Federal Register: September 23, 1988, Part 2. 40 CFR Parts 280 and 281. Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules (UST #04A)


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


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

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

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
9002.
DATE: Final rule effective November 8,
1985.
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. ' .
rOH FURTHER INFORMATION CONTACT:
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)
^382-7925.
' 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.
(303)293-1503

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.
(206)443-0344
SUPPLEMENTARY INFORMATION:

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:
or
(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.

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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
required.

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
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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
proposals.
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.
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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
ownership.
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
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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
rulemakings.
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
requirements.
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
warranted.
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 externarcorrosion.protection
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
system.
(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
classes.
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
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Federal Register / Vol SIX No. 217 / Friday, November 8. 1905 / Rules and Regulations
46609
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 Iw.at
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
worrf-"nolifier."
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
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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
community.
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
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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
stored.
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
safeguarded.
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
Requirements
EPA received a number of comments
on the Agency's estimated costs to tank
owners to meet the notification
requirements.
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
costs.
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
notification.
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
12291
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
Analysis.
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 ha.ve 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, ••
Administrator.
For the reasons set out in the
preamble. Title 40 of the Code of Federal
Regulations. Part 280 is amended as
follows:

PART 280—UNDERGROUND
STORAGE TANK REGULATIONS

(1) The authority cite for Part 280 .
continues to read as follows:
Authority: 42 U.S.C. 5 S 6991.6992. and
6996.
(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
section.
• (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.
•ILUNO COOC IMO-50-M
-------
46614
Federal Register / Vol. 50, No. 217 / P'riday, November 8.1985 / Rules and Regulations
APPENDIX I to §280.3
Notification for Underground Storage Tanks
FOHMAPPflOVED
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.
(HiirH>Ion|xrmu>cn)ee\ainplc.aicundergroumliankssioring:l.gaM»linc.
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. " .
INSTRUCTIONS
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
attaehcd
, I. OWNERSHIP OF TANK(S)
II. LOCATION OF TANK(S)
Owner Name (Corporation. Individual, Public Agency, or Other Entity)
Street Address
County
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
Corporate
D Ownership
uncertain
_ 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
County
City (nearest)

number of II
tanks at this | |

- III. CONTACT PERSON AT TANK LOCATION
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
Signature
Date Signed
CONTINUE ON REVERSE SIDE- -•
EPA Form 7530-1(11-85)
Paget
-------
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
Unknown
Other, Please Specify
5. Internal Protection rathndir ProtPction
(Mar* all that apply W Cathodic Protection
: Interior Lining (e.g.. epoxy resins)
None
Unknown
Other. Please Specify
6. External Protection Cathodic Protection
(Markattthat app/yBj Pajntod (e g aspnaltic)
• Fiberglass Reinforced Plastic Coated
Nona
Unknown
Other. Please Specify
7. Piping , Bare Steel
(Martallthatapplyn) Galvanized Steel
Fiberglass Reinforced Plastic
Cathodically Protected
Unknown
Other. Please Specify
8. Substance Currently or Last Stored a Empty
in Greatest Quantity by Volume n,,.—!-..—
fMa*an*atapp,y*) b" »*£%
Kerosene
Gasoline (including alcohol blends)
Used Oil
Other, Please Specify
c. Hazardous Substance
Please Indicate Name of Principal CERCLA Substance
OR
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.
Cm
Cm
-CUD
.

Cm
Cm.
Cm
cm
Cm
Cm
cm..
Cm
Cm
Cm
cm
C=]
czn
CZZI
L~ ] '
LZ=]
C=I
C±l
cm
LZZI
. [=].

•cm
cm
/

CZZl
Tank No.
cm

CZ3
CZD
cm
CZD
d3
cm
cm .
cm
cm
cm
cm
cm
cm
cm
cm
" cm
cm
cm
cm
cm
cm
cm
CZ3
-
cm
cm
/

cm
Tank No.
cm
cm

cm
cm
cm
cm
cm
cm
cm
cm
cm
cm
cm
cm
cm
cm,'
cm
cm
cm
cm
cm
cm
cm

•cm
cm
/

cm
Tank No.
cm
cm
cm

cm
cm
cm •
cm
cm
.cm
cm
cm
cm
cm
cm
'cm
cm
cm
cm
cm
cm
cm-
cm
cm

cm
cm
/

•cm
Tank No.
cm
cm
.cm
cm

.
cm
cm
cm
cm
cm :
cm
cm
cm'
cm
cm
cm
cm
cim
cm
cm
. cm
'cm
cm
cm
cm
cm
cm
cm

cm
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
501/562-7444

California (Stitt Form)
Ud Anton
. California Water Resources Control Board
P.O. Box 100
Sacramento. California 95801
216/445-9552

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
302-736-5409

\
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
808/548-4129

Idaho (EPA Form)
Underground Storage Tank Coordinator
WaterOuality'Bureau
Idaho Department of Health & Welfare
Division of Environment
450 W. State Street
Boise. Idaho 83720
208/334-4251

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
317/243-5060

Iowa (State Form)
Iowa Department of Water, Airand Waste Management
900 East Grand
Des Moines, Iowa 50319
515/281-8692
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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
502/564-6716

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
207/289-2651

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
617/566-4500

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 . .
P.O.BOX94677
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
603/271-3503

New Jersey (State Form)
• Underground Storage Tank Coordinator
Department of Environmental Protection
Division of Water Resources (CN-029)
Trenton.-New Jersey 08625 -«
609/292-0424

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
518/457-4351

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
919/733-5083

North Dakota (State Form)
Division of Hazardous Waste Mgmt. and Special Studies
North Dakota Department of Health
Box 5520
Bismarck. North Dakota 58502-5520
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46618 Federal Register / Vol. 50. No. 217 / Friday. November 8.1985 / Rules and Regulations
Northern Mariana Itfand* (EPA Form)
Chief ' ' ' "
Division of Environmental Quality .
P.O.BOX1304
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
503/229-5788

Pennsylvania (t:PA Form)
Pennsylvania Department of Environmental Resources
Bureau of Water Quality Management/Ground Water Unit
9th Floor. Fulton Building
P.O.BOX2063
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
809/725-0717

Rhoda Island (ERA Form)
UST Registration
Department Of Environmental Management
204 Cannon Building '
75 Davis Street
Providence. Rhode Island 02908
401/277-2234

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
803/758-5213

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
615/741-7206

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
608/266-7605

Wyoming (EPA Form) .. '
Water Quality Division
Department of Environmental Quality
Herschler Building. 4th Floor West
122 West 25th Street
Cheyenne, Wyoming 82002
307/777-7781
* 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
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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
taw.
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
BILLING CODE K40-SO-M
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SEPA
United States
Environmental Protection
Agency
Washington, DC 20460
Official Business
Penalty for Private Use
$300
First Class Mail
Postage and Fees Paid
EPA
Permit No. G-35
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