United States
             Environmental Protection
             Agency
Office of
Solid Waste and
Emergency Response
     oEPA
              DIRECTIVE NUMBER:   96io.i
              TITLE:  When is a Tank Considered to be Installed

              APPROVAL DATE:   November 1985
              EFFECTIVE DATE:   November 1985
              ORIGINATING OFFICE: OUST
              m FINAL
              D DRAFT
               STATUS:

              REFERENCE (other documents):
  OSWER     OSWER     OSWER
VE   DIRECTIVE  DIRECTIVE   Dl

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  &EPA
                                 United States Environmental Protection Agency
                                         Washington, DC 20460
                        OSWER Directive Initiation Request
                                                 Interim Directive Number
                                                   9610.1
                                             Originator Information
Name of Contact Person
        Steve Nacht
                                   Mail Code
                                       WH-562A
                                   Telephone Number
                                                382-7904
Lead Office
   D OERR
   D OSW
                  Lfil OUST
                  D OWPE
                                                               Approved for Review
Signature of Office Director
                     AA-OSWER
                            Date
Title
                    When  is a Tank Considered to  be Installed
Summary of Directive
                          Determination of the  date  an underground storage  tank
                    is  considered  to be  "installed"  for purposes of  the Interim
                    Prohibition.
Type of Directive (Manual, Policy Directive, Announcement, etc.)
           Policy Interpretation
                                                                      Status
                                                                         D Draft
                                                                         SI Final
                                                       CH New
                                                       II Revision
Does this Directive Supersede Previous Directive(s)?   |  | Yes
If "Yes" to Either Question. What Directive (number, title)
                                                    No   Does It Supplement Previous Directive(s)?   |  | Yes   fH No
Review Plan
   LJ AA-OSWER   [3 OUST
   D OERR        D OWPE
   D OSW        D Regions
                                      OECM
                                      OGC
                                      OPPE
                 D
Other (Specify!
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
    Mi
                                                                                    Date
Signature W OSWER Directives Officer
                                                                                    Date
EPA Form 1315-17 (10-85)

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                                                             9610.1
 \        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
  o    '  '
 - *                    WASHINGTON. O.C. 20460
                                                       OFFIC'E OP
                                              SOLID WASTE AND EMERGENT* P!'
MEMORANDUM
                                  FEB 10
SUBJECT:  When is a Tank Considered to be Installed?
FROM:     Stephen H.
          Office of Underground Storage Tanks

TO:       Ellen Siegler
          Office of General Counsel
THRU:     Ronald Brand, Director F~-
          Office of Underground Storage Tanks


     I have received a few inquiries regarding the point at which
a tank is considered to be "installed" for the purposes of the
Interim Prohibition.  In other words, if the excavation starts
May 5, the tank(s) is placed in the ground May 5, 6, or 7, the
piping work is completed between May 6 and 9, and the excavation
is closed May 10, was the tank(s) installed on May 5, 7, or 10?

     As a result of our phone conversation on February 7, we
decided that the tanks should be considered "installed" when the
first tank is placed into the excavation.  This interpretation
should prevent anyone from avoiding the Interim Prohibition by
beginning the excavation before May 7 and installing the tanks
afterward.  We should, perhaps, continue to discuss this issue as
it may affect the definition of when a tank is considered to be
"brought into use" for the purposes of the tank technical standards ,

     I hope this accurately reflects our conversation.  If not,
or if you wish to meet on this matter, please call me.

cc:  P. Hansen
     J. McCormick
     OUST Staff
     P. Cohn (WH-548D)
     E. Cox (LE-134S)

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