November 8, 1985
EPA 510-Z-92-801
Part VI

Protection Agency
40 CFR Part 280
Notification Requirements for Owners of
Underground Storage Tanks; Final Rule

46602     Federal Register / Vol. 50. No. 217 / Friday. November 8. 1985 / Rules and Regulations

40 CFR Part 280         ,

IOSW-FHL291WI1        '

Notification Requirements for Owners
of Underground Storage Tanks

* AOEKCY: Environmental Protection
Agency.                 .
ACTION; Final rule.  •         	

SUMMARY: Today the Environmental-
Protection Agency (EPA) is publishing a
'notification form to be used by owners
 of underground storage tanks that store
 or haye stored petroleum or hazardous
 substances. Under section 9002 of the
 Resource Conservation and Recovery
 Act (RCRA). as amended, these owners
 are required to notify designated State
 or local agencies of the existence of
 their tanks. In publishing this form. EPA
 is fulfilling its obligation under section
 9002(b) to prescribe the form of notice
 and  the information it must contain. On
 May 28,1985, EPA proposed two •
 notification forms in the Federal
 Register (50 FR 21772-21781). In
 addition, the Agency noticed the
 availability of a revised form on August
 30,1985 in the Federal Register (50 FR
 35261). .Today's rulemaking reflects
 eeveral modifications made to the
 proposed forms as well as the revised
 form in response to comments received.
 The form publiuhed today must be used
 by all owners subject to the section 9002
 notification provisions unless the State
 in which the tank is located requires use
  of its own form or forms and such
  form(s) meet the requirements of section
  DATE: Final rule effective November 8,
  ADDRESS: The public docket for this
  final rule [Docket No. 9002] is located in
  Room S-212. U.S. Environmental
  Protection Agency. 401M Street. SW.,
  Washington. B.C. 20460. and is available
  for viewing from 9:00 a.m. to 4:00 p.m.,
  Monday through Friday, excluding
  holidays. This docket contains, among
  other material, the economic analyses,
  background documents, and comments
  discussed in this preamble.  '   .
  The RCRA/Superfund Hotline at (800)
  424^9348 (toll freej'or (202) 382-3000 in
  Washington. D.C.; or Virginia
   Cummings. Office of Solid Waste  (WH-
  565A), U.S. Environmental Protection
   Agency. Washington, D.C. 20460. (202)
   ' For information on implementation of
   thls:rulemaking, contact the EPA  .
   regional office below:      ; •
Region I,   >               -'
William Torrey. Waste Management
  Division. 150 Causeway Street. Room 701-
  709. Boston. Massachusetts-02223. (617)
  223-6883 '

Region II              '
TomTaccone. Program Support Section. Solid
  Waste Branch. 26 Federal Plaza. New York.
  New York 10278. (212) 264-0504

Region III           .
Dennis Carney. Hazardous Waste
  Management Division. 841 Chestnut Street..
  Philadelphia. Pennsylvania 19107. (215)
  597^3182   .

Region IV
Mike Williams. Waste Management Division.
  345 Courtland Street. N.E.. Atlanta. Georgia
  30305. (404) 881-3633

Region V      . •
Gerald Phillips. Waste Management Division.
  230 South Dearborn Street. Chicago. Illinois
  60604. (312) 335-6159

Region VI              .
Faye Sandberg, Hazardous Materials Branch.
  1201 Elm Street. Dallas. Texas 75270, (214)
 . 767-2941    ,              .       •

Region VII
Chest Mclaughlin. RCRA Branch. 726
  Minnesota Avenue, Kansas City. Kansas
  68101, (913) 236-2852        •

 Region VIII
 C.Jay Silvemale. LUST Coordinator. 99918th
  Street. Suite 1300. Denver. Colorado 80202.

 Region IX
 Eve Levin. RCRA Program Section. 215.
   Fremont Street. San Francisco. California
   94105. (415) 974-8169

 Region X         '       •
 Joan Cabreza, Waste Management Branch.
   RCRA Program Development Section. 1200
   6th Avenue. Seattle. Washington 98101.

  I. Authority
   These regulations are issued under the
  authority of sections 9001.9002. and
  9008 of the Resource Conservation and
  Recovery Act (RCRA) of 1976. aa
  amended (42 U.S.C. 6991.6992. and
  6996).                        '    "

  II. Background

  A. The Statutory Framework

    On November 8,1984. President  .
  Reagan signed the Hazardous and Solid
  Waste Amendments of 1984. These
  Amendments extend and strengthen the
  provisions of thejtesources
  Conservation an'3 Recovery Act (RCRA)
  of 1978, the Federal law protection
  human health and the environment from
  improper waste management practices.
  One of the new RCRA provisions.
Subtitle I. initiates a program to control
hazards created by underground storage  '-
tanks. The Subtitle I program regulates
underground tanks that store petroleum
and substances defined as hazardous
under section 101(14) of the
Comprehensive Environmental
Response. Compensation, and Liability
Act (CERCLA) (except substances
regulated as hazardous wastes under
Subtitle C of RCRA).
   Underground storage tank is defined
in section 9001(1) of Subtitle I as "any
one or combination of tanks (including
underground pipes connected thereto)
which is used to contain an
. accumulation of regulated substances.
 and the volume of which (including the
 volume of the underground pipes
 connected thereto) is 10 percent or more
 beneath the .suf face of the ground."
   Section 9001(1) excludes the following
 from the definition of underground
 storage tank:1
   (1) Farm or residential tanks of 1.100
 gallons or less capacity.used for storing
 motor fuel for noncommercial" purposes:
   (2) Tanks used for storing heating oil
 for consumptive use on the premises
 where stored;
   (3) Septic tanks;
'   (4) Pipeline facilities (including
 gathering lines) regulated under (a) the
 Natural Gas Pipeline Safety Act of 1968.
 (b) the Hazardous Liquid Pipeline Safety-
 Act of 1979, or (c) which is an intrastate
 pipeline facility regulated under State
 laws comparable to the provisions of
 law referred to in (a) and (b) above:
    (5) Surface impoundments, pits.
 ponds, or lagoons:
    (6) Storm water or wastewater
  collection systems;
    (7) Flow-through process tanks:
    (8) Liquid traps or associated
  gathering lines directly related to oil or
  gas production and gathering operations:
    (9) Storage tanks situated in an
  underground area (such as a basement.
  cellar, mineworking. drift, shaft, or
  tunnel) if the tank is situated upon or
  above the.surface of the floor.
    Subtitle I was developed by Congress
  in response to a growing number of
  groundwater contamination incidents
  caused by substances leaking from
  underground storage tanks. To assist
  States in locating and evaluating such
   tanks. Congress required in section 9002
   of Subtitle I that owners of underground
   storage tanks notify designated State or
   local agencies of the existence of their
   tanks. As a means of enforcing the
    1 The term underground storage lank dons not
   include any pipes connected to any of thc.tanks
   descrihod in the exclusions.

            Federal Register / Vol. 50. No. 217 / Friday.  November 8. 1985 / Rules and Regulations     46603
 notification requirements for owners of
 such tanks. Congress authorized the
 assessment of civil penalties against any
 owner who.knowingly fails to notify or
 who submits false information regarding
 any tank for which notification is

 B. The Notification Requirements
   Section 9002 requires owners of
 underground storage tanks used to store
 or dispense regulated substances on or,
 after November 8,1984. to notify by May
 8. 1986, and provide information on the
 age, size. type, location, and use of each
 tank.* Owners who bring underground
 storage tanks into use after May 8.1986,
^must notify within 30 days of bringing
 the tank into use and provide
 information on the age. size, type,
 location..and use of such tanks.
   Section 9002 also imposes
 requirements on owners of underground
 storage tanks which were taken out of
 operation after January 1,1974. but
 remain in the ground. Owners of these
 tanks must notify by May 8.1986, and
 provide information to the extent known
 on the date the tank was taken out of
 operation: the size, type, and location of
 the tank; and the type and quantity of
 substances left stored in the tank on the
 date it was taken out-of operation.
   With respect to tanks in use on or
 after November 8,1984. the term
 "owner" is defined in the statute as
 "uny person who owns an underground
 storage tank." Thus, for any tank used to
 store or dispense regulated substances
 after November 8,1984, the "owner".is
 the current owner.
   With respect to tanks permanently
 taken out of operation before November •
 8.1984. the statute defines "owner" as
 any person who owned the tank
 "immediately before discontinuation of
 its use." Thus for tanks taken out of
 operation between January 1,1974 and
 November 8,1984. the person obligated
 to provide notification concerning the
 tank is the person who last owned  the
 tank before it was taken out of use.
   To ensure that owners of underground
 storage tanks are informed of their
 responsibility to notify. Congress also
 imposed certain obligations on persons
 who deposit regulated substances in
 tanks and on tank sellers. From
 December 9.1985 through May 9,1987
 anyone depositing regulated substances
 in an underground storage tank must
 notify the owner or operator of such
 tanks of the owner's notification
 responsibilities. Beginning 30 days  after
 EPA issues new tank performance
   3 No notification in required for tanks taken out of
 the ground prior to May B. 1986 or for tanks taken
 out of operation on or before January 1.1974.
standards under section 9003(e), any
person who sells a tank intended to be
used as an underground storage tank
must inform the purchaser of the tank of
the owner's notification requirements.
  Section 9002 requires EPA. in
consultation with State and local
officials and after notice and  .
opportunity for public comment, to
prescribe the form of the notice and the
information it must contain. Section 9002
requires that designated State or local
agencies, not EPA, receive the
notification. EPA has provided 
 46604 '    Federal Register / Vol. 50. No. 217 /'Friday. November 8. 1985  /  Rules and Regulations
 and expensive duplication of effort for
 both the State and the tank owner
 subject to its reporting requirements. In
 those States where data collection that
 accords with the requirements of section
 9002 has already taken place, therefore.
 EPA believes that notification under
 these State registration programs should
 be accepted as compliance with section
 9002. Thus. EPA is not requiring States
* to use  the Federal form if the State
 provides a form that meets the statutory
 requirements of section 9002.
   In response to the argument made by
 commenters for mandating use of the
 Federal form with a State addendum.
 EPA does not believe that this action
 would significantly reduce the burden to
 tank owners. The regulated community
 may need to provide as much.   •
 information in an addendum as would
 be required by a State,form.
   In light of the burden on owners
 subject to reporting in more than one
 State,  the Agency is encouraging States .
 to use the EPA form. EPA has tried to
 produce a form that States will want to
 use. one that is simple and
 straightforward, yet meets the
 requirements of section 9002. We have
 Worked closely with many States in
 developing the form and  have
 communicated to them that the objective
 of the present notification program is to
 obtain basic and accurate information
 quicky while avoiding imposition of
  excessive burdens or unproductive
  requirements on the regulated
  community. In addition, we notified the
  public of the availability of a new form
  in the Federal Register on August 30 (50
  FR 35261) and invited comments on it.
  The present form reflects those
  comments on both the May and August
    2. Additional information to be
  provided by tank owners.   „
    In the preamble to the proposed rule
  (50 FR 21774. May 28,1985). the Agency
  indicated that it had rejected the option
  of requiring more information from tank
  owners than is expressly required under
  section 9002. EPA expressed its belief
 , that inclusion of additional information
  requirements across the board, in all
  States, would involve increased time
  and costs to the regulated community
  and to the State or local agency
  processing the information. EPA noted
  that if a State prefers to request more
  information, it can provide an
  addendum to the EPA form to suit its
  needs or develop its own form.
    The Agency solicited  comment from
   the States in the proposal on the
   applicability of the proposed forms to
   their needs. At that time. EPA also
  requested comment from the members of
the public who would be required to use •
the form.
  Commenters representing six States   •
believed EPA should require additional
information. Many State commenters
stated that EPA should require a
description of any leaks or spills that
have occurred at the facility. Other
commenters! said the notification forms
should contain information on the
installation status (i.e.. whether the tank
was installed under industry approved
methods) and on methods or equipment
used for leak detection or prevention.
  Nearly all of the commenters who
opposed additional information
requirements were members of the
regulated community. Many of these
commenters recommended that EPA
resist all attempts to expand and further
complicate the notification form to
include additional information not
specifically required by section 9002.
They argued that additional information
requirements would increase the cost
and complexity of implementation.
   In response to EPA's suggestion that
States could "piggy back" additional
State information requirements to the
Federal form, only one industry •
representative expressly disapproved.
That commenter felt that EPA should
discourage States from providing an
addendum to the Federal form on the
grounds that the initial notification
 should not attempt to address all the
 questions that may arise concerning
 underground storage tanks. Several
 other commenters said that States that
 perceive gaps in the section 9002
 notification program or  that require
 additional information for their  -
 particular tank programs should us'e
 section 9004 ("Approval of State
 programs") rather than 9002 to obtain
 that  data.
   The Agency believes  that the latter
 commented's reference to section 9004 in
 this matter is inappropriate. Section 9004
 provides for the approval by EPA of
 State underground storage tank
 programs that meet minimum Federal
 requirements. It requires that States
 seeking approval have a notification
 program that accords with the
 requirements of section 9002. but it does
 not provide States  authority apart from
 section 9002 to collect information for
 notification purposes.
   After careful consideration of the
 other comments and concerns described
 above, EPA has decided to promulgate a
 form that will limit the  information
 required in the notification form to those
 matters specifically mentioned, in
 section 9002. The Agency based this
 decision on a number of factors. First.
 the  Agency believes that the purpose of
  the  notification program is to collect
information that could be used to
develop a preliminary tank inventory.
To add more detailed reporting
requirements would convert the
relatively modest notification obligation
contemplated by Congress into a major
undertaking. The Agency believes there
will be ample opportunity later for the
States and tank owners to consider
what additional information might be
necessary for the administration of
ongoing State programs.
  .Second, the Agency also recognizes
that requiring additional information
will escalate costs because such
additional information may often be
difficult to obtain. Even if one assumes
that additional information can be      -
obtained, the Agency questions the
value of such information for this
notification program. For example. leak
detection systems and methods of tank
gauging are frequently changed. Thus.
such information could soon be outdated
or be in need of continuous revision.
  In some areas, however, the Agency
found it necessary to request additional
information. The first area is piping.
Although piping is included in the legal
definition of underground storage tank
contained in section 9001(1). EPA did  •
not differentiate the parts of the tank
 system in the proposed forms. Several
 State commenters expressed concern
 that the proposed form appears to
 exclude piping, a significant oversight
 because piping is part of the tank
 definition and leaks from piping have
 been identified as a significant source of
 release incidents. We now include
 information requirements on the piping
 portion of the tank separately on the
 notification form.
   The second area for which additional
 information is required on the final form
 is  closure. For purposes of clarification.
 a box was added for owners to indicate
 if the tank was filled with an inert solid
 material. EPA believes this information
 can be useful to agencies in determining
 which of the tanks no longer will require
 follow-up action.
    The third area concerns the addition
 of a box under "type of notification"
 where owners can indicate whether the
 notification is an original submission or
 an amendment to a previous submission.
 It should be noted, however, that the
 submission of this'information will be
 optional on the form and that owners
 are not required to amend or update
 their registrations under the Federal
 law. Nevertheless, owners may be
 required to update the forms under State
 law. Thus, the addition of these boxes
 will be useful in those States.
    3. Clarification of certain definitions.

           Federal Register / Vol. 50. No. 217 / Friday. November 8. 1985 /  Rules and Regulations     46GO5
  EPA received many comments
requesting clarification of several
statutory definitions that were found in
the proposed rule.
  (a) Owner. One definition several
commenters found unclear was the term
"owners." Under the statute an owner is
defined as: "(a) in the case of an
underground storage tank in use on the
date of enactment of the Hazardous and
Solid Waste Amendments of 1984; or
brought into use after that date.. a.ny
person who owns an underground
storage tank used for the storage, use, or
dispensing of regulated substances: and.
(b) in the case of any underground
storage tank in use before the date of
enactment of the Act. but no longer in
use on the date of enactment, owner
means any person who owned such tank
immediately before the discontinuation
of its use."
  A number of commenters found this
definition confusing. With respect to
tanks'taken out of operation by former
owners, one commenter stated that,
because the term "owner" may include
former owners, if the tanks were taken
out of service between January 1.1974 '
and November 8.1984. it may be
extremely difficult for such owners to
know  or determine whether their tanks
will be placed back into use by
subsequent owners. Another commenter
stated that, unless a former owner of a
nonoperationa! tank is aware of the
requirements, he will probably assume
that the current tank owner or
 landowner where the tank is-located is
 the owner for purposes of notification.
 One commenter recommended that the
 definition of tank owner be reworded to
 make the current owner of the facility
 responsible for notification.
   With respect to tanks of current
 owners, several comenters pointed out
 that ownership questions may be
 difficult to resolve because tanks have
 been purchased, installed, and
 transferred under many kinds of
 arrangements, including partnerships.
 executory interests, and trusts. In some
 instances  tanks may have been installed
 under sale and lease-back
 arrangements, or a bank may have
 taken title as a security interest for a
 purchase money loan. One commenter
 said that because tank owners were
 often not required to keep
 documentation concerning the sale or
 transfer of their tanks, such
 documentation in many cases had been
 lost or destroyed.
    Several other commenters suggested
 that with respect to current owners the
 following approaches be considered.
 only  where ownership may be disputed
" or is  uncertain: (ij presume that the
 person in direct control of the real
 property and facilities is the owner  of
 the tank unless he ascertains that
another entity accepts ownership and
will file the notification form; (2)
presume that a person is not an owner
of the tank if he cannot, through
reasonable efforts, confirm the sale or
transfer of such tanks, and is not the
owner of the real estate where the tank
is located, and has not received notice
pursuant to the depositor notice
requirement.           .
   Another commenter suggested that
with respect to all tanks. EPA could
indicate that any person with an interest •
in a tank could submit the required
notification without admitting
   EPA has carefully considered these
suggestions of the commenters. While
EPA cannot revise the definition
contained in the statute, the Agency will
attempt to clarify its meaning by
providing the Agency's interpretation of
what tanks EPA considers to be "no
longer in use" prior to November 8.1984,
for which notice must be provided by
former owners discontinuing their use,
and what tanks it considers to be "in
use" on or after November 8,1984. for
which notification must be provided by
current owners.
   With regard to a tank no longer in use
on November 8.1984. for which
 notification must be provided by the
 owner who discontinued its use. EPA
 believes that such an owner should
 notify if the owner knows or has reason
 to believe the tank was permanently
 taken out of use for storing regulated
 substances. Indications that a tank is
 permanently out of use are: (a) If it is
 filled  with inert solid material or
 otherwise rendered unusable, or (b) if -
 there  is reason to believe that it will not
 be used in the future (e.g., the owner
 abandoned the tank, intakes and vents
 are paved over, access piping is
 disconnected or removed, or  the tank
 was sold to a person who had no use for
 the tank, such as a residential real
 estate developer).
    With regard to tanks in use on or after
 November 8.1984. notification must be
 provided by the tank's current owner. If
 the tank was in operation on November
 8.1984. the current owner is responsible
 to provide notification under the statute
 even  if the tank was permanently taken
 out of use after November 8,1984, and
 even  if the current owner was not the
 pe'rsdn who took the tank out of use. For
 example, if a tank was in use on
 November 8.1984, but was taken out of
 use before it was sold to a new owner
  the following month, the new owner has
 the responsibility to notify even though
  the new  owner had never used the tank
  to store regulated substances.
    The Agency has presented these
  interpretations in an effort to minimize
'  confusion concerning the notification
requirements for tanks taken out of
operation. With res°pect to tanks for
which ownership is unclear because of
uncertain title, however, EPA has
determined not to adopt presumptions
suggested by commenters. The Agency
believes these presumptions may define
ownership in a manner that is not
consjstent with the statutory definition
of owner. The Agency recognizes the
need for further guidance with respect to
the definitioa of "owner." but  believes
that such guidance cannot be given until:
the Agency-has had an opportunity to.
consider its implications. EPA will     ;.
address these issues in a later
rulemaking or guidance.
   Recognizing that there may be
confusion concerning ownership
interests and wishing to encourage
notification for all tanks, the Agency has,
decided to modify the notification form
to allow persons other than the "owner" •
to notify. By permitting persons other
than the owner to notify, however, thn
Agency realizes that some double
reporting may occur, but such reporting
would likely provide States with a more
complete inventory of underground  •
 storage tanks. Because of this
 modification to the form. EPA believes it
 is unnecessary to adopt commenters'
 suggestions for establishing ownership
 by using presumptions.
   (b) Depositors. The Agency also
 received comments requesting
 clarification of who is a "person who
 deposits regulated substances" Into a
 tank for purposes of Section 9002(a)(4)."
 In the proposed rule, EPA indicated that
 depositors could  include operators.
 distributors, and  transporters. Several
 commenters recommended that a
' "person who deposits" should be
 defined as an entity whose employees or
 agents physically transfer regulated
 substances into an underground storage
 tank. Under this definition, the
 transporter would be the most likely
 person to give notice. Commenters did
 not clarify to whom notice should be
 given (e.g.. hourly worker at facility.
 supplier, facility office).
   Another commenter suggested that the
 refiner or marketer, not the common
 carrier or trucker, should be responsible
 for giving notice to the tank owner. The
 commenter argued that the refiner or
 marketer has already been given that
 responsibility under the FTC octane
 rules as well as the Department of
 Energy's price rules.
    EPA believes that the purpose of this
 provision is to provide a source pf
. information via normal commercial.
 relationships for tank owners
 concerning their responsibility to notify.
 Thus, EPA has concluded that the
 burden for informing owners should be

 46606     Federal Register /  Vol. 50, No. 217  / Friday. November 8. 1985 / Rules and Regulations
 on Ihe party last selling the regulated
 substances (i.e.. the person who conveys
 title in the substances to the owner)
 prior to its being placed in the tank, and
 not necessarily the entity who
 physically deposits the substance in the
' tank-The Agency believes that.
 enforceability of the requirements for
 depositors would be otherwise difficult.
 For these reasons, the Agency
 encourages those who sell regulated
 substances to outline the notification
 requirements on the shipping papers or
 on the invoice that accompanies the
 sale. EPA also acknowledges, however,
 that there are other acceptable methods.
 for depositors of regulated substances to
 fulfill their statutory duty to provide
 reasonable notification to owners or
 operators. These methods arc addressed
 in more detail elsewhere in this Section.
    (c) Seller. Several commenters
 requested that EPA clarify who is "a
 person who sells a tank intended to be
 used as an underground storage tank."
 The Agency believes that the tank seller.
 in the context of the notification
 requirements, is the last person in the
 marketing distribution chain. It should
 be noted that the notification
 requirements apply'to sellers of second-
 .hand tanks as well as new tanks.
    (d) Underground storage tank. The
  Agency received many comments
  requesting clarification on the statutory
  definition of underground storage tank.
  Several commenters suggested that the
  Agency provide guidance on what is a
  "tank" and what is "connected piping."
  Other commenters requested EPA to .
  clarify its intent regarding the following
  exclusions for tanks: tanks situated in
  an underground area; liquid traps; flow-
  through process tanks: pits; and tanks
  used for storing heating oil for
  consumptive use on the premises where
  stored. Several commenters suggested
  EPA consider a de minimus exemption
  for small storage tanks.
    The Agency recognizes the need for
  guidance on the term? discussed above.
  The inclusion of such definitions in the
  final rulemaking would require proposal,
  solicitation of comments, and in-depth
  consideration of the implications of each
  definition with regard to future
  rulemakings under Subtitle I. Because
  the Agency needs time to study the
  exclusions before it defines these terms,
  however. EPA has chosen to define such
  terms when it promulgates technical
   standards in 1987. The Agency is aware
   that some tanks may eventually not
   qualify as underground storage tanks
   regulated under Subtitle I when the
   definitions are refined. In the meantime.
   owners are advised that, until these
   issues are clarified, the failure to notify
will be at their own risk. EPA does not
regard the submission of this   '
notification as an admission of
ownership for the purpose of this    .
program or for any future regulatory
program under Subtitle I. Likewise.
failure to notify does not relieve an
owner of obligations that are imposed
under the statute or under future
   4. Notification responsibilities for
sellers of tanks "and depositors of
regulated substances.
   In the preamble to the proposed rule.
EPA suggested several methods by
which a tank seller or depositor of
regulated substances could inform the
owner, operator, or purchaser of an
 underground storage tank of the owner's
 notification responsibilities. These
 methods included leaving a copy of the
 EPA notification form with the owner or
 operator, printing the notification
 requirements on the shipping papers, or
 providing a description of the
 notification requirements On the invoice.
 The Agency solicited comment from
 persons who  deposit regulated
 substances into tanks and tank sellers •
 on the kind of guidance that would be
 helpful to them in communicating the
 notification requirements to the
 appropriate persons.
    Many commenters agreed with the
 methods recommended by the Agency
 and felt that it is essential that persons
 who deposit regulated substances and
 tank sellers be given the flexibility to
 decide how their responsibilities might
 best be carried out. One commenter also
 suggested that notification could be in
" the form of.mailing certified letters to
 the owners or operators advising them
 of the notification requirements. Other
 commenters  requested that EPA provide
 standardized wording for use with
 delivery tickets or invoices and
 recommended this language be included
  in an appendix to the final rule.
    Several commenters requested
  clarification on whether a depositor
  must inform an owner or operator each
  time product is deliverd during the 18-
  month notification period or whether a
  one-time notification complies with the
  requirements of Section 9002. Other
  commenters pointed out that there is no
  guarantee that operators who receive
  notices from depositors will pass that
  information on to the owner. They
  suggested that EPA require an operator
  who is served notice by the supplier or
  tank seller to submit such notice to the
  owner within a specified amount of
   time,  •
    The Agency would like to reiterate its
   belief that there are a number of
   acceptable methods that depositors
could use to notify the" tank owner or
operator of the owner's notification
responsibility, including mailing of "a
certified letter to owners or operators.   .
  EPA also believes there should be a
number of acceptable methods available
to a tank seller to fulfill his
responsibility to inform the tank
purchaser of the owner's notification -
obligations. Thus, EPA does not'intend
to use this rule to prescribe, restrict, or
prohibit any particular method.
   In response to the comment that
standard language be used by
'depositors and sellers in notifying
owners, EPA agrees that unless EPA
recommends such language, there may
be inaccuracies or deficiencies in the
notice provided. Accordingly. Appendix
III sets forth suggested language to be
used for a one-time notification letter
 and for a statement on shipping tickets
 and invoices.
   In response to the comment requesting
 clarification on the adequacy of a one-
 time notice by depositors, EPA believes
 that notifying an owner or operator once
 during the 18-month period is sufficient.
   The Agency has considered the issue
 of forwarding the advisory notice from
 the operator to the owner. EPA has
 determined, however, that it does not
 have the authority under section 9002 to
 impose such a requirement on operators.
    5. Implementation of the notification
    The Agency received many comments
 on EPA's intended use of the existing
 toll-free RCRA/Superfund Hotline to
 assist tank owners in completing the
 notification form. Several commenters
 were concerned that, in view of the
 large number of newly regulated small
 businesses, the Agency would receive
 many questions. This additional burden
 could overload the existing hotline,
 rendering it ineffective. To rectify this
 situation, a number of commenters
 suggested a separate hotline for the UST
 program. They stated that if a toll free
 telephone number were used, it should
 be a number separate from the existing
 RCRA/Superfund Hotline.
    The Agency has evaluated the need
 for a separate hotline  and has
  determined that it will augment the
  resources for the existing hotline rather
  than create a separate service. EPA
  believes that (this decision is appropriate
  given that State agencies will be the
  primary points of contact concerning the
  notification requirements and form for
  owners of underground storage tanks.

  C. The Notification Form
    The majority of commenters endorsed
  EPA's decision .to adopt a simple
  notification form that is limited to the

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           Federal Register  /  Vol. 50, No. 217 / Friday/November 8, 1985 / Rules and Kegufationa     466O7
information repaired by the 1984 RCRA
Amendments. Many commenters stated
that the form is straightforward and can
be easily completed. Others
recommended that EPA adopt the
proposed forms but with minor
modifications and additions.
  Hie following paragraphs discuss the
comments EPA received on the
proposed forms and the Agency's
response to these comments.
  1. General Instructions.   .
  EPA received a number of comments
concerning the general instructions for
the proposed forms. Many of these
comments were editorial. Others
concerned the definitions ol    ,  •
"underground storage tank" and
"owner." One commenter believed that
the statutory language to define these
terms may be too technical for small
entities to understand. The Agency has
already responded to comments
concerning definitions in Section
III(A)(3) of this preamble.
  Several commenters recommended
that the instructions on the forms should
indicate that owners are not expected to
expend extensive time and resources to
retrieve the necessary data.
  Congress provided in Section 9002
that owners of tanks taken out of
service submit information "to the
extent known" rather than require
owners of tanks taken out of service to
expend extensive time and resources to
retrieve the necessary data (e.g.. going
beyond available documents  and
contacting previous owners to determine
the age of tanks, construction materials,
etc.}. Congress made no such provision,
however, for current owners of tanks.
Thus, current owners of underground
storage tanks in use or that will be
brought into use in the future are
expected to take any available  steps to
provide the necessary information about
their tanks. In recognition, however, that
there may be situations where ft is
impossible for current owners to obtain
all the necessary data to complete the
form, the Agency has provided owners
the option of indicating "unknown" as
an answer. In a situation where no
actual record exists, an owner may
provide a response based on reasonable
estimates, rather than indicate  the
answer is unknown.
   One commenter stated that the
instructions for the out-of-service tanks
are not acceptable. The commenter
suggested that the Agency clarify;
whether alt the information requested is
 to be accurate as of the time  the tank
 was taken out of service, or whether
 some of the information is to be current
 as of the date of notification. For
 example, is the name of the facility to be
 xvhat it was at the time the tank was
 taken out of service {Jones Service-
 Station) or what it is now {perhaps a
 parking lot)?     ^        ;  ^
   Because the primary purpose of the
 notification program is to assist States
 in determining where underground
 storage tanks are located and what
 regulated substances they contain, EPA
 believes that infonnaton on both the
 previous and current owners should be
 noted in this situation. Providing only
 the name of the owner at the time the
 tank was taken out of service could be
 misleading as the above example
 suggests. Requiring information, on both
 previous and current owners provides a
 greater degree of certainty of knowing
 what'the tanks contained {or may still
 contain) and where they are located. In
 an effort to help States distinguish
 between current and former owners,
 EPA has provided boxes on the form to
 indicate whether the respondent is a
 "current" or "former" owner.
   Several commenters recommended
 that EPA reword the penalty statement
 in the instructions. Evidence of
 deliberate failure to notify or knowing
 submission of false information is the
 statutory standard, they stated, and the
 sentence should be modified to comply
 with the statute. EPA has adopted the
 language of the penalty statement as it
 appears in the statute. The additions
 suggested by the commenters would
 significantly change the meaning of the
 statute, and such alterations are not
 within the Agency's authority.
   2. Format.
   Many commenters suggested that EPA
 combine the two forms into one form.
. This would result in less paperwork for
 tank owners and serve to minimize
 confusion. It would also reduce the •
 printing costs and simplify
 administrative handling by the State
 agencies processing the information.
 The Agency agrees with the commenters
 and has combined the information
 requirements of the two proposed forms
 into a single, two-sided form.
    Other format changes suggested by
 commenters have been adopted and
 include: (1) Eliminating all Federal
 agency logos, names, and mailing
 addresses so that State or local logos
 and addresses can be inserted; (2)
 adding a space for total number of tanks
 being reported; and (3) reducing the
 number of lines for specific tanks. EPA
 also removed the preprinted tank
 numbers from the form in response to a
 comment Jhat photocopies of the form
 must be altered for facilities with more
 than eight tanks, and in response to the
 desire expressed by some comme'nters
 to use existing company tank
 identification numbers in lieu of
 prcassigned, sequential numbers.
  Several commenters requested that
EPA provide coding lists for materials of
construction, external'protection, and
substance stored to make the form more
amenable to a computerized data-
processing system. EPA has consulted
statisticians concerning this suggestion
and on the basis of their analyses, has
decided that the probability for error is
greater with coded responses than with
direct indication of choice.
  3. Specific Line Items.
  Name and Address of the Facility.
One State commenter requested that
EPA change the heading on the form
from "name and address ef the facility"
to "location of tanks." Accordingly, the
Agency has made this requested
modification for clarity. The Agency has
also modified the location address block
so that the owner may now provide the
name of the company site identifier as
an alternative to the facility name. The
owner is also required to provide the
street address (or. in rural areas, the
name or route number of the Slate road) •
as -well as the city where the tanks are
located. A number of commenters
requested that the Agency include a
space for county name and zip code so
that batch reports of tank facilities may
be printed. In response to this comment.
the Agency has included such
requirements on the final form.
  Several State commenters suggested
that tank location should be specified by
some universal locater system such as
township, range and section number,  .
universal transverse meridians, or
latitude and longitude. They suggested
that this requirement would be
particularly useful outside of
metropolitan areas. Another State
commenter suggested that facility
locations, particularly in rural areas,
should reference municipal tax maps.
They pointed out that the location of a
facility is often difficult to describe
because of the lack of street numbers
and names.
  EPA recognizes that sometimes street
addresses alone are not sufficient and
that inclusion of the information
suggested above could add considerable
precision to determining the location of
tanks. The Agency has decided not to
require such information, however,
because it would complicate the form
and would require' owners  to undertake
additional'effort by researching fax
records, deeds and mortgages. EPA
believes this additional effort is not
V Owner of Tank. Elsewhere in this
preamble tank ownership is discussed.
EPA recognizes that because of the
varied nature of ownership interests in
real property (particularly  for gasoline-

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46608      Federal Register / Vol.  50. No. 217 / Friday. .November 8. 1985 / Rules and Regulations
 marketing operations) there are many
 cases where tank ownership is
 uncertain. One commenter
 recommended that EPA change the
 heading in Item 3 on the proposed form
 to read "owner of tank and owner of
 property." The commenter pointed out
 that the property owner may not own
 the tank and may not be aware that the
 lessee has installed an underground
 storage tank on his property. These
 comments have prompted EPA to add a
 liox that can be checked in cases where
 ownership of the-tank is uncertain.
   Contact Person. In response to
 comments, EPA would like to clarify
 that the contact person for the facility is
 the person responsible for the day-to-
 day monitoring of the tank. The contact
 person may be the owner or the owner's
 authorized representative. In recognition
 that employees are more subject to  '
 change than are their job titles. EPA has
 modified  the form to include a space for
 the Job title of the contact persons. By so
 doing, inquiries can be directed to a
 particular position, even if the position
 is no longer held by the same individual.
   Type of Owner. EPA has revised Item
 S ("Type of Owner") to provide for
 identification of Slate or local
 government-owned tanks, federally-
 owned tanks, and privately-owned
 tanks. The form requires the owner to
 provide a federal facility General •
 Services Administration (GSA)
 identification number for Federal tanks,
 to assist Federal agencies that may want
 to ascertain the status of their tanks. In
 an effort to simplify the form.
 information concerning the "type of
 owner" is now included in Section 1,
 "Ownership of the Tanks."
   For State Use Only. One State
 commenter requested that EPA provide
 space on the notification form so that
' States may attach a form serial or
 accounting number identification. The
 Agency agrees and has changed the
 form accordingly to facilitate the
 identification of those owners who may
 file subsequent notifications and to
 facilitate automated data processing.
   Information on Tanks.—(a) Age. A
 number of commenters remarked that
 many owners do not know the age of
 their tanks. Accurate information on the
 age of tanks or when the tanks were last
 used may be even more difficult or
 impossible to obtain.  In consideration of
 these comments, the Agency now
 requests'owners to provide an estimate
 of the age of their tanks rather than'
 specifying the exact age of their tanks.
   (b) Material of Construction. In the
 proposal, EPA listed only steel and
 fiberglass reinforced plastic tanks for
 specific identification in the notification
 form. EPA has since determined that
 there may be tanks that are partially in-
 ground or above-ground that satisfy the
 underground storage tank definition. In
 addition, review of the comments
.indicates that some devices, such as
 sumps, which typically may not be
 considered tanks by the owner, may
 also meet the definition of underground
 tank contained in section 9001(1). Many
 of these devices are constructed of
 concrete. Thus, in the final notification
 form, EPA has added "concrete" to the
 list of tank construction materials. This
 addition does not necessarily mean that
 all sumps or concrete tanks are
 underground storage tanks. It will still
 be up to the owner to determine if he
 owns a tank that satisfies the statutory
 definition of "underground storage
 tank."                       '    .
   (c) Corrosion Protection. EPA
 received many comments concerning
 types of internal and external corrosion
 protection systems. On the proposed
 forms, owners are required to specify
 whether the tank is internally protected
 with a lining or whether it is unlined.
 One commenter requested that the
 Agency define the kinds of tank linings
 considered to be internal protection.
   Other commenters directed their
 remarks toward external protection
 systems. For example, several
 commenters requested that the term
 "coating" be clarified and defined. One
 commenter recommended that the
 Agency revise the instruction
 concerning this to indicate that all
 appropriate boxes should be checked.
 The commenter stated that it is common
 for a tank to be both coated and
 wrapped or have some form of cathodic
 protection plus a coating.
   EPA defines internal lining as any
 material that is applied over the inside
 surface of the tank. Many types of
 materials are used for this purpose, such
 as polyesters, epoxies. and ceramics. On
 the notification form, the Agency asks
 only that the owner indicate whether or
 not the tank is internally lined. The
 owner is not required to specify the type
 of lining.
   In regard to external protection
 systems, the term "coating" means any
 material that is applied over the outside
 surface of the tank. Types of coatings
 commonly used include asphalt, coal tar
 epoxy, and fiberglass reinforced plastic
 (FRP). On today's form, EPA requires
 the owner to indicate the kind  of
 external protection system used on the
 tank. The Agency has listed fiberglass
 reinforced plastic coating to the list of
 types of
 because it is one of the more common
 methods of corrosion  protection. Other
 coatings are generally supplemented
 with cathodic protection. EPA  has also
 modified the instruction concerning
 external protection so that the owner
 can now indicate whether the tank is
 equipped with more than one protection
   (d) Type of Substance Stored. On the
 proposed forms, owners are asked to
 identify which of two categories of
 substances the tank contains: CERCLA
 hazardous substances or petroleum. If
 the tank is storing petroleum, the owner
 is asked to indicate which type  (i.e.,
 gasoline, diesel, or kerosene). If the tank
 is storing a CERCLA hazardous
 substance, the owner had to provide the
• name of the hazardous substance or the
 Chemical Abstracts Service (CAS)
 registry number.
   Several commenters questioned the
 Agency's classification of petroleum
 substances. One commenter did not
 believe there is any need to distinguish
 between diesel and kerosene petroleum
 substances and suggested grouping
 these along with heating oil into a single
 category of distillates. Several   •
 commenters believed that the Agency
. should distinguish the types of gasoline
 stored in a tank (i.e., regular, unleaded,
 premium) because the type of gasoline is
 •related to the issue of product
 compatibility with tanks. One
 commenter also suggested that  the
 Agency expand the choices beyond
 those discussed above to include used
 oil, aviation gas, jet fuel, and gasohol.
   EPA has considered these comments
 and has decided not to combine
 petroleum substances into a single
 category of distillates because EPA
 believes the substances are sufficiently
 different to warrant obtaining
 information about them individually. On
 the other hand, the Agency has
 determined that it is not necessary to
 distinguish the types  of gasoline stored.
 Listing gasoline by type does not
 provide useful information concerning
 substance compatibility with tanks
 because different brands of the same
 type of gasoline can vary in formulation.
 Likewise, the Agency has allowed for
 the reporting of alcohol blends  with
 gasoline under the "gasoline" category.
 In an effort to keep the form simple, the
 Agency has restricted its list of type of
 petroleum substance stored to generic
   EPA has added "used oil" to  the list of
 choices because it is  one of the most
 commonly stored regulated substances.
 The Agency has determined that if used
 oil is eventually listed as a hazardous
 waste under Subtitle  C of RCRA. the
 Agency would have jurisdiction under
. both Subtitle C and-Subtitle I to regulate
 used oil. This position is based on the
 fact that the exclusion for hazardous

           Federal Register / Vol SIX No. 217 / Friday, November 8. 1905 / Rules and Regulations
 wastes under Subtitle I applies to
 CERCLA substances (Section
 9001(2XAU. It does not apply to
 petroleum substances that are identified
 in section, 900it2KB). The technical
 standards that will apply to used oil
 tanks will be promulgated in the future.
 In the meantime, notification under
 Subtitle I  is required for used oil and for
 any petroleum hazardous waste lhat is
 not currently regulated as a hazardous
 waste under Subtitle C of RCRA,
  Several commentets addressed the
 identification of CERCLA hazardous
 substances. In the preamble to the
 proposed rute. EPA suggested that
 owners contact the RCRA/Superfund
 Hotline at (800HZ4-9346 if they were
 unsure whether the chemicals stored in,
 their tanks were CERCLA hazardous
 substances. EPA also stated that the
 Agency could provide interested
.persons with a list of such substances
 upon request.*
  One commenter stated that in
 situations where a commercially
 available product (which contains
 CERCLA  hazardous substances) is being.
 stored in an underground storage tank.
 readily avaifabfe chemical identification
 information should suffice for
 identifying the "substance type" on the
 notification, such as- information from
 material safely data sheets required by
 the Otaupaftoffiit Safety and Health
 Administration. The Agency believes
 that the "regulator y synonyms"
 identified in.Tabfe 302:4 of the
 Keportable Quantity regulation (SO FR
 13475. 'April 9. T985) may be used in the
 notification form. The tree- of trade
 names, however,  may not be used since
 the exact1 chemical constituents of any
 particular product generafiy are not
 readily available* to the State or
   ft eooimenter who referred1 to> the tret
 of CEKCLA hazardous substances noted
 that i* contains both commercial
 chemicals and discarded cemmerefel
 chemical products. The commenter
 requested that EPA clarify, which el
 these -substance* weald be subject to
 the notification retirements.. Every
 substance or* the CERCLA b'st is a.
 regulatedsubstanee antes* it is a
 hazardous waste regulated under
 Subtitle C- This means some waste
 streams or* the CERCLA list are not
 regulated substances for the purposes of
 Subtitle L On ttoe other hand,.
 commercial products that- become
 Subtitle C hazardous wastes when.
 discardederwnen they ace intended to
 be discarded, Aceregntared substances
   'ThelisTtrf CflRCLA tiacanfeu* substances was
 publisned in IheFnfaat Bfcgbtcr m ftfnl 4,13BS
 ISO Fft 13S4«|
ttndor Subtitle I until they are discarded
or intended to be discarded as wastes.
  In the preamble to the proposed rule.
EPA solicited comment regarding what
is-the most appropriate indication of
stored CERCLA hazardous substance
when there is a mixture of chemicals in
one tank. The Agency proposed that the
owner radicate the substance of greatest
quantity in the mixture.
  The majority of ctmtmentere stated
that it i» sufficient to report onry the
major component present in the mixture.
They also stated that .because many
industry products are complex mixtures
corrtatnmg potentially large numbers of
hazardous substances, it would be
difficult and very expensive to list all
products stored. One State commenter
stated that his agency's ADP system
woufd not have the capability to incfude
information on more than one substance
pur tank.
  Several" commenters argued that all
substances should be identified so that
the potential environmental threat from
a tank could be determined. Other
commenters stated that, although listing'
all the substances in the mixture would
be an unnecessary burden. EPA's
proposal to list the substance of greatest
quantity would not accurately reflect the
tank's contents. One commenter
recommended that all major substances
present in volumes of 10 percent or
greater be identified'. Another
commenter stated that EPA should
provide a space fora product
description, the CERCLA substance of
greatest quantity.' and the concentration
of the substance.
  Other coinmenters stated that using
toxicity as one basis for notification is
inappropriate because the degree of
toxicity of a substance is unrelated to its
potential to leak from an underground
storage tank.  One commenter stated that
the Agency should not require tank
owners, to list the substance that is the
most toxic because few owners possess
the technical or scientific expertise to
evaluate the relative' toxkities of
materials in the mixture
  The Aguney has carefully considered
these comments and recognizes that.
while nwfe detailed information may be
needed to respond to an actual- tank
leak, this greater level of detail is
unnecuasaiyior development of a
general tank inventory, which is the *
primary objective of thia notification
effort. The data supplied under this
initial notification-effort should not be
viewed as the sole source of information
to be used for emergency responds.
Therefore, the notification form
continues to require me owner to
indicate only tbe CERCLA hazardous
 substance of greatest quantity in a
 mixture. Where a tank is used to store
 more than one substance during a year.
 the Agency requires that only the most
 typical use or use of greatest quantity
 during the year be identified on the
 notification form.
   Certification. In the instructions for
 the proposed notification form. EPA
 stated that the form must be signet! and
 certified by the owner or authorized
 representative of the facility. The
 Agency defined authorized
 representative as "a person responsible
 for the overall operation of the facility,
 as for example, a plant manager or
 superintendent, or a person of
 equivalent responsibility." A number of
 commenters disagreed with this
 definition, arguing that the certification
 should be restricted to an officer or
 other official representative of the
 owner, and not permit the signature by a
 mere employee.
   In response to these comments, EPA
 would like to clarify its definition of
 authorized representative: it is a person
 who is authorized by the owner to sign
 the notice.
   One commenter requested that, for
 companies with, many tanks, oc multiple
 locations, certification be allowed in a
 cover letter rather than on the
 notification form itself so thai the owner
 would not have to sign hundreds of
 certifications. In response to this
 comment* the Agency has modified the
 form to take into account locations with
 many funks-Thus, the certification
 statement and the signature tine have
. been moved te th* firal page of the form.
 Owners ace permitted to sign one form.
 if it is part ol a series of notification
 forms for several tanks at one location.
 We have rejected the cannnenter's
 suggestion, however, to permit
 certification- by cower letter for owners
 of tanks at more than one  location. To
 permit such-certification could result in
 separation of the certifications from the
 forma and present a problem- in. date
 management and storage of the forms.
   There may be- instances when the
 hotificr is not an owner or bis
 authorized representative but some
 other interested party. In such cases, the
 notifier should indicate this on the form
 by crassinf out the word- "wner"' under
 the certification and substftoting- the
   4. Additional data requests.
   Elsewhere in this preamble; the
 Agency discussed1 its rationale for
 limiting the information required hi the
 notification fsm* tolftefR items
 specified tn Section- 9802. As- we have
 explained earlier, i» response to
 comments EPA has sdStferf information

46610     Federal Register / Vol.  50. No. 217 / Friday.  November 8. 1985 / Rules and Regulations
requirements concerning tank closure
and piping.
  A number of commenters also
requested that EPA provide space for
the owner's identification of tanks (e.g..
number, code name, location). In
particular, one commenter stated that
for large facilities having several
buildings, nuch identifiers may be
critical as tanks containing the same
material may be located at more than
one building. As its response' to these
comments. EPA hait eliminated the
prenumbering found on the proposed
forms and has designated that space for
such identifiers.
  EPA received many comments.
Including alx from States, requesting
that the Agency provide for updating of
Information whenever significant
changes occur at the site. These changes
could include the installation or
replacement of tanks or piping.
permanent removal of a tank from
operation, and changes in the chemical
aubslancefs) being stored. Several
commenters stated the notification form
would be a much more effective
management and enforcement tool if the
owner were required to update a tank's
status as it changes.
  Other commenters believed that tank
notifications should be made on a one-
time-only basis because a  continual
notification system could he resource
intensive and yield little additional
'useful information.
  EPA recognizes that the accuracy of
theninderground storage tank data
compiled from the notifications
submitted under Section 9002 will not
remain current unless updated to
incorporate future changes, but believes
that Section 9002 does not provide EPA
authority to require owners to update
their notices in the future. To
compensate for this limitation, however.
EPA provided a place on the form to
Indicate whether the notification is an
initial or an amended report, so that
States that may opt to require updates of
the Information received in the original
notification can do so using EPA's form.
The addition of this block imposes no
additional Federal information
requirements on the tank owner.
D. Other Comments
  The Agency also received a number of
comments concerning the following
subjects: (1) Jurisdiction for the Subtitle
1 program, on Indian lands; and (2) EPA's
role in communicating the notification
requirements to the regulated
  Several commenters requested
clarification as to how EPA would
 handle notification of tanks located on
Indian lands. The Agency believes that
 Subtitle I does not provide States the
 authority to assert jurisdiction over
 underground storage tanks on Indian
 reservations or other lands held in trust .
 for Indian peoples. Some States may
 have such authority by treaty or an act
 of Congress other than Subtitle .1.
 Nevertheless. Section 9002 imposes a
 Federal requirement on all underground
 storage tank owners to provide
 notification to the State or local
 agencies designated under Section
 9002(b). This is an obligation under
 Federal law. not State-Taw, and  applies
 to Indians in the same way it applies to
 any other "person" who is an ownerof
 an underground storage tank.
 Accordingly. Indian tank owners must
 provide notification to the appropriate
 agencies listed in Appendix II. In States
 that do not have jurisdiction to assert
 State laws over Indian tribes or
 individual Indians, however. Indians
 cannot be required by such States to use
 State forms. In such States, Indians will
 be deemed to have complied with
 Section 9002 if they use the Federal  '
. form, but such form must be sent to the
 appropriate State or local agencies
 listed in Appendix II. The notification
 form has been amended to include a box
 that should be checked if a tank is
 located on Indian reservations or other
 trust lands. • <
   Other commenters requested  :
 clarification of EPA's role in the
 implementation of State notification
 programs. Two State commenters
 recommended that EPA conduct a
 national or regional advertising
 campaign to inform tank owners of their
 requirements  to notify. One of these
 States also said that EPA should assist
 States with regional mailings of general
 underground storage tank information to
 all permit holders.
   EPA plans to provide a notification
 handbook to the States to aid in
 implementing and informing tank
 owners of their notification programs.

 IV. The Final  Notification Form
   As was stated earlier in this
 preamble. Section 9002 was included in
 Subtitle I to provide States with some   '
 basic information about underground
 storage tanks within their jurisdictions.
 This information could be used  to
 establish State programs aimed at
 preventing, detecting, and correcting
 leaks from these, tanks. Owners are
 encouraged by EPA to maintain records
 of the data they submit to the
 designated State agencies.
   EPA attempted to produce a
 notification form that is easy to
 complete and that fulfills the
 requirements of Section 9002. The-
 format is designed to simplify the
completion of the form (i.e.. in most
cases, answers may be provided by
checking a box). The Agency has thus
attempted to minimize the burden upon  '
all tank owners, the majority of whom
own small businesses.

A. Information Included in the Farm

  Appendix I sets forth the form to be
used by owners of underground storage
tanks. The following paragraphs provide
details concerning the information
requirements of this form.
  The owner of an underground storage
tank must'give his name, address, and
phone number. The owner must also
provide information concerning a •
contact person: i.e., an individual who is
responsible to him for monitoring the
day-to-day operation of the tank. This
information should, include such persons
name, title, address, and phone number.
In addition, the owner is required to
provide information on the location of
his tank and the status of the tank.
(whether it is currently its use.
temporarily out of use. or permanently
out of use).
  .For underground storage tanks in use
or that are brought into use after May 8.
1988. EPA requires owners to estimate
the age of the tank and to indicate its
capacity in gallons.-With respect to the
type of tank, EPA has characterized type
to mean materials of construction and
internal and external corrosion
protection, if any. The owner is required
to indicate whether the tank is
constructed of steel, fiberglass
reinforced plastic, or concrete. If the
tank is not constructed of these
.materials, the owner is asked to specify
the material. Listed  in the form are
several types of corrosion protection
systems. The owner must specify the
kind of internal and external protection
system with which the tank is equipped.
The owner is also required to provide
information on piping.
   Concerning the use of the tank, the
owner must identify which of two
categories of substances the tank
contains: CERCLA hazardous
substances or petroleum. If the tank is
storing a hazardous substance, the
owner must provide the name of the
CERCLA chemical or the Chemical '
Abstracts Service (CAS) registry
number. When a mixture of several •
hazardous substances is stored in one
tank, the owner must specify the name
of the substance of greatest quantity. If
the tank is used to store different
hazardous substances at different times.
the owner must specify the name of the
substance typically  stored or stored in
greatest quantity during the year
immediately preceding the submission

           Federal Register / Vol.  50. No. 217 / Friday. November 8. 1985  / Rules and Regulations     46611
of the notice. If a tank is storing
petroleum, the owner is required to
indicate tiie type of petroleum that is
  For underground storage tanks taken
out of.use permanently after January 1,
1974 (but still in the ground), the owner
is required to provide the same
information as discussed above. In
.addition, the owner must estimate the
date of last use and the quantity of
substance remaining in the tank. The
owner must also indicate whether the   •
tank was filled-with inert material, such
as sand or concrete. If the tank is taken-
out of the ground prior to May 8.1986,
notification is not required.

B. Copies of the Form
  EPA is providing States with a
camera-ready copy of the notification
form. Owners of underground storage
tanks should contact the appropriate
designated State agency that is
implementing the notification program
to determine if the State has copies of
the form or is using its own State form.
(Appendix II provides a list of the
designated State agencies.)

V; Confidentiality Provisions
  EPA received several comments
concerning the confidentiality
provisions that were discussed in the
preamble to the proposed regulation.
Commenters were concerned that
confidentiality may not be adequately
protected in States that do not
effectively Implement the underground
storage tank regulations. Several
commenters recommended that EPA
strengthen the confidentially provisions
to provide assurance to the regulated
community that legitimate proprietary
information will be adequately
  Because the information reported in
the notification forms will be sent to a
designated State or local agency, not to
EPA. the information will not be subject
to Federal public .disclosure laws. The
Agency cannot, of course, interfere with
State confidentiality provisions. Owners
of underground storage tanks who seek
protection from disclosure should.
therefore, contact; the appropriate State
office for information on applicable
confidentiality provisions.
National Costs for the Notification
  EPA received a number of comments
on the Agency's estimated costs to  tank
owners to meet the notification
  Some commeniers disagreed with the
Agency's assumption that an average
facility was comprised of three tanks.
One representative of the chemical
industry stated that a more typical
facility would have ten to several
hundred tanks: another commenter
estimated that a utility company may
have as many as 600 tanks at one
facility. Commenters argued that
because the Agency has underestimated
the number of tanks at a facility, it has
significantly understated the costs of the
notification requirements. One
commenter stated that as a result of
underestimating the number of tanks at
large facilities, the costs to a large
facility could be underestimated by a
factor of ten to twenty. Should ihis be
the case, the commenter argued that the
regulations-would be classified as a
major rule.
  Although the Agency agrees that some
facilities do have more than three tanks
per facility (e.g., large  chemical
companies), the majority of facilities
with tanks used for petroleum (e.g.. gas
stations) and specialty chemical
products are unlikely to have more than
three tanks. The Agency believes 'that a
typical facility has three tanks. EPA
recognizes, of course, that for facilities
with a significantly larger number of
tanks, the costs could  be'
underestimated; the number of these
facilities is not great, however, and.
therefore, the total national costs of the
regulation will not increase significantly.
In addition, large facilities that have
computer capabilities  for monitoring the
contents of their tanks may be able.
through negotiations with States, to
substitute computer printouts for the
EPA or State notification forms. This
will reduce the cost to these facilities  .
both in data retrieval and in notification
  A number of commenters stated that
the Agency underestimated the average
time required per facility to complete the
notification from. Because tanks may be
used for mixtures of products or for
more than one product over a year.
identifying all the products included in
the tank would take more than 30
minutes per facility. Commenters stated
that for facilities with  tanks taken out of
service since 1974. it would take much
longer than 30 minutes to obtain the
necessary information, especially for
facilities that have been sold. If the
Agency required detailed information on
the internal lining of the tank and
external corrosion protection
(information similar to that required on
the California notification form), it could
take significantly longer than 30 minutes
to complete the from. Commenters'
estimates of the time required ranged
from 30 minutes to 2 hours per lark and
form several -hours to 8 hours per
facility.                 .       '
  In response to these comments, the
Agency points out that the final
notification form, as modified in
response to comments, should take less
time to fill out than the forms previously
proposed. First, the Agency is specifying
that the notification form include only
information on the most predominant
chemical constituent stored in the tank
over the past year. For tanks containing
mixtures, the form now includes a box
indicating that the tank contains a
mixture of regulated substances.
Owners, will-not, therefore, be required
to identify all the different constituents
in the tank. Secdnd. EPA ia not requiring
extensive information on the internal
and external characteristics of the tank
that could increase the amount of time
required to complete the form.
  EPA is requiring owners of tanks
taken out of service to provide the
information requested on the form only
"to the extent known." Thus, these
owners need not contact all previous
owners to obtain the notification
information. This is consistent with the
assumptions EPA used to estimate the
time required to complete the form and
tha.t the Agency presented in the
proposed rule.
  The Agency has assumed that an
owner of a facility that has three tanks
will require 30 minutes to complete the
notification form. This includes the time
necessary to read the instructions,
delegate responsibility for completing
the-forni, retrieve information, complete
the form, submit it for management
review, and to do the necessary clerical
work. It should  be possible for an owner.
of a large facility to supply the
information in about eight hours.
especially if the facility has computer
capabilities for  data retrieval.
  The Agency also received comments
challenging EPA's estimated hourly
salary rate. The commenters argued that
a person with considerable expertise
would be needed to complete the
notification form, especially if detailed
information on the tank's liner and
external materials were required; The
Agency disagrees-with this comment
because detailed technical information
is not requested on the form. Only
information that is readily available is
expected. Thus, the Agency continues to
maintain that the average estimate of
$15 per hour is a reasonable estimate.
  Finally, one commenter challenged the
Agency's assumption that notification
costs for product distributors would
range from $50 to $100. This commenter
argued that it would be significantly
morn expensive to account for the costs
of collecting State forms, printing, and
drivor training, eopecially if a distributor

 46612     Federal Register / Vol.'50. No. 217 /Friday. November a'1985  / Rules and Regulations
 has clients in many different States with
 different State forms.
   The preamble to the proposed rule
 stated that a depositor must "reasonably
 notify** the tank owner or operator of his
 notification obligations. Approaches
 that the Agency considers appropriate  .
 for notifying'the tank owner or operator
 include providing the tank owner with a
 copy of the notification form (or the
 required State form) or printing the
 notification requirements on the
 shipping papers that accompany the
* shipment or on the invoice itself or
 writing a one-time letter to the owners.
   The Agency estimated the notification
 costs of $50 for depositors and tank
 sellers. This assumes that the tank  .
 owner will need about two hours of
 managerial and clerical time to comply
 with the notification requirements. This
 translates into a combined hourly rate of
 S2S. including benefits and overhead.
 This cost is for preparing a cover letter
 and obtaining 'notification forms, or for
 preparing a standard notice that would
 be distributed at the time of
 transactions. The $100 estimate includes
 ;i follow-up letter after the initial
   In developing the costs for depositors,
 the Agency assumed that the distributor
 would choose the least-cost option;
 Therefore, a large distributor with
 clients in many different States would
 most likely choose to include the
 notification requirements on the
 shipping papers or invoices rather than
 collect and distribute notification forms
 fur each of the applicable States. Thus,
 the costs to the distributor would
 involve only the costs of printing the
 notice on the invoice".
   Although EPA continues to consider
 its per facility notification cost to be
 reasonable estimates, EPA has revised
 the population estimate in light of new
 information. The Agency has
 undertaken more thorough research of
 the facilities subject to the Subtitle I
 requirements in support of the technical
 standards that the Agency will be
 proposing. This research indicates that
 there is a maximum of 500,000 facilities
 that have petroleum tanks. The Agency
 expects chemical product tank facilities
 to compose no more than 20 percent of
 the total underground storage tank
 facility population. Therefore, the
 Agency is revising the underground
 storage tank population estimate from
 1.2 million facilities to about 600.000
 facilities. The Agency still assumes that
 HO percent of these facilities have three
 tanks apiece. The remaining 10 percent
 utv large facilities with 10 tanks apiece.
    EPA has concluded that the
 notification requirements do not impose
 it significant economic burden on
members of the affected population.
(See Sections VII and IX for additional
information on the economic impact of
this rule.)
VII. Compliance With Executive Order
  Executive Order 12291 [48 PR 13193,
February 9,1981] requires that a
regulatory agency determine whether a
new regulation will be "major" and, if
so, that a Regulatory Impact Analysis be
conducted. A major rule is defined as a
regulation that is likely to result in:
  (1) An annual effect of the economy of
$100 million or more;
  (2) A major increase in costs or prices
for consumers, individual industries,
Federal, State, and local Government
agencies, or geographic regions; or
  (3) Significant adverse effects on
competition, employment, investment,
productivity! innovation, or the ability of
Uni'ted States-based  enterprises to
compete with foreign-based enterprises
in domestic or export markets.
  Since today's rulemaking does not
•result in any of the above effects, it does
not meet the definition of a major
regulation. Accordingly, the Agency is
not conducting a Regulatory Impact
  This rulemaking has been submitted
to the Office of Management and Budget
(OMB) for review as required by
Executive Order 12291.

VIII. Paperwork Reduction Act
  Pursuant to section 3504(h) of the
Paperwork Reduction Act of 1980, the
reporting and recordkeeping provisions
of today's final rule been approved
by OMB and the approval number is
2050-0049. to comments by OMB and the
public regarding the  reporting and
recordkeeping provisions of the rule.
IX. Regulatory Flexibility Act
  The Regulatory Flexibility Act
requires that Federal agencies prepare
regulatory flexibility analyses assessing
 the impacts of proposed rules on entities'
 such as small businesses, small
 organizations, and small governmental
 jurisdictions. Such an analysis is not
 required, however, when the head of an
 agency certifies that a proposed rule will
 not have a significant economic impact
 on a substantial number of small
 entities.          • ' '   •
   EPA considers the information
 required by these rules to be the
 minimum necessary  to administer the  '
 notification program effectively.  Since
 most of the requested information is
 readily accessible, little time should be .
 needed to prepare the notification
 response. Any additional economic
 impact on the public resulting from
 implementation of this regulation is
 expected to be negligible since
 notification is required only once, and is"
 primarily an administrative procedure.'
 Accordingly, I certify that these
 proposed rules, if promulgated, would
 not have a significant impact on a
 substantial number of email entities.

 X. List of Subjects in 40 CFR Part 280
   Administrative practice and
 procedure, Underground storage tanks,
•Hazardous materials, Hazardous waste,  •
 Water pollution control, Confidential
 business information.
   Dated: November 5.1985.
 L*eM. Thonuc, ••
   For the reasons set out in the
 preamble. Title 40 of the Code of Federal
 Regulations. Part 280 is amended as


   (1) The authority cite for Part 280  .
 continues to read as  follows:
   Authority: 42 U.S.C. 5 S 6991.6992. and
   (2) Section 280.1 is amended by
 adding the following definitions in
 alphabetical order

 § 280.1  Definitions and Exemptions.
   "Operator" means any person in -
 control of, or having  responsibility for,
 the daily operation of the underground.
 storage tank.
   "Owner" means (a) in the case of ah
 underground storage tank in use on  .
 November 8,1984, or brought into use
 after that date, any person who owns an
 underground storage tank used for the
 storage, use, or dispensing of regulated
 substances, and (b) in the case of any
 underground storage tank in use before
 November 8,1984, but no longer in use
 on that date, any person who owned
 such tank immediately before
 discontinuation of its use.
   (3) Section 280.3 is added to read as
 follows:           •

 § 280.3  Notification requirements.
   (a) On or before May 8,1986, each
' owner of an underground storage tank
 currently in use must submit, in the form
 prescribed .in Appendix I of this section,
 a notice of the existence of such tank to
 the State or local agency or department
 designated in Appendix II of this section
 to receive such notice.
   . (b) On or before May 8,1980. each
 owner of an underground storage tank  •
 taken out of operation after January 1,
 1974 (unless the owner knows that such

           Federal Register / Vol. SO. No. 217 / Friday. November 8. 1985  /  Rules and Regulations     46613
tank has been removed from the ground)
must submit, in the form prescribed in .
Appendix 1 of this section, a notice of
the existence of such tank to the State or
local agency or department designated
in Appendix II of this section to receive
such notice.
  (c) Any owner who brings an
underground storage tank into use after
May 8.1988. must, within 30 days of
bringing such tank into use. submit, in
the form prescribed in  Appendix I of this
section, a notice of the existence of such
tank to the State or local agency or
department designated in Appendix II of •
this section to receive  such notice.
  (d) In States where State law,
regulations, or procedures require
owners to use forms that differ from
those set forth in Appendix I of this
section to fulfill the requirements  of this
section, the State forms may be
submitted in lieu of the forms set forth in
Appendix I of this section. If a State
requires that its form be used in lieu of
the form presented in this regulation, •
such form must meet the requirements of
Section 9002.    '
  (e) Owners required to submit notices
under paragraphs (a) through (c) of this
section must provide notices to the
appropriate agencies or departments
identified in Appendix II of this section
for each tank they own. Owners may
provide notice for several tanks using
one notification form, but owners who
own tanks located at more than one
place of operation must file a separate
notification form for each separate place
of operation.            •   •
  (f) Notices required to be submitted'
under paragraphs (a) through (c) of this
section must provide all of the
information indicated on the prescribed
form (or appropriate State form) for each
tank for which notice must be given.
  (g) Beginning on December 9,1985
through May 9,1987 any person who
 deposits regulated substances in an
 underground storage tank must make
 reasonable efforts to notify the owner or:
 operator of such tank of the owner's
 obligations under paragraphs (a) through
 (c) of this section.
   (h) Beginning 30 days after the
 Administrator issues new tank
 performance standards pursuant to
 RCRA section 9003(e), any person who
 sells a .tank intended to be used as an
 underground storage tank must notify
. the purchaser of such tank of the
 owner's notification obligations under
 paragraphs (a) through (c) of this
•  (i) Paragraphs (a) through (c) of this
 section do not apply to tanks for which
 notice was given pursuant to section
 103(c) of the Comprehensive
 Environmental Response,
 Compensation, and Liability Act of 1980.

Federal Register / Vol. 50, No. 217 /  P'riday, November 8.1985 / Rules and Regulations
                                                      APPENDIX  I  to   §280.3
    Notification for Underground  Storage Tanks
                                                                                                  OMB NO 2050-OO48
                                                                                                  APPROVAL EXPIRES 6-M-M
                                                                                                 ID. Number
                                                                                                                STATE USE ONLY
                                                                                                 Date Received
                                                            GENERAL INFORMATION
      NMifktHon b required by Federal hw fur ill underground tanks ttwt hove been
    used to More regulated MibvUncn ttnet Juiutry 1,1974, lhal Me in the (round a* at
    M») ». Htt. or thai are brought brto tne after Mi> I. Htt. Tbf Information requested
    hr^rtd by SecuV>nW2or the RejoureeConstnalionaiid Recovery AeMRCRAV
    •Minended.  •                                    .
      I he prinui} purpose ol iliK notification program is to lucatcand evaluate undcr-
    puvtinu tanks that store at have stored petroleum or  ha/ardous substances.[It is
    cipevuil that llx: inlotmation >,tu provide uill he based on reasonably available
    molds 01. in the absence ol.stich iccords. \out knowledge, bclicl. «-IKT means
      (UI in the CIM: ol an undcrpriHind sloiatic lank in use on November 8.19)14. or
    hiuujihl into u\c slier llut dale, ani pcrMin uho oHrtsan iimlcrpround slonigv lank
    UHtl loi the stiuagc. ux.1. or UispcnMiii: ol regulated MihvtaiKvs. and
      (b» in the ca« ol anj  underprourHl-storap; tank in ux; bclorc November H. NM.
    u>cd . poticidc.s. herbicides 01 tumigants
   ,  Whit T«nV» Art Eteludrd?  lanks removed I'rom the ground are not subject to
    n< >l ilKatuw. Other tanks excluded Iromnniincalionaic:
    l,tarm«>rroidcnlialunk>ol I. KKIgallonsorlevscapaeii) used loi storing motor luel
    lor nimcommcrcal purposes:
    2. tanksincdlorMoring healing oil toiconsiimptiveuse on lliepiemisesuherc stored.
                                                           4. pipeline lacilities (including gathering Fines! regulated under the Natural (HIS
                                                           Pipeline Safely Act ol I%X. or the lla/urdous Liquid Pipeline Salclv Act ol 1974. or .
                                                           which Ism intrastale pipeline lacilit) legulatcd under Stale laws;
                                                           5. surface impoundments, pits, ponds, or lagoonx
                                                           *. norm water €ir waste water colkxiion systems;
                                                           7. flow -through process lanks:
                                                           I. liquid traps or associated gathering lincsdircctlyrelaSedtooiliirgiisproductimt and
                                                           gathering operations;
                                                           ». storage lanks Mtiialed  in an undeiground aiea (such as a hasemcnt. cellar.
                                                           mineworking. drill, shaft, or tunnell it the storage lank is situated upon or above the
                                                           svrlucc ol the lloor.

                                                             What Substances Are Covered? Ihc notilicaiion reqiiircmcnis appl) tu under-
                                                           ground storage lanks that contain regulated substances. This includes an) substance
                                                           delined  as ru/ardous in section 101 (14) of the ComprehcnsivT L'nvironmcntal
                                                           Response.C'ompcnsattonand 1 iabilit) Actol IVfiOK'FRCI.AKwithlheencepiiiinol
                                                           those substances regulated a> ha/ardous waste under Sublilk* C* ol KCRA. It also
                                                           includes petroleum, e.g. crude oil 01 an) traction thereof which is liquid at standard
                                                           conditions of tenincratuie and pressure (M> degrees Hihrcnhcit and 14.7 pounds per
                                                           square inch absolute).                              •

                                                             Where To Notify? <\impleled notilieation forms should he sent lo the addiess
                                                           given at the top ol this page.

                                                             When To Notify?  I. Owncrst'l underground storage lanksinuseor lhal havchcvn
                                                           "taken oiit ol operation alter Januar) I. 1474. hut still in the ground, must notilv hv
                                                           Ma\ K. l9Xh. 2. Owners uho bring underground storage tanks into use allei Mav X.
                                                           |4K6.must notilv withm.V)da)sol bringing the lanks into use.

                                                             PraiHies:  Any owner who knowingly hits to Biotify or submit* foke fnformalkMi
                                                           ahall be subject lo • civil pemlly not lo exceed fWJUOt tor tmcti tank for which
                                                           notification k not given or for which fkht infonmtton is submHted.          "   .
      Please type or pn'nt in ink all iicms except "signature" in Section V. This form must by completed for
    etch location contilninR underground storage unks. II more than 5 tanks arc owned at this location.
    photocopy the mtirsc side, and staple continuation sheets to this.form.
                                                                                            Indicate number ol
                                                                                            continuation sheets
                       , I. OWNERSHIP OF TANK(S)
                                                                               II. LOCATION OF TANK(S)
Owner Name (Corporation. Individual, Public Agency, or Other Entity)
Street Address
Oty State
ZIP Code ;
Area Code Phone Number
TypeofOwner (M»rkitlth*ttpply{2)
J_J Current LJ State or Local Gov't
ncnrm.r PI Federal Gov't
Former LJ (QSA facility I,D. no.

Name (l( same as Section 1. mark box here LJ >
D Private or
D Ownership
_ J

(If same as Section 1. mark box here LJ )
Facility Name or Company Site Identifier, as applicable
Street Address or State Road, as applicable
City (nearest)

number of II
tanks at this | |

Job Title
State ZIP Code
Mark box here if tank(s)
are located on land within r— i
an Indian reservation or LJ
on other Indian trust lands
J!H. ..;! - ! •-
Area Code Phone Number 1
                                                             IV. TYPE OF NOTIFICATION'
                                     Mark box here only if this is an amended or subsequent notification for this location.
                                            ^CERTIFICATION (R««d'»nd sign after completing Section VI.).-
    I certify under penalty of taw that I have personally examined and am familiar with the information submitted in this and all attached
    documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information. I believe that the
    submitted information is true, accurate, and complete.    .
    Name and official title of owner or owner's authorized representative
Date Signed
                                                              CONTINUE ON REVERSE SIDE-  -•
 EPA Form 7530-1(11-85)

             Federal Register / Vol. 50, No. 217 / Friday. November 8.1985 / Rules and Regulations       46615

                                                                       	 Page No	of	Pages
Owner Name (from Section I)
. Location (from Section II).
VI. DESCRIPTION OF pNDERGR9UND STORAGE TANKS (Complete jforeach fan* af (his location.) \ |
Tank Identification No. (e.g.,ABC-123), or
Arbitrarily Assigned Sequential Number (e.g., 1 A3...)
1. Status of Tank Currently in Use
(Ma* atlthat apply K) Temporarily Out of Use
Permanently Out of User
Brought into Use after 5/8/86
2. Estimated Age (Years)
3. Estimated Total Capacity (Gallons)
4. Material of Construction gtee,
fMarko/wtDj ' .concrete
Fiberglass Reinforced Plastic
Other, Please Specify
5. Internal Protection rathndir ProtPction
(Mar* all that apply W Cathodic Protection
: Interior Lining (e.g.. epoxy resins)
Other. Please Specify
6. External Protection Cathodic Protection
(Markattthat app/yBj Pajntod (e g aspnaltic)
• Fiberglass Reinforced Plastic Coated
Other. Please Specify
7. Piping , Bare Steel
(Martallthatapplyn) Galvanized Steel
Fiberglass Reinforced Plastic
Cathodically Protected
Other. Please Specify
8. Substance Currently or Last Stored a Empty
in Greatest Quantity by Volume n,,.—!-..—
fMa*an*atapp,y*) b" »*£%
Gasoline (including alcohol blends)
Used Oil
Other, Please Specify
c. Hazardous Substance
Please Indicate Name of Principal CERCLA Substance
Chemical Abstract Service (CAS) No
. Mark box B if tank stores a mixkiie of substances
d. Unknown
9. Additionallnformatfon (tor tanks permanently
taken out of service)
a. Estimated date 'last used (mo-'yr)
b. Estimated quantity of substance remaining (gal.)
c. Mark box B if tank was filled with inert material
{e.g., sand, concrete)
Tank No.

L~ ] '
. [=].


Tank No.

cm .
" cm

Tank No.



Tank No.

cm •


Tank No.

cm :
. cm


  FPA Form 7530-1 (11-85) Reverse

 46616	Federal Register / Vol. 50. No. 217 / Friday. November 8.1985 / Rules and Regulations

                                     APPENDIX  II to  §280.3        •
             Ust of Agencies Designated to Receive Notifications
 *l*b«mi (EPA Form)
• Alabama Department of Environmental Mgmt.
 Ground Water Section/Water Division
 1751 Federal Drive       .   .'     .  •'
 Montgomery. Alabama 36130 •

 AlMka (EPA Form)
 Department of Environmental Conservation  '
 PouchO          .
 Juneau, Alaska 99811        •   '     '
 907/465-2653    .   -

 American Samoa (EPA Form) •       '
 Executive Secretary
 Environmental Quality Commission
 Office of the Governor
 American Samoan'Gpvernment
 Pago Pago. American Samoa 96799
 Attention: UST Notification

 Arizona (EPA Form)
 Attention: UST Coordinator
 Arizona Department of Health Services
 Environmental Health Services
 2005 & Central
 Phoenix. Arizona 85004

 Arkansao (EPA Form)
 Arkansas Department of Pollution Control and Ecology'
 "P.O. Box 9583
 Uttte Rock. Arkansas 72219

 California (Stitt Form)
 Ud Anton
 . California Water Resources Control Board
 P.O. Box 100
 Sacramento. California 95801

 Colorado (EPA Form)
 Kenneth Mesch. Section Chief
 Colorado Department of Health
 Waste Management Division
 Underground Tank Program
 4210 East 11th Avenue
 Denver. Colorado 80220
 303/320-8333 Ext 4364

 Corihtcilcu! (StattForm)
 Hazardous Materials Management Unit       '   *'	
 Department ot Environmental Protection
 State Off ice Building
 165 Capitol Avenue
 Hartford. Connecticut 06106

 Delaware (State Form)
 Division of Air and Waste Management
. Department of Natural Resources and Environmental Control
 P.O. Box 1401
 89 Kings Highway
 Dover. Delaware 19903

District 01 Columbia (EPA Fetm)
Attention: UST Notification Form
Department of Consumer and Regulatory Affairs
Pesticides and Hazardous Waste Management Branch
Room 114       .   .
5010 Overtook Avenue. S.W.    '  .     .
Washington. DIC. 20032

Florida (State Form)
Florida Department of Environmental Regulation
Solid Waste Section
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee. Florida 32301            •
904/487-4398  '             •

Georgia (EPA Form)
Georgia Department of Natural Resources
Environmental Protection Division
Underground Storage Tank Program
3420 Norman Berry Drive
Hapeville. Georgia 30354  •

Guam (State Form)
James B. Branch. Administrator
Guam Environmental Protection Agency
P.O. Box 2999
Agana. Guam 96910
Overseas Operator (Commercial Call 646-8863)

Hawaii (EPA Form)
Chief. Noise and Radiation Branch
Hawaii Department of Health
591 Ala Moana Boulevard
Honolulu. Hawaii 96801

Idaho (EPA Form)
Underground Storage Tank Coordinator
Idaho Department of Health & Welfare
Division of Environment
450 W. State Street
Boise. Idaho 83720

IlllnoU (EPA Form)
Underground Storage Tank Coordinator
Division of Fire Prevention
Office of State Fire Marshal
3150 Executive Park Drive
Springfield. Illinois 62703-4599

Indiana (EPA Form)
Division of Land Pollution Control. UST Program
Indiana State Board of Health
P.O. Box 7015
Indianapolis. .Indiana 46207

Iowa (State Form)
Iowa Department of Water, Airand Waste Management
900 East Grand
Des Moines, Iowa 50319

              Federal Register / Vol. SO. No. 217 / Friday. November 6.1985 / Rules and Regulations.        46617
Kansas (EPA Form)
Office of Environmental Geology
Kansas Department of Health & Environment
Forbes Field. Building 740
Topeka. Kansas 66620
913/852-9360 Ext. 221

Kentucky (State Form)
Natural Resources Cabinet
Division of Waste Management. Attention: Vicki Pettus
1B Reilly Road
Frankfort. Kentucky 40601

Louisiana (State Form)
Patricia L. Norton. Secretary
Louisiana Department of Environmental Quality
P.O. Box 44066
Baton Rouge. Louisiana 70904
504/342-1265   *

Maine (State Form)
Attention: Underground Tanks Program
Bureau of Oil & Hazardous Material Control
Department of Environmental Protection
State House — Station 17
Augusta. Maine 04333

Maryland (EPA Form)
Science and Health Advisory Group
Office of Environmental Programs
201 West Preston Street
Baltimore. Maryland 21201

Massachusetts (EPA Form)
LIST Registry. Department of Public Safety
1010 Commonwealth Avenue
Boston. Massachusetts 02215

Michigan (EPA Form)
Ground Water Quality Division
Department of Natural Resources
Box 30157
Lansing. Michigan 48909 .   •

Minnesota (State Form)
Underground Storage Tank Program
Division of Solid and Hazardous Wastes
Minnesota Pollution Control Agency
1935 West County Road. B-2
Roseville. Minnesota 55113

Mississippi (EPA Form)
Department of Natural Resources
Bureau of Pollution Control
P.O. Box 10385
Jackson. Mississippi 39209

Missouri (EPA Form)
Gordon Ackley. UST Coordinator
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, Missouri 65102
 Montana (EPA Form)
 Solid arid Hazardous Waste Bureau
 Department of Health and Environmental Science
 Cogswell Building, Room B201
 Helena, Montana 59620

 Nebraska (EPA Form)
 Nebraska State Fire Marshal   .  .
 Lincoln. Nebraska 68509-4677

 Nevada (EPA Form)
 Attention: Underground Storage Tanks
 Division of Environmental Protection .
 Department of Conservation and Natural Resources
 Capitol Complex
 201S. Fall Street
 Carson City, Nevada 89710
 800/S92-OSOO Ext. 4670

 New Hampshire (EPA Form)
 Water Supply and Pollution Control Commission
 Hazen Drive
 P.O. Box 95
 Concord. New Hampshire 03301
 Attention: UST Registration

 New Jersey (State Form)
• Underground Storage Tank Coordinator
 Department of Environmental Protection
 Division of Water Resources (CN-029)
 Trenton.-New Jersey 08625    -«

 New Mexico (EPA Form)
 New Mexico Environmental Improvement Division
' Ground Water/Hazardous Waste Bureau
 P.O. Box 968
 Sante Fe. New Mexico 87504
 505/827-2933 or 505/827-2918

 New York (EPA Form) •
 Bulk Storage Section
 Division of Water
 Department of Environmental Conservation
 50 Wolf Road. Room 326
 Albany. New York 12233-0001

 North Carolina (EPA Form)
 Division of Environmental Mgmt./Ground Water Section
 Dept. of Natural Resources & Community Development
 P.O. Box 27687
 Raleigh. North Carolina 27611

 North Dakota (State Form)
 Division of Hazardous Waste Mgmt. and Special Studies
 North Dakota Department of Health
 Box 5520
 Bismarck. North Dakota 58502-5520
                                                  —2 —

46618        Federal Register / Vol. 50. No. 217 / Friday. November 8.1985 / Rules and Regulations
Northern Mariana Itfand* (EPA Form)
Chief           '            '           '         "
 Division of Environmental Quality    .
Commonwealth of Northern Mariana Islands      •
Saipan. CM 96950          .   ..
Overseas Operator: 6984
Cable Address: GOV. NMI Saipan

Onto (Slat* Form)   '
State Fire Marshal's Of fice. UTN
Department of Commerce              • •
8895 E. Main Street              .
Reynoldsburg. Ohio 43068   .                     .
State Hotline 800/282-1927

Oklahoma (ERA Fonn)                  -
Underground Storage Tank Program
Oklahoma Corporation Comm.
Jim Thorpe Building
Oklahoma City. Oklahoma 73105

Oregon »                    •
Underground Storage Tank Program
Hazardous and Solid Waste Division  '
Department of Environmental Quality
RO.BOX1760             .  '        '
Portland. Oregon 97207

Pennsylvania (t:PA Form)
Pennsylvania Department of Environmental Resources
Bureau of Water Quality Management/Ground Water Unit
9th Floor. Fulton Building
Harrisb'urg. Pennsylvania 17120

Puerto Rico (EPA Form)
Director. Water Quality Control Area
Environmental Quality Board
Commonwealth of Puerto Rico
P.O. Box 11488
Santurce. Puerto Rico 00910

Rhoda Island (ERA Form)
UST Registration
Department Of Environmental Management
204 Cannon Building  '
75 Davis Street
Providence. Rhode Island 02908

South Carolina (State Form)
Attention: Susana Workman
Ground water Protection Division
South Carolina Dept. of Health and Environmental Control
2600 Bull Street
Columbia. South Carolina 29201

South Dakota (EPA Form)
Office of Water Quality
Department of Water and Natural Resources
Joe Foss Building
Pierre.South Dakota 57501
Tennessee (EPA Form)
Terry K. Cothron. Director
Division of Ground Water Protection
Tennessee Department of Health and-Environment
150 Ninth Avenue. North
Nashville. Tennessee 37219-5404

Texaa (EM Form)
Underground Storage Tank Program
Texas Water Commission
P.O. Box 13087
Austin. Texas 78711

Utah (EPA Form)
Kenneth L. Alkema
Division of Environmental Health
P.O. Box 45500
Salt Lake City, Utah 84145-0500 *'

Vermont '(State Form)
Underground Storage Tank Program
Vermont AEC/Waste Management Division
State Office Building
Montpelier. Vermont 05602
802/828-3395 •

Virginia (ERA Form)
Russell P. Ellison. III. P.O.
Virginia Water Control Board
P.O. Box 11143
Richmond. Virginia 23230-1143
804/257-6685     .    •         •

Virgin Island* (EPA Form)
205(J) Coordinator
Division of Natural Resources Management
14 F Building 111. Watergut Homes
Christianstead. St. Croix. Virgin Islands 00820

Washington (State Form)
Earl W. Tower. Supervisor
Department of Ecology, M/S PV-11
Management Division, Solid and Hazardous Waste
Olympia. Washington 98504-8711
206/459-6316 .

Weal Virginia (EPA Form)
Attention: UST Notification
Solid and Hazardous Waste/Ground Water Branch
West Virginia Department of Natural Resources
1201 Greenbriar Street
Charleston. West Virginia 25311

Wlaconaln (Stale Form)
Bureau of Petroleum Inspection
P.O. Box 7969 .
Madison. Wisconsin 53707

Wyoming (EPA Form) ..     '
Water Quality Division
Department of Environmental Quality
Herschler Building. 4th Floor West
122 West 25th Street
Cheyenne, Wyoming 82002
* May be using .a State form.   Owners should consult  EPA to determine whether such
  form, is in compliance with Section 9002.  -aL
•ILUNa CODE «5W-50-C           '                    "                    .                   .
   U.S. Government Printing Office  : 1985 - 491-191/46103

            Federal  Register / Vol. 50. No. 217 /  Friday.  November 8. 1985  / Rules and  Regulations     46639
Appendix III to § 280.3

Statement for Shipping Tit:l,f:t.i and Invoiais
  Note.—A new Federal inw (the Resource
Conservation and Recovery Act (RCRA). as
amended (PL 98-616)) requires owners of
certain underground storage tanks tq notify
designated State or local agencies by May B.
1986 of the existence of their tanks.
Notifications for tanks brought into use after
May 8. 1986 must be made within 30 days.
Consult EPA's regulations, issued on	.
1985. to determine if you are affected by this
One-Time Notification Letter
  Dear Customer: A new Federal law directs
the Environmental Protection Agency (EPA)
to develop a comprehensive regulatory
program for underground storage tanks. As
part of the new law. owners" of certain
underground tanks used to store petroleum or
hazardous substances must notify designated
State or local agencies of the existence of
their tanks by May 6,1986. This includes'
owners of tanks currently used to store such
substances and owners of tanks taken out of
operation after January 1.1974. but still in the
ground. Owners who bring tanks into use
after May 8.1986. must notify within 30 days.
  The purpose of the notification program is
to assist EPA and the Slates in locating and
evaluating underground storage tanks.
Enclosed is a copy of-EPA's regulations
concerning owners of underground storage
tanks, and a notification form.
  Please review the regulations to determine
if you arc affected by the notification
requirements.' A list of the addresses of the
State or local agencies designated to receive
the notifications is contained in the
discussion to the regulations.
{FR Doc. 85-26778 Filed 11-7-85:8:45 araj

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    Environmental Protection
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