Office of Underground Storage Tanks, Washington, DC 20460 January 1998
Federal UST Technical Regulations
This package gives those interested in federal underground storage tank (UST) requirements the
actual text of the regulations, without extra information (and paper) that they may not need.
Other information resources are listed at the bottom.
This package contains 40 Code of Federal Regulations Part 280, "Technical Standards and
Corrective Action Requirements for Owners and Operators of Underground Storage Tanks
(UST)," except for Subpart H on Financial Responsibility and Subpart I on Lender Liability.
Also, it does not include UST State Program Approval regulations, which are found at Part 281.
Other resources are available. If you are interested in plain-English guides describing
requirements and good tank system management practices, you can download them from
www.epa.gov/OUST/pubs/index.htm or get free paper copies from our Hotline at 800.424-9346
or from the National Center for Environmental Publications and Information (NCEPI) at 800.490-
9198. If you are interested in background and explanatory information for the federal UST
regulations, see the Federal Register Preamble, also available in paper form from the Hotline or
NCEPI. Finally, you can access and keyword-search the federal UST regulations and the
Preamble by pointing your Internet browser to www.epa.gov/OUST/fedlaws/techrule.htm.
This package differs from what appeared in the Federal Register of September 23, 1988 in only
three ways:
* Overfill prevention equipment requirements at 280.20(c)(l)(ii) were changed to allow
USTs to be filled to a higher level before the equipment triggers;
* The date by which automatic line leak detectors had to meet certain standards, found at
280.40(a)(3), was changed to September 22 1991; and
* a typographical error in the footnotes to the table following 280.40(c), which incorrectly
implied that all pressurized piping must be secondarily contained, was corrected.
Although the pages are dated 7-1-96, this package is up-to-date to the best of our knowledge as
of January 1998. While we try to keep the information timely and accurate, we make no
expressed or implied guarantees. These materials do not constitute "official" versions, and they
are not intended, nor can they be relied upon, to create any rights enforceable by any party in
litigation with the United States.
We hope this helps!
S:\SHARE\OUST\RULES\TECHCOVR-WPD
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§279.73
40 CFR Ch. I (7-1-96 Edition)
Environmental Protection Agency
Pt. 280
§279.11 by performing analyses or ob-
taining1 copies of analyses or other in-
formation documenting that the used
oil fuel meets the specifications.
(b) Record retention. A generator,
transporter, processor/re-refiner, or
burner who first claims that used oil
that Is to be burned for energy recov-
ery meets the specifications for used
oil fuel under §279.11, must keep copies
of analyses of the used oil (or other in-
formation used to make the determina-
tion) for three years.
[57 FR 41612, Sept. 10, 1992, as amended at 68
FB 28428, May 3, 1993]
§279.73 Notification.
(a) Identification numbers. A used oil
fuel marketer subject to the require-
ments of this subpart who has not pre-
viously complied with the notification
requirements of RCRA section 3010
must comply with these requirements
and obtain an EPA identification num-
ber.
(b) A marketer who has not received
an EPA identification number may ob-
tain one by notifying the Regional Ad-
ministrator of their used oil activity
by submitting either:
(1) A completed EPA Form 8700-12; or
(2) A letter requesting an EPA identi-
fication number. The letter should in-
clude the following information:
(i) Marketer company name;
(11) Owner of the marketer;
(ill) Mailing address for the mar-
keter;
(iv) Name and telephone number for
the marketer point of contact; and
(v) Type of used oil activity (i.e., gen-
erator directing shipments of off-speci-
fication used oil to a burner).
[67 FR 41612, Sept. 10, 1992, as amended at 58
FB 33342, June 17, 1993]
§279.74 Tracking.
(a) Off-specification used oil delivery.
Any used oil marketer who directs a
shipment of off-specification used oil
to a burner must keep a record of each
shipment 'of used oil to a used oil burn-
er. These records may take the form of
a log, invoice, manifest, bill of lading
or other shipping documents. Records
for each shipment must include the fol-
lowing information:
(1) The name and address of the
transporter who delivers the used oil to
the burner;
(2) The name and address of the burn-
er who will receive the used oil;
(3) The EPA identification number of
the transporter who delivers the used
oil to the burner;
(4) The EPA identification number of
the burner;
(5) The quantity of used oil shipped;
and
(6) The date of shipment.
(b) On-specification used oil delivery. A
generator, transporter, processor/re-re-
finer, or burner who first claims that
used oil that is to be burned for energy
recovery meets the fuel specifications
under §279.11 must keep a record of
each shipment of used oil to an on-
specification used oil burner. Records
for each shipment must include the fol-
lowing information:
(1) The name and address of the facil-
ity receiving the shipment;
(2) The quantity of used oil fuel deliv-
ered;
(3) The date of shipment or delivery;
and
(4) A cross-reference to the record of
used oil analysis or other information
used to make the determination that
the oil meets the specification as re-
quired under §279.72(a).
(c) Record retention. The records de-
scribed in paragraphs (a) and (b) of this
section must be maintained for at least
three' years.
[57 FR 41612, Sept. 10, 1992, as amended at 58
FR 26426, May 3, 1993]
§279.75 Notices.
(a) Certification. Before a used oil gen-
erator, transporter, or processor/re-re-
finer directs the first shipment of 'off-
specification used' oil fuel to a burner,
he must obtain a one-time written and
signed notice from the burner certify-
ing that:
(1) The burner has notified EPA stat-
ing the location and general descrip-
tion of used oil management activities;
and
(2) The burner will burn the off-speci-
fication used oil only in an industrial
furnace or boiler identified in
§279.61(a).
(b) Certification retention. The certifi-
cation described in paragraph (a) of
976
this section must be maintained for
three years from the date the last ship-
ment of off-specification used oil is
shipped to the burner.
Subpart I— Standards for Use as a
Dust Suppressant and Dis-
posal of Used Oil
§279.80 Applicability.
The requirements of this subpart
apply to all used oils that cannot be re-
cycled and are therefore being dis-
posed.
§279.81 Disposal.
(a) Disposal of hazardous used oils.
Used oils that are identified as a haz-
ardous waste and cannot be recycled in
accordance with this part must be
managed in accordance with the haz-
ardous waste management require-
ments of parts 260 through 266, 268, 270
and 124 of this chapter.
•(b) Disposal of nonhazardous used oils.
Used oils that are not hazardous wastes
and cannot be recycled under this part
must be disposed in accordance with
the requirements of parts 2S7 and 258 of
this chapter.
§ 279.82 Use as a dust suppressant
(a) The use of used oil as a dust sup-
pressant is prohibited, except when
such activity takes place in one of the
states listed in paragraph (c) of this
section.
(b) A State may petition (e.g., as part
of its authorization petition submitted
to EPA under §271.5 of this chapter or
by a separate submission) EPA to allow
the use of used oil (that is not mixed
with hazardous waste and does not ex-
hibit a characteristic other than ignit-
ability) as a dust suppressant. The
State must show that it has a program
in place to prevent the use of .used oil/
hazardous waste mixtures or used oil
exhibiting a characteristic other than
ignitability as a dust suppressant. In
addition, such programs must mini-
mize the impacts of use as a dust sup-
pressant on the environment.
(c) List of States. [Reserved]
PART 280-TECHNICAL STANDARDS
AND CORRECTIVE ACTION RE-
QUIREMENTS FOR OWNERS AND
OPERATORS OF UNDERGROUND
STORAGE TANKS (USD
Subpart A— Program Scope and Interim
Prohibition
Sec.
280.10 Applicability.
280.11 Interim prohibition for deferred UST
systems.
280.12 Definitions.
Subpart B— UST Systems: Design,
Construction, Installation and Notification
280.20 Performance standards for new UST
systems.
280.21 Upgrading of existing UST systems.
280.22 Notification requirements.
Subpart C— General Operating
Requirements
280.30 Spill and overfill control.
280.31 Operation and maintenance of corro-
sion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeplng.
Subpart D— Release Detection
280.40 General requirements for all UST sys-
tems.
280.41 Requirements for petroleum UST sys-
tems.
280.42 Requirements for hazardous sub-
stance UST systems.
280.43 Methods of release detection for
tanks.
280.44 Methods of release detection for pip-
ing.
280.45 Release detection recordkeeplng.
Subpart E— Release Reporting,
Investigation, and Confirmation
280.50 Reporting of suspected releases.
280.51 Investigation due to off-site Impacts.
280.52 Release investigation and confirma-
tion steps.
280.53 Reporting and cleanup of spills and
overfills.
Subpart F— Release Response and Correc-
tive Action for UST Systems Containing
Petroleum or Hazardous Substances
280.60 General.
280.61 Initial response.
977
-------
§280.10
290.63 T"'M«i abatement measures and alto
obwk.
230.83 Initial site characterization.
280,64 Free product removal.
850.85 Investigations for soil and ground-
water cleanup.
280.88 Corrective action plan.
280.67 Public participation.
Subport G-Ou»-of-Sefvtce UST Systems
end Closure
280.70 Temporary closure.
280.71 Permanent closure and ohanges-ln-
.senrfce.
280.72 Assessing the site at closure or
change-In-service.
280.73 Applicability to previously closed
UST systems.
280.74 Closure records.
Subport H-Flnonclol Responsibility
280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required finan-
cial responsibility.
280.94 Allowable mechanisms and combina-
tions of mechanisms.
280.95 Financial test of self-insurance.
280.98 Guarantee.
280.97 Insurance and risk retention group
/ coverage.
280.98 Surety bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism.
280.101 State fund or other state assurance.
280.102 Trust fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial-test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance
mechanisms by owner or operator.
280.109 Cancellation or nonrenewal by a pro-
vider of financial assurance.
280.110 Eeporting by owner or operator.
280.111 Becordkeeping.
280.112 Drawing on financial assurance
mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other Incapacity of
owner or operator or provider of finan-
cial assurance.
280.115 Replenishment of guarantees, letters
of credit, or surety bonds.
280.116 Suspension of enforcement. [Re-
served]
Subpott l-Lender Liability
40 CFR Ch. I (7-1-96 Edition)
280.220 Ownership of *n nnderrround stor-
age tank or underground ttoi*ce tank
system or facility or property on which
an underground storage tank or under-
ground storage tank system is located.
230.230 Operating an underground storage
tank or underground storage tank sys-
tem.
APPENDICES TO PART 280
APPENDIX I TO PART 280—NOTIFICATION FOB
UNDEBOBOUMD STORAGE TANKS (FORM)
APPENDIX n TO PART 280—LIST OP AGENCIES
DESIGNATED TO RECEIVE NOTIFICATIONS
APPENDIX m TO PART 280—STATEMENT FOR
SHIPPING TICKETS AND INVOICES
• AUTHORITY: 42 TJ.S.C. 6912,6891.6991a. 8991b,
69910,6991d, 6991e, 6991f, 6991g. 6991h.
SOURCE: 53 FR 37194, Sept. 23, 1988, unless
otherwise noted.
280.200 Definitions.
280.210 Participation in management.
Subpart A—Program Scope and
Interim Prohibition
5280.10 Applicability.
(a) The requirements of this part
apply to all owners and operators of an
UST system as defined In §280.12 except
as otherwise provided In paragraphs
(b), (c), and (d) of this section. Any
UST system listed In paragraph (c) of
this section must meet the require-
ments of §280.11.
(b) The following UST systems are
excluded from the requirements of this
part:
(1) Any UST system holding hazard-
ous 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 sec-
tion 402 or 307(b) of the Clean Water
Act.
(3) Equipment or machinery that
contains regulated substances for oper-
ational 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 minimis concentration of regulated
substances.
(6) Any emergency spill or overflow
containment UST system that is expe-
ditlously emptied after use.
Envfrorwiwntol Protection Agency
(o) Deferrals. Subp&rts B, C, D, B, and
Q do not apply to any of the following
types of UST systems:
(1) Wastewater treatment tank sys-
tems;
(2) Any UST systems containing ra-
dioactive material that are regulated
under the Atomic Energy Act of 1951
(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 part 60, appendix A;
(4) Airport hydrant fuel distribution
systems; and
(6) UST systems with field-con-
structed tanks.
(d) Deferrals. Subpart D does not
apply to any UST system that stores
fuel solely for use by emergency power
generators.
$280.11 -Interim prohibition for de-
ferred UST systems.
(a) No person may install an UST
system listed in §280.10(c) for the pur-
pose of storing regulated substances
unless the UST system (whether of
single- or double-wall construction):
(1) Will prevent releases due to corro-
sion or structural failure for the oper-
ational life of the UST system;
(2) Is cathodically protected against
corrosion, constructed of noncorrodlble
- material, steel clad with a noncorrod-
lble material, or designed in a manner
to prevent the release or threatened re-
lease of any stored substance; and •
(3) Is constructed or lined with mate-
rial that is compatible with the stored
substance.
(b) Notwithstanding paragraph (a) of
this section, an UST system without
corrosion protection may be installed
at a site that is determined by a corro-
sion expert not to be corrosive enough
to cause it to have a release due to cor-
rosion 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 Corro-
sion Engineers Standard RP-02-85, "Control
of External Corrosion on Metallic Buried,
Partially Burled, or Submerged Liquid Stor-
age Systems," may be used as guidance for
complying with paragraph (b) of this section.
§280.12
1280.12 Definitions.
Aboveground release means any re-
lease to the surface of the land or to
surface water. This includes, but is not
limited to, releases from the above-
ground portion of an UST system and
aboveground releases associated with
overfills and transfer operations as the
regulated substance moves to or from
an UST system.
Ancillary equipment means any de-
vices including, but not limited to,
such devices as piping, fittings, flanges,
valves, and pumps used to distribute,
meter, or control the flow of regulated
substances to and from an UST.
Belowground release means any re-
lease to the subsurface of the land and
to ground water. This includes, but is
not limited to, releases from the below-
ground portions of an underground
storage tank system and belowground
releases associated with overfills and
transfer operations as the regulated
substance moves to or from an under-
ground storage tank.
Beneath the surface of the ground
means beneath the ground surface or
otherwise covered with earthen mate-
rials.
Cathartic protection is a technique to
prevent corrosion of a metal surface by
making that surface the- cathode of an
electrochemical cell. For example, a
tank system can be cathodically pro-
tected through the application of ei-
ther galvanic anodes or impressed cur-
rent.
Cathodic protection tester means a per-
son who can demonstrate an under-
standing of the principles and measure-
ments of all common types of cathodic
protection systems as applied to buried
or submerged metal piping and tank
systems. At a minimum, such persons
must have education and experience in
soil resistivity! stray current, struc-
ture-to-soil potential, and component
electrical isolation measurements of
buried metal piping and tank systems.
CERCLA means the Comprehensive
Environmental Response, Compensa-
tion, and Liability Act of 1980, as
amended.
Compatible means the ability of two
or more substances to maintain their
respective physical and chemical prop-
erties upon contact with one another
for the design life of the tank system
978
979
-------
§280.12
under conditions likely to be encoun-
tered in the UST.
Connected piping means all under-
ground piping: including valves, elbows,
joints, flanges, and flexible connectors
attached to a tank system through
which regulated substances flow. For
the purpose of determining how much
piping is connected to any individual
UST system, the piping that joins two
UST systems should be allocated equal-
ly between them.
Consumptive use with respect to heat-
ing oil means consumed on the premr
ises.
Corrosion expert means a person who,
by reason of thorough knowledge of the
physical sciences and the principles of
engineering and mathematics acquired
by a professional education and related
practical experience, is qualified to en-
gage in the practice of corrosion con-
trol on buried or submerged metal pip-
ing systems and metal tanks. Such a
person must be accredited or certified
as being qualified by the National As-
sociation of Corrosion Engineers or be
a registered professional engineer who
has certification or licensing that in-
cludes
-------
§280.12
and petroleum-baaed substances com-
prised of a complex blend of hydro-
carbons derived from crude oil though.
processes of separation, conversion, up-
grading, and finishing, such as motor
fuels, Jet fuels, distillate fuel oils, re-
sidual fuel oils, lubricants, petroleum
solvents, and used oils.
Release means any spilling, leaking,
emitting, discharging, escaping, leach-
ing or disposing from an UST Into
ground water, surface water or sub-
surface soils.
Release detection means determining
whether a release of a regulated sub-
stance has occurred from the UST sys-
tem Into the environment or into the
Interstitial space between the UST sys-
tem and Its secondary barrier or sec-
ondary containment around it.
Repair means to restore a tank or
UST system component that has
caused a release of product from the
UST system.
Residential tank Is a tank located on
property used primarily for dwelling
purposes.
SARA means the Superfund Amend-
ments and Beauthorlzation Act of 1986.
Septic tank is a water-tight covered
receptacle designed to receive or proc-
ess, through liquid separation or bio-
logical digestion, the sewage dis-
charged from a building sewer. The ef-
fluent from such receptacle is distrib-
uted for disposal through the soil and
settled solids and scum from the tank
are pumped out periodically and hauled
to a treatment facility.
Storm-water or wastewater collection
system means piping, pumps, conduits,
and any other equipment necessary to
collect and transport the flow of sur-
face water run-off resulting from pre-
cipitation, or domestic, commercial, or
industrial wastewater to and from re-
tention areas or any areas where treat-
ment Is designated to occur. The col-
lection of storm water and wastewater
does not Include treatment except
where incidental to conveyance.
Surface impoundment is a natural
topographic depression, man-made ex-
cavation, or diked area formed pri-
marily of earthen materials (although
it may be lined with man-made mate-
rials) that is not an injection well.
Tank is a stationary device designed
to contain an accumulation of regu-
40 CFR Ch. I (7-1-96 EdMton)
lated substances and constructed of
non-earthen materials (e.g., concrete,
steel, plastic) that provide structural
support.
Underground area means an under-
ground room, such as a basement, cel-
lar, shaft or vault, providing enough
space for physical inspection of the ex-
terior of the tank situated on or above
the surface of the floor.
Underground release means any below-
ground release.
Underground storage tank or UST
means any one or combination of tanks
(Including underground pipes con-
nected thereto) that Is used to contain
an accumulation of regulated sub-
stances, and the volume of which (In-
cluding the volume of underground
pipes connected thereto) Is 10 percent
or more beneath the surface of the
ground. This term does not Include
any:
(a) Farm or residential tank of 1,100
gallons or less capacity used for stor-
ing motor fuel for noncommercial pur-
poses;
(b) Tank used for storing heating oil
for consumptive use on the premises
where stored;
(c) Septic tank;
(d) Pipeline facility (including gath-
ering lines) regulated under:
(1) The Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1671, et seq.),
or
(2) The Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2001,
et seg.), or
(3) Which Is an Intrastate pipeline fa-
cility regulated under state laws com-
parable to the provisions of the law re-
ferred to in paragraph (d)(l) or (d)(2) of
this definition;
(e) Surface Impoundment, pit, pond,
or lagoon;
(f) Storm-water or wastewater collec-
tion system;
(g) Flow-through process tank;
(h) Liquid trap or associated gather-
ing lines directly related to oil or gas
production and gathering operations;
or
(1) Storage tank situated In an under-
ground area (such as a basement, cel-
lar, mineworking, drift, shaft, or tun-
nel) if the storage tank is situated
upon or above the surface of the floor.
Environmental Protection Agency
The term "underground storage tank"
or "UST" does not Include any pipes
connected to any tank which is de-
scribed In paragraphs (a) through (i) of
this definition.
Upgrade means the addition or retro-
fit of some systems such as cathodlc
protection, lining, or spill and overflll
controls to Improve the ability of an
underground storage tank system to
prevent the release of product.
UST system or Tank system means an
underground storage tank, connected
underground piping, underground an-
cillary equipment, and containment
system, if any.
Wastewater treatment tank means a
• tank that Is designed to receive and
treat an influent wastewater through
physical, chemical, or biological meth-
ods.
Subport B—UST Systems: Design,
Construction, Installation and
Notification
$280.20 Performance standards for
new UST systems.
In order to prevent releases due to
Structural failure, corrosion, or spills
and overfills for as long as the UST
system Is used to store regulated sub-
stances, all owners and operators of
new UST systems must meet the fol-
lowing requirements.
(a) Tanks. Each tank must be prop-
erly designed and constructed, and any
portion underground that routinely
contains product must be protected
from corrosion, In accordance with a
code of practice developed by a nation-
ally recognized association or inde-
pendent testing laboratory as specified
below:
(1) The tank Is constructed of fiber-
glass-reinforced plastic; or
NOTK The following Industry codes may be
used to comply with paragraph (a)(l) of this
section: Underwriters Laboratories Standard
1316, "Standard for Glass- Fiber-Reinforced
Plastic Underground Storage Tanks for Pe-
troleum Products"; Underwriter's Labora-
tories of Canada CAN4-S615-M83. "Standard
for Reinforced Plastic Underground Tanks
for Petroleum Products"; or American Soci-
ety of Testing and Materials Standard D4021-
88, "Standard Specification for Glass-Flber-
Relnforced Polyester Underground Petro-
leum Storage Tanks."
§280.20
(2) The tank is constructed of steel
and eathodloally protected in the fol-
lowing manner:
(i) The tank is coated with a suitable
dielectric material;
(II) Field-Installed cathodlo protec-
tion systems are designed by a corro-
sion expert;
(ill) Impressed current systems are
designed to allow determination of cur-
rent operating status as required in
$280.31(0); and
(iv) Cathodic protection systems are
operated and maintained In accordance
with §280.31 or according to guidelines
established by the implementing agen-
cy; or
NOTE: The following codes and standards
may be used to comply with paragraph (a)<2)
of this section:
(A) Steel Tank Institute "Specification for
STI-P3 System of External Corrosion Pro-
tection of Underground Steel Storage
Tanks";
(B) Underwriters Laboratories Standard
1746, "Corrosion Protection Systems for Un-
derground Storage Tanks!';
(O Underwriters Laboratories of Canada
CAN4-S603-M8S, "Standard for Steel Under-
ground Tanks for Flammable and Combus-
tible Liquids," and CAN4-G03.1-M85, "Stand-
ard for Galvanic Corrosion Protection Sys-
tems for Underground Tanks for Flammable
and Combustible Liquids," and CAN4-S631-
M84, "Isolating Bushings for Steel Under-
ground Tanks Protected with Coatings and
Galvanic Systems"; or
(D) National Association of Corrosion En-
gineers Standard RP-OZ-85, "Control of Kx-
ternal Corrosion on Metallic Buried, Par-
tially Buried, or Submerged Liquid Storage
Systems," and Underwriters Laboratories
Standard 68, "Standard for Steel Under-
ground Tanks for Flammable and Combus-
tible Liquids."
(3) The tank Is constructed of a steel-
flberglass-reinforced-plastic composite;
or
NOTE: The following Industry codes may be
used to comply with paragraph (a)(3) of this
section: Underwriters Laboratories Standard
1746, "Corrosion Protection Systems for Un-
derground Storage Tanks," or the Associa-
tion for Composite Tanks ACT-100, "Speci-
fication for the Fabrication of FRP Clad Un-
derground Storage Tanks."
(4) The tank Is constructed of metal
without additional corrosion protec-
tion measures provided that:
(i) The tank is Installed at a site that
is determined by a corrosion expert not
982
983
167-153 0—96 32
-------
§280.20
to be corrosive enough to cause it to
have a release due to corrosion during
its operating life; and
(it) Owners and operators maintain
records that demonstrate compliance
with the requirements of paragraphs
(a)(4)(i) for the remaining life of the
tank; or
(5) The tank construction and corro-
sion protection are determined by the
implementing agency to be designed to
prevent the release or threatened re-
lease of any stored regulated substance
in a manner that is no less protective
of human health and the environment
than paragraphs (a) (1) through (4) of
this section.
(b) Piping. The piping that routinely
contains regulated substances and is in
contact with the ground must be prop-
erly designed, constructed, and pro-
tected from corrosion in accordance
with a code of practice developed by a
nationally recognized association or
independent testing laboratory as spec-
ified below:
(1) The piping is constructed of fiber-
glass-reinforced plastic; or
NOTE The following codes and standards
may bo used to comply with paragraph (b)(l)
of this section:
(A) Underwriters Laboratories Subject 971,
"UL Listed Non-Metal Pipe";
(B) Underwriters Laboratories Standard
667, "Pipe Connectors for Flammable and
Combustible and LP Gas";
(O Underwriters Laboratories of Canada
Guide ULC-107, "Glass Fiber Reinforced
Plastic Pipe and Fittings for Flammable
Liquids"; and
(D) Underwriters Laboratories of Canada
Standard CAN 4-S633-M81, "Flexible Under-
ground Hose Connectors."
(2) The piping is constructed of steel
and cathodically protected in the fol-
lowing manner:
(i) The piping is coated with a suit-
able dielectric material;
(11) Field-installed cathodic protec-
tion systems are designed by a corro-
sion expert;
(ill) Impressed current systems are
designed to allow determination of cur-
rent operating status as required in
§280.31(0); and
(Iv) Cathodic protection systems are
operated and maintained in accordance
with §280.31 or guidelines established
by the implementing agency; or
40 CFR Ch. I (7-1-96 Edition)
NOTE: The following codes and standards
may be used to comply with paragraph (b)(2)
of this section:
(A) National Fire Protection Association
Standard 30, "Flammable and Combustible
Liquids Code";
(B) American Petroleum Institute Publica-
tion 1616, "Installation of Underground Pe-
troleum Storage Systems";
(C) American Petroleum Institute Publica-
tion 1632, "Cathodic Protection of Under-
ground Petroleum Storage Tanks and Piping
Systems"; and
(D) National Association of Corrosion En-
gineers Standard BP-01-69, "Control of Ex-
ternal Corrosion on Submerged Metallic Pip-
ing Systems."
(3) The piping is constructed of metal
without additional corrosion protec-
tion measures provided that:
(i) The piping is installed at a site
that is determined by a corrosion ex-
pert to not be corrosive enough to
cause it to have a release due to corro-
sion during its operating life; and
(ii) Owners and operators maintain
records that demonstrate compliance
with the requirements of paragraph
(b)(3)(i) of this section for the remain-
ing life of the piping; or
NOTE: National Fire Protection Assocla-
tlon Standard 30, "Flammable and Combus-
tible Liquids Code"; and National Associa-
tion of Corrosion Engineers Standard BP-01-
69, "Control of External Corrosion on Sub-
merged Metallic Piping Systems," may be
used to comply with paragraph (b)(3) of this
section.
(4) The piping construction and cor-
rosion protection are determined by
the implementing agency to be de-
signed to prevent the release or threat-
ened release of any stored regulated
substance in a manner that is no less
protective of human health and the en-
vironment than the requirements. in
paragraphs (b) (1) through (3) of this
section.
(c) Spill and overfill prevention equip-
ment. (1) Except as provided in para-
graph (c)(2) of this section, to prevent
spilling and overfilling associated with
product transfer to the UST system,
owners and operators must use the fol-
lowing spill and overfill prevention
equipment:
(i) Spill prevention equipment that
will prevent release of product to the
environment when the transfer hose is
detached from the fill pipe (for exam-
ple, a spill catchment basin); and
Environmental Protection Agency
(ii) 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 triggering a high-level alarm;
or
(C) Restrict flow 30 minutes prior to
overfilling, alert the operator with a
high level alarm one minute before
overfilling, or automatically shut off
flow into the tank so that none of the
fittings located on top of the tank are
exposed to product due to overfilling-.
(2) Owners and operators are not re-
quired to use the spill and overfill pre-
vention equipment specified in para-
graph (cXl) of this section if:
(i) Alternative equipment is used
that is determined by the implement-
ing agency to be no less protective of
human health and the environment
than the equipment specified in pant-
graph (cXl) (i) or (ii) of this section; or
(11) The UST system is filled by
transfers of no more than 25 gallons at
one time.
(d) Installation. All tanks and piping
must be properly installed in accord-
ance with a code of practice developed
by a nationally recognized association
or independent testing laboratory and
in accordance with the manufacturer's
instructions.
NOTE: Tank and piping system Installation
practices and procedures described in the fol-
lowing codes may be used to comply with the
requirements of paragraph (d) of this section:
(1) American Petroleum Institute Publica-
tion 1616, "Installation of Underground Pe-
troleum Storage System"; or
(11) Petroleum Equipment Institute Publi-
cation BP100, "Recommended Practices for
Installation of Underground Liquid Storage
Systems"; or
(ill) American National Standards Insti-
tute Standard B31.3, "Petroleum Refinery
Piping," and American National Standards
Institute Standard B31.4 "Liquid Petroleum
Transportation Piping System."
(e) Certification of installation. All
owners and operators must ensure that
one or more of the following methods
of certification, testing, or inspection
is used .to demonstrate, compliance
with paragraph (d) of this section by
providing a certification of compliance
§280.21
on the UST notification form in ac-
cordance with §280.22.
(1) The installer has been certified by
the tank and piping manufacturers; or
(2) The installer has been certified or
licensed by the implementing agency;
or
(3) The installation 'lias been in-
spected and certified by a registered
professional engineer with education
and experience in UST system installa-
tion; or
(4) The installation has been In-
spected and approved by the imple-
menting agency;or
(5) All work listed in the manufactur-
er's installation checklists has been .
completed; or
(6) The owner and operator have com-
plied with another method for ensuring
compliance with paragraph (d) of this
section that is determined by the im-
plementing agency to be no less protec-
tive of human health and the environ-
ment. •&
[63 FB 37194, Sept. 23,1988, as amended at 66
FR 38344, Aug. 13,1991]
§280.21 Upgrading of existing UST
systems*
(a) Alternatives allowed. Not later
than December 22, 1998, all existing
UST systems must comply with one of |
the following requirements: "'
(1) New UST system performance
standards under §280.20;
(2) The upgrading requirements in
paragraphs (b) through (d) of this sec-
tion; or
(3) Closure requirements under sub-
part O of this part, including applica-
ble requirements for corrective action
under subpart P.
(b) Tank upgrading requirements. Steel
tanks must be upgraded to meet one of
the following requirements in accord-
ance with a code of practice developed
by a nationally recognized association
or independent testing laboratory:
(1) Interior lining. A tank may be up-
graded by internal lining if:
(i) The lining is installed in accord-
ance with the requirements of §280.33,
and
(ii) Within 10 years after lining, and
every 5 years thereafter, the lined tank
is internally inspected and found to be
structurally sound with the lining still
984
985
-------
§28022
40 CFR Ch. I (7-1-96 EcWon)
performing in accordance with original
design specifications,
(2) Cathodic protection. A tank may be
upgraded by cathodlo protection if the
cathodio protection system meets the
requirements of §280.2Q
-------
§280.32
40 CFR Ch. I (7-1-96 Edition)
(2) Inspection criteria. The criteria
Chat are used to determine that ca-
thodlo protection is adequate as re-
quired by this section must be in ac-
cordance with a code of practice devel-
oped by a nationally recognized asso-
ciation.
NOTE: National Association of Corrosion
Engineers Standard RP-02-56, "Control of
External Corrosion on Metallic Burled, Par-
tially Burled, or Submerged Liquid Storage
Systems," may be used to comply with para-
graph (bK2) of this section.
(c) UST systems with Impressed cur-
rent cathodlc protection systems must
also be Inspected every 60 days to en-
sure the equipment is running prop-
erly.
(d) For UST systems using cathodlc
protection, records of the operation of
the cathodlo protection must be main-
tained (In accordance with §280.34) to
demonstrate compliance with the per-
formance standards In this section.
These records must provide the follow-
ing:
(1) The results of the last three in-
spections required in paragraph (c) of
this section; and
(2) The results of testing from the
last two Inspections required in para-
graph (b) of this section.
$280.32 Compatibility.
Owners and operators must use an
UST system made of or lined with ma-
terials that are compatible with the
substance stored in the UST system.
NOTE: Owners and operators storing alco-
hol blends may use the following codes to
comply with the requirements of this sec-
tion:
(a) American Petroleum Institute Publica-
tion 1628, "Storing and Handling Ethanol and
GasoUne-Ethanol Blends at Distribution Ter-
minals and Service Stations"; and
(b) American Petroleum Institute Publica-
tion 1627, "Storage and Handling of Gasoline-
Methanol/Cosolvent Blends at Distribution
Terminals and Service Stations."
§280.33 Repairs allowed.
Owners and operators of UST sys-
tems must ensure that repairs will pre-
vent releases due to structural failure
or corrosion as long as the UST system
is used to store regulated substances.
The repairs must meet the following
requirements:
(a) Repairs to UST systems must be
properly conducted in accordance with
a code of practice developed by a na-
tionally recognized association or an
independent testing laboratory.
NOTE: The following codes and standards
may be used to comply with paragraph (a) of
this section: National Fire Protection Asso-
ciation Standard 30, "Flammable and Com-
bustible Liquids Code"; American Petroleum
Institute Publication 2200, "Repairing Crude
Oil, Liquified Petroleum Gas, and Product
Pipelines"; American Petroleum Institute
Publication 1631, "Recommended Practice
for the Interior Lining of Existing Steel Un-
derground Storage Tanks"; and National
Leak Prevention Association Standard 631,
"Spill Prevention, Minimum 10 Year Life Ex-
tension of Existing Steel Underground Tanks
by Lining Without the Addition of Cathodlo
Protection."
(b) Repairs to fiberglass-reinforced
plastic tanks may be made by the man-
ufacturer's authorized representatives
or in accordance with a code of prac-
tice developed by a nationally recog-
nized association or an independent
testing laboratory.
(c) Metal pipe sections and fittings
that have released product as a result
of corrosion or other damage must be
replaced. Fiberglass pipes and fittings
may be repaired in accordance with the
manufacturer's specifications.
(d) Repaired tanks and piping must
be tightness tested in accordance with
§280.43(c) and §280.44(b) within 30 days
following the date of the completion of
the repair except as provided in para-
graphs (d) (1) through (3), of this sec-
tion:
(1) The repaired tank is Internally in-
spected in accordance with a code of
practice developed by a nationally rec-
ognized association or an independent
testing laboratory; or
(2) The repaired portion of the UST
system is monitored monthly for re-
leases in accordance with a method
specified In §280.43 (d) through (h); or
(3) Another test method is used that
is determined by the implementing
agency to be no less protective of
human health and the environment
than those listed above.
(e) Within 6 months following the re-
pair of any cathodically protected UST
system, the cathodlc protection system
must be tested in accordance with
988
Environmental Protection Agency
§280-40
§280.31 (b) and (c) to ensure that it is
operating properly.
(f) UST system owners and operators
must maintain records of each repair
for the remaining operating life of the
UST system that demonstrate compli-
ance with the requirements of this sec-
tion.
§ 280.34 Reporting and recordkeeplng.
Owners and operators of UST sys-
tems must cooperate fully with inspec-
tions, monitoring and testing con-
ducted by the implementing agency, as
well as requests for document submis-
sion, testing, and monitoring by the
owner or operator pursuant to section
9005 of Subtitle I of the Resource Con-
servation and Recovery Act, as amend-
ed.
(a) Reporting. Owners and operators
must submit the following information
to the Implementing agency:
(1) Notification for all UST systems
(§280.22), which includes certification
of Installation for new UST systems
(§280.20(e)),
(2) Reports of all releases including
suspected releases (§280.50), spills and
overfills (§280.63), and confirmed re-
leases (§280.61);
(3) Corrective actions planned or
taken including initial abatement
measures (§280.62), initial site charac-
terization (§280.63), free product re-
moval (§280.64), Investigation of soil
and ground-water cleanup (§280.65), and
corrective action .plan (§280.66); and
(4) A notification before permanent
closure or change-in-service (§280.71).
(b) Recordkeeping. Owners and opera-
tors must maintain the following infor-
mation:
(1) A corrosion expert's analysis of
site corrosion potential if corrosion
protection equipment is not used
(§280.2
-------
§280X1
40 CFR Ch. I (7-1-96 EdUon)
ntfnOQ
ArtaMteTrt
Owotnj.
AutocMfcUn
UtkMo
ton.
UwTlgf****
TMtng.
8«*on
290X3 fd)
2SOX4M
280/MW
Pm^>r»MdiTOPte
Dtconttw 22.1990.
Sop4imb«r22,1991.
D*c«-
(iv) of this section to be readily deter-
mined.
§280.42 Requirements for hazardous
substance UST systems.
Owners and operators of hazardous
substance UST systems must provide
release detection that meets the fol-
lowing requirements:
(a) Release detection at existing UST
systems must meet the requirements
for petroleum UST systems in §280.41.
By December 22, 1998, all existing haz-
ardous substance UST systems must
meet the release detection require-
ments for new systems in paragraph (b)
of this section.
(b) Release detection at new hazard-
ous substance UST systems must meet
the following requirements:
(1) Secondary containment systems
must be designed, constructed and in-
stalled to:
(1) Contain regulated substances re-
leased from the tank system until they
are detected and removed;
(11) Prevent the release of regulated
substances to the environment at any
time during the operational life of the
UST system; and
(ill) Be checked for evidence of a re-
lease at least every 30 days.
NOTE.—The provisions of 40 CFR 265.193,
Containment and Detection of Releases, may
be used to comply with these requirements.
(2) Double-walled tanks must be de-
signed, constructed, and installed to:
(i) Contain a release from any por-
tion of the Inner tank within the outer
wall; and
(II) Detect the failure of the inner
wall.
(3) External liners (including vaults)
must be designed, constructed, and in-
stalled to:
(i) Contain 100 percent of the capac-
ity of the largest tank within its
boundary;
(ii) Prevent the interference of pre-
cipitation or ground-water intrusion
with the ability to contain or detect a
release of regulated substances; and
(ill) Surround the tank completely
(i.e., it is capable of preventing lateral
as well as vertical migration of regu-
lated substances).
(4) Underground piping must be
equipped with secondary containment
that satisfies the requirements of para-
graph (b)(l) of this section (e.g., trench
liners, Jacketing of double-walled pipe).
In addition, underground piping that
conveys regulated substances under
pressure must be equipped with an
automatic line leak detector in accord-
ance with §280.44(a).
(5) Other methods of release detec-
tion may be used if owners and opera-
tors:
(i) Demonstrate to the implementing
agency that an alternate method can
detect a release of the stored substance
as effectively as any of the methods al-
lowed In §§280.43(b) through (h) can de-
tect a release of petroleum;
(ii) Provide information to the imple-
menting agency on effective corrective
action technologies, health risks, and
chemical and physical properties of the
stored substance, and the characteris-
tics of the UST site; and,
(ill) Obtain approval from the imple-
menting agency to use the alternate
release detection method before the in-
stallation and operation of the new
UST system.
§280.43 Methods of release detection
for tanks.
Each method of release detection for
tanks used to meet the requirements of
§280.41 must be conducted In accord-
ance with the following:
(a) Inventory control. Product inven-
tory control (or another test of equiva-
lent performance) must be conducted
monthly to detect a release of at least
1.0 percent of flow-through plus 130 gal-
lons on a monthly basis in the follow-
ing manner:
(1) Inventory volume measurements
for regulated substance inputs, with-
drawals, and the amount still remain-
Ing in the tank are recorded each oper-
ating day;
(2) The equipment used is capable of
measuring the level of product over the
full range of the tank's height to the
nearest one-eighth of an inch;
(3) The regulated substance inputs
are reconciled with delivery receipts by
991
-------
§280.43
40 CFR Ch. I (7-1-96 Edition)
measurement of the tank Inventory
volume before and after delivery;
(4) Deliveries are made through a
drop tube that extends to within one
foot of the tank bottom;
(5) Product dispensing is metered and
recorded within the local standards for
meter calibration or an accuracy of 6
cubic Inches for every 5 gallons of prod-
uct withdrawn; and
(6) The measurement of any water
level in the bottom of the tank is made
to the nearest one-eighth of an inch at
least once a month.
NOTK Practices described in the American
Petroleum Institute Publication 1621, "Rec-
ommended Practice for Bulk Liquid Stock
Control at-Retail Outlets," may be used,
where applicable, as guidance in meeting the
requirements of this paragraph.
(b) Manual tank gauging. Manual
tank gauging must meet the following
requirements:
(1) Tank liquid level measurements
are taken at the beginning and ending
of a period of at least 36 hours during
which no liquid is added to or removed
from the tank;
(2) Level measurements are based on
an average of two consecutive stick
readings at both the beginning and
ending of the period;
(3) The equipment used is capable of
measuring the level of product over the
full range of the tank's height to the
nearest one-eighth of an inch;
(4) A leak is suspected and subject to
the requirements of subpart E if the
variation between beginning and end-
ing measurements exceeds the weekly
or monthly standards in the following
table:
Hnmfcial
nOnnml
tai* capac-
ity
6SO gallon*
or less.
551-1,000
gallons.
1,001-
2,000
QflBons.
Weekly standard (one
tost)
10 gallons
13 gallons
Monthly standard (av-
eraga odour tests)
5 gallons.
7 gallons. •
(S) Only tanks of 550 gallons or less
nominal capacity may use this as the
sole method of release detection.
Tanks of 651 to 2,000 gallons may use
the method in place of manual inven-
tory control in §280.43(a). Tanks of
greater than 2,000 gallons nominal oa-
• pacity may not use this method to
meet the requirements of this subpart.
(c) Tank tightness testing. Tank tight-
ness testing (or another test of equiva-
lent performance) must be capable of
detecting a 0.1 gallon per hour leak
rate from any portion of the tank that
routinely contains product while ac-
counting for the effects of thermal ex-
pansion or contraction of the product,
vapor pockets, tank deformation, evap-
oration or condensation, and the loca-
tion of the water table.
(d) Automatic tank gauging. Equip-
ment for automatic tank gauging that
tests for the loss of product and con-
ducts inventory control must meet the
following requirements:
(1) The automatic product level mon-
itor test can detect a 0.2'gallon per
hour leak rate from any portion of the
tank that routinely contains product;
and
(2) Inventory control (or another test
of equivalent performance) is con-
ducted in accordance with the require-
ments of §280.43(a).
(e) Vapor monitoring. Testing or mon-
itoring for vapors within the soil gas of
the excavation zone must meet the fol-
lowing requirements:
(1) The materials used as backfill are
sufficiently porous (e.g., gravel, sand,
crushed rock) to readily allow diffusion
of vapors from releases into the exca-
vation area;'
(2) The stored regulated substance, or
a tracer compound placed in the tank
system, is sufficiently volatile (e.g.,
gasoline) to result in a vapor level that
is detectable by the monitoring devices
located in the excavation zone in the
event of a release from the tank;
(3) The measurement of vapors by the
monitoring device is not rendered inop-
erative by the ground water, rainfall,
or soil moisture or other known Inter-
ferences so that a release could go un-
detected for more than 30 days;
(4) The level of background contami-
nation in the excavation zone will not
interfere with the method used to de-
tect releases from the tank;
(5) The vapor monitors are designed
and operated to detect any significant
increase In concentration above back-
ground of the regulated substance
stored in the tank system, a compo-
nent or components of that substance,
992
Environmental Protection Agency
or a tracer compound placed in the
tank system;
(6) In the UST excavation zone, the
site Is assessed to ensure compliance
with the requirements in paragraphs
(e) (1) through (4) of this section and to
establish the number and positioning
of monitoring wells that will detect re-
leases within the excavation zone from
any portion of the tank that routinely
contains product; and
(7) Monitoring wells are clearly
marked and secured to avoid unauthor-
ized access and tampering.
(f) Ground-water monitoring. Testing
or monitoring for liquids on the ground
water must meet the following require-
ments:
(1) The regulated substance stored is
immiscible in water and has a specific
gravity of less than one;
(2) Ground water is never more than
20 feet from the ground surface and the
hydraulic conductivity of the soil(s)
between the UST system and the mon-
itoring wells or devices is not less than
0.01 cm/seo (e.g., the soil should consist
of gravels, coarse to medium sands,
coarse silts or other permeable mate-
rials);
(3) The slotted portion of the mon-
itoring well casing must be designed to
prevent migration of natural soils or
filter pack into the well and to allow
entry of regulated substance on the
water table into the well under both
high and. low ground-water conditions;
(4) Monitoring wells shall be sealed
from the ground surface to the top of
the filter pack;
(5) Monitoring wells or devices inter-
cept the excavation zone or are as close
to it as is technically feasible;
(6) The continuous monitoring de-
vices or manual methods used can de-
tect the presence of at least one-eighth
of an inch of free product on top of the
ground water in the monitoring wells;
(7) Within and immediately below the
UST system excavation zone, the site
is assessed to ensure compliance with
the requirements in paragraphs (f) (1)
through (5) of this section and to estab-
lish the number and positioning of
monitoring wells or devices that will
detect releases from any portion of the
tank that routinely contains product;
and
§280.43
(8) Monitoring wells are clearly
marked and secured to avoid unauthor-
ized access and tampering.
(g) Interstitial monitoring. Interstitial
monitoring between the UST system
and a secondary barrier immediately
around or beneath it may be used, bat
only if the system is designed, con-
structed and Installed to detect a leak
from any portion of the tank that rou-
tinely contains product and also meets
one of the following requirements:
(1) For double-walled UST systems,
the sampling or testing method can de-
tect a release through the inner wall in
any portion of the tank that routinely
contains product;
NOTE: The provisions outlined In the Steel
Tank Institute's "Standard for Dual Wall
Underground Storage Tanks" may be used as
guidance for aspects of the design and con-
struction of underground steel double-walled
tanks.
(2) For UST systems, with a second-
ary barrier within the excavation zone,
the sampling or testing method used
can detect a release between the UST
system and the secondary barrier;
(i) The secondary barrier around or
beneath the UST system consists of ar-
tificially constructed material that Is
sufficiently thick and impermeable (at
least 10~« cm/seo for the regulated sub-
stance stored) to direct a release to the
monitoring point and permit its detec-
tion;
(ii) The barrier is compatible with
the regulated substance stored so that
a release from the UST system will not
cause a deterioration of the barrier al-
lowing a release to pass through unde-
tected;
(ill) For cathodically protected
tanks, the secondary barrier must be
installed so that it does not interfere
with the proper operation of the ca-
thodic protection system;
(iv) The ground water, soil moisture,
or rainfall will not render the testing
or sampling method used inoperative
so that a release could go undetected
for more than 30 days;
(v) The site is assessed to ensure that
the secondary barrier is always above
the ground water and not in a 25-year
flood plain, unless the barrier and mon-
itoring designs are for use under such
conditions; and,
993
-------
T"
§280.44
(vl) Monitoring wells are clearly
marked and secured to avoid unauthor-
ized access and tampering.
(3) For tanks with an internally
fitted liner, an automated device can
detect a release between the inner wall
of the tank and the liner, and the liner
IB compatible with the substance
stored.
(h) Other methods. Any other type of
release detection method, or combina-
tion of methods, can be used If:
(1) It can detect a 0.2 gallon per hour
leak rate or a release of 160 gallons
within a month with a probability of
detection of 0.96 and a probability of
false alarm of 0.05; or
(2) The Implementing agency may ap-
prove another method if the owner and
operator can demonstrate that the
method can detect a release as effec-
tively as any of the methods allowed in
paragraphs (o) through (h) of this sec-
tion. In comparing methods, the imple-
menting agency shall consider the size
of release that the method can detect
and the frequency and reliability with
which It can be detected. If the method
is approved, the owner and operator
must comply with any conditions im-
posed by the Implementing agency on
its use to ensure the protection of
human health and the environment.
$280.44 Methods of release detection
for piping.
Each method of release detection for
piping used to meet the requirements
of §280.41 must be conducted in accord-
ance with the following:
(a) Automatic line leak detectors. Meth-
ods which alert the operator to the
presence of a leak by restricting or
shutting off the flow of regulated sub-
stances through piping or triggering an
audible or visual alarm may be used
only if they detect leaks of 3 gallons
per hour at 10 pounds per square inch
line pressure within 1 hour. An annual
test of the operation of the leak detec-
tor must be conducted in accordance
with the manufacturer's requirements.
(b) Line tightness testing. A periodic
test of piping may be conducted only if
it can detect a 0.1 gallon per hour leak
rate at one and one-half times the op-
erating pressure.
(o) Applicable tank methods. Any of
Hie methods in §280.43 (e) through (h)
40 CFR Ch. I <7-l-*6 EcWon)
may bo used If they are designed to de-
tect a release from any portion of the
underground piping that routinely con-
tains regulated substances.
{280.45 Release detection record-
keeping.
All UST system owners and operators
must maintain records in accordance
with §280.34 demonstrating compliance
with all applicable requirements of this
subpart. These records must Include
the following:
(a) All written performance claims
pertaining to any release detection sys-
tem used, and the manner In which
these claims have been justified or
tested by the equipment manufacturer
or installer, must be maintained for 6
years, or for another reasonable period
of time determined by the implement-
ing agency, from the date of installa-
tion;
(b) The results of any sampling, test-
Ing, or monitoring must be maintained
for at least 1 year, or for another rea-
sonable period of time determined by
the Implementing agency, except that
the results of tank tightness testing
conducted in accordance with §280.43(c)
must be retained until the next test is
conducted; and
(o) Written documentation of all cali-
bration, maintenance, and repair of re-
lease detection equipment permanently
located on-site must be maintained for
at least one year after the servicing
work is completed, or for another rea-
sonable time period determined by the
implementing agency. Any schedules of
required calibration and maintenance
provided by the release detection
equipment manufacturer must be re-
tained for 5 years from the date of in-
stallation.
Subpart E—Release Reporting,
Investigation, and Confirmation
} 280.50 Reporting of suspected re-
leases.
Owners and operators of UST sys-
tems must report to the Implementing
agency within 24 hours, or another rea-
sonable time period specified by the
implementing agency, and follow the
procedures in §280.52 for any of the fol-
lowing conditions:
Environmental Protection Agency
(a) The discovery by owners and oper-
ators or others of released regulated
substances at the UST site or in the
surrounding area (such as the presence
of free product or vapors In soils, base-
ments, sewer and utility lines, and
nearby surface water).
(b) Unusual operating conditions ob-
served by owners and operators (such
as the erratic behavior of product dis-
pensing equipment, the sudden loss of
product from the UST system, or an
unexplained presence of water in the
tank), unless system equipment is
found to be defective but not leaking,
and is immediately repaired or re-
placed; and,
(c) Monitoring results from a release
detection method required under
§280.41 and §280.42 that indicate a re-
lease may have occurred unless:
(1) The monitoring device is found to
be defective, and is Immediately re-
paired, recalibrated or replaced, and
additional monitoring does not confirm
the initial result; or
(2) In the case of inventory control, a
second month of data does not confirm
the initial result.
§280.51 Investigation due to off-site
impacts.
.When required by the implementing
agency, owners and operators of UST
systems must follow the procedures in
§280.62 to determine if the UST system
Is the source of off-site impacts. These
Impacts include the discovery of regu-
lated substances (such as the presence
of free product or vapors in soils, base-
ments, sewer and utility lines, and
nearby surface and drinking waters)
that has been observed by the imple-
menting agency or brought to its at-
tention by another party.
§280.52 Release investigation and con-
firmation steps.
Unless corrective action is initiated
in accordance with subpart F, owners
and operators must immediately inves-
tigate and confirm all suspected re-
leases of regulated substances requir-
ing reporting under §280.50 within 7
days, or another reasonable time pe-
riod specified by the implementing
agency, using either the following
steps or another procedure approved by
the implementing agency:
§280.53
(a) System test. Owners and operators
must conduct testa (according to the
requirements for tightness testing in
5280.43(0) and §280.44(b)) that determine
whether a leak exists In that portion of
the tank that routinely contains prod-
uct, or the attached delivery piping, or
both.
(1) Owners and operators must repair,
replace or upgrade the UST system,
and begin corrective action in accord-
ance with subpart F If the test results
for the system, tank, or delivery piping
indicate that a leak exists.
(2) Further investigation is not re-
quired if the test results for the sys-
tem, tank, and delivery piping do not
Indicate that a leak exists and if envi-
ronmental contamination Is not the
basis for suspecting a release.
(3) Owners and operators must con-
duct a site check as described in para-
graph (b) of this section if the test re-
sults for the system, tank, and delivery
piping do not indicate that a leak ex-
ists but environmental contamination
is the basis for suspecting a release.
(b) Site check. Owners and operators
must measure for the presence of a re-
lease where contamination is most
likely to be present at the UST site. In
selecting sample types, sample loca-
tions, and measurement methods, own-
ers and operators must consider the na-
ture of the stored substance, the type
of Initial alarm or cause for suspicion,
the type of backfill, the depth of
ground water, and other factors appro-
priate for identifying the presence and
source of the release.
(1) If the test results for the exca-
vation zone or the UST site indicate
that a release has occurred, owners and
operators must begin corrective action
In accordance with subpart F;
(2) If the test results for the exca-
vation zone or the UST site do not In-
dicate that a release has occurred, fur-
ther Investigation is not required.
8 280.53 Reporting and cleanup of
spills and overfills.
(a) Owners and operators of UST sys-
tems must contain and immediately
clean up a spill or overfill and report to
the implementing agency within 24
hours, or another reasonable time pe-
riod specified by the implementing
agency, and begin corrective action in
994
995
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§280.60
accordance with subpart F in the fol-
lowing cases:
(1) Spill or overflll of petroleum that
results in a release to the environment
that exceeds 25 gallons or another rea-
sonable amount specified by the imple-
menting agency, or that causes a sheen
on nearby surface water; and
(2) Spill or overfill of a hazardous
substance that results in a release to
the environment that equals or exceeds
its reportable quantity under CERCLA
(40 CFR part 302).
(b) Owners and operators of UST sys-
tems must contain and immediately
clean up a spill or overfill of petroleum
that is less than 25 gallons or another
reasonable amount specified by the im-
plementing agency, and a spill or over-
fill of a hazardous substance that is
less than the reportable quantity. If
cleanup cannot be accomplished within
24 hours, or another reasonable time
period established by the implementing
agency, owners and operators must im-
mediately notify the implementing
agency.
NOTE Pursuant to 55302.6 and 355.40, a re-
leas* of & hazardous substance equal to or in
excess of Its reportable quantity must also
be reported immediately (rather than within
24 hours) to the National Response Center
under sections 102 and 103 of the Comprehen-
sive Environmental Response, Compensa-
tion, and Liability Act of 1980 and to appro-
priate state and local authorities under Title
m of the Snperfund Amendments and Reau-
thorlzatlon Act of 1986.
Subpart F-Release Response and
Corrective Action for UST Sys-
tems Containing Petroleum or
Hazardous Substances
$280.60 General
Owners and operators of petroleum or
hazardous substance UST systems
must, in response to a confirmed re-
lease from the UST system, comply
with the requirements of this subpart
except for USTs excluded under
§280.10(b) and UST systems subject to
BORA Subtitle 0 corrective action re-
quirements under section 3004(u) of the
Resource Conservation and Recovery
Act, as amended.
40 CFR Ch. I (7-l-*6 Edttton)
{280.61 Initial response.
Upon confirmation of a release in ac-
cordance with §280.52 or after a release
from the UST system is Identified in
any other manner, owners and opera-
tors must perform the following initial
response actions within 24 hours of a
release or within another reasonable
period of time determined by the im-
plementing agency:
(a) Report the release to the imple-
menting agency (e.g., by telephone or
electronic mail);
(b) Take immediate action to prevent
any further release of the regulated
substance into the environment; and
(c) Identify and mitigate fire, explo-
sion, and vapor hazards.
$280.62 Initial abatement measures
and site check.
(a) Unless directed to do otherwise by
the implementing agency, owners and
operators must perform the following
abatement measures:
(1) Remove as much of the regulated
substance from the UST system as is
necessary to prevent further release to
the environment;
(2) Visually inspect any aboveground
releases or exposed belowground re-
leases and prevent further migration of
the released substance into surround-
ing soils and ground water;
(3) Continue to monitor and mitigate
any additional fire and safety-hazards
posed by vapors or free product that
have migrated from the UST exca-
vation zone and entered' Into sub-
surface structures (such as sewers or
basements);
(4) Remedy hazards posed by con-
taminated soils that are excavated or
exposed as a result of release confirma-
tion, site investigation, abatement, or
corrective action activities. If these
remedies include treatment or disposal
of soils, the owner and operator must
comply with applicable State and local
requirements;
(5) Measure for the presence of a re-
lease where contamination is most
likely to be present at the UST site,
unless the presence and source of the
release have been confirmed in accord-
ance with the site check required by
§280.52(b) or the closure site assess-
ment of §280.72(a). In selecting sample
996
Environmental Protection Agency
§280.64
types, sample locations, and measure-
ment methods, the owner and operator
must consider the nature of the stored
substance, the type of backfill, depth
to -ground water and other factors as
appropriate for identifying the pres-
ence and source of the release; and
(6) Investigate to determine the pos-
sible presence of free product, and
begin free product removal as soon as
practicable and in accordance with
§280.64.
(b) Within 20 days after release con-
firmation, or within another reason-
able period of time determined by the
Implementing agency, owners and oper-
ators must submit a report to the im-
plementing agency summarizing the
initial abatement steps taken under
paragraph (a) of this section and any
resulting information or data.
$280.63 Initial site characterization.
(a) Unless directed to do otherwise by
the implementing agency, owners and
operators must assemble information
about the site and the nature of the re-
lease, including information gained
while confirming the release or com-
pleting the initial abatement measures
in §§280.60 and 280.61. This information
must include, but is not necessarily
limited to the following:
(1) Data on the nature and estimated
quantity of release;
(2) Data from available sources and/
or site investigations concerning the
following factors: surrounding popu-
lations, water quality, use and approxi-
mate locations of wells potentially af-
fected by the release, subsurface soil
conditions, locations of subsurface sew-
ers, climatologlcal conditions, and land
use;
(3) Results of the site check required
under §280.62(a)(5); and
(4) Results of the free product inves-
tigations required under §280.62(a)(6),
to be used by owners and operators to
.determine whether free product must
be recovered under §280.64.
(b) Within 45 days of release con-
firmation or another reasonable period
of time determined by the implement-
ing agency, owners and operators must
submit the information collected in
compliance with paragraph (a) of this
section to the Implementing agency in
a manner that demonstrates its appli-
cability and technical adequacy, or in a
format and according to the schedule
required by the implementing agency.
$280.64 Free product removal.
At sites where investigations under
§280.62(a)(6) indicate the presence of
free product, owners and operators
must remove free product to the maxi-
mum extent practicable as determined
by the implementing agency while con-
tinuing, as necessary, any actions Ini-
tiated under §§280.61 through 280.63, or
preparing for actions required under
§§280.65 through 280.66. In meeting the
requirements of this section, owners
and operators must:
(a) Conduct free product removal in a
manner that minimizes the spread of
contamination into previously
uncontaminated zones by using recov-
ery and disposal techniques appro-
priate to the hydrogeologic conditions
at the site, and that properly treats,
discharges or disposes of recovery by-
products in compliance with applicable
local, State and Federal regulations;
(b) Use abatement of free product mi-
gration as a minimum objective for the
design of the free product removal sys-
tem; • ;-
(c) Handle any flammable products in
a safe and competent manner to pre-
vent fires or explosions; and
(d) Unless directed to do otherwise by
the implementing agency, prepare and
submit to the implementing agency,
within 45 days after confirming a re-
lease, a free product removal report
that provides at least the following in-
formation:
(1) The name of the peraon(s) respon-
sible for implementing the free product
removal measures;
(2) The estimated quantity, type, and
thickness of free product observed or
measured in wells, boreholes, and exca-
vations;
(3) The type of free product recovery
system used;
(4) Whether any discharge will take
place on-site or off-site during the re-
covery operation and where this dis-
charge will be located;
(5) The type of treatment applied to,
and the effluent quality expected from,
any discharge;
997
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§280.65
40 CFR Ch. I (7-1-96 EoWon)
(6) Thfl steps that have been or are
being taken to obtain necessary per-
mits tor any discharge; and
(7) The disposition of the recovered
free product.
5280.65 Investigations for soil and
ground-water cleanup.
(a) In order to determine the Ml ex-
tent and location of soils contaminated
by the release and the presence and
concentrations of dissolved product
contamination in the ground water,
owners and operators must conduct In-
vestigations of the release, the release
site, and the surrounding area possibly
affected by the release if any of the fol-
lowing conditions exist:
(1) There is evidence that ground-
water wells have been affected by the
release (e.g., as found during release
confirmation or previous corrective ac-
tion measures);
(2) Free product is found to need re-
covery in compliance with §280.64;
(3) There is evidence that contami-
nated soils may be in contact with
ground water (e.g., as found during
conduct of the initial response meas-
ures or Investigations required under
§5280.60 through 280.64); and
(4) The implementing agency re-
quests an investigation, based on the
potential effects of contaminated soil
or ground water on nearby surface
water and ground-water resources.
(b) Owners and operators must sub-
mit the information collected under
paragraph (a) of this section as soon as
practicable or in accordance with a
schedule established by the implement-
ing agency.
$280.66 Corrective action plan.
(a) At any point after reviewing the
information submitted in compliance
with §§280.61 through 280.63, the imple-
menting agency may require owners
and operators to submit additional in-
formation or to develop and submit a
corrective action plan for responding
to contaminated soils and ground
water. If a plan is required, owners and
operators must submit the plan accord-
ing to a schedule and format estab-
lished by the implementing agency. Al-
ternatively, owners and operators may,
after fulfilling the requirements of
§§280.61 through 280.63, choose to sub-
mit a corrective action, plan for re-
sponding to contaminated soil and
ground water. In either case, owners
and operators are responsible for sub-
mitting a plan that provides for ade-
quate protection of human health and
the environment as determined by the
implementing agency, and must mod-
ify their plan as necessary to meet this
standard.
(b) The implementing agency will ap-
prove the corrective action plan only
after ensuring that implementation of
the plan will adequately protect human
health, safety, and the environment. In
making this determination, the imple-
menting agency should consider the
following factors as appropriate:
(1) The physical and chemical charac-
teristics of the regulated substance, in-
cluding its toxiclty, persistence, and
potential for migration;
(2) The hydrogeologlo characteristics
of the facility and the surrounding
area;
(3) The proximity, quality, and cur-
rent and future uses of nearby surface
water and ground water;
(4) The potential effects of residual
contamination on nearby surface water
and ground water;
(5) An exposure assessment; and
(6) Any information assembled in
compliance with this subpart.
(c) Upon approval of-the corrective
action plan or as directed by the imple-
menting agency, owners and operators
must implement the plan, including
modifications to the plan made by the
implementing agency. They must mon-
itor, evaluate, and report the results of
implementing the plan in accordance
with a schedule and in a format estab-
lished by the implementing agency.
(d) Owners and operators may, in the
Interest of minimizing environmental
contamination and promoting more ef-
fective cleanup, begin cleanup of soil
and ground water before the corrective
action plan is approved provided that
they:
(1) Notify the implementing agency
of their intention to begin cleanup;
(2) Comply with any conditions im-
posed by the implementing agency, in-
cluding halting cleanup or mitigating
adverse consequences from cleanup ac-
tivities; and
998
Environmental Protection Agency
(3) Incorporate these self-Initiated
cleanup measures in the corrective ac-
tion plan that is submitted to the im-
plementing: agency for approval.
{280.67 Public participation.
(a) For each confirmed release that
requires a corrective action plan, the
implementing agency must provide no-
tice to the public by means designed to
reach those members of the public di-
rectly affected by the release and the
planned corrective action. This notice
may include, but is not limited to, pub-
lic notice in local newspapers, block
advertisements, public service an-
nouncements, publication in a state
register, letters to individual house-
holds, or personal contacts by field
staff.
(b) The implementing agency must
ensure that site release information
and decisions concerning the corrective
action plan are made available to the
public for inspection upon request.
(o) Before approving a corrective ac-
tion plan, the Implementing agency
may hold a public meeting to consider
comments on the proposed corrective
action plan if there is sufficient public
interest, or for any other reason.
(d) The implementing agency must
give public notice that complies with
paragraph (a) of this section if imple-
mentation of an approved corrective
action plan does not achieve the estab-
lished cleanup levels in the plan and
termination of that plan is under con-
sideration by the implementing agen-
cy.
Subpart G—Out-of-ServIce UST
Systems and Closure
$280.70 Temporary closure.
(a) When an UST system is tempo-
rarily closed, owners and operators
must continue operation and mainte-
nance of corrosion protection in ac-
cordance with §280.31, and any release
detection in accordance with subpart
D. Subparts E and F must be complied
with if a release is suspected or con-
firmed. However, release detection is
not required as long as the UST system
is empty. The UST system is empty
when all materials have been removed
using commonly employed practices so
that no more than 2.5 centimeters (one
§280.71
Inch) of residue, or 0.3 percent by
weight of the total capacity of the UST
system, remain in the system.
(b) When an UST system Is tempo-
rarily closed for 3 months or more,
owners and operators must also comply
with the following requirements:
(1) Leave vent lines open and func-
tioning; and
(2) Cap and secure all other lines,
pumps, manways, and ancillary equip-
ment.
(c) When an UST system is tempo-
rarily closed for more than 12 months,
owners and operators must perma-
nently close the UST system if it does
not meet either performance standards
In §280.20 for new UST systems or the
upgrading requirements in §280.21, ex-
cept that the spill and overfill equip-
ment requirements do not have to be
met. Owners and operators must per-
manently close the substandard UST
systems at the end of this 12-month pe-
riod in accordance with §§280.71-280.74,
unless the implementing agency pro-
vides an extension of the 12-month
temporary closure period. Owners and
operators must complete a site assess-
ment in accordance with §280.72 before
such an extension can be applied for.
$280.71 Permanent closure and
changes-In-service.
(a) At least 30 days before beginning
either permanent closure or a change-
in-service under paragraphs (b) and (c)
of this section, or within another rea-
sonable time period determined by the
implementing agency, owners and oper-
ators must notify the implementing
agency of their intent to permanently
close or make the change-in-service,
unless such action is in response to cor-
rective action. The required assess-
ment of the excavation zone under
§280.72 must be performed after notify-
ing the implementing agency but be-
fore completion of the permanent clo-
sure or a change-in-service.
(b) To permanently close a tank,
owners and operators must empty and
clean it by removing all liquids and ac-
cumulated sludges. All tanks taken out
of service permanently must also be ei-
ther removed from the ground or filled
with an inert solid material.
(c) Continued use of an UST system
to store a non-regulated substance Is
999
-------
§280.72
considered a change-ln-servlce. Before
a change-ln-servlce, owners and opera-
tors most empty and clean the tank by
removing all liquid and accumulated
sludge and conduct a site assessment in
accordance with §280.72.
Notrs: The following cleaning and closure
procedures may be used to comply with this
section:
(A) American Petroleum Institute Rec-
ommended Practice 1604, "Removal and Dis-
posal of Used Underground Petroleum Stor-
age Tanks";
(B) American Petroleum Institute Publica-
tion 2015, "Cleaning Petroleum Storage
Tanks";
(C) American Petroleum Institute Rec-
ommended Practice 1631, "Interior Lining of
Underground Storage Tanks," may be used
as guidance for compliance with this section;
and
(D) The National Institute for Occupa-
tional Safety and Health "Criteria for a Rec-
ommended Standard * * * Working in Con-
fined Space" may be used as guidance for
conducting safe closure procedures at some
hazardous substance tanks.
$280.72 Assessing the site at closure or
change-In-service.
(a) Before permanent closure or a
change-In-service Is completed, owners
and operators must measure for the
presence of a release where contamina-
tion la most likely to be present at the
UST site. In selecting sample types,
sample locations, and measurement
methods, owners and operators must
consider the method of closure, the na-
ture of the. stored substance, the type
of backfill, the depth to ground water,
and other factors appropriate for iden-
tifying the presence of a release. The
requirements of this section are satis-
fied If one of the external release detec-
tion methods allowed in §280.43 (e) and
(f) is operating in accordance with the
requirements In §280.43 at the time of
closure, and indicates no release has
occurred.
(b) If contaminated soils, contami-
nated ground water, or free product as
a liquid or vapor is discovered under
paragraph (a) of this section, or by any
other manner, owners and operators
must begin corrective action in accord-
ance with subpart P.
40 CFR Ch. I (7-1-96 Edition)
§280.73 Applicability to previously
closed UST systems.
When directed by the Implementing
agency, the owner and operator of an
UST system permanently closed before
December 22,1988 must assess the exca-
vation zone and close the UST system
in accordance with this subpart If re-
leases from the UST may, In the judg-
ment of the implementing agency, pose
a current or potential threat to human
health and the environment.
§280.74 Closure records.
Owners and operators must maintain
records in accordance with §280.34 that
are capable of demonstrating compli-
ance with closure requirements under
this subpart. The results of the exca-
vation zone assessment required In
. §280.72 must be maintained for at least
3 years after completion of permanent
closure or change-in-service in one of
the following ways:
(a) By the owners and operators who
took the UST system out of service;
(b) By the current owners and opera-
tors of the UST system site; or
(o) By mailing these records to £he
implementing agency If they cannot be
maintained at the closed facility.
Subpart H—Financial
Responsibility
SOURCE: 63 FR 43370, Oct. 26, 1988, unless
otherwise noted.
§280.90 Applicability.
(a) This subpart applies to owners
and operators of all petroleum under-
ground storage tank (UST) systems ex-
cept as otherwise provided In this sec-
tion.
(b) Owners and operators of petro-
leum UST systems are subject to these
requirements if they are in operation
on or after the date for compliance es-
tablished In §280.91. v
(o) State and Federal government en-
titles whose debts and liabilities are
the debts and liabilities of a state or
the United States are exempt from the
requirements of this subpart.
. (d) The requirements of this subpart
do not apply to owners and operators of
any UST system described in §280.10 (b)
or (c).
1000
Environmental Protection Agency
(e) If the owner and operator of a pe-
troleum underground storage tank are
separate persons, only one person is re-
quired to demonstrate financial re-
sponsibility; however, both parties are
liable In event of noncompliance. Re-
gardless of which party complies, the
date set for compliance at a particular
facility is determined by the character-
istics of the owner as set forth In
§280.91.
§280.91 Compliance dates.
Owners of petroleum underground1
storage tanks are required to comply
with the requirements of this subpart
by the following dates:
(a) All petroleum marketing firms
owning 1,000 or more USTs and all
other UST owners that report a tan-
gible net worth of $20 million or more
to the U.S. Securities and Exchange
Commission (SEC), Dun and Brad-
street, the Energy Information Admin-
istration, or the Eural Electrification
Administration; January 24, 1989, ex-
cept that compliance with §280.94(b) is
required by: July 24,1989.
(b) All petroleum marketing firms
owning 100-S99 USTs; October 26,1989.
(c) All petroleum marketing firms
owning 13-99 USTs at more than one fa-
cility; April 26,1991.
(d) All petroleum UST owners not de-
scribed In paragraphs (a), (b), or (o) of
this section, excluding local govern-
ment entities; December 31,1993.
(e) All local government entities (in-
cluding Indian tribes) not Included in
paragraph (f) of this section; February
18,1994.
(f) Indian tribes that own USTs on
Indian lands which meet the applicable
technical requirements of this part;
December 31,1998.
[53 FR 43370, Oct. 26, 1988, as amended at 54
FR 6452. Feb. 3,1989; 55 FR 18567, May 2,1990;
55 FR 46025, Oct. 31,1990; 56 FR 66373, Dec. 23.
1991; 59 FR 9607, Feb. 28,1994]
§280.92 Definition of terms.
When used in this subpart, the fol-
lowing terms shall have the meanings
given below:
Accidental release means any sudden
or nonsudden release of petroleum from
an underground storage tank that re-
sults in a need for corrective action
and/or compensation for bodily injury
§280.S>2
or property damage neither expected
nor intended by the tank owner or <>t>-
erator.
Bodily injury shall have the meaning
given to this term by applicable state
law; however, this term shall not in-
clude those liabilities which, consist-
ent with standard Insurance industry
practices, are excluded from coverage
In liability insurance policies for bod-
ily injury.
Chief Financial Officer, In the case of
local government owners and opera-
tors, means the individual with the
overall authority and responsibility for
the collection, disbursement, and use
of funds by the local government.
Controlling interest means direct own-
ership of at least 50 percent of the vot-
ing stock of another entity.
Director of the Implementing Agency
means the EPA Regional Adminis-
trator, or, in the case of a state with a
program approved under section 9004,
the Director of the designated state or
local agency responsible for carrying
out an approved UST program.
Financial reporting year means the
latest consecutive twelve-month period
for which any of the following reports
used to support a financial test is pre-
pared:
(1) a 10-K report submitted to the
SEC;
(2) an annual report of tangible net
worth submitted to Dun and Brad-
street; or
(3) annual reports submitted to the
Energy Information Administration or
the Rural Electrification Administra-
tion.
"Financial reporting year" may thus
comprise a fiscal or a calendar year pe-
riod.
Legal defense cost is any expense that
an owner or operator or provider of fi-
nancial assurance incurs in defending
against claims or actions brought,
(1) By EPA or a state to require cor-
rective action or to recover the costs of
corrective action;
(2) By or on behalf of a third party
for bodily injury or property damag-e
caused by an accidental release; or
(3) By any person to enforce the
terms of a financial assurance mecha-
nism.
Local government shall have the
meaning given this term by applicable
1001
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