shall meet the requirements of this section. 6008.2 The owner or operator shall ensure that the tank gauging prob…

6009 VAPOR MONITORING 6009.1 A release detection method that monitors or tests for vapors within the soil gas of the excavation zone shall meet the requirements of this section. 6009.2 The materials used as backfill (such as gravel, sand, crushed rock, or similar materials) shall…

6010 GROUNDWATER MONITORING 6010.1 A release detection method that tests or monitors for regulated substances in the groundwater or in the tank excavation zone shall meet the requirements of this section. 6010.2 The regulated substance stored shall be immiscible in water and have…

6011 INTERSTITIAL MONITORING 6011.1 Interstitial monitoring between an UST system and a secondary barrier immediately around or beneath the UST system shall meet the requirements of this section. 6011.2 The owner or operator of an UST system installed or replaced after February 8…

6012 STATISTICAL INVENTORY RECONCILIATION 6012.1 A release detection method based on the application of statistical principles to inventory data similar to those described in § 6005 shall meet the requirements of this section. 6012.2 Statistical inventory reconciliation shall be …

6013 OTHER METHODS OF RELEASE DETECTION 6013.1 An owner or operator of an UST system installed on or before February 8, 2007 may apply to the Department for approval of another method of release detection by submitting a written request describing the method to the Department in …