TITLE 41: FIRE PROTECTION
CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL
PART 176 ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM AND OTHER REGULATED SUBSTANCES
SECTION 176.430 REPORTING AND RECORDKEEPING

 

Section 176.430  Reporting and Recordkeeping

 

a)         Reporting. Owners and operators must submit the following information to OSFM:

 

1)         Notification for all USTs (Section 176.440), which includes notification when any person assumes ownership of a UST system (Section 176.440(g));

 

2)         Notification prior to UST systems switching to certain regulated substances (41 Ill. Adm. Code 175.415(b));

 

3)         Certification of installation for USTs (Section 176.430(f));

 

4)         Reports of all releases, including suspected releases (Section 176.300), spills and overfills (Section 176.340), and confirmed releases (Section 176.320);

 

5)         Initial response, including leak abatement, site characterization, and fire and explosion mitigation (40 CFR 280, subpart F, incorporated by reference in 41 Ill. Adm. Code 174.210) when requested by OSFM;

 

6)         A notification related to change-in-service (41 Ill. Adm. Code 175.820(d));

 

7)         A completed Site Assessment Results form (Section 176.330(c)), to be submitted to OSFM within 45 days after the receipt of laboratory data in connection with a site assessment; and

 

8)         Proof of financial responsibility on an annual basis (Section 176.220).

 

b)         Recordkeeping. Owners and operators must maintain the following information for the life of the UST (unless a shorter or longer period is provided in this subsection (b) or by the applicable Section cited or by other OSFM rule):

 

1)         Documentation of operation of corrosion protection equipment and methods (see 41 Ill. Adm. Code 175.500 and 175.510).

 

2)         Documentation of UST repairs (see 41 Ill. Adm. Code 175.700 and 175.710).

 

3)         All records required to show compliance with release detection requirements (see 41 Ill. Adm. Code 175.600 through 175.650), with all tank and piping precision test results kept for 2 years or at least until the next precision test, whichever is longer.  

 

4)         All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer.

 

5)         Written documentation of all calibration, maintenance and repair of release detection equipment permanently located on site, including schedules of required calibration and maintenance provided by the release detection equipment manufacturer.

 

6)         Documentation of compliance with testing, inspection and recordkeeping for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping (see 41 Ill. Adm. Code 175.405 and 175.410).

 

7)         The results of any sampling, testing or monitoring not specified in subsections (a), (b), (f) and (g).

 

8)         The results of the vapor and groundwater monitoring site assessments conducted pursuant to 41 Ill. Adm. Code 175.650(e)(2)(F).

 

9)         Results of the site assessment conducted at removal, abandonment-in-place or change-in-service (see 41 Ill. Adm. Code 175.800) and copies of the results of any other site assessment conducted pursuant to OSFM rules with all completed Site Assessment Results forms submitted to OSFM pursuant to Section 176.330.  

 

10)        Proof of financial responsibility submitted under Section 176.220.

 

11)        Copies of all records submitted to OSFM under subsections (a), (f) and (g).

 

12)        Copies of the records required by Sections 176.645 and 176.655.

 

13)        Tank Installation information, including all paperwork relating to the manufacturer's instructions and warranty, final tank and line precision test results and the contractor's certification of UST installation and the related documentation required by subsection (f). 

 

14)         Copies of annual release detection operation tests required by 41 Ill. Adm. Code 175.610(a)(4), including the annual automatic tank gauge (ATG) configuration test results.

 

15)        Documentation of compatibility for UST systems (see 41 Ill. Adm. Code 175.415).

 

c)         Availability and Maintenance of Records. Owners or operators shall keep the records required in subsection (b) at the UST site or available to the OSFM inspector within 30 minutes or before OSFM completes its inspection, whichever is later, via fax, email or other transfer of information.  Financial responsibility records may be maintained at the owner or operator's principal place of business and shall be produced within 10 days after OSFM request.

 

d)         Owners or operators of unmanned sites will be given prior notification of certification audit of those sites.

 

e)         Failure to maintain or produce the records required under this Section may result in OSFM's issuance of a red tag or revocation of a green decal for the tank or tanks or facility at issue (see 41 Ill. Adm. Code 177), prohibiting any further operation of the facility or further deposit of regulated substances into a tank subject to a red tag.

 

f)         Certification of UST Installation and Related Documentation

 

1)         Licensed contractors shall certify, on the electronic Notification for Underground Storage Tanks form provided by OSFM at https://sfm.illinois.gov/about/divisions/petroleum-chemical-safety/applications-and-forms.html, that:

 

A)        The installer has been certified or licensed by OSFM.  If applicable, the licensed contractor shall also certify that the installer has been certified by the tank and piping manufacturers.

 

B)        The installation has been performed in accordance with 41 Ill. Adm. Code 172 through 176.

 

C)        All work listed in the manufacturer's installation checklist has been completed and submitted in accordance with this subsection (f), 41 Ill. Adm. Code 175.400 and 175.465, Section 176.420 (or compliance with applicable third-party standards or codes cited in OSFM rules as of the date of installation), and Section 176.440(f), if applicable.

 

2)         Licensed contractors shall complete the manufacturer's installation checklist for USTs, which shall be available at the time of final inspection. The owner and operator shall maintain a copy of the checklist on-site for the life of the UST.

 

3)         In lieu of the licensed contractor's certification, an owner or operator may provide OSFM with a certification from a licensed professional engineer with education and experience in UST installation stating that the UST installation was inspected by that engineer and that the UST installation was properly installed in accordance with manufacturer's recommendations and OSFM rules.

 

4)         OSFM shall not issue a green decal pursuant to 41 Ill. Adm. Code 177.115 for the UST until OSFM has received the completed certification of UST installation by the licensed contractor or the certification of proper installation from a licensed professional engineer.

 

g)         Results from tank and piping precision testing, cathodic protection testing, containment sump testing, functionality testing of automatic or mechanical line leak detectors, interstitial sensor testing, automatic tank gauge certification, and overfill equipment inspections shall be handled as follows:

 

1)         All results are to be issued to the facility and owner.

 

2)         Results that fail must be submitted electronically to OSFM by the licensed testing contractor within 3 working days.

 

3)         All results shall be submitted to OSFM.  The results must be submitted with an electronic form provided by OSFM. The electronic form is available at the forms page of the OSFM's Division of Petroleum and Chemical Safety at the website cited in subsection (f)(1).

 

(Source:  Amended at 47 Ill. Reg. 6949, effective May 2, 2023)