the  reasons  set  out  1n  the  Preamble,  Part  280 of Title 40 of the Code of
    »ral  Regulations  is amended  to  read  as follows

    t 280 — ^TECHNICAL STANDARDS AND  CORRECTIVE ACTION REQUIREMENTS FOR OWNERS
     OPERATORS OF UNDERGROUND STORAGE: TANKS

Subpart  A —  Program Scope  andjjnterip Prohibition ,
Sec

230  10   Applicability
280  11   Interim  Prohibition for deferred UST systems
280  12   Definitions

Subpart  B —  UST Systems:  Design,  Construction,  Installation and
Notification
Sec

280  20   Performance  standards for new UST  systems
280  21   degrading of existing UST systems
280  22   Not, fi cat ion requirements

Subpart  C — general Operating Requirements
Sec.

280.30   Spill and ovefftH control.
280.31   Operation and- maintenance of corrosion protection
280 32   Compatibility.
280 33   Repairs allowed*
280.34   Reporting ana recordkeeping
        •
Subpart  0 — Release Detection
Sec.

280 40  General  requirements for aH-yST systems
280 41  Requirements for petroleum UST systems
280 42  Requirements forshazardous sabstancg UST systems
280 43  Methods of*re*ease detection fer tanks
280 44  Methods of release -detection for
280.45  Release detection ^reeordkge
Subpart E — Release Reporting* Investigation* and Ccnf insat-ion
Sec.
280 50 Reporting of suspected ^
280 51  rrvestigat.on due to off -site impacts
290 52  Release investigation ard confirmation steps
280 53  Reporting and cleanup of spills and overfi  Is
Subpart F — Release Response and Corrective Action ^e»r US1 Systems Containing
Petroleum or Hazardous Substances
Sec.

280 60  General
280 61  Initial response     «

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280 62   Initial abatement measures  and  site-check.
280 63   rnitial site  characterization
280 64   Free product  removal
280 65   Investigations. for^soU  and ground-wa$e.r^cleanup
280 66   Corrective action plan
280 67   Public participation
                                       *

Subpart  G — Out-of-ServiceiU5T Systems  and Clpsure

280 70   Temporary closure
280 71   Permanent closure and changes-In-service.
280 72   Assessing the1 stte^at closure ot  charge-in- service ,3
280 73   Applicability to previously closed ~UST  systems     «
280 74   Closure records

Authority   42 USC 6912, 6991, .69$! (a), 6191(b), 69914c)J,  699 Hd) ,,
6991(f), 6991(h)

Subpart  A ~- Program  Scope arfd Interim  Prohibition

§ 230.10 Applicability.
                                      I       „        ^
     (a)  The requirements of this  Part apply tQ ail  owners' and  pperator$i0f
an UST system as defined 1n § 280.12 except  as  otherwise provided  in
paragraphs (b), (c),  and (d) of  feti-lsc-section*?..  Any. UST" system Ijstejj 1n
paragfapn (c) of this section must -meet the  requirements of,§ 280^11

     (b)  The following UST systems  are excluded from the  requirements of
part.
       q"                                                        -   -
      (1)  Any UST system holding hazardous  wastes listed  or  identjf-ted
Subtitle C of the Solid Waste Disposal Act,  or  a mixture of such hazardous
waste aTnrf othef r»tgulated substances
          -A»*/ fw«stewac«r Treatment ^tank n$ystem that  ^s^part  of
treatment rfaidtil1ty regtpUtsdrund«r Section 4S2 br 307;(b>:of?thec Clean
Act         - -    ~   '"                     i          f  .    f        '

     (3)  Equipment or machinery that contains regulated substances  for
operational porpdses suetf-as trydrauHc  Mft tanks and eJ-ettrica^  eqalpmef
tanks
                                                           i          '
     (4)  Any UST system whose capacity is 110 gal loos 'or  'less     i

     (5)  Any UST system that contains  a de minimus  concentration »f p€®u
substances
     £6}r*Any ewef^en^ "-$0 H 1 tfi» dPWrffrTow ooncamnertaJSTi' sysreiinlnac-'
     (c)  Deferrals   Subpart s 3, C, 0, E, and G do not apply to  any
following types of UST systems

     (1)  Wastewater treatment tank systems,

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      (2)   Any  LIST  systems  containing  radioactive material that are rsguiatea
 under the  Atomic Energy  Act  of  1954 (42 USC 2011-and following),

      (3)   Any  UST  system that fs  part of an emergency generator system at
 nuclear power  generation facilities regulated by the Nuclear Regulatory
 Commission under 10 CFR  50 Appendix A,                  >

      (4)   Airport  hydrant  fuel  distribution systems * and

      (5)  JJST  systems with field-constructed tanks
                                               i       t
      (d)   Deferrals   Subpart-0 does!  not apply to any UST system that stores
 fuel  solely for use by emergency  power  generators


 § 280.11   Interim  Profiibitl6n-f.or deferred  UST systems

      (a)   No person may  install an  UST  system listed in § 280 10(c)  for the
 purpose of storing regulated substances  unless the UST system (tfheth€r of
 single- or double-wall construction)
                                                                     '  ,
      (1)  Will prevent releases due to  corrosion or  structural  failure for the
 operational 31fe Of theetJSTwsysternj
              f  I-      M-   f

      (2)   Is cathedically  protected against *€orrosiOn,  constructed of     i
 noncorrodible material,  Steel clad with  a noncorrodtble material,  or designed
 in a manner to prevent the release or threatened  release of  any stored
 substance, and   ^   <                _•>*•>                         »

      (3)   Is constructed or lined with material  that is compatible with the
 stored substance.  -                  »                %
         t     „   '  •*   w          i\.,         •» ~    t.         •-   *
      (b)  Notwithstanding paragraph (a)  of th1s"-sectioa» an  UST system without
 corrosion protection may be installed at a site  that is determined by  a
 corrosftm? expert not to be "corrosive enough  to cause it-to edt
 or Submerged Liquid Storage Systems," may be  used as  guidance for  complying
with paragraph (b)  of this sectional             :      <       *

 § 280vl2  Definitions.

     "Aboveground release"  means any release  to the  surface of  the land or  to
 surface water.   This includes,  bat is not limited, to, r?e"beas.es  from  the above-
ground portion of an UST system and aboveground releases associated  with
overfills and transfer operations as the regulated substance moves to  or  from
an UST 'system,  n,

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      "Ancillary  equipment"  means any devices including, but not l]nHtedr£b;
 such  devices  as  piping,  fittings, flanges, vaTv«s, arrd-pumps used: to.,;-   :_ *
 distribute, meter,  or  control  the flow of regulated substances toward framzafi
 UST

      "Belowground release"11  mean-s any release to the subsurface ~of the land" and
 to ground water   This includes, but is not limited to, releases from the
 belowground portions of  an  underground storage tank- jystenTandubelowground
 releases associated with overfills and transfer operations as the regulated
 substance moves  to  or  from  arf underground storage tanfe*    '       "      z "
            *            ~   <•               """     -  -    >r   w I ..    *
      "Beneith the surf aTceT tff the ground" means' beneath -tfte ground surf ace* or
 otherwise covered with earthen materials.                                " 'i
     "Cathodic protection"  is  a 'technique 'tis- prevent cdfrtfsion oC
surface by making that  surface the  cathode <*f an electieocheimca1! cell'  Fort,
example", a tank system  carv^be  cSthodlcaFTy pr^otectfid trough thei»pp"hcatibni::
of either galvanic anodes or impressed  current    *  tr <  «    _^r c    -«

     "CathodMc protection *tefster=" means- a" peresoif who <*an dsmonst^at'e an"
understanding of the prfncipT-ies and measurements df a>t-<:ominon types of
cathodic protection systems as applied  to buried or lutrnierged metal piping aed
tank systems.  At a minimum, such persons must have education and experience
1n soil r^sts&lvitft stray current/ structune-?to"-s<$1# iwtemialr^afld cttf-on.$ lifriJyrto 6e
encountered inF-theUST           '          •• -
                  1
     "Connected-piping11 me~a^hs "all- underground" piping ffufluding'vaT'vesli elbows,
joints, flanges, and flexible  connectors  attached  to a tank  systfiift «hrocrgiv~  "
which regulated substances flow   For the purpose  of determining how much
piping is connected to any intfTvfdua^ 4JST system,  the vpfpttf§
UST systems "shoultf be allocated eo^aliy tfetwee^n tlfehirv
     ^Consumptive us^e" wHhp resect tt heiaHndf-oiVniearft confurtfed o
premises            ^   " '
                                   u J        ***        ^
     "Corrosion expert" means a person who,  by  reason  of thorough knowledge of
the physical" %cferices and the princ^es df 'erttffneeri-n'g Ind matherttettcss.^"
acquired by a professional education '•and related; practical  experience^ 1S
qualified to. engage  1n the practice of corrosion  control  on buried or
submerged metal pi pring' systems Cntf metal -^wlfif   Such -a  person must be*1 ->
accredited -or certtHetJ as being qaAl ff-fed 
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     "Qdelectrici material" means  a  mater al  that does not conduct direct
electrical current.  Dielectric coatings are used to electrics ly  solate UST
systems" from., the surrounding  sols  j Dielectric bushings are used to
electrically Isolate portions  of  the  UST system (e g , tank from piping)

     "Electrical equipment "-uueans underground equipment that contains
dielectric fluid that~1s necessary  for  the operation of equipment such as
transformers and - buried electrical  cable,
      "                        i     e   "•
     "Excavation zone" means the  vo-Tujne containing the fcank system and
backfill material bounded by the  ground surface,  walls, and floor of the pit
and trenches into which the UST system  ,1s plaqed  at the time of
installation.

     •Existing tank system! means a tajik system used to 'contain am        ,
accumulation of regulated cswbstances  qr                          rf

     (b) the owner or operator has .eni-ered-  into contractual obligations—
cannot be cancelled or modified without suostaytiak loss--for physical
construction at the site or installation of the tank  system  to oe compietaci
within a-reasoeable
                                    ,         .
     •Farm ttnk* is ajtanj* located on a tract- of  land -devoted -£p the
production of crops or raising animals, including fish,  and  associated
residences and improvements   A farm tank must be located  on the farm
property   "fjrm" Jnclitdes, fish hatcheries, rargeland artf  nunseri.es with
growing operations.^" y                                                Z
               - i/  - r   "t          i                    „      i -  «•
     *F3ow-sthrough, Rroeess tank" i<& a tank that^ forms an Integra.!  part of a
production process through /r feu „,
used in the transportation of oil or gas duHrig ofl or gas^production o-
gathering operations       -                 -

     "Hazardous ^ybstance- l^S-I system," means an- unjlerg-rojund stckrage^ tank
that contains a hazardous substance clefined in section" fdl(t4) of the '
Comprehensive Environmental Response, Compensation and Liability Act of  i380

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 (but not including any substance "egulated  as  a  hazardous  waste under
 subtitle C) or any uixture of  such substances  and  petroleum,  and /rtiidr""^
 a petroleum LIST system

     "Heating oil" means petroleum that  is  No  i;~No   2, N,o   4--lighl,  So"  4-
 heavy, No  5— light, No  5— heavy, and No   6 technical  grades of fuel oil,   r
 other residual fuel oils (including Navy Special Fuel  Oil  and Bunker C),  and
 other fuels when used as substitutes for one of  thes$  fuel oils   Heating oil
 is typically used in the operation of heating  equipment, boilers,  or furnaces
                         •*  r
     "Hydraulic lift tank" means a tank holding  hydraulic  fluid for  a closed-
 loop mechanical system that uses compressed air  or hydraulic  fluid to,, operate
 lifts, elevators, and other similar devices

     "Implementing agency" means, EPA, or, in the case  of a state with n "
program approved "under section 9004 (or pursuant to a  memorandum &f-.agr0jjjept
with EPA), the designated state or local agency  responsible for carrying  out
an approved UST program

     "Liquid trap" means sumps, well cellars,  and  other traps used in"
association- wi,th oil and gas production, gathering, and extraction operations
 (Including gas production plants), for the purpose of . collecting oil, waifer.
and other liquids   These liquid traps may temporarily 'collect liquids'f&r
subsequent disposition or reinfection Into a production, or pipeline
may collect and separate liquids from a gas stream,   "  ~~        „;

     "Maintenance" means the (formal operational upkeep to prevent  an
underground storage tank system from releasu^ product. "      *'
                         *^       **                           t,         i-
     "Motor fuel"  means petroleum or a petroleunti.based substance that fs  m
gasoline, aviation gasoline, Up  1 or No. 2 d"1esel fueT, ,or,"any  grade.of  „
gasohol, and is typically used in the operation of a motor engine  ,
"
                                                                        '   '
      Mew tank system" means a tank system th/t wIVLbejised to. contain 'an
accumulation of regulated substances and /or "which fnstallftton nas ccmrenceci
after [Insert date 90- days, after the date pf ^ibllcatironl  ^(See.also
"Existing Tank System ")                      "

     "Noncommercial purposes" with respect to motor fuel means not'for resale
           ^^                   •*       "rr*-&('               'c>
     "On the premises where stored"" with respect- ^6 ,,h"ea^ijig oil means USTC
systems located on the same property where the stored heating 01 t  is us$a4

     "Operational life" refers to the period beginning when installation 6f"
the tank system has co^mnenced -until the-jtirae the, tank .system Lis property, .m
closed under Subpart G                     (

     "Operator" means, ^ny person r1n conproV^o-f r or having respQns^biUt^ §§^
the daily operation of the UST system.     '                              *"   -
     "Overf-111 release" 1^s- a- release ^that oc-cu^s when, a tank_ is.
Its capacity, resulting in a discharge of" the regulated substance to the
environment

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      "Owner" means    (a)  in  the  case  of an LIST system ••n use on Novembe*- 3,
 1984, pjr broygfit  into use  after  that  date, any person who owns an UST s/stam
 used  for "storage, use, or  dispensing  of regulated substances, and (b) in the
 case  of any UST system in  use  before  November 8,  1984, but no longer in use on
 that  date, any person who  ownedfsuch  UST imrnediaueiy before the
 discontinuation of  its use,

      "Perspn" means an.individual,  trust,  firm,  joint stock company, federal
 agency, corporation, state,  municipality,  commission^ political  subdivision of
 a state, or any interstate body    "Person" also  includes a consortium,  a joint
 venture, a commercial entity,  and  the United  States  Government

      "Petroleum USf System""means  an  underground "storage tank system that
 contains petroleum or a mixture  of  petroleum  with de minfmus quantities of
 other regulated substances _ Such  systems  include those  containing motor
 fuels,,.jet.fuels*,, distillate fuel oils,  residual  tjiel oils, lubj-fcants-,
 petroleujtrsolvents, and^used dils.  h           ^               %

      "Pipe" or "Piping" means  a  hollow  cylinder or tubular conduit th-at is
 constructed of non-earthen materials
                              t
             e fac1Htie$-( Including gathering  lines)"  are  new and existing1
pipe r1gjrt|s-of-way and any assfociated^ equipment,  facilities,  orbufldings

     "Regulated substance" means1 fa) any substance defined  1n section 101(1-4)-
of the Comprehensive Environmental Response, Compensation and Liability "Act
(CERCLA) of 1980 (but not including any substance regulated as a hazardous
waste under subtitle C)f, and fa) petroleum, Including crude oil  or any  "
fraction thereof that Is liquid at standard conditions  of temperature and
pressure (60 degrees Fahrenheit and 14 7 pounds per square  inch  absolute)
The term1' "regulated substance"" includes7 Taut" 1s not limited to petroleum and
petroleum-Based substances'comprised of a complex blend %f hydrocarbons
derived from crude oif though processes of separation,  conversion,  upgrading,
and finishing, such as motor fuels, jet fuels, distillate fuel oils,  residual
fuel oils, lubricants, petroleum solvents, and used oils  -

     "Release4 means'"afny spilling,1 >eak1fhg, emitting, dischftrg-ing, •escab^ng,
leaching or disposing from an UST into ground water,  surface  ^ater or
subsurface soils
                      / T  „   *   3  ,>   ""           ^        -1
     "Release detection" mejms determining whether a  release  of  a  regulated
substance has occurred from the USf system into t'He ^environment  or-into" the
interstitial space between fhe UST system1 and Us" secondary barrier or
secondary containment around it
        „ *"               VI                         +                -!   *
     "Repair" means to"restore a tank or UST system component that has caused
a release of product from the UST system                                      *

     "Residential  tank" 1s a tdnk locatefd on property used "primarily  for-*1
dwelling purposes                                 ^
              4ns.ither Superfund Amendments "and ReaRjthdr-iz%t1orT'ActJof

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      "Septic tank" is a water-tight covered receptacle designed  to  receive  or
process, through liquid separation or oiological digestion,  the  sewage
discharged from a building sewer   The effluent from  such  receptacle  is
distributed for disposal through the soil and settled solids  and  scum from  the
tank  are pumped out periodically and hauled to a treatment facility

      "Storm-water or wastewater collection system" means piping,  pumps,
conduits, and any other equipment necessary to collect and transport  the  flow
of surface water run-off resulting from precipitation, or  domestic,
commercial, or industrial wastewater to and from retention areas  or any areas
where treatment 1s designated to occur   The collection of storm  water and
wastewater does not include treatment except where incidental to  conveyance

      "Surface impoundment" is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials  (although  it
may be lined with man-made materials) that is not an  Injection well

      "Tank" is a stationary device designed to contain an  accumulation of
regulated substances and constructed of non-earthen materials (e  g  ,  concrete,
steel, plastic) that provide structural support

      "Underground area"  means an underground room, such as a basement, cellar,
shaft or vault, providing enough space for physical Inspection of the exterior
of the tank situated on  or above the surface of the floor
                                                                *         y

     "Underground release" means any belowground release          '       f
                                                                         .—i
     "Underground storage tank" or "UST" means any one or  combination of tanks
(including underground pipes connected thereto)  that is used to contain an^  '
accumulation of regulated substances, and the volume of which (Including the
volume of underground pipes connected thereto) is 10 percent"or mdresbeneath
the surface of the ground   This term does not include any,.

     (a)   Farm or residential  tank of 1,100 gallons or^ess, £apacitywused for
storing motor fuel  for noncommercial  purposes,      *    ""    b

     (b)   Tank used for  storing heating oil  for  consumptive^use on the
premises where stored,                                 "   , "      „-   ~
                                                           *•       fr
     (c)   Septic tank,                        '   "  ,    .

     (d)   Pipeline facility (including gathering lines)  regulated under

     (1)   The Natural  Gas Pipeline Safety Act of 1968  (49  U S C  App  1671, et
seq ), or                                    _    v

     (2)   ThefHazardous  Liquid Pipeline Safety,Act of, J979 (49 U S- C.
2001, et setfj^j or             < „           "^               ^        '     ~' ••

     (3)  Which 1s an intra-state pipeline facility regulated" Under* state,,
comparable to the provisions of the law referred to 1n paragraph '(d)(l]f'oV
(d)(2) of this definition,  c

     (e)  Surface Impoundment, pit, pond, or lagoon,


                                        8

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      (f)  Storm-wets*- or wastewater collection  system,

      (g)  Flow-through process tank,

      (h)  Liquid trap or associated gathering lines  directly  related  to  oil  or
gas production and gathering operations, or

      (1)  Storage tank situated in an underground  area  (such  as  a  basement,
cellar, mlneworking, drift, shaft, or tunnel) if the storage  tank  is  situated
upon  or above the surface of the floor

      The term "underground storage tank" or "UST"  does  not  include any pipes
connected to any tank which is described in paragraphs  (a)  through (i) of  this
definition  „

      "Upgrade" means the addition or retrofit of some systems  such as cathodic
protection, lining, or spill and overfill controls to improve  the  ability  of
an underground storage tank system to prevent the  release of  product

      "UST system" or "Tank system" means an underground storage  tank,
connected underground piping, underground ancillary  equipment, and containment
system, 1f any

      "Wastewater treatment tank" means a tank that 1s designed to  receive  and
treat an influent wastewater through physical, chemical, or biological
methods.

Subpart B —  UST Sysfe^is: Design, Construction, Installation  and  Notification
        r   >    !
§ 280.20  Performance standards for new UST systems.

      In order to prevent releases due to structural  failure,  corrosion, or
spills and overj^j]ls for as long as the UST system is used to  store regulated
substances, all  owners and operators of new UST systems must meet  the
following requirements

      (a)  Tanks   "Each tank^must be properly designed and constructed, and any
portion underground that routinely contains product must be protected from
corrosion, 1n accordance with a code of practice developed by a nationally
recognized association or Independent testing laboratory as soecified belo

      (1)  The tank is constructed of fiberglass-reinforced plastic, or

      [Note  'The following industry codes may be used to comply with paragraph
(a)(l) of this section   Underwriters Laboratories Standard 1316,  "Standard
for Glass- Fiber-Reinforced Plastic Underground  Storage Tanks for  Petroleum
Products'*; Underwriter's Laboratories of Canada  CAN4-S615-M83, "Standard'for
Reinforced Plastic Underground Tanks for Petrdleum Products", or American
Societysaf Testing anal Materials Standard 04021-86,  "Standard Specification
for 61a/^1,l^er'-^e'1nfariced Polyester Underground Petroleum Storage Tanks "]
          ' l     "*                    tf              c u         *
      (2)  The tank 1s constructed of  steel  and  cathodlcally protected 1n the
following manner*

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      (i)  The tank  is coated with a suitable dielectric material,

      (11)  Field-Installed cathodic protection  systems are designed  by  a
corrosion expert,

      (in)  Impressed current systems are designed to allow determination of
current operating status as required in § 280 31(c)» and

      (1v)  Cathodic protection systems are operated and maintained ^n
accordance with § 280 31 or according to guidelines established by the
Implementing agency, or

      [Note   The following codes and standards may be used to comply  vith
paragraph (a)(2) of this section

      (A)  Steel Tank Institute "Specification for STI-P3 System of External
Corrosion Protection of Underground Steel Storage Tanks",

      (B)  Underwriters Laboratories Standard 1746, "Corrosion Protection
Systems for Underground Storage Tanks",

      (C)  Underwriters Laboratories of Canada CAN4-S603-M85, "Standard  for
Steel Underground Tanks for Flammable and Combustible liquid," and CAN4-
G03.1-M85, "Standard for Galvanic Corrosion Protection Systems for Underground
Tanks for Flammable and Combustible Liquids," and CAN4-S631-M84, "Isolating
Bushings for Steel Underground Tanks Protected with Coatings and Galvanic
Systems", or

      (0)  National Association of Corrosion Engineers Standard RP-02-85,
"Control of External Corrosion on Metallic Burled, Partially Burled, or
Submerged Liquid Storage Systems," and Underwriters Laboratories- Standard 58,
"Standard for Steel  Underground Tanks for Flammable and Combustible Liquids "]
                                                          i      i    *
      (3)  The tank 1s constructed of a steel-flberglass-relnforced-plastic
composite, or
                                                    **  *"i    r s.
      (Note   The following Industry codes may be used to comply with paragraph
(a)(3) of this section   Underwriters Laboratories Standard 1746,  "Corrosion
Protection Systems for Underground Storage Tanks," or*th£ "Association for
Composite Tanks ACT-100, "Specification for the fabrication 4? FRP Clad
Underground Storage Tanks "1

      (4)  The tank 1s constructed of metal without additional  corrosion
protection measures provided  that

      (1)  The tank is Installed at a site that ts" determined by a corrosion
expert not to be corrosive enough to cause 1t to have a release due to . *  -am
corrosion during Its operating life, and
     (11) Owners and operators maintain records that demonstrate compliance-'
with the requirements of paragraph (4)(1) for the remaining life of the tank,
or                                                             -   w   (3*
                                                               n   -i   ~,ia rt
                                        10

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      (5)   The  tank  construction  and  corrosion protection are determined by the
 implementing agency to  be  designed to prevent the reiease or threatened
 release of any stored regulated  substance  in a manner that is no less
 protective of  human health and the environment than paragraphs (a)(l) through
 (4) of this section

      (b)   Piping    The  piping that routinely contains regulated substances and
 1s  1n contact  with  the  ground must be properly designed, constructed, and
 protected  from corrosion 1n  accordance with  a code of practice developed by a
 nationally recognized association or  independent  testing laboratory as
 specified  below

      (1)   The  piping is constructed of fiberglass-reinforced plastic, or

      [Note   The following codes and  standards may be used to comply with
 paragraph  (b)(l) of this section

      (A)   Underwriters  Laboratories Subject  971,  "UL Listed Non-Metal Pipe",

      (B)   Underwriters  Laboratories Standard  567,  "Pipe  Connectors  for
 Flammable  and  Combustible  and LP Gas",

     (C)  Underwriters  Laboratories of Canada  Guide  ULC-107,  "Glass  Fiber
 Reinforced  Plastic Pipe and Fittings  for Flammable Liquids",  and

     (0)  Underwriters Laboratories of Canada  Standard CAN 4-S633-M81,
 "Flexible-Underground Hose Connectors  "]

     (2)  The piping is constructed of steel and cathodically protected  in  the
 following ianner

     (1)  The piping is coated with a  suitable  dielectric  material,

     (11)   Field-Installed cathodlc protection  systems are designed  by a
 corrosion expert,          t

     (111)  Impressed current systems are designed to allow determination of
 current operating status as required   1n § 280 31(c),  and
                      .   -/
     (1v)   Cathodlc protection systems are operated  and maintained 1n
 accordance with § 280 31 ,or guidelines, established by the  implementing agency,
 or

     [Note-  The following codes  and  standards may be used  to  comply  with
paragraph (b)(2)

     •(A)   National  Fire Protection Association Standard 30, "Flammable and
 Combustible Liquids Code",

     (B)   American  Petroleum Institute Publication 1615, "Installation of
Underground,, Petrol euro Storage Systems",
      c j       c
     (C)   American  Petroleum Institute Publication 1632, "Cathodlc Protection
of Underground  Petroleum Storage  Tanks and Piping Systems", and


                                        11

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      (D)  National Assoc at on of Corrosion Engineers Standard RP-01-69,
"Control of External Corrosion on Submerged Metallic Piping Systems  "]

      (3)  The piping is constructed of metal without additional corrosion
protection measures provided that

      (1)  The piping 1s Installed at a site that 1s determined by a  corrosion
expert to not be corrosive enough to cause it to have a release due  to
corrosion during its operating life, and

      (1i) 'Owners and operators maintain records that demonstrate compliance
with  the requirements of paragraph (3)(i) for the remaining life of  the
piping, or

      [Note   National F1re Protection Association Standard 30, "Flammable and
Combustible Liquids Code", and National Association of Corrosion Engineers
Standard RP-01-69, "Control of External Corrosion on Submerged Metallic Piping
Systems," may be used to comply with paragraph (b)(3) of this section ]

      (4)  The piping construction and corrosion protection are determined by
the Implementing agency to be designed to prevent the release or threatened
release of any stored regulated substance in a manner that is no less
protective of human health and the environment than the requirements in
paragraphs (b)(l) through (3) of this section

      (c)  Spill  and overfill prevention equipment

      (1)  Except as provided in paragraph (2), to prevent spilling and
overfilling  associated with product transfer to the LIST system, owners and
operators must use the following spill  and overfill prevention equipment

      (1)  Spill  prevention equipment that will prevent release of product to
the environment  when the transfer hose is detached from the fill  pipe (for
example, a spill catchment basin), and

      (ii)  Overfill prevention equipment that will

      (A)  Automatically shut off flow Into the tank when the tank is no more
than 95 percent  full, or

      (B)  Alert  the transfer operator when the tank is no more than 90 percent
full by restricting the flow Into the tank or triggering a high-level alarm

      (2)  Owners and ooerators are not required to use the spill  and overfill
prevention equipment specified in paragraph (1) if

      (1) Alternative equipment is used that 1s determined by the  implementing
agency to be no  less protective of human health and the environment than the
equipment specified in paragraph (1)(1) or (11) of this section,  or

      (11)  The UST system 1s filled by transfers of no more than  25 gallons at
one time
                                        12

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t
           (d)   Installation   All  tanks and pining must be properly installed in
      accordance with a code of practice developed by a nationally recognized
      association or independent testing laboratory and in accordance with the
      manufacturer's instructions

           [Note   Tank and  piping  system installation practices and procedures
      described  in the following codes  may be used to comply with the requirements
      of paragraph (d)  of  this  section

           (i)   American Petroleum  Institute Publication 1615,  "Installation of
      Underground Petroleum  Storage System", or

           (1i)   Petroleum Equipment Institute Publication RP100, "Recommended
      Practices  for Installation of Underground Liquid Storage  Systems",  or

           (Hi)   American National  Standards Institute Standard B31 3,  "Petroleum
      Refinery Piping,"  and  American National Standards Institute Standard 831 4
      "Liqui-d Petroleum Transportation  Piping System "]

           (e)   Certification of installation   All  owners and  operators  must ensure
      that  one or more  of  the following  methods of certification, testing, or
      inspection  is  used to  demonstrate  compliance with paragraph (d)  of  this
      section by  providing a certification of compliance on the UST  notification
      form  1n accordance with §  280  22

           (1)  The  installer has been certified by the tank  and piping
      manufacturers, or

           (2)  The  Installer has been certified or licensed  by the  implementing
      agency; or

           (3)  The  Installation has  been  inspected  and  certified by a registered
      professional engineer  with education  and  experience  in  UST system
      installation,  or

           (4)  The  installation has  been  inspected  and  approved by  the implement  rg
      agency, or

           (5)  All work listed  1n the manufacturer's  Installation checklists  has
      been  completed, or

           (6)  The owner  and operator have  complied with  another method for
      ensuring compliance with paragraph (d)  that  is determined  by the implementing
      agency to be no less protective of human  health and  the environment

      §  280.21  Upgrading of existing UST systems
                                           *
           (a)  Alternatives allowed  Not later  than [insert date 10 years and 90
      days  after date of publicationj, all  existing UST systems must comply with one
      of the following requirements

           (1)  New UST system performance  standards under § 280 20;

           (2)  The upgrading requirements  in sections (b)  through (d) below, or


                                             13

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      (3)  Closure requirements  uncle1"  Suopart  G  of  chis  Part,  including
 applicable requirements  for corrective  action under  Subpart  F

      (b)  Tank upgrading requirements   Steel tanks  must  be  upgraded  to  meet
 one of the following requirements  in  accordance with a  code  of  practice
 developed by a nationally recognized  association or  independent testing
 laboratory

      (1)  Interior lining   A tank may  be upgraded by internal  lining if
           r
      (1)  The lining is  installed  in  accordance with the  requirements of
 § 280.33, and

      (11)  Within 10 years after lining, and  every 5 years thereafter, the
 lined tank is internally Inspected and  found  to be structurally sound with  the
 lining still  performing  in accordance with original  design specifications

      (2)  Cathodic protection   A tank  may be upgraded  by cathodic protection
 1f the cathodic protection system meets the requirements of
 § 280.20(a)(2)(1i), (111), and  (1v) and the integrity of the  tank is ensured
 using one of the following methods.

      (1)  The tank 1s Internally Inspected and  assessed to ensure that the
 tank  is structurally sound and free of  corrosion holes  prior  to  installing  the
 cathodic protection system, or

      (11)  The tank has been installed  for less than 10 years and is monitored
 monthly for releases in accordance with § 280 43(d)  through (h), or

      (111)  The tank has been installed for less than 10 years  and is assessed
 for corrosion holes by conducting two (2) tightness  tests that meet the
 requirements  of § 280 43(c)   The first tightness test must be  conducted prior
 to Installing the cathodic protection system    The second tightness test must
be conducted  between three (3) and six  (6) months following the first
operation of  the cathodic protection system, or

      (1v)  The tank is assessed for corrosion holes  by a method that is
determined by the implementing agency to prevent releases in  a manner that  is
 no less protective of human health and the environment than subparagraphs (i)
 through (Hi)

      (3)   Internal lining combined with cathodic protection   A tank may be
upgraded by both Internal lining and cathodic protection if

      (1)   The lining is Installed in accordance with the requirements of
§ 280 33, and

      (11)  The cathodic protection system meets the requirements of
§ 280 20(a)(2)(1i),  (111),  and (1v)

      (Note   The following codes and standards may be used to comply with this
 section
                                        14

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      (A)   American  Petroleum  Institute Publication 1631,  "Recommended Practice
 for the  Interior  Lining  of  Existing  Steel  Underground Storage Tanks',

      (8)   National  Leak  Prevention Association  Standard 631,  "Spill
 Prevention, Minimum 10 Year Life  Extension of Existing Steel  Underground  Tanks
 by  Lining  Without the Addition  of Cathodic Protection",

      (C)   National  Association  of Corrosion Engineers Standard  RP-02-85,
 "Control of External Corrosion  on Metallic Buried,  Partially  Buried,  or
 Submerged  Liquid Storage Systems", and
           f
      (D)   American  Petroleum  Institute  Publication  1632,  "Cathodic Protection
 of  Underground Petroleum Storage  Tanks  and Piping Systems  "1

      (c)   Piping upgrading  requirements    Metal piping that routinely contains
 regulated  substances and is in  contact with  the ground must be  cathodically
 protected  in accordance with  a  code of practice developed  by  a  nationally
 recognized association or independent testing laboratory  and  must meet the
 requirements of § 280 20(b)(2)(ii), (iii),  and  (iv)

      [Note   The codes and  standards listed  in the  note following
 § 280 20(b)(2) may be used  to comply with  this requirement ]

      (d)  Spin and overfill prevention equipment   To prevent  spilling and
 overfilling associated with product transfer to the UST system, all existing
 UST systems must comply with new  UST system  spill and  overfill  prevention
 equipment requirements specified  in § 280  20(c)

 § 280.22  Notification requirements.

      (a)  Any owner who brings an underground storage  tank system into use
 after May 8, 1986, must within 30 days of  bringing such tank  into use, submit,
 in the form prescribed in Appendix I of this Part, a notice of  existence of
 such tank system to the state or  local agency or department designated in
Appendix II of this Part to receive such notice

      (Note   Owners and operators of UST systems that were in the ground on or
 after May 8, 1986, unless taken out of operation on or before January  1, 1974,
were required to notify the designated state or  local  agency  in accordance
with the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616,  on a
 form published by EPA on November 8,  1985  (50 FR 46602) unless notice was
given pursuant to section 103(c) of CERCLA   Owners and operators who have not
complied with the notification requirements may  use portions  I through VI  of
the notification form contained in Appendix I of this Part ]

     (b)   In states where state law,  regulations,  or procedures require owners
to use forms that differ from  those  set forth in Appendix  I of this  Part 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  Part   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

     (c)   Owners required to submit  notices under  paragraph (a)  of this
section must provide notices to the  appropriate  agencies or departments


                                        15

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 identified  in Apoendix  II of  this Part  for each tank they own   Owners may
 provide notice for  several  tanks using  one notification  form,  but owners
 own tanks located at more than one place of operation must  file a separate
 notification form for each  separate place of operation

      (d)  Notices required  to be submitted under paragraph  (a) of this section
 must  provide all of the  information in  Sections I through VI of the  prescribed
 form  (or appropriate state  form) for each tank for which notice must be given
 Notices for tanks installed after [Insert 90 days after the date of
 publication of this rule) must also provide all of the information in Section
 VII of the prescribed form  (or appropriate state form) for each tank for which
 notice must be given

      (e)  All owners and operators of new UST systems must certify in the
 notification form compliance with the following requirements

      (1)  Installation of tanks and piping under § 280 20(e),

      (2)  Cathodic protection of steel  tanks and piping under  § 280 20(a) and
 (b),

      (3)  Financial responsibility under Subpart H of this Part, and

      (4)  Release detection under §§ 280 41 and 280 42

      (f)  All owners and operators of new UST systems must ensure that the
 installer certifies in the notification form that the methods used to install
 the tanks and piping complies with the  requirements in § 280 20(d)

      (g)  Beginning [insert 30 days after date of publication], 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
paragraph (a) of this section   The form provided in Appendix  III of this part
may be used to comply with this requirement

Subpart C — General Operating Requirements

§ 280.30  Spill and overfill control.

      (a)  Owners and operators must ensure that releases due to spilling or
overfilling do not occur   The owner and operator must ensure that the volume
available in the tank is greater than the volume of product to be transferred
 to the tank before the transfer is made and that the transfer operation is
monitored constantly to prevent overfilling and spilling

      [Note   The transfer procedures described in National  Fire Protection
Association Publication 385 may be used to comply with paragraph (a)  of this
 section   Further guidance on spill  apd overfill prevention appears m
American Petroleum Institute Publication 1621, "Recommended Practice for Bulk
 Liquid Stock Control at Retail Outlets," and National  Fire Protection
Association Standard 30, "Flammable and Combustible Liquids Code "]

      (b)  The owner and operator must  report,  Investigate,  and clean up any
 spills and overfills 1n accordance with § 280 53


                                        16

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 §  280.31   Operation  and  maintenance  of  corrosion protection.

     All owners and  ooerators  of  steel  UST  systems  with  corrosion protection
 must comply with  the following requirements to  ensure  that  releases  due to
 corrosion  are prevented  for as long  as  the  UST  system  is used  to  store
 regulated  substances

     (a)   All corrosion  protection systems  must be  operated and maintained  to
 continuously provide corrosion protection to  the metal components of that
 portion of'the tank  and  piping that  routinely contain  regulated substances  and
 are 1n contact with  the  ground

     (b)   All UST systems equipped with cathodic protection systems  must be
 inspected  for proper operation by a  qualified cathodic protection tester in
 accordance with the  following  requirements

     (1)   Frequency   All cathodic protection systems must be  tested within 6
 months of  installation and at  least  every 3 years thereafter or according to
 another reasonaole time  frame  established by  the implementing  agency, and

     (2) Inspection  criteria    The criteria that are used to determine  that
 cathodic protection  is adequate as required by  this section must  be  in
 accordance with a code of practice developed  by a nationally recognized
 association.

     [Note   National Association of Corrosion  Engineers Standard  RP-02-85,
 "Control of External  Corrtfsion  on Metallic  Buried, Partially Buried,  or
 Submerged  Liquid Storage Systems," may be used  to comply with  paragraph (o)(2)
 of this section ]

     (c)  UST systems with impressed current  cathodic protection  systems must
 also be inspected  every 60 days to ensure the equipment  is running properly

     (d)  For UST  systems using cathodic protection, records of the  operation
of the cathodic protection must be maintained (in accordance with  §  280 3
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      (A)  American  Petroleum  Institute  Publication  1626,  "Storing  and  Handling
Ethanol and Gasoline-Ethanol  Blends  at  Distribution Terminals  and  Seines
Stations", and

      (B)  American  Petroleum  Institute  Publication  1627,  "Storage  and  Handling
of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals  and  Service
Stations  "]

§ 280 33  Repairs allowed.

     Owners,, and operators of  LIST systems must ensure that repairs  will prevent
releases  due to structural failure or corrosion as  long as the LIST system  is
used to store regulated substances   The repairs must meet the following
requirements

     (a)  Repairs to LIST systems must be properly conducted 1n accordance  with
a code of practice developed  by a nationally recognized association  or an
Independent testing laboratory

     [Note   The following codes and standards may be used to comply witn
paragraph (a) of this section   National Fire Protection Association Standard
30, "Flammable and Combustible Liquids  Code",  American Petroleum  Institute
Publication 2200, "Repairing Crude 011, Liquified Petroleum Gas, and Product
Pipelines",  American Petroleum Institute Publication 1631, "Recommended
Practice for the Interior Lining of Existing Steel Underground Storage Tanks",
and National  Leak Prevention Association Standard 631, "Spill Prevention,
Minimum 10 Year Life Extension of Existing Steel Underground Tanks by Lining
Without the Addttion of Cathodic Protection."]

     (b)  Repairs to fiberglass-reinforced plastic tanks may be made by the
manufacturer's authorized representatives or in accordance with a  code of
practice developed by a nationally recognized association or an independent
testing laboratory

     (c)  Metal pipe sections and fittings that have released product as a
result of corrosion or other damage must be replaced   Fiberglass  pipes and
fittings may be repaired in accordance with the manufacturer's specifications

     (d)  Repaired tanks and piping must be tightness tested in accordance
with § 280 43(c) and § 280 44(b) within 30 days following the date of the
completion of the repair except as provided in paragraphs (1) through (3),
below

     (1)  The repaired tank is internally inspected in accordance with a code
of practice developed by a nationally recognized association or an independent
testing laboratory, or

     (2)  The repaired portion of the UST system is monitored monthly ror
releases in accordance with a method specified 1n § 280 43(d) through (h), or

     (3)  Another test method is used that 1s determined by the implementing
agency to be no less protective of human health and the environment than those
listed above
                                        18

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      (e)  Within  6 months  following  the  renair of any cathodically protected
 LIST  system,  the cathodic protection  system  must be tested  in accordance vitn
 §  280 31(b)  and (c)  to  ensure  that  it  is operating properly

      (f)  LIST  system owners  and  operators must maintain  records  of each repair
 for  the remaining operating  life of  the  UST system that  demonstrate cornel lance
 with the requirements of this  section

 §  280.34  Reporting  and recordkeeping

     Owners  and operators  of UST systems must  cooperate  fully with
 Inspections, monitoring and testing  conducted  by  the  implementing  agency,  as
 well as requests for document  submission, testing,  and monitoring  by the owner
 or operator  pursuant to section  9005 of  Subtitle  I  of the  Resource
 Conservation and Recovery  Act, as amended

     (Note   The recordkeeping and reporting requirements  listed below  have
 been approved  by the Office of Management and  Budget  and have been assigned
 OMB Control  No  2050-0068  )

     (a)  Reporting   Owners and operators  must submit the  following
 Information  to the implementing  agency

     (1)  Notification for all UST systems  (§  280  22), which includes
 certification of installation for new UST systems  (§  280 20(e)),

     (2)  Reports of all releases including suspected releases (§  280 50),
 spills and overfills (§ 280 53), and confirmed releases  (§  280 61),

     (3)  Corrective actions planned or  taken  including  initial abatement
measures (§ 280 62), Initial site characterization  (§ 280 63), free  product
 removal  (§ 280 64),  Investigation of soil and  ground-water  cleanup  (§ 280 65),
and corrective action plan (§ 280 66), and

     (4)  A notification before permanent closure or change-in-service
 (§ 280 71)

     (b)  Recordkeeping   Owners and operators must maintain the following
 Information

     (1)  A corrosion expert's analysis of site corrosion potential  if
corrosion protection equipment is not used  (§ 280 20(a)(4), § 280 20(b)(3))

     (2)  Documentation of operation of corrosion protection equipment
 (§ 280 31),

     (3)  Documentation of UST systsm repairs  (§ 280 33(f)),
                                     t
     (4)  Recent compliance with release detection requirements (§ 280 45),
and

     (5)  Results  of the site investigation  conducted at permanent closure
(§ 280 74)
                                        19

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      (c)  Availability and Maintenance of  Records   Owners  and  operators must
keep  the records required either

      (1)  At the UST site and Immediately  available for  inspection  by  the
implementing agency, or

      (2)  At a readily available alternative site and be provided for
inspection to the implementing agency upon request

      [Note   In the case of permanent closure records required  under § 230 74,
owners and^operators are also provided with the additional  alternative of
mailing closure records to the implementing agency if they  cannot be kept at
the site or an alternative site as indicated above ]

Subpart D — Release Detection

§ 280.40  General requirements for all UST systems.

      (a)  Owners and operators of new and existing UST systems  must provide a
method, or combination of methods, of release detection that

      (1)  Can detect a release from any portion of the tank and the connected
underground piping that routinely contains product,

      (2)  Is installed, calibrated, operated, and maintained in accordance
with the manufacturer's instructions, including routine maintenance and
service checks for operability or running condition, and

      (3)  Meets the performance requirements in § 280 43 or 280 44, with any
performance claims and their manner of determination described  in writing by
the equipment manufacturer or installer   In addition, methods used after
[insert date 2 years and 90 days after publication of the final regulations]
except for methods permanently installed prior to that date, must be capable
of detecting the leak rate or quantity specified for that method in
§ 280 43(b), (c), and (d) or 280 44(a) and (b) with a probability of detection
of 0 95 and a probability of false alarm of 0 05

      (b)  When a release detection method operated in accordance with the
performance standards in § 280 43 and § 280 44 indicates a release may have
occurred, owners and operators must notify the implementing agency in
accordance with Subpart E.

      (c)  Owners and operators of all UST systems must comply with the release
detection requirements of this Subpart by [insert month and day 90 days after
publication of final regulations] of the year listed in the following table

                             [INSERT TABLE HERE 1

      (d)  Any existing UST system that cannot apply a method of release
detection that complies with the requirements of this Subpart must complete
the closure procedures in Subpart G by the date on which release detection is
required for that UST system under paragraph (c)
                                        20

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                   Schedule  for  Phase-in  of  Release  Detection
 Year System Was
   Installed
Year  When  Release  Detection   is   Required   (by
(insert  the  month and day  that  1s  90 days after
publication date of the final regulations} of  the
year indicated)
 1980-1988
                             1989
          1990
1991
1992
1993
 Before 1965 or
 date unknown
  RO
 1965 -1969
           P/RD
 1970-1974
                     RO
 1975-1979
                               RD
 New tanks
 (after [  .nsert date 90
         days after
         publication of
         final regulations])
Immediately upon installation
 P=  Must beg.n  release detection  fo- all pressurirea  piping  n  accordance
     with § 230 41(b)(l) and § 23C.42(b)(4)

RD=  Must begtn release  detection  for tanks and suction piping  in  accordance
     with § 280 41(a), § 280 41(b)(2), and § 280 42

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 § 280.41   Requirements  for petroleum UST systems.

      Owners  and  operators  of  petroleum  UST  systems  must  provide release
 detection  for  tanks  and  piping  as  follows

      (a)   Tanks   Tanks  must  be monitored at  least  every 30  days for releases
 using one  of the methods listed in § 280 43  (d)-(h)  except that

      (1)   LIST  systems that meet the performance  standards  in §  280  20 or
 § 280 21,  and  the monthly  inventory control requirements in  § 280 43(a)  or
 (b),  may use tank tightness testing (conducted in accordance with § 280  43(c))
 at least every 5 years until  [insert date 10  years  and 90 days  after
 publication of the final regulation], or until 10 years  after the tank  is
 installed  or upgraded under § 280  21(b),  whichever  is  later,

      (2)   UST  systems that do not  meet  the performance standards in § 280 20
 or §  280 21 may use monthly inventory controls (conducted in accordance  with
 §  280 43(a) or (b)) and  annual  tank  tightness testing  (conducted in accordance
 with  § 280 43(c)) until  [insert date 10  years and 90 days after publication of
 the final  regulation] when the  tank  must be upgraded under § 280 21 or
 permanently closed under § 280  71,  and

      (3)  Tanks with capacity of 550 gallons or  less may use  weekly tank
 gauging (conducted in accordance with §  280 43(b)).

      (b)  Piping   Underground  piping that routinely contains regulated
 substances must be monitored for releases in a manner that meets one  of  the
 following requirements.

      (1)  Pressurized piping   Underground piping that conveys  regulated
 substances under pressure must

      (i)  Be equipped with an automatic  line  leak detector conducted  in
 accordance with § 280 44(a); and

      (11)  Have an annual line tightness  test conducted  in accordance w  th
 §  280 44(b) or have monthly monitoring conducted in accordance with
 §  280.44(c)

      (2) Suction piping   Underground piping that conveys regulated substances
 under suction must either have a line tightness test conducted at least  every
 3  years and in accordance with § 280 44(b),  or use a monthly monitoring  methoa
 conduct in accordance with § 280 44(c)   No  release detection is  required for
 suction pioing that is designed and constructed to meet  the following
 standards

      (1)  The below-grade piping operates at less than atmospheric pressure,

      (11)  The below-grade piping  is sloped  so that the contents of the  pipe
will drain back into the storage tank if the suction is released,

      (1i1)  Only one check valve 1s included 1n each suction line,
                                        21

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      (iv)  The check  valve  is  located directly  beiow  and  as  c^se  as practical
 to  the  suction pump,  and

      (v)  A method  is provided  that allows compliance with subparagraohs  (n)-
 (1v)  to be readily  determined

 § 280.42  Requirements for  hazardous substance  UST  systems.

      Owners and operators of hazardous substance UST  systems must  provide
 release detection that meets the following requirements
           f
      (a)  Release detection at  existing UST systems must  meet the  requirements
 for petroleum UST systems in §  280 41   By [insert date 10 years and 90 days
 after publication of the final  regulation], all existing  hazardous substance
 UST systems must meet the release detection requirements  for new systems  in
 paragraph (b) below

      (b)  Release detection at  new hazardous substance UST systems must meet
 the following requirements

      (1)  Secondary containment systems must be designed, constructed and
 installed to

      (1)  Contain regulated substances released from the  tank system until
 they  are detected and removed,

      (11)  Prevent the release of regulated substances to the environment at
 any time during the operational life of the UST system, and

      (111)  Be checked for evidence of a release at least every 30 days

      [Note   The provisions of 40 CFR 265 193, Containment and Detection of
 Releases, may be used to comply with these requirements ]

      (2)  Double-walled tanks must be designed, constructed, and installed to

      (1)  Contain a release from any portion of the Inner tank within the
outer wall, and

      (11)  Detect the failure of the Inner wall

      (3)  External liners (including vaults)  must be designed, constructed,
 and installed to

      (1)  Contain 100 percent of the capacity of the largest tank within its
 boundary,

      (11)  Prevent the Interference of precipitation or ground-water intrusion
with  the ability to contain or detect a release of regulated substances, and

      (111)  Surround the tank completely (1 e., 1t 1s capable of preventing
 lateral as well as vertical  migration of regulated substances)
                                        22

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      (4)  Underground piping must  be  equioped with  secondary  containment  that
 satisfies the requirements of paragraph  (b)(l)  above  (e  g  , trench  liners,
 jacketing of double-walled pipe)    In addition, underground piping  that
 conveys regulated  substances under oressure must  be equipped  with an  automatic
 line  leak detector in accordance with §  280 44(a)

      (5)  Other methods of release detection may  be used if owners  and
 operators

      (i)  Demonstrate to the implementing agency  that an alternate  method can
 detect a release of the stored substance as effectively  as any of the methods
 allowed 1n §§ 280  43(b)-(h) can detect a release  of petroleum;

      (ii)  Provide  information to  the implementing  agency on  effective
 corrective action  technologies, health risks, and chemical and physical
 properties of the  stored substance, and the characteristics of the  UST site,
 and,

      (1n)  Obtain approval from the  imolementing agency to use the alternate
 release detection method before the installation  and operation of the new UST
 system

 § 280.43  Methods of release detection for tanks.

     Each method of release detection for tanks used to meet  the requirements
 of § 280 41 must be conducted 1n accordance with the following

      (a)  Inventory control   Product inventory control  (or another test of
 equivalent performance)  must be conducted monthly to detect a release of at
 least 1 0 percent of flow-through  plus 130 gallons  on a monthly basis in the
 following manner

     (1)  Inventory volume measurements for regulated substance inputs,
withdrawals, and the amount still  remaining in the  tank are recorded each
 operating day,

     (2)  The equipment  used is capable of measuring the level of product over
 the full range  of the tank's height to the nearest one-eighth of an inch,

     (3)  The regulated  substance  Inputs are reconciled with delivery receipts
 by measurement  of the tank inventory volume before and after delivery,

     (4)  Deliveries are made through a drop tube that extends to within one
 foot of the tank bottom,

     (5)  Product dispensing is metered and recorded within the local
 standards for meter calibration or an accuracy of 6 cjbic inches for e/e*-y 5
gallons of product withdrawn, and

     (6)  The measurement of any water level  in the bottom of  the tank is made
 to the nearest  one-eighth of an inch at least  once a month.

     (Note   Practices described in the American Petroleum Institute
 Publication 1621, "Recommended  Practice for Bulk Liquid Stock  Control  at


                                        23

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Retail Outlets," may be used, where applicable,  as guidance  in meeting  the
requirements of tnis paragraoh  ]

      (b)  Manual tank gauging   Manual tank gauging must meet the  following
requirements

      (1)  Tank liquid level measurements are taken at the beginning  and  ending
of a  period of at least 36 hours during which no  liquid is added to  or  removed
from  the tank,

      (2)  Level measurements are based on an average of two  consecutive  stick
readings at both the beginning and ending of the  period,

      (3)  The equipment used is capable of measuring the level of  product over
the full range of the tank's height to the nearest one-eighth of an  inch,

      (4)  A leak is suspected and subject to the  requirements of Subpart E if
the variation between beginning and ending measurements exceeds the  weekly or
monthly standards in the following table

        Nominal               Weekly Standard     Monthly Standard
     Tank Capacity              (one test)    (average of four tests)

     550 gallons or less         10 gallons           5 gallons
     551-1,000 gallons           13 gallons           7 gallons
     1,001-2,000 gallons         26 gallons          13 gallons

     (5)  Only tanks of 550 gallons or less nominal capacity may use this as
the sole method of release detection   Tanks of 551 to 2,000 gallons may use
the method 1n place of manual inventory control in § 280 43(a)   Tanks of
greater than 2,000 -gallons nominal capacity may not use this method  to meet
the requirements of this subpart

     (c)  Tank tightness testing   Tank tightness testing (or another test of
equivalent performance)  must be capable of detecting a 0 1 gallon per hour
leak rate from any portion of the tank that routinely contains product while
accounting for the effects of thermal  expansion or contraction of the product,
vapor pockets, tank deformation, evaporation or condensation, and the location
of the water table

     (d)  Automatic tank gauging   Equipment for  automatic tank gauging that
tests for the loss of product and conducts inventory control  must meet the
following requirements

     (1)  The automatic product level  monitor test can detect a 0 2 gallon per
hour leak rate from any portion of the tank that routinely contains product,
and

     (2) Inventory control (or another test of equivalent performance) is
conducted in accordance with the requirements of § 280 43(a)

     (e)  Vapor monitoring   Testing or monitoring for vapors within the soil
gas of the excavation zone must meet the following requirements
                                        24

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      (1)   The  materials  used  as  backfill  are  sufficiently porous (e g ,
 gravel,  sand,  crushed  rock) to readily  allow  diffusion  of vapors from releases
 into  the  excavation  area,

      (2)   The  stored regulated substance,  or  a  tracer compound  placed in  the
 tank  system, is  sufficiently  volatile  (e  g ,  gasoline)  to result in a vapor
 level that 1s  detectable by the  monitoring devices  located  in the excavation
 zone  in the event of a release from the tank,

      (3)   pie  measurement of  vapors by the monitoring device is not rendered
 Inoperative by the ground water, rainfall,  or soil  moisture or  other known
 interferences  so that a release  could go  undetected for more than 30 days,

      (4)   The  level of background contamination  in  the  excavation zone will
 not interfere  with the method used to detect releases from the  tank,

      (5)   The  vapor monitors  are designed  and operated  to detect any
 significant increase in concentration above background  of the regulated
 substance  stored in the tank  system, a component or components  of that
 substance, or  a tracer compound  placed in  the tank  system,

      (6)   In the LIST excavation  zone, the  site  is assessed to ensure
 compliance with the requirements in paragraphs  (e)(l)-(4) of this section and
 to establish the number and positioning of monitoring wells that will detect
 releases within the excavation zone from any portion of the tank that
 routinely  contains product, and

      (7)  Monitoring wells are clearly marked and secured to avoid
 unauthorized access and tampering
            %
      (f)  Ground-water monitoring   Testing or monitoring for liquids on the
 ground water must meet the following requirements

      (1)  The regulated substance stored is immiscible  in water  and  has a
 specific gravity of less than one,

      (2)  Ground *atar is never more than 20 feet from the grourd surface and
 the hydraulic conductivity of the soll(s) between the LIST system  and the
monitoring wells or aevices is not less than 0 01 on/sec (e g ,   the soil
 should consist of gravels, coarse to medium sands, coarse silts   or other
 permeable materials),

      (3)  The slotted portion of the monitor,ng well casing must be designed
 to prevent migration of natural  soils or filter pack into the well and to
 allow ent^y of regulated substance on the water table into tne  well under both
 high and low grourd-water condi^ons,

      (4)  Monitoring wells shall  be sealed from the ground surface to the too
of the filter pack,

      (5)  Monitoring wells or devices intercept the excavation  zone or are as
close to 1t as  is technically  feasible,
                                        25

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      (6)  The continuous monitoring  devices  or  manual  methods  used can detect
 the presence of  at  least one-eighth  of  an  inch  of  free product on too of tne
 ground water in  the monitoring wells,

      (7)  Within and  immediately  below  the LIST  system  excavation zone, the
 site  is assessed to ensure compliance with the  requirements  1n paragraphs
 (0(l)-(5) of this  section and to establish  the number and positioning of
 monitoring wells or devices that  will detect releases  from any portion of the
 tank  that routinely contains product, and

      (8)  Mpn1tor1ng wells are clearly  marked and  secured to avoid
 unauthorized access and tampering

      (g)  Interstitial monitoring   Interstitial monitoring between  the LIST
 system and a secondary barrier immediately around  or beneath 1t may  be used,
 but only if the  system is designed,  constructed and installed  to detect a leak
 from  any portion of the tank that routinely  contains product and also meets
 one of the following requirements

      (1)  For double-walled LIST systems, the  sampling  or testing method can
 detect a release through the inner wall in any  portion  of the  tank that
 routinely contains  product,

      (Mote*  The provisions outlined in the Steel  Tank  Institute's "Standard
 for Dual Wall Underground Storage Tanks" may be used as guidance for  aspects
 of the design and construction of underground steel double-walled  tanks ]

      (2)  For LIST systems with a  secondary barrier within the  excavation  zone,
 the sampling or testing method used can detect  a release between the  LIST
 system and the secondary barrier,

      (1)  The secondary barrier around or  beneath  the LIST system consists  of
 artificially constructed material that is  sufficiently thick and  impermeable
 (at least 10"e cm/sec for the regulated substance  stored) to direct a  release
 to the monitoring point and permit Its detection,

      (ii)   The barrier is compatible with  the regulated substance  stored  so
that a release from the LIST system will not cause  a deterioration  of  the
barrier allowing a release to pass through undetected,

      (111)  For cathodically protected tanks, the  secondary barrier must be
 installed so that it does not interfere with the proper operation  of the
cathodic protection system,

      (1v)   The ground water,  soil moisture, or  rainfall will  not render the
 testing or sampling method used inoperative so  that a release could go
undetected for more than 30 days,

      (v)  The site is assessed to ensure that the  secondary barrier is  always
 above the ground water and not in a 25-year flood plain, unless  the barrier
 and monitoring designs are for use under such conditions, and,

      (v1)   Monitoring wells are clearly marked and secured to avoid
unauthorized access and tampering


                                        26

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      (3)   For tanks  *nth  an internally fitted liner,  an automated device can
 detect a  release  between  the inner wall  of the tank and the liner, ana the
 liner is  compatible  with  the substance stored

      (h)   Other methods    Any other type of release detection method,  or
 combination  of methods, can be used if

      (i)   It can  detect a 0 2 gallon per hour leak  rate or a release of 150
 gallons within a  month with a probability of detection  of 0 95 and a
 probability  of false alarm of 0 05,  or

      (ii)  The implementing agency  may approve another method if the owner and
 operator  can demonstrate  that the  method can detect a release as effectively
 as any of  the methods allowed in paragraphs (c)-(h)  In comparing methods,
 the  implementing  agency shall  consider the size  of  release that the method can
 detect and the frequency  and  reliability with which it  can be detected   If
 the  method is approved, the owner  and operator must comply with any conditions
 imposed by the implementing agency on its use to ensure the protection of
 human  health and  the environment

 § 280.44  Methods of release  detection for piping.

     Each method  of  release detection for piping used to meet the  requirements
 of § 280 41  must  be  conducted  in accordance with the  following

      (a)  Automatic  line  leak  detectors    Methods which alert the  operator to
 the  presence of a leak by  restricting or shutting off the flow  of  regulated
 substances through piping  or  triggering  an audible  or visual  alarm may be used
 only if they detect  leaks  of  3  gallons per hour  at  10 pounds  per square inch
 line pressure within 1 hour  An annual  test  of  the operation of the leak
 detector must be  conducted  in  accordance with  the manufacturer's requirements

     (b)  Line tightness testing   A  periodic  test  of piping  may be conducted
 only if it can detect a 0  1 gallon per hour  leak rate at  one  and one-half
 times  the operating  pressure

     (c)  Applicable tank methods   Any  of  the methods  in  § 280  43(e)-(h)  may
 be used if they are designed to  detect a  release from any  portion  of the
 underground  piping that routinely contains  regulated  substances

 § 280  45  Release detection recordkeeping

     All LIST system owners  and operators must maintain  records  in  accordance
 with § 280 34 demonstrating compliance with all  applicable requirements of
 this Subpart   These records must  include  the following

     (a)  All written performance claims pertaining to  any release detection
 system used, and the manner in which  these claims have  been justified or
 tested by the equipment manufacturer or  installer, must be maintained for  5
years, or for another reasonable period of time determined by the  implementing
 agency, from the date of installation,
                                        27

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      (b)  The results of any  samoling,  testing, or mom ton ng must  be
•naintained for at least 1 year, or for  another reasonable period  of time
determined by the implementing agency,  except that the results of tank
tightness testing conducted 1n accordance with § 280 43(c) must be  retained
until the next test  is conducted, and

      (c)  Written documentation of all  calibration, maintenance,  and repair of
release detection equipment permanently located on-site must be maintained  or
at least one year after the servicing work 1s completed, or for another
reasonable rtime period determined by the implementing agency   Any  schedules
of required calibration and maintenance provided by the release detection
equipment manufacturer must be retained for 5 years from the date of
Installation

Subpart E — Release Reporting, Investigation, and Confirmation

§ 280.50  Reporting of suspected releases

     Owners and operators of LIST systems must report to the implementing
agency within 24 hours, or another reasonable time period specified by the
Implementing agency, and follow the procedures 1n § 280 52 for any  of the
following conditions

     (a)  The discovery by owners and operators or others of released
regulated substances at the UST site or 1n the surrounding area (such as the
presence of free product or vapors 1n sotls, basements, sewer and utility
lines, and nearby surface water)

     (b)  Unusual operating conditions observed by owners and operators (such
as the erratic behavior of product dispensing equipment,  the sudden loss of
product from the UST system, or an unexplained presence of water  in the tank),
unless system equipment 1s found  to be defective but not leaking,  and 1s
Immediately repaired or replaced, and,

     (c)  Monitoring results from a release detection method required under
§ 280 41 and § 280 42 that Indicate a release may have occurred unless

     (1)  The monitoring device 1s found to be defective, and 1s  Immediately
repaired, recalibrated or replaced, and additional  monitoring does not confirm
the Initial  result,  or

     (2)  In the case of inventory control, a second month of data does not
confirm the initial  result

§ 280.51 Investigation due to off-site Impacts

     When required by the Implementing agency, owners and operators  cf US"
systems must follow the procedures in § 280 52 to determine if the UST system
is the source of off-site impacts   These impacts include the discovery of
regulated substances (such as  the presence of free  product or vapors in soils,
basements, sewer and utility lines, and nearby surface and drinking  waters)
that has been observed by the  implementing agency or brought to its  attention
by another party
                                        28

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 §  280.52   Release  investigation  and  confirmation  steps.

     Uniess corrective action  is  initiated  in  accordance  with  Subpart  F,
 owners and operators must  immediately  investigate and  confirm  all  suspected
 releases of regulated substances  requiring  reporting under  § 280  50  within  7
 days, or another reasonable time  period  specified by the  implementing  agency,
 using either the following steps  or  another procedure  approved by  the
 implementing agency

     (a)  System test   Owners and operators must conduct tests  (according to
 the requirements for tightness testing in § 280 43(c)  and § 280 44(b))  that
 determine whether  a leak exists in that  portion of the tank that routinely
 contains product,  or the attached delivery  piping, or  both

     (1)  Owners and operators must  repair, replace or upgrade the LIST  system,
 and begin corrective action 1n accordance with Subpart F  if the test results
 for the system, tank, or delivery piping Indicate that a  leak  exists

     (2)  Further  investigation is not required if the test results  for the
 system, tank, and delivery piping do not indicate that a  leak  exists and  if
 environmental contamination is not the basis for  suspecting a  release

     (3)  Owners and operators must conduct a site check  as described in
 paragraph (b) of this section 1f the test results for the system, tank, and
 delivery piping do not indicate that a leak exists but environmental
 contamination Is the basis for suspecting a release

     (b)  Site check   Owners and operators must  measure  for the presence of a
 release where contamination is most  likely to be  present  at the UST site   In
 selecting sample types, sample locations., and measurement methods, owners and
 operators must consider the nature of the stored  substance, the type of
 Initial alarm or cause for suspicion, the type of backfill, the depth of
 ground water, and other factors appropriate for identifying the presence and
 source of the release

     (1)  If the test results for the excavation  zone or the LIST site indicate
 that a release has occurred,  owners and operators must begin corrective action
 1n accordance with Subpart F,

     (2)  If the test results for the excavation zone or the UST site do not
 indicate that a release has occurred, further investigation is  not required

 § 280.53  Reporting and cleanup of spills and overfills.

     (a)  Owners and operators of UST systems must contain and  immediately
clean up a spill or overfill  and report to  the implementing agency within 24
hours,  or another reasonable  time period  specified by the imolementing  agency,
and begin corrective action in accordance with Subpart  F  in the following
cases

     (1)  Spill  or overfill  of petroleum that results  in a release to the
environment that exceeds  25 gallons or another reasonable amount specified by
the implementing agency,  or that causes a sheen on nearby surface water, and
                                        29

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      (2) Spill or overfill of a  hazardous  substance  that  results  in  a  release
to the environment  that equals or exceeas  its  reportaole  quantity  under  CERCLA
(40 CFR 302)

      (b) Owners and operators of LIST systems must contain and  immediately
clean up a spill or overfill of  petroleum  that is less  than  25 gallons or
another reasonable amount specified by the implementing agency, and  a  spill  or
overfill of a hazardous substance that is  less than  the reportable quantity
If cleanup cannot be accomplished within 24 hours, or another  reasonable time
period established by the implementing agency,  owners and operators  must
immediately, notify the implementing agency

      [Note   A release of a hazardous substance equal to  or  in excess of its
reportable quantity must also be reported  immediately (rather  than within 24
hours) to the National Response Center under sections 102 and  103 of the
Comprehensive Environmental Response, Compensation,  and Liability Act of 1980
and to appropriate state and local authorities under Title III of the
Superfund Amendments and Reauthorization Act of 1986 ]

Subpart F — Release Response and Corrective Action  for UST Systems  Containing
Petroleum or Hazardous Substances

§ 280.60  General.

     Owners and operators of petroleum or  hazardous  substance UST systems
must, in response to a confirmed release from  the UST System, comply with the
requirements of this subpart except for USTs excluded under § 280 10(b) and
UST systems subject to RCRA Subtitle C corrective action  requirements under
section 3004(u) of the Resource Conservation and Recovery Act, as amended

§ 280.61  Initial response.

     Upon confirmation of a release in accordance with  §  280 52 or after a
release from the UST system is Identified  1n any other manner, owners and
operators must perform the following initial response actions within 24 hours
of a release or within another reasonable period of time  determined by the
implementing agency

     (a)   Report the release to the implementing agency (e g , by telephone or
electronic mail),

     (b)   Take immediate action to prevent any further release of the
regulated substance into the environment, and

     (c)   Identify and mitigate fire,  explosion, and vapor hazards

§ 280 62  Initial abatement measures and site check

     (a)   Unless directed to do otherwise by the implementing agency, owners
and operators must perform the following abatement measures

     (1)   Remove as much of the regulated substance from the UST system as  is
necessary to prevent further release to the environment,
                                        30

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      (2)  Visually  inspect any  aboveground  releases  or  exposed  belowground
releases and prevent further migration of the  released  substance  into
surrounding soils and ground water,

      (3)  Continue  to monitor and mitigate  any additional  fire  and  safety
hazards posed by vapors or free product that have migrated  from the  LIST
excavation zone and entered into subsurface structures  (such  as sewers or
basements),

      (4)  Remedy hazards posed by contaminated soils that  are excavated  or
exposed as'a result of release confirmation, site investigation,  abatement, or
corrective action activities   If these remedies include treatment or disposal
of soils, the owner and operator must comply with applicable  state and local
requirements,

      (5)  Measure for the presence of a release where contamination  is most
likely to be present at the UST site, unless the presence and source of  the
release have been confirmed in accordance with the site check required by
§ 280 52(b) or the closure site assessment of § 280 72(a)   In  selecting
sample types, sample locations, and measurement methods, the owner and
operator must consider the nature of the stored substance, the  type of
backfill, depth to ground water and other factors as appropriate  for
identifying the presence and source of the release, and

      (6)  Investigate to determine the possible presence of free  product, and
begin free product removal as soon as practicable and in accordance with
§ 280 64

      (b)  Within 20 days after release confirmation, or within  another
reasonable period of time determined by the implementing agency,  owners and
operators must submit a report to the implementing agency summarizing the
Initial abatement steps taken under paragraph (a) and any resulting
information or data

§ 280.63  Initial site characterization.

     (a)  Uniess directed to do otherwise by the implement.ng agency, owners
and operators must assemble information about the site and the nature of the
release, including information gained while confirming the release or
completing the initial  abatement Treasures in §  280 60 and § 280 61   This
information must include, but is not necessarily limited to the following

     (1)  Data on the rature and estimated quantity of release,

     (2)  Data from available sources and/or site investigations ccncernrg
the following factors   surrounding  populations,  water quality,  use and
approximate locations of o/eT's potentially affected  by the release, subsurface
soil conditions, locations of subsurface  sewers,  climatological  conditions,
and land use,

     (3)  Results of the site check  required under § 280 62(a)(5), and

     (4)  Results of the free product investigations required  under
§ 280 62(a)(6),  to be used by owners and  operators  to determine  whether  free
product must be  recovered under §  280 64

                                       31

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      (b)  Within 45 days of  release  confirmation  or  another  reasonable
of time determined by the  implementing agency, owners  and operators must
submit the  information collected  in  compliance with  paragraph  (a) of  this
section to  the  implementing  agency in a manner that  demonstrates  its
applicability and technical  adequacy, or  in a format and according to the
schedule required by the implementing agency

§ 280.64  Free  product removal

     At sites where investigations under  § 280 62(a)(6) indicate  the  presence
of free product, owners and  operators must remove free product to the maximum
extent practicable as determined  by  the implementing agency while continuing,
as necessary, any actions  initiated  under §§ 280 61  through 280 63, or
preparing for actions required under §§ 280 65 through 280 66   In meeting the
requirements of this section, owners and operators must

     (a)  Conduct free product removal in a manner that minimizes the spread
of contamination into previously  uncontaminated zones by using recovery and
disposal techniques appropriate to the hydrogeologic conditions at the site,
and that properly treats, discharges or disposes of  recovery byproducts in
compliance with applicable local, state and federal  regulations,

     (b)  Use abatement of free product migration as a minimum objective for
the design of the free product removal system,

     (c)  Handle any flammable products in a safe and competent manner to
prevent fires or explosions, and

     (d)  Unless directed to do otherwise by the implementing agency, prepare
and submit to the implementing agency, within 45 days after confirming a
release, a free product removal report that provides at least the following
information

     (1)  The name of the person(s)  responsible for  implementing the  free
product removal measures,

     (2)  The estimated quantity, type, and thickness of free product observed
or measured in wells, boreholes, and excavations,

     (3)  The type of free product recovery system used,

     (4)  Whether any discharge will  take place on-site or off-site during the
recovery operation and where this discharge will  be located,

     (5)  The type of treatment applied to, and the effluent  quality expected
from, any discharge,

     (6)  The steps that have been or'are being taken to obtain necessary
permits for any discharge,  and

     (7)  The disposition of the recovered free product.

§ 280.65  Investigations for soil and ground-water cleanup


                                        32

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      (a)   In order to determine  the  full  extent  ana  location  of  sons
contaminated by the release and  the  presence  and concentrations  of  dissolved
product contamination in the ground  water, owners  and  operators  must conduct
investigations of the release, the release site, and the  surrounding area
possibly affected by the release  if  any of the following  conditions exist

      (1)  There is evidence that  ground-water wells have  been affected  by  the
release (e g , as found during release confirmation or previous  corrective
action measures),

      (2)  free product 1s found to need recovery in compliance with § 280  64,

      (3)  There is evidence that  contaminated soils may be in contact with
ground water (e g , as found during  conduct of the initial response measures
or investigations required under  §§  280 60 through 280 64), and

      (4)  The implementing agency requests an investigation, based  on the
potential effects of contaminated soil or ground water on nearby surface water
and ground-water resources

      (b)  Owners and operators must  submit the information collected under
paragraph (a) of this section as  soon as practicable or in accordance with a
schedule established by the implementing agency

§ 280.66  Corrective action plan.

      (a)  At any point after reviewing the information submitted in compliance
with § 280 61 through § 280 63, the  implementing agency may require owners and
operators to submit additional  information or to develop and submit a
corrective action plan for responding to contaminated soils and ground
water   If a plan is required,  owners and operators must submit the plan
according to a schedule and format established by the implementing  agency
Alternatively,  owners and operators may, after fulfilling the requirements of
§ 280 61 through § 280 63, choose to submit a corrective action plan for
responding to contaminated soil and ground water   In either case, owners  and
operators are responsible for submitting a plan that provides for adequate
protection of human health and  the environment as determined by the
implementing agency,  and must modify their plan as necessary to meet this
standard

      (b)  The implementing agency will approve the corrective action plan only
after ensuring  that implementation of the plan will adequately protect human
health, safety, and the environment   In making this determination,  the
implementing agency should consider the following factors as appropriate

     (1)  The physical  and chemical  characteristics of  the regulated
substance, including  its toxicity, persistence,  and potential  for migration,

     (2)  The hydrogeologic characteristics of the facility and  the
surrounding area,

     (3)  The proximity, quality, and current and future uses  of nearby
surface water and ground water,


                                        33

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      (4)  The  potential effects of  residual  contamination  on  nearby  surface
water and ground water,

      (5)  An exposure assessment, and

      (6)  Any  information assembled  in compliance with this subpart

      (c)  Upon approval of the corrective action plan or as directed  by  the
implementing agency, owners and operators must  implement the  plan, including
modificatipns to tra plan made by the implementing  agency   They must monitor,
evaluate, and report the results of  implementing the plan  in  accordance  with  a
schedule and in a format established by the  implementing agency

      (d)  Owners and operators may,  in the interest of minimizing
environmental contamination and promoting more  effective cleanup, begin
cleanup of soil and ground water before the  corrective action plan is approved
provided that they

     (1)  Notify the implementing agency of  their intention to begin  cleanup,

     (2)  Comply with any conditions imposed by the implementing agency,
including halting cleanup or mitigating adverse consequences  from cleanup
activities, and

     (3)  Incorporate these self-initiated cleanup measures in the corrective
action plan that is submitted to the implementing agency for approval

§ 280.67  Public participation.

     (a)  For each confirmed release that requires a corrective action plan,
the implementing agency must provide notice to the public by means designed to
reach those members of the public directly affected by the release and the
planned corrective action   This notice may include, but 1s not limited  to,
public notice in local newspapers, block advertisements, public service
announcements, publication in a state register, letters to individual
households, or personal  contacts by field staff.

     (b)  The implementing agency must ensure that site release information
and decisions concerning the corrective action plan are made available to the
public for inspection upon request

     (c) Before approving a corrective action plan,  the implementing agency
may hold a public meeting to consider comments on the proposed corrective
action plan if there is sufficient public interest,  or for any other reason

     (d)  The implementing agency must give public notice that complies with
paragraph (a) above if implementation, of an approved corrective action plan
does not achieve the established cleanup levels in the plan and termination of
that plan is under consideration by the implementing agency
                                        34

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Subpart G — Out-of-Service UST  Systems  and  Closure

§  280.70  Temporary closure

      (a)  When an UST system  is  temporarily  closed, owners  and  operators  must
continue operation and maintenance of corrosion protection  in accordance  *nth
§  280 31, and any release detection  in accordance with Subpart  D    Subparts  E
and F must be complied with if a release  is  suspected or confirmed    However,
release detection is not required as long as the UST system is  empty    The UST
system is empty when all materials have been removed using  commonly employed
practices io that no more than 2 5 centimeters (one inch) of residue, or  0 3
percent by weight of the total capacity of the UST system,  remain in  the
system

     (b)  When an UST system  is  temporarily closed for 3 months or  more,
owners and operators must also comply with the following requirements

     (1)  Leave vent lines open  and functioning, and

     (2)  Cap and secure all  other lines, pumps, manways, and ancillary
equipment

     (c)  When an UST system  is  temporarily closed for more than 12 months,
owners and operators must permanently close the UST system  1f it does not meet
either performance standards  in  § 280 20 for new UST systems or the upgrading
requirements in § 280 21, except that the spill and overfill equipment
requirements do not have to be met   Owners and operators must permanently
close the substandard UST systems at the end of thTs 12-month period  in
accordance with §§ 280 71-280 74, unless the implementing agency provides an
extension of the 12-month temporary closure period   Owners and operators must
complete a site assessment in accordance with § 280 72 before such  an
extension can be applied for

§ 280.71  Permanent closure and changes-in-service.

     (a)  At least 30 days before beginning either permanent closure or a
change-in-service under paragraphs (b)  and (c)  below,  or within another
reasonable time period determined by the implementing  agency, owners and
operators must notify the implementing  agency of their intent to permanently
close or make the change-in-service, unless such action is in response to
corrective action   The required assessment of  the excavation zone under
§ 280 72 must be performed after notifying the  implementing agency but before
completion of the permanent closure or  a change-in-service

     (b)  To permanently close a tank,  owners and  operators must empty and
clean it by removing  all  liquids and accumulated sludges    All  tanks taken out
of service permanently must also be either removed from the ground or filled
it with an inert solid material

     (c)  Continued use of an UST system to store  a non-regulated  substance is
considered a change-in-service   Before a change-in-service, owners  and
operators must empty  and clean the tank by removing all  liquid  and accumulated
sludge and conduct a  site assessment in accordance with § 280 72
                                        35

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      [Note   The following cleaning and closure procedures may be used  to
comply with this section

      (A)  American Petroleum Institute Recommended Practice 1604, "Removal and
Disposal of Used Underground Petroleum Storage Tanks",

      (B)  American Petroleum Institute Publication 2015, "Cleaning Petroleum
Storage Tanks",

      (C)  American Petroleum Institute Recommended Practice. 1631, "Interior
Lining of Underground Storage Tanks," may be used as guidance for compliance
with this section, and

      (D)  The National Institute for Occupational Safety and Health "Cr.tena
for a Recommended Standard   Working 1n Confined Space" may be used as
guidance for conducting safe closure procedures at some hazardous substance
tanks ]

§ 280.72  Assessing the site at closure or change-In-service

     (a)  Before permanent closure or a change-In-service 1s completed, owners
and operators must measure for the presence of a release where contamination
1s most likely to be present at the UST site   In selecting sample types,
sample locations, and measurement methods, owners and operators must consider
the method of closure, the nature of the stored substance, the type of
backfill, the depth to ground water, and other factors appropriate for
Identifying the presence of a release   The requirements of this section are
satisfied 1f one of the external release detection methods allowed 1n
§ 280 43(e) and (f)s 1s operating 1n accordance with the requirements in
§ 280 43 at the time of closure, and Indicates no release has occurred

     (b)  If contaminated soils, contaminated ground water, or free product as
a liquid or vapor 1s discovered under paragraph (a), or by any other manner,
owners and operators must begin corrective action 1n accordance with
Subpart F

§ 280.73  Applicability to previously closed UST systems

     When directed by the Implementing agency, the owner and operator of an
UST system permanently closed before (Insert date 90 days after publication
date of this rule)  must assess the excavation zone and close the UST system in
accordance with this Subpart if releases from the UST may,  1n the judgment of
the Implementing agency, pose a current or potential  threat to human health
and the environment

§ 280.74  Closure records.

     Owners and operators must maintain records In accordance with § 280 34
that are capable of demonstrating compliance with closure requirements under
this Subpart   The results of the excavation zone assessment required in
§ 280 72 must be maintained for at least 3 years after completion of permanent
closure or change-In-service in one of the following ways

     (a)  By the owners and operators who took the UST system out of service,


                                        36

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     (b)  By the current owners and operators of  tne LIST  system  site,  or

     (c)  By mailing these records to the implementing agency  if they  cannot
be maintained at the closed facility
                                        37

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 Tar* WWriffieatfon No. («.*. ABC «% or
                            Tank No.
Tank No.
Tin* No.  I   Tank No.  I   Tank No.
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    Ptrmanontfy Out of Us*
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                                                                                          CZJ
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                                   Pnnopai CEKO Suostanct
                                          OM
              CAcmical Abstract S4fv<» (CAS) No
     Mark Oox 9 if tank starts a miatur* o< sufistanen
                                   4. Unknown
 S. Additional Information (for lank* pxinamndy
   taJwn out ol s«rnc«)
                «. Eatimattd date last u«d(mo/yr)
  fe. Esnmattd quantity o< suostanca ftmammg (gal )
    «. Mark DOB O if tank WM filted wiift m«rt material
                                sand.eoncrtt«|
IP* form 7MO-I <1t-*9J ^wjrn

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)wner  Name (from Section I)  ________ Location (from Section II)  _______________ Page No   __ of  	 °«ge




                    VII    CERTIFICATION OF COMPUANCS (COMPLETE FOR  ALL NErf TANKS AT THIS LOCATION)







0    Installation (mark  all  that apply)




    /   /   The Installer has been certified by  the tank  and  piping manufacturers




    /   /   Tti« Installer has been certified or  licensed  by the Implement ing agency




    /   /   The installation  has been  inspected  and certified by  a  registered professional  engineer




    /   /   The Installation  has been  Inspected  and approved  by the Implementing agency




    /   /   All  work  listed on the Manufacturer's  installation checklists has been completed




    /	/   Another method  was used as  allowed by  the  implementing  agency   Please specify
1   Release Detection  (mark  all  that apply)




    /   /   Manual  tank  gauging




    /   /   Tank  tightness testing  »ith  inventory  controls




    /   /   Automatic  tank gauging




    /   /   Vapor monitoring




    /   /   Sround-«ar«r monitoring




    /   /   Interstitial monitoring «itni(t a  secondary barrier




    /   /   Interstitial monitoring »ithm secondary containment




    /   /   Automatic  NIK  leak  detectors




    /   /   Cine  tfgntnmss *«stlng




    /	/   Another me'hod allowed  by the  i«pI emeut,nq agency   Please specify

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'   Corrosion Protection  (If applicable)

   /   /   A*  specified  for coated steel tanks with  cathodic protection

   /   /   As  specified  for coated steel pi9109 with cathodic protection

   /   /   Another method allowed by the implementing agency   Please specify
    I h«we  financial responsibility in accordance with Subpar* I   Please specify

   Method   _____________________________________

    Insurer   	
   Pa 11cy Number
   OATH   I certify that the Information concerning  Installation provided In Item 10 is true to
          the best of *y belief and Knowledge

   Installer   _____________________________        ____________________
                              Name                                              Date
                                                          Position
                                                          Company

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          APPENDIX II - LIST OF AGENCIES DESIGNATED TO RECEIVE NOTIFICATIONS

 Alabama  (EPA Form)
 Alabama Department of Environmental
      Management
 Ground Water Section/Water Division
 1751 Congressman W L  Dickinson Drive
 Montgomery,  Alabama  36130
 205/271-7823

 Alaska (EPA  form)
 Department of Environmental  Conservation
 Box  0
 Juneau,  Alaska  99811-1800
 970/465-2653

 American Samoa (EPA  Form)
 Executive Secretary
 Environmental  Quality  Commission
 Office of the  Governor
 American Samoan  Government
 Pago  Pago, American  Samoa  96799
 Attention.   UST  Notification

 Arizona  (EPA Form)
 Attention   UST  Coordinator
 Arizona  Department of  Environmental Quality
 Environmental  Health Services
 2005  N   Central
 Phoenix,  Arizona  85004

 Arkansas  (EPA  Form)
 Arkansas  Department of Pollution
      Control  and  Ecology
 P 0   Box  9583
 Little Rock,  Arkansas  72219
 501/562-7444

 California (State Form)
 Executive Director
 State Water Resources Control Board
 P 0   Box  100
 Sacramento,  California  95801
 916/445-1533

 Colorado  (EPA Form)
 Section Chief
 Colorado Department of Health
Waste Management Division
Underground  Tank Program
4210 East llth Avenue
Denver, Colorado  80220
 303/320-8333
                                     II-l

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 Connecticut  (State  Form)
 Haiardous Materials Management  Unit
 Department of  Environmental  Protection
 State Office Building
 165  Capitol Avenue
 Hartford, Connecticut  06106

 Delaware (State Form)
 Division of Air and Waste Management
 Department of  Natural Resources and
  Environmental Control
 P 0  Box 1401
 89 Kings Highway
 Dover, Delaware  19903
 302/726-5409

 District of Columbia (EPA Form)
 Attention   LIST Notification Form
 Department of  Consumer and Regulatory
   Affairs
 Pesticides and Hazardous Waste  Management
   Branch
 Room 114
 5010 Overlook Avenue, SW
 Washington, D.C   20032

 Florida (State Form)
 Florida Department of Environmental Regulation
 Solid Waste Section
 Twin Towers Office Building
 2600 Blair Stone Road
 Tallahassee,  Florida  32399
904/487-4398

Georgia (EPA  Form)
Georgia Department of Natural Resources
 Environmental  Protection Division
Underground Storage Tank Program
 3420 Norman Berry Drive, 7th Floor
Hapeville,  Georgia  30354
 404/656-7404

Guam (State Form)
Administrator
Guam Environmental  Protection Agency
 P 0  Box 2999
Agana,  Guam  96910
Overseas Operator (Commercial call 646-8863)
                                     II-2

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 Hawaii (EPA Form)
 Administrator, Hazardous Waste Program
 645 Halekauwila Street
 Honolulu,  Hawaii  96813
 808/548-2270

 Idaho (EPA Form)
 Underground Storage Tank Coordinator
 Water Quality  Bureau
 Division of Environmental  Quality
 Idaho Department of Health and Welfare
 450 W  State Street
 Boise,  Idaho  83720
 208/334-4251

 Illinois (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)
 Underground  Storage  Tank Program
 Office  of  Environmental  Response
 Indiana Department of Environmental
   Management
 105 South Meridian Street
 Indianapolis, Indiana   46225

 Iowa  (State  Form)
 UST Coordinator
 Iowa Department  of Natural Resources
 Henry A  Wallace Building
900 East Grand
 Des Moines,  Iowa  50219
 512/281-8135

 Kansas  (EPA Form)

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 Louisiana (State Form)
 Secretary,  Louisiana Department of
    Environmental  Quality
 P  0  Box  44066
 Baton Rouge,  Louisiana  70804
 501/342-1265

 Maine (State  Form)
 Attention  Underground Tanks Program
 Bureau of Oil and Hazardous  Material  Control
 Department  of Environmental  Protection
 State House'- Station 17
 Augusta,  Maine  04333

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

 Massachusetts (EPA Form)
 UST Registry, Department of  Public Safety
 1010  Commonwealth Avenue
 Boston, Massachusetts  02215
 617/566-4500

 Michigan  (EPA Form)
 Michigan  Department of State  Police
 Fire  Marshal Division
 General Office Building
 7150  Harris Drive
 Lansing,  Michigan  48913

 Minnesota (State Form)
 Underground Storage Tank Program
 Division of Solid and Hazardous Wastes
Minnesota Pollution Control Agency
 520 West  Lafayette Road
St. Paul,  Minnesota  55155

Mississippi (State Form)
 Department of Natural Resources
Bureau of Pollution Control
Underground Storage Tank Section
 P 0  Box  10385
Jackson, Mississippi  39209
601/961-5171

Missouri  (EPA Form)
UST Coordinator
Missouri Department of Natural Resources
P 0  Box  176
Jefferson City,  Missouri  65102
 314/751-7428
                                     II-4

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 Montana (EPA Form)
 Solid and Hazardous Waste Bureau
 Department of Health and Environmental
   Science
 Cogswell  Bldg  - Room B-201
 Helena, Montana  59620

 Nebraska (EPA Form)
 Nebraska State Fire Marshal
 P 0  Box  94677
 Lincoln,  Nebraska  68509-4677
 402/471-9465

 Nevada (EPA Form)
 Attention   LIST Coordinator
 Division  of Environmental  Protection
 Department of Conservation and  Natural
   Resources
 Capitol Complex 201 S  Fall  Street
 Carson City,  Nevada  89710
 800/992-0900,  Ext  4670
 702/885-4670

 New Hampshire (EPA Form)
 NH  Dept   of Environmental  Services
 Water  Supply  and  Pollution Control Division
 Hazen  Drive
 P 0 Box  95
 Concord,  New  Hampshire  03301
 Attention.  UST Registration

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

 New Mexico  (EPA Form)
 New Mexico  Environmental Improvement
  Division
 Groundwater/Hazardous Waste Bureau
 P 0  Box 968
 Santa  Fe, New Mexico  87504
 505/827-2933

 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
                                     II-5

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 North Carolina (EPA  Form)
 Division  of  Environmental  Management
 Ground-Water Operations  Branch
 Department of Natural  Resources  and
   Community  Development
 P  0   Box  27687
 Raleigh,  North  Carolina  27611
 919/733-3221

 North Dakota (State  Form)
 Division  of  Hazardous  Management
   and Spec/a! Studies
 North Dakota Department  of Health
 Box 5520
 Bismarck, North Dakota  58502-5520

 Northern  Mariana Islands (EPA Form)
 Chief, Division of Environmental Quality
 P  0   Box  1304
 Commonwealth of Northern Mariana Islands
 Salpan, CM   96950
 Cable  Address   Gov  NMI Salpan
 Overseas  Operator   6984

 Ohio  (State  Form)
 State  F1re Marshal's Office
 Department of Commerce
 8895  E  Main Street
 Reynoldsburg, Ohio  43068
 State  Hotline.  800/282-1927

 Oklahoma  (EPA Form)
 Underground Storage Tank Program
 Oklahoma Corporation Comm
 J1m Thorpe Building
 Oklahoma City, Oklahoma  73105

Oregon (State Form)
 Underground Storage Tank Program
 Hazardous and Solid Waste Division
 Department of Environmental Quality
311 S rf  Sixth Avenue
 Portland, Oregon  98204
 503/229-5788

 Pennsylvania (EPA Form)
 PA Department of Environmental  Resources
 Bureau of Water Quality Management
Ground Water Unit
9th Floor Fulton Building
 P 0  Box 2063
Harrisburg, Pennsylvania  17120
                                     11-6

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 Puerto R1co (EPA Form)
 Director,  Water Quality Control  Area
 Environmental  Quality  Board
 Commonwealth of Puerto  Rico
 Santurce,  Puerto Rico
 809/725-0717

 Rhode  Island (EPA Form)
 UST  Registration
 Department  of  Environmental  Management
 83 Park Street
 Providence, Rhode Island  02903
 401/277-2234

 South  Carolina (State Form)
 Ground-Water Protection Division
 South  Carolina Department of Health  and
  Environmental  Control
 2600 Bull Street
 Columbia, South  Caronna  29201
 803/753-5213

 South Dakota (EPA Form)
 Office of Water Quality
 Department of Water and Natural Resources
 Joe Foss Building
 Pierre, South Dakota  57501

 Te-nessee (EPA Form)
Tennessee Department of Health
  and Environment
 Division of Superfund Underground Storage
  Tank Section
 150 Ninth Avenue, North
Nashville, Tennessee  37219-5404
615/741-0690

Texas (EPA Form)
Underground Storage Tank Program
Texas Wate" Commission
P 0  Box 13087
Austin, Texas   73711

Utah (EPA Form)
Division of Environmental  Health
P 0  Box 45500
Salt Lake City, Utah  84145-0500

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 Vermont  (State  Form)
 Underground  Storage  TanK  Program
 Vermont  AEC/Waste Management  Division
 State Office Building
 Montpelier,  Vermont  05602
 802/828-3395

 Virginia (EPA Form)
 Virginia Water  Control Board
 P 0  Box 11143
 Richmond, Virginia  23230-1143
 804/257-6685

 Virgin Islands  (EPA Form)
 205(J) Coordinator
 Division  of  Natural Resources Management
 14 F Building 111, Watergut Homes
 Christianstead, St  Crolx,
  Virgin  Islands  00820

 Washington (State Form)
 Underground  Storage Tank Notification
 Solid and Hazardous Waste Program
 Department of Ecology, M/S PV-11
 Olympia, Washington  98504-8711
 206/459-6316

 West Virginia   (EPA Form)
 Attention:  UST Notification
 Solid and Hazadous Waste
 Ground Water Branch
West Virginia Department of Natural
  Resources
 1201 Sreenbriar Street
 Charleston, West Virginia  25311

Wisconsin (State Form)
 Bureau of Petroleum Inspection
 P.O. Box 7969
Madison. Wisconsin  53707
 608/266-7605

 Wyoaing (EPA Form)
Water Quality Division
Department of Environmental  Quality
Herschler Building,  4th Floor West
 122 West 25th Street
 Cheyenne, Wyoming 82002
 307/777-7781
                                     II-8

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Appendix III—Statement for Shipping Tickets and Invoices

     Mote.£A Federal law (the Resource Conservation and Recovery Act (RCRA),
as amended (Pub  L  98-616)) requires owners of certain underground storage
tanks to notify designated State or local  agencies by May 8, 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
November 8, 1985 (40 CFR Part 280)  to determine 1f you are affected by this
law.
                                    III-l

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