United States
Environmental Protection
Agency
oEPA
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9610.3
TITLE: Revisions and Additions to the Underground
Storage Tank (UST) Notification Definitions
APPROVAL DATE: May 02, 1986
EFFECTIVE DATE: May 02, 1986
ORIGINATING OFFICE: OUST
E FINAL
•• •• ••
D DRAFT
STATUS:
REFERENCE (other documents):
Clarification of the Definition of "Underground
Storage Tanks" - 9610.2
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
-------
&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9610.3
TITLE: Revisions and Additions to the Underground
Storage Tank (UST) Notification Definitions
APPROVAL DATE: May 02, 1986
EFFECTIVE DATE: May 02, 1986
ORIGINATING OFFICE: OUST
E FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
Clarification of the Definition of "Underground
Storage Tanks" - 9610.2
OS WER OS WER OS WER
/£ DIRECTIVE DIRECTIVE Dl
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United States Environmental Protection Agency
^ _ _ Washington, DC 20460
VfrEPA OSWER Directive Initiation Request
Originator Information
Name of Contact Person Mail Code Telephone Nu
Mary Decker WH-562-A
Lead Office C71 • Approved for Review
n____ i — i Signature of Office Director
OERR |_| OWPE /) fj 30 /
1 1 nQvu i — i AytioJML' &&**+-''
LJ OSW LJ AA-OSWER /\ril?*~~
Interim Directive Number
9610.3
mber 382-7989
Date / /
Title
Revisions and Additions to the Underground Storage Tank (UST)
Notification Definitions
Summary of Directive
This is an updated edition of the UST definitions sent out
April 4, 1986. Please note that new definitions concerning
"motor fuel", "on the premises where stored", non-operational
storage tank" and tanks taken out of operation have been added.
KEY WORDS: Petroleum Tanks, Motor Fuel Tanks, Heating Oil, Farm Tanks, Residential
Tanks
Septic Tanks, 9002(a)(l), 9002(a)(2), Questions and Answers
Type of Directive {Manual, Policy Directive. Announcement, etc.) Status
D Draft
Policy directive [T] Fjna|
CD New
1 1 Revision
Does this Directive Supersede Previous Directive(s)? [X] Yes [_) No Doe's It Supplement Previous Directive(s)? Q Yes ( ] No
If "Yes" to Either Question, What Directive (number, title)
9610.2 - Clarification of the Definition of "Underground Storage
Tanks"
Review Plan
D AA-OSWER C3 OUST D OECM D Other (Specify)
CD OERR CD OWPE CD OGC
D OSW CD Regions CD OPPE
This Request Meets OSWER Directives System Format
Signature of Lead Office Directives Officer
/ n ^p C/)
tt^-'^U^- 'O- /'Jl'f. f-^d -
Signature of QSWER Directives Officer
Date
Date '
EPA Form 1315-17(10-85)
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OSWER DIR. 9610.3
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAX 2 1986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Revisions and Additions to the Underground Storage
Tank (UST) Notification Definitions
FROM: Ronald Brand, Director f* ..-.-
Office of Underground Storage Tanks
TO: Addressees
Attached is an updated edition of the UST definitions sent
to you in early April. Please note that some of the definitions
have been clarified and new definitions concerning "motor fuel",
"on the premises where stored", "non-operational storage tank",
and tanks "taken out of operation" have been added. Though the
Agency heating oil definition is not yet available, information
on interpreting "heating oil for consumptive use" is given. A
series of notification Qs and As commonly encountered is also
included.
Regional UST Coordinators should forward this information to
designated State agencies and other State contacts as soon as
possible. We expect inguiries about notification to continue for
some time and this package of information will help those in the
field provide consistent answers for frequently asked questions.
Please direct questions concerning these or other terms to
Mary Decker (382-7989) of my staff, or Carrie Wehling (475-8067)
of the Office of General Counsel.
Attachments
Addressees: Regional UST Coordinators
Regional Counsels
Regional Administrators
Louise Wise
Carrie Wehling
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OSWER DIR. 9610.3
The following list of UST definitions
of Subtitle I. These definitions are
notification -reauirements and will be
regulations in the future.
is EPA's current interpretation
to be used in interpreting the
proposed as part of technical
LIST OF UST DEFINITIONS AND EXEMPTIONS
I. Under Section 9001 of the 1984 RCRA Amendments,
Underground Storage Tank means "any one or combination
of tanks (including underground pipes connected thereto)
which is used to contain an accumulation of regulated
substances and the volume of which (including the volume
of the underground pipes connected thereto) is 10 percent
or more beneath the surface of the ground."
Definition
tank is a stationary device which is constructed
primarily of non-earthen materials (e.g., wood, concrete,
steel, plastic) which provide structural support.
Discussion
The basis of this definition is the definition of tank
under Subtitle C of RCRA (40 CFR 260.10). . .
Under this definition, just about every type of container
unaer tnis aerinition, just aoouc every type or
(e.g., small metal boxes, underground sumps, and
f- a n \e c \ Wi~>ii1H Ho r>rinc! \ r\a voH t-anl^e This far-f- *-Viaf-
dump
tanks) would be considered tanks. The fact that they are
may not be of particular relevance
small or unusual tanks
small or unusual tanks may not be of particular relevance
when the issue is releases to proximate groundwater sources,
Definition
Discussion
2. used to contain an accumulation of regulated substances.
An underground storage tank that contains regulated
substances for any period of time, no matter how small
the amount, is within the jurisdiction of Subtitle I.
Fo-r the purposes of UST jurisdiction, there is no
"de minimus" or small guantities exclusion, although
such an exclusion is likely to be included in later
technical regulation of USTs.
Definition
3. pipes connected thereto
Connected piping includes all piping connected to a tank
system through which regulated substances flow. For the
purpose of determining how much piping is connected to
any individual tank, the piping which joins the two tanks
should be allocated egually between them.
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OSWER DIR. 9610.3
(2)
Discussion
The definition of connected pipinq addresses two issues
(1) where the connected pipinq begins, and (2) how the
connected piping should be allocated between tanks. To
be consistent with the RCRA Subtitle C tank rules, the
starting point of the "connected piping" is the point
at which the regulated substance is introduced into the
system.
This means that if there is an exempt tank between the
point of introduction and an underground storage tank,
the connected piping is allocated between them. Egual
allocation of piping between tanks is also the basis of
determining whether the volume of an individual tank is
10% or more beneath the surface of the ground.
Definition
4. beneath the surface of the ground
A tank is 10% or more beneath the surface of the ground
if its volume (including the volume of its connected
piping) is either (1) 10% or more below ground surface
or grade, or (2) 10% or more beneath ground s'urface or
otherwise covered with material so that expeditious
inspection is precluded.
Discussion
This definition addresses two situations in which a tank
would be considered to be underground. First, a tank
may be considered an underground storaqe tank even if
10% or more of its volume is not covered by ground
material as for example a tank that is in a below grade
containment area (such as a swimming pool or a ditch).
Second, if 10% or more of the tank volume is covered by
ground material, either below or above grade, the tank
is within UST jurisdiction. This means that tanks that
are above ground but mounded over with dirt (to comply
with local fire codes) are within UST jurisdiction.
II. The definition of underground storage tank excludes
nine types of tanks which would otherwise be subject
to UST regulation.
A. The first group of tanks excluded by the statute is
"farm or residential tanks of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial
purposes."
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OSWER DIR. 9610.3
3)
Definition
1. Farm tank is a tank located on a tract of land devoted
to the production of crops or raising animals, including
fish, and associated residences and improvements.
Discussion
The definition of farm is based upon that used by the
Internal Revenue Service in connection with tax exclusions
for farmers. To be exempt from UST jurisdiction, a farm
tank must be located on the farm property. "Farm" includes
fish hatcheries and rangeland. "Farm" does not include
laboratories where animals are raised, land used to grow
timber, or pesticide aviation operations.
Definition
Discussion
2. Residential tank is a tank which is located on property
primarily used for dwelling purposes.
The language of the exclusion indicates Congressional
intent to remove from UST jurisdiction small gasoline
tanks located on property used for dwelling purposes '-
(i.e., residential property). A private school storing
motor fuel on site for school buses would not be excluded
from UST jurisdiction because the primary use of the
property is not residential.
Definition
Discussion
3. Motor fuel is a petroleum based fuel used
of an engine used to propel a vehicle for
of people or cargo.
in the operation
transportation
Congressional intent indicates that motor fuel is dis-
tinguished from heating oil in exemptions (A) and (B).
Therefore, motor fuel refers to motor gasoline and
diesel fuel used to operate an engine used to propel
a vehicle for transportation purposes.
Definition
Discussion
4. Noncommercial purposes means where the motor fuel is
not for resale.
The exclusion is limited to motor fuel stored on farmland
or residential property and which is not for resale.
Tanks at gas stations located on "residential" or "farm"
property as defined above are not excluded because the
motor fuel is stored for resale.
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OSWER DIR. 9610.3
-4-
Defin ition
B. The second group of tanks excluded from UST jurisdiction
by statute is tanks used for storincj heating oil for
consumptive use on the premises where stored.
1. A complete interpretation of this exemption has not yet
been made by the Agency. However, USTs storing fuel
oil of any grade or type, including diesel fuel and
kerosene, used for space heating purposes will not be
reguired to notify. The Agency recommends that owners
notify if their tanks store fuel oil of any grade or type,
includina diesel fuel and kerosene, that is not used
primarily for space heating purposes.
Definition
Discussion
2. on the premises where stored means tanks located
on the same property where the stored heating oil
is to be used.
Tanks would be excluded if the oil stored were to be
used anywhere on the property, which could .be an
extensive area. "On the premises" is not limited to
the building where the heating oil is stored.
C.
The third
tank."
group of excluded tanks covers any "septic
Definition
Discussion
A septic tank is a water-tight covered receptacle designed
to receive or process, through liauid separation- or
biological digestion, the sewage discharged from a building
sewer. The effluent from such receptacle is distributed
for disposal through the soil. Settled solids and scum
are pumped out periodically and hauled to a treatment
facility for disposal.
The definition of septic tank is based on common and
technical usage. There are two issues which have been
raised with respect to the definition of "septic tank":
(1) does the septic tank exclusion include all septic
tanks or only residential ones? (2) does the exclusion
refer only to a septic tank or does it refer to the septic
system? Based on the history of this provision, the
"septic tank" exclusion applies to all septic tanks. In
addition, the entire septic system which may include other
types of tanks such as a distribution box, dosing tank, and
grease trap - is exempt.
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OSWER DIR. 9610.3
(5)
Definition
Discussion
D. The fourth exclusion covers any "pipeline facility"
(including gathering lines) regulated under (1) the Natural
Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et
sea.), (2) the Hazardous Liquid Pipeline Safety Act of
1979 (49 U.S.C. App. 2001, et seer.), or (3) which is an
intrastate pipeline facility regulated under State laws
comparable to the provisions of laws referred to above."
Pipeline facilities include without limitation, new and
existing pipe rights-of-way and any equipment, facility, or
building used in the transportation of gas (or hazardous
liguids, which includes petroleum and any other licuid
designated by the Secretary of Transportation) or the
treatment of gas or designated hazardous liquids during
the course of transportation.
This definition was borrowed from the Natural Gas Pipeline
Safety Act of 1968 and the Hazardous Liquid Pipeline Safety
, Act of 1979. "Pipeline facility" may also include any
such facility as defined and regulated under State laws
comparable to these two federal statutes.
Definition
E. The fifth exclusion covers any "surface impoundment, pit,
pond, or lagoon."
A 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).
Discussion
This definition was borrowed from Subtitle C (40 CFR 260.10
Because the statute uses the somewhat specialized Subtitle
C terms "surface impoundment, pit, pond, and lagoon" to
define this exclusion, it is likely that Congress also
intended to borrow the meaning of surface impoundment from
Subtitle C.
Examples of structures excluded from UST jurisdiction are
holding, storage, settling, and aeration pits, ponds, and
lagoons.
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OSWER DIR. 9610.3
(6)
F. The sixth exclusion covers a
collection system."
Definition
"storm water or waste water
A "stormwater or wastewater collection system" is defined
as pipinq, pumps, conduits and any other eauipment used to
receive and convey surface water runoff resultinq from
precipitation or domestic, commercial, and industrial
wastewater. The collection of stormwater or wastewater
must be directed towards conveyance, and does not include
storage or treatment of stormwater or wastewater
except where incidental to conveyance.
Discussion
Tanks associated with stormwater or wastewater sewer
systems are exempted under this definition. Tanks that are
part of wastewater collection systems at industrial facilities
are also excluded under this definition so lonq as the tanks
are primarily used for collection and conveyance of wastewater
or storm water. Tanks used for storage or treatment of
stormwater or wastewater not incidental to collection and •
conveyance, such as wastewater treatment tanks at industrial
facilities or municipal water treatment works, are not
excluded under this definition. Treatment incidental to
conveyance means there is no retention time for the purpose
of treatment and the tank/pipes subsequently empty into a
collection system. Acid neutralization tanks and oil/water
seperators are considered forms of treatment not incidental
to conveyance if the liquid is retained for treatment.
This definition excludes sumps when they are part of
stormwater/wastewater overflow or conveyance.
Definition
G. The -seventh exclusion covers any "flow-through process
tank."
A flow through process tank is a tank which forms an
integral part of a manufacturinq process and throuqh which
there is a steady or uninterrupted flow of materials
durinq operation of the manufacturinq process. The term
"flow throuqh process tank" does not include tanks used to
store regulated substances prior to their introduction
into the manufacturing operation, or to store regulated
substances as products or by-products from the manufacturing
process.
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OSWER DIR. 9610.3
Discussion
(7)
There are two key concepts associated with this term: (1)
"flow-throuqh" means steady or regular flow. That is, the
fluid level is subject to constant change during operation
of the process. (2) "process" means integral to manufacturing
process (as opposed to a process in the tank).
Concerning the first concept, defining "flow through" as
including regularly occurring flows as well as continuous
flows the use of a retention-time limitation
the grounds that this would be
on
was rejected
too complicated. The
on cne grounds mat cms wouia oe too complicated. in
dividing line between "flow through" and storage would
very difficult to determine.
be
Concerning the concept of "process", the only tanks that
are excluded as flow-through process tanks are those tanks
that are integral to the manufacturing process. This means
that tanks that hold raw materials prior to processing and
tanks holding products, byproducts, or wastes after the
processing may be subject to UST jurisdiction.
H. The eighth exclusion covers "liguid trap or associated
gathering lines directly related to oil or gas production
and gathering operations."
Definition
The liguid trap exclusion refers to tanks used for the
purpose of the collection and removal of water and other
liguid impurities from oil and gas during oil and gas
production operations and their attendant production lines.
Discussion
Although liguid traps are often used in activities other
than oil and gas production, the only type of liguid trap
excluded from UST jurisdiction under the statute is a
liguid trap used for the purpose of separating unused oil
and gas liguids from water at oil and gas producing
facilities.
However, not all tanks at oil and gas producing facilities
will gualify for this exclusion. For example, after removal
of oil in a liguid trap, the water (containing some oil
residue) may be stored prior to discharge. This oily water
would be subject to UST jurisdiction if stored in an under-
ground storage tank. Tanks associated with gas delivery
lines that connect the liguid trap to an underground storage
tank may be subject to the pipeline facilities exclusion.
(See definition of "pipeline facilities" above.)
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OSWER DIR. 9610.3
(8)
"Liquid traps" such as grease and oil traps at gas stations
as well as methane gas produced at landfills are not within
this exclusion and would be subject to UST jurisdiction.
Definition
I. The ninth exclusion covers "storage tanks situated in an
underground area (such as a basement, cellar, mine working,
drift, shaft or tunnel) if the storage tank is situated
upon or above the surface of the floor."
Underground area means an underground room, such as a base-
ment, cellar, shaft or vault, providing enough space for
external physical inspection of the tank situated on or
above the surface of the floor.
Discussion
This exclusion applies to "underground rooms" where tanks
are located on or above the floor surface. The purpose of
this exclusion is to remove from UST jurisdiction tanks
which are technically underground but which are in a
practical sense no different from above ground tanks. They
are situated so that, to the same extent as tanks above
ground, physical inspection for leakage is possible. Thus,
the requirement to be able to physically inspect the tank
for leakage is consistent with the purpose of this exclusion.
Tanks located in a below grade structural vault, cellar,
basement, mine or other underground room would be subject
to the UST exclusion as long as the tank sits on or above
the surface of the floor and there is sufficient space
to enable physical inspection of the tank.
III. Under Subtitle I non-operational storage tank is defined
as any underground storage tank in which a regulated substance
will not be deposited or from which a regulated substance
will"not be dispensed after November 8, 1984. We propose
that these non-operational tanks be divided into 3 groups:
1. Abandoned tanks (some regulated substances left in UST)
2. Inactive tanks (regulated substances in UST could be
used later)
3. Taken out of operation (closed according to acceptable
industry practices or emptied and properly cleaned)
The statute further states that "a tank taken out of operation on or
before January 1, 1974, shall not be reguired to notify ...". This
refers to tanks defined by #3 above only. Owners of abandoned and
inactive non-operational tanks should notify. Note that "non-
operational" is not equivlalent to "taken out of operation".
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OSWER DIR. 9610.3
Schematic for Determining Notification Responsibility
I. Is the underground storage tank (see definition) subject to the notification
requirements?
Did the tank ever hold a regulated substance? > No > No notification
Yes
Is the tank in the ground as of date notification due? > No > No notification
Yes
Was tank "taken out of operation"?
Notify 9002 (a)(l)
Yes
Was tank "taken out of operation" after 1973? > No
No
Notification
Yes
Notify 9002(a)(2)
II. If the tank is subject to the notification requirements (I above), who must notify?
Did the tank hold regulated substances on November 8, 1984?
Yes
Current owner (i.e., owner
of tank on date notification
is due) must notify.
No
Former owner (i.e., owner of tank on date
regulated substances removed from tank)
must notify.
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OSWER DIR. 9610.3
NOTIFICATION REQUIREMENTS FOR OWNERS OF UNDERGROUND STORAGE TANKS
QUESTIONS & ANSWERS
General Questions
Q. HOW DO WE RESPOND TO REQUESTS FOR REPRINTS FOR THE 11/8/85 FR NOTICE?
A. We will send them out. Staff members who send out the FR notice should
also ask caller if he wants to be on UST mailing list. If yes, fill
out a request form and give to June Taylor.*
Q. HOW DO WE RESPOND TO REQUESTS FOR THE NOTIFICATION FORM?
A. Suggest that people contact State for form because State may have an
addendum or other requirements that we're not aware of. If person
insists on receiving a form from us, send one out.
Q. HOW DO WE HANDLE QUESTIONS CONCERNING SPECIFIC ITEMS ON THE FORM?
(I.E., WHO IS AN OWNER'S AUTHORIZED REPRESENTATIVE?)
A. Suggest that people contact States for answers.
Q. WHAT DO WE DO WHEN PEOPLE FROM MARYLAND REQUEST FORMS OR HAVE
QUESTIONS CONCERNING THE FORM?
A. To the extent possible, we should provide copies of the form and
provide answers. Otherwise, refer caller to Region III (Dennis
Carney - 215/597-3182)
Q. HOW WILL DISTRIBUTION AND RECEIPT OF THE FORMS TO INDIAN LANDS WORK?
A. Regions will distribute forms directly to Indian lands for submission
back to the Regions. **
Q. WILL EACH STATE HAVE ITS OWN FORM FOR NOTIFICATION OF USTS?
A. 38 States will use the EPA form; 18 States will use State forms.
Q. HOW DOES EPA PLAN TO INFORM UST OWNERS OF THEIR RESPONSIBILITY
TO NOTIFY?
A. EPA will assist States in getting the word out by mailing to
Trade Associations various UST informational brochures, fact sheets,
etc.
We will have 200 photocopies of the FR notice available for
distribution to the public for immediate distribution. After
December 1, 1985 we will have 5,000 reprints available.
Regions will send out EPA form to all Indian reservations, even
those that are located in States that are using State forms.
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OSWER DIR. 9610.3
Ownership Questions
0. DO I HAVE TO NOTIFY IF I PURCHASED LAND WITH ABANDONED TANKS?
(WE NEVER USED TANKS AND DO NOT INTEND TO USE THEM.)
A. The current owner of an underground storage tank must provide
notification if tank was not "taken out of operation" prior
to 1/1/74 and the tank held regulated substances on 11/8/84.
A tank was "taken out of operation" if it was properly closed
or properly emptied and cleaned for reuse.
0. WHO NOTIFIES IF TANKS WERE ABANDONED BEFORE 1974?
A. [Only owners of tanks "taken out of operation" before 1/1/74
need not notify. "Taken out of operation" means the tank has
been closed according to acceptable industry practices or
emptied and properly cleaned. For tanks which have not been
"taken out of operation", the current owner must notify if the
abandoned tank held regulated substances on 11/8/84. If the
tank did not hold regulated substances on 11/8/84 then the
person who owned the tank at the tank at the time the regulated
substances were removed must notify.]
Q. WHAT IF OWNER THAT DISCONTINUED USE OF TANKS BEFORE 11/8/84 IS
DEAD?
A. No one is reguired to notify. If you know about a tank and
believe it contains regulated substances we encourage people
to notify. Mark ownership uncertain.
Q. WHO NOTIFIES IN THE EVENT WHERE THERE IS NO' CLEAR EVIDENCE OF
SALE OR TRANSFER. DOCUMENTATION HAS BEEN LOST OR DESTROYED.
A. We encourage people with an interest in tanks to notify without
necessarily admitting ownership.
Q. AN UST IS IN USE AFTER 11/8/84 BUT IS REMOVED FROM THE GROUND
PRIOR TO 5/8/86. DOES THE OWNER HAVE TO NOTIFY?
A. No. 5/8/86 is the latest date USTS can be removed so that the
tank is not subject to the UST notification reguirements.
Q. DO I HAVE TO NOTIFY IF I TOOK MY UST OUT OF OPERATION AND "CLOSED"
IT IN ACCORDANCE WITH LOCAL REQUIREMENTS? (IT WAS LEFT IN THE
GROUND AFTER NOVEMBER 8, 1984?)
AN UST THAT HAS STORED PETROLEUM IS FILLED WITH CONCRETE ON 4/1/85,
DOES THIS TANK HAVE TO BE REPORTED?
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OSWER DIR. 9610.3
A. Yes, only tanks removed from the ground prior to 5/8/86 or those
"taken out of operation" prior to 1974 do not require reporting.
Q. AN OWNER LEASES HIS LAND TO A COMPANY WHICH INSTALLS UNDERGROUND
STORAGE TANKS. WHO MUST NOTIFY, THE OWNER OF THE LAND OR THE OWNER
OF THE TANKS?
A. Owner of the tanks.
Q. AN OWNER KNOWS HIS LAND HAS USTS ON IT BUT DOESN'T KNOW THE NUMBER
OR LOCATION OF THE TANKS. IS THIS OWNER REQUIRED TO LOCATE HIS
TANKS? WHAT ARE THE PENALTIES IF HE DOES NOT?
A. Owner must report all USTS in the facility. Penalty for non-
reporting is $10,000 for each tank for which notification is not
provided [or for which false information is submitted.]
Q. AN UST IS IN USE ON 11/8/84 AND STORES PETROLEUM. IT IS EMPTIED
AND IS NOT STORING ANYTHING ON 5/8/86. IS NOTIFICATION REQUIRED?
A. Yes. The current owner is responsible to provide notification
even if the tank was permanently taken out of use after November
8, 1984, and even if the current owner was not the person who took
the tank out of use.
0. AN UST IS IN USE ON 11/8/84 AND STORES PETROLEUM. IT IS EMPTIED
AND FILLED WITH HEATING OIL FOR CONSUMPTIVE USE ON PREMISES
WHERE STORED. IT IS STORING HEATING OIL ON 5/8/86. IS NOTIFICATION
REQUIRED?
A. Yes, the current owner would notify because the UST held regulated
substances after 11/8/84.
Q. A PERSON OWNS AN UST STORING TOLUENE ON 12/8/84. HE NOTIFIES
STATE AGENCY. ON 2/8/85, HE SELLS THE TANK AND NEW OWNER EMPTIES
TANKS AND REPLACES SUBSTANCE WITH ANOTHER HAZARDOUS SUBSTANCE.
DOES NEW OWNER HAVE TO NOTIFY BECAUSE THE TANK IS STORING A
DIFFERENT SUBSTANCE?
A. Yes, he becomes an owner of a tank storing a regulated substance.
We recognize that there will be double reporting.
Q. A THIRD PARTY (e.g., XYZ REAL ESTATE CO.) LEASES A PROPERTY TO
AN OIL COMPANY (e'.g.,. ARCO) OR JOBBER, WHO IN TURN LEASES THE
PETROLEUM MARKETING FACILITY TO A DEALER (e.g., JOHN DOE).
WOULD THIRD PARTY BE REQUIRED TO NOTIFY?
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t I
OSWER DIR. 9610.3
A. There is not enough information here as to who owns the tank.
[The ownwer of the tank is required to notify and we encourage
any other interested party to submit information.]
0. OWNER SELLS TANK ON 12/8/85. NEW CURRENT OWNER DISCONTINUES
USE OF TANKS. WHO NOTIFIES?
A. New owner would report that the tank has been "taken out of
operation". (It is either properly closed or properly
emptied and cleaned for reuse. No one notifies if tank is
pulled out of the ground prior to 5/8/86.)
0. OWNER OWNS LAND BUT ISN'T SURE IF HE OWNS TANK.
A. Mark ownership uncertain on the notification form.
0. WHEN TANKS ARE BOUGHT OR SOLD, DOES BUYER OR SELLER SUBMIT
NOTIFICATION?
A. Whoever owns tank on 5/8/86 would notify. If both the buyer
and seller want to notify, the State receiving the forms may
accept both notifications. (If you sell tank before 5/8/86
you may want to notify because you may not know when transfer
will take place.)
0. A PERSON OWNS AN UST STORING PETROLEUM. HE NOTIFIES STATE
AGENCY ON 12/8/85. HE BRINGS A NEW TANK INTO USE ON 1/8/86.
DOES HE HAVE TO NOTIFY FOR THIS NEW TANK?
A. Yes. Owner would have to notify by 5/8/86 for this new tank.
All tanks at a facility must be reported.
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OSWER DIR. 9610.3
LIST OF FREQUENTLY ASKED UST QUESTIONS TO THE
EPA RCRA HOTLINE
March 24 - March 28, 1986
Questions about UST notification represented 85% of the UST
calls. The majority of these calls focused on whether or not to
notify (definitional concerns) and where to get the form. The
other UST calls focused on interim prohibition/installation of
tanks (3%); and technical standards, e.q., closure procedures,
leak detection and State regulations (10%).
The following guestions constitute the most freguently asked
guestions this week:
Q. What is "consumptive use" as it applies to the heating oil
exemption?
A. We will be providing you this answer ASAP. It's such an
important issue that Lee Thomas will have to make a
decision on this. In the meantime, advise owners to
notify for tanks containing fuel oil used for purposes
other than space heating.
Q. I have an UST that contains antifreeze and another UST that
contains synthetic petroleum. Do I have to notify?
A. The Agency has not yet interpreted "petroleum" as it relates
to "regulated substance" under Subtitle I. In the meantime
the Agency recommends that owners of USTs containing antifreeze
or synthetic petroleum notify by May 8, 1986, or 30 days after
tank is brought into use.
Q. I have a tank that is used for emergency overflow. Is this
an UST, and do I have to notify?
A. This is a sump which is considered to be an UST if the
tank has ever been used to hold regulated substances.
Q. I am an operator at a gas station, do I have to notify? I'm
worried about being held liable should an UST leak at the
station later.
A. Only owners are subject to the notification reguirements.
Therefore you don't have to notify. We suggest, however,
that you inform the owner about his reguirements to notify.
Later, EPA will issue technical standards and corrective
action reguirements that may apply to both owners and
operators.
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OSWER DIR. 9610.3
-2-
Q. I lease property that contains an UST. Do I have to notify?
A. Only owners of USTs must notify. Check your lease to see if
you own the tank. If your lease doesn't specify whether you
own the tank as leasee, then check applicable State property
laws. It would be most helpful if you would advise the lessor/
owner of his responsibility under the law.
Q. I work for a large oil company. Can we send states a computer
tape of the inventory of our USTs? What would be an acceptable
certification statement to accompany the computer tape?
A. You must negotiate with the states directly to determine
whether a computer tape or printout of UST information is
permissible. One certification statement per computer tape
may be acceptable.
0. I'm going' to take my tank out of the ground. What are acceptable
closure standards?
A. Currently there are no federal closure requirements. Check
with your state to see if there are state requirements. If not,
we suggest you call the American Petroleum Institute
(202) 682-8226 for a copy of API Bulletin 1604, Recommended
Practices for Abandonment or Removal of Used Underground Service
. Station Tanks (March, 1981).
In addition, the national Fire Protection Association's Flammable
and Combustible Liquids Code of 1984 (NFPA 30), which has been
adopted by many states as part of their fire codes, contains
requirements for abandonment and reuse of USTs in Section
2-3.4 and Appendix B.
0. What are some acceptable methods for installing USTs?
A. Currently there are no methods that have been officially approved
by the EPA. We suggest that you contact one of the following
trade associations for a copy of recommended tank installation
practices:
- Steel Tank Institute (202) 223-6222
- Petroleum Equipment Institute: (918) 743-9941
Most tank manufacturers include a set of installation instructions
with the tank when it is shipped. These instructions should be
followed as closely as possible. Always contact the manufacturer
if it is necessary to deviate from these instructions in any way.
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Appendix B Abandonment or Removal of
Underground Tanks
OSWER DIR. 9610.3
This Appendix is not a part of the requirements of this NFP.1 document
but is included for information purposes only.
B-l Introduction.
B-l-1 Care is required not only in the handling and use
of flammable or combustible liquids but also in abandon-
ing tanki which have held flammable or combustible liq-
uids. This is particularly true of underground service
station tanks which are most frequently used for the
storage of motor fuel and occasionally for the storage of
other flammable or combustible liquids, such as
crankcase drainings (which may contain some gasoline).
Through carelessness, explosions have occurred because
flammable or combustible liquid tanks had not been
properly conditioned before being abandoned.
B-l-2 In order to prevent accidents caused by improper
conditioning, it is recommended that the procedures out-
lined below be followed when underground tanks are re-
moved, abandoned or temporarily taken out of service.
B-l-3 Underground.tanks taken out of service may be
safeguarded or disposed of by any one of the three follow-
ing means:
(a) Placed in a "temporarily out of service" condition.
Tanks should be rendered "temporarily out of service"
only when it is planned that they will be returned to ac-
tive service within a reasonable period or pending
removal or abandonment within 90 days.
(b) Abandoned in place, with proper safeguarding.
(c) Removed.
B-l-4 In cases where tanks are either rendered "tem-
porarily out of service" or permanently abandoned.
records should be kept of tank size, location, date of
abandonment, and method used for placing the aban-
doned tank in a safe condition.
B-l-5 Procedures for carrying out each of the above
methods of disposing of underground tanks are described
in the following sections. No cutting torch or other flame
or spark producing equipment shall be used until the
tank has been completely purged or otherwise rendered
safe. In each case, thr numbered steps given shall be car-
ried out successively.
B-2 Rendering Tanks "Temporarily Out of Service."
B-2-1 Cap or plug all lines such as fill line, gage open-
ing, pump suction, and vapor return. Secure against
tampering.
B-2-2 Disconnect piping at all tank openings.
B-3 Abandoning Underground Tanks in Place.
B-3-1 Remove all flammable or combustible liquid
from the tank and from all connecting lines.
B-3-2
lines.
Disconnect the suction, inlet, gage, and vent
B-3-3 Fill the tank completely with an inert solid
material. Cap remaining undergound piping.
B-4 Removal of Underground Tanks.
B-4-1 Remove all flammable or combustible liquids
from tank and from connecting lines.
B-4-2 Disconnect piping at all tank openings. Remove
sections of connecting lines which are not to be used fur-
ther and cap or plug all tank openings. After removal,
the tank may be gas freed on the premises if it can be
done safely at that location, or may be transported to an
area not accessible to the public and the gas freeing com-
pleted at that location. .
r
B-5 Disposal of Tanks.
B-5-1 If a tank is to be disposed of as junk, it should be
retested for flammable vapors and, if necessary, rendered
gas free: After junking and before releasing to junk
dealer, a sufficient number of holes or openings should be
made in it to render it unfit for further use. NFPA 327,
Standard Procedures for Cleaning or Safeguarding Small
Tanks and Containers, provides information on safe pro-
cedures for such operations.
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OSWER DIR. 9610.3
EPA RCRA HOTLINE Qs & As
April 21, 1986
0. Are USTs used to store diesel fuel at apartments or hospitals
for emergency generation of electricity exempt from Subtitle I
notification reguirements?
A. The Agency interpretation of "heating oil" is not yet complete
However at this time we recommend that both owners in the
above example notify. Since the fuel is used only to generate
electricity, the tanks may not be exempt as heating oil
tanks, Exemption (B), and would not be exempt for storage of
motor fuel, Exemption (A) (see definitions.)
Q. What does "treatment" for the waste water exemption mean?
A. Tanks used for storage and treatment of storm water or waste
water not incidental to collection and conveyance, such as
waste water treatment tanks at industrial facilities or
municipal water treatment works, are not excluded under (F).
The intent of this exemption is to exclude pipes and tanks
used to collect storm water or waste water at industrial
facilities. These collection systems must be used only to
convey storm water or waste water, except where "treatment"
is incidental to conveyance. Treatment may be judged inci-
dental to conveyance if (1) there is no retention of liguid
for the purpose of treatment and (2) the tank/pipe subseguently
empties into a collection system.
Q. What liability do non-notifiers have?
A. Any owner who knowingly fails to notify by May 8, 1986, or
submits false information shall be subject to a civil penalty
not to exceed $10,000 for each tank for which notification is
not given or false information is submitted.
Q. What procedure should be followed for handling (1) multiple
notifications, and (2) protective filers?
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OSWER DIR. 9610.3
-2-
(1) If the same tank is reported more than once, the notification
form from the owner of the tank as of May 8, 1986 should be
used. The statute requires that the owner of the tank as of
May 8, 1986 must notify if tank held regulated substances on
November 8, 1984. (If the tank did not hold a regulated
substance on date of enactment then "owner" is owner at time
regulated substance was removed from tank.)
(2) Protective filers are described as any owner/operator who
notified unnecessarily. It is the responsibility of each
designated State agency to eliminate protective filers from
the notification data base. We recommend keeping a separate
file of information supplied by protective filers.
Q. A condo builder also owns the adjacent site where an UST
storing heating oil for the condo is kept. Is this tank
considered "on the premises?" If the condo owners associa-
tion buys the land (and the tank), is the tank now "on the
premises?"
A. "On the premises where stored" refers to tanks located on the
same property where the stored heating oil is to be used.
The "property" could be an extensive area and is not limited
to the building where the heating oil is stored. In either
of the scenarios described, the tank could be described as
"on the premises" if the tanks are owned along with the
property. Though it is not clear from the guestion, it
appears in the first example, that the condo builder owns
both the land used to store the UST and the adjacent site on
which the condo is built. In the second, the condo owners
own both the tank and the land it is on and the adjacent
condos.
Q. In a development of homes, the tank that supplies oil to
several homes is located at one person's home. Is this oil
used "on the premises"?
A. The tank is used "on the premises" only for the property on
which it is located (assuming the houses are individually
owned and are separate properties).
Q. How far back in a depositor's records must the depositor go
in order to determine what tank owners the depositor should
contact regarding their obligation to notify?
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OSWER DIR. 9610.3
-3-
A. "Beginning thirty days after the Administrator prescribes
the form of notice pursuant to subsection (b)(2) [that is,
December 8, 1985] and for eighteen months thereafter [that
is, until June 8, 1987], any person who deposits regulated
substances in an underground storage tank shall reasonably
notify the owner or operator of such tank and the owner's
notification reguirements pursuant to this subsection."
An example of a statement for Shipping Tickets and Invoices
is given in Appendix III to Section 280.3, 50 Federal
Register, 46619, (November 8, 1985).
0. Are USTs containing hydraulic oil associated with in-ground
automotive lifts subject to notification reguirements?
A. Yes, provided these tanks are 10% or more "beneath the
surface of the ground" (see definition). These tanks contain
petroleum and cannot be exempt as flow through process tanks
because they are not associated with a manufacturing process.
0. Are tanks used to store heating oil for space heating and
also used in emergency situations to generate energy for some
industrial process exempt under (B)?
A. The Agency interpretation of exemption (B) is not yet complete
(see definitions). However, at this time we recommend that
owners of tanks storing heating oil used primarily for purposes
other than space heating should notify.
Q. If a tank is technically above ground but enclosed in a
concrete vault and buried in sand is it an UST? What if its
in a concrete vault, not surrounded by sand, but the vault
cannot be'entered for inspection of the tank?
A. Both tanks are considered USTs since they are 10% or more
beneath the ground surface or otherwise covered with material
so that expeditious inspection is precluded.
0. We have two interconnected tanks on a farm. Singularly the
tanks are less than the 1,100 gallon exclusion. Does the
interconnection cause these tanks to be covered in the
notification?
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OSWER DIR. 9610.3
-4-
Two interconnected farm tanks of less than 1,100 qallons
holding motor fuel for noncommercial purposes are both
exempt from UST jurisdiction, unless the tanks are so closely
connected that they are essentially one large tank with two
chambers. An UST can be defined as a tank p_r a combination
of tanks.
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OSWER DIR. 9610.3
UST QUESTIONS
Q. What procedures should I follow to take by UST out of
operation? Has EPA issued andy closure requirements
concerning USTs?
A. EPA has not yet published any closure requirements. They
will be proposed along with technical standards next spring.
In the meantime, contact one of the following states that
have already issued closure requirements. They are:
1. California - California Water Resources Control Board
(916) 445-9552
2. Florida - Department of Environmental Regulations
(904) 487-4398
Or contact the American Petroleum Institute at
(202) 682-4398, attention Todd Swindeman.
0. What procedures should I follow to install my UST?
A. The interim prohibition reguirements in Section 9003(g)
of Subtitle I must be met. EPA does not have any guidance
published yet that specifies the installation procedures
adequate to meet the interim prohibition requirements.
In the meantime, contact one of the following organizations
for their installation procedures:
Steel Tanks
Steel Tank Institute, Pat O'Connor, (202)223-6222
Buffalo Tank, Charlie Erdman, 800-368-2105
FRP
Owens Corning, Ed Neisoff, (419)248-8080
General
Petroleum Equipment Institute (918)743-9941
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