567—135.1 (455B) Authority, purpose and applicability.
	 135.1(1) Authority. Iowa Code chapter 455B, division IV, part 8, authorizes the department to regulate underground tanks used for storage of regulated substances, and to adopt rules relating to detection, prevention and correction of releases of regulated substances from such tanks, maintenance of financial responsibility by owners or operators of such tanks, new tank performance standards, notice and reporting requirements, and designation of regulated substances.
	 135.1(2) Purpose. The purpose of these rules is to protect the public health and safety and the natural resources of Iowa by timely and appropriate detection, prevention and correction of releases of regulated substances from underground storage tanks (UST).
	 135.1(3) Applicability.
	  a.   	 The requirements of this chapter apply to all owners and operators of a UST system as defined in 135.2(455B) except as otherwise provided in paragraphs “b,” “c,” and “d” of this subrule. Any UST system listed in paragraph “c” of this subrule must meet the requirements of 135.1(4).
	  b.   	 The following UST systems are excluded from the requirements of this chapter:
	 (1) 	 Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances.
	 (2) 	 Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the federal Clean Water Act.
	 (3) 	 Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.
	 (4) 	 Any UST system whose capacity is 110 gallons or less.
	 (5) 	 Any UST system that contains a de minimus concentration of regulated substances.
	 (6) 	 Any emergency spill or overflow containment UST system that is expeditiously emptied after use.
	  c.   	 Deferrals. Rules 135.3(455B), 135.4(455B), 135.5(455B), 135.6(455B) and 135.9(455B) do not apply to any of the following types of UST systems:
	 (1) 	 Wastewater treatment tank systems;
	 (2) 	 Any UST systems containing radioactive material that are regulated under the federal Atomic Energy Act of 1954 (42 U.S.C. 2011 and following);
	 (3) 	 Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR 50 Appendix A;
	 (4) 	 Airport hydrant fuel distribution systems; and
	 (5) 	 UST systems with field-constructed tanks.
	  d.   	 Deferrals. Rule 135.5(455B) does not apply to any UST system that stores fuel solely for use by emergency power generators. All new and replacement UST systems for emergency power generators must meet the secondary containment requirements in subrule 135.3(9) and the leak detection and delivery prohibition requirements in subrule 135.3(8).
	  e.   	 Nonpetroleum underground storage tank systems. Rules 135.8(455B) to 135.12(455B) do not apply to any nonpetroleum underground storage tank system except as otherwise provided for by the department.
	 135.1(4) Interim prohibition for deferred UST systems.
	  a.   	 No person may install a UST system listed in 135.1(3)“c” for the purpose of storing regulated substances unless the UST 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, steel clad with a 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.
	  b.   	 Notwithstanding paragraph “a” of this subrule, 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. Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank.
Note:  The National Association of Corrosion Engineers Standard RP-02-85, “Control of External Corrosion on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems,” may be used as guidance for complying with 135.1(4)“b.”