oEPA
                United States
                Environmental Protection
                Agency
            Office of
            Solid Waste and
            Emergency Response
DfRECTIVE NUMBER: 9650.15

TITLE: Procedures and Requirements for Codification of
    Approved State UST Programs
                  APPROVAL DATE: September 22, 1994

                  EFFECTIVE DATE: September 22, 1994

                  ORIGINATING OFFICE: office of Underground Storage
                                 Tanks (OUST)
                  03 FINAL

                  D DRAFT

                   STATUS:
                  REFERENCE (other documents):
                  OSWER Directive 9650.11 "State Program Approval Handbook1

                  OSWER Directive 9650.12 "Suggested Procedures for Review
                  of State UST Applications"
  OSWER      OSWER      OSWER
VE    DIRECTIVE    DIRECTIVE   Dl

-------
     f/EPA
               United States
               Environmental Protection
               Agencv
             OHice of
             Solid Waste and
             Emergency Response
DfRECTIVE NUMBER: 9650.15

TITLE: Procedures and Requirements for Codification of
     Approved State UST Programs


APPROVAL DATE: September 22, 1994

EFFECTIVE DATE: September 22, 1994

ORIGINATING OFFICE: Office of Underground Storage
                Tanks (OUST)
Q FINAL

D DRAFT

 STATUS:
               REFERENCE (other documents):

               OSWER Directive 9650.11 "State Program Approval Handbook"

               OSWER Directive 9650.12 "Suggested Procedures for Review
               of State UST Applications"
 OSWER       OSWER       OSWER
'E   DIRECTIVE    DIRECTIVE

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_____ _ United States Environmental Protection Agency ,
A CDA Washington DC 20460
ocrM oSWER Directive Initiation Request
1. Directive Number
9650.15
2. Ortdnator Information
Name of Contact Person
Jerry Parker
Mel Coda Office
5401W OUST •
Telephone Cod*
703-308-8884
Hit* f
Procedures and Requirements for Codification of Approved State UST Programs
4. Summary of Directive (include brief statement of purpose)
Provides guidance for EPA Regions on how to codify approved state UST programs.
5. Keywords
Underground Storage Tanks, State
6a. Does This Directive Supersede Previous Directive
b. Does It Supplement Previous Directive^)?
Program Approval, Codification, incorporation by referen
[xjNo I 	 | Yes What oVectlva (number. tWt)
| 	 I No x YM What oVective (number. We)
9650.12
7 Draft Level 	 ^__^ ^_^
A - Signed by AA/DAA |x ] B - Signed by Office Director C - For Review & Comment | | D - In Development


8. Document to be distributi
3d to States by Headquarters?
Yea |X|NO


This Request Me«ta OSWER Directives System Format Standards,
9. Signature of Lead Office Directives Coordinator A; / „ /7/7>»./ fa
<^£f1'MA<}'wV&~^' vxW'-FO'*'
Shushona Clark, OUST Directives Coordinator
10. Name and Title of Approving Official
Lisa Lund, Acting Director, OUST
>4 > ^ i
(7\Q0i Cnuj^L^
Date
Date

:e
 EPA Form 1315-17 (Rev. 5-«7) Previous editions are obsolete.
OSWER      OSWER        OSWER        0
    DIRECTIVE     DIRECTIVE    DIRECTIVE

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                          .OSWER Directive 9650.15
 PROCEDURES AND REQUIREMENTS FOR




CODIFICATION OF APPROVED STATE UST



             PROGRAMS
   U.S. ENVIRONMENTAL PROTECTION AGENCY



   OFFICE OF UNDERGROUND STORAGE TANKS
             September 1994
                                            3

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                                        OSWER Directive 9650.15
     The policies and procedures set out in this document  are
intended solely for the guidance of Government personnel.   They
are not intended, nor can they be reliejd upon, to create any
rights, substantive or procedural, enforceable by any party in
litigation with the United States.  The Agency reserves the right
to act at variance with these policies and procedures and  to
change them at any time without public notice.
                                1.1.

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                                           OSWER Directive 9650.15
                        TABLE OP CONTENTS


                                       /
Page                                   f


I.   BACKGROUND



II.  STEPS IN THE CODIFICATION PROCESS



III. LEGALLY ENFORCEABLE STATUTES AND REGULATIONS
IV.  QUALITY GUIDELINES FOR INCORPORATION BY REFERENCE
     OF STATE STATUTES AND REGULATIONS
V.   APPENDICES

     Appendix A —  Part 282 Framework Rule and
                    New Hampshire Codification Rule           A-l

     Appendix B —  Vermont Codification Rule
                    ("Stand-alone" rule)                      B-l

     Appendix C —  Federal Register Document
                    Requirements                              C-l

     Appendix D —  Guidance on Preparing and
                    Submitting Federal Register Documents     D-l

     Appendix E —  Sample Transmittal Letters to the
                    Office of the Federal Register            E-l

     Appendix F —  List of CFR Sections Reserved for
                    Approved State Programs                   F-l

     Appendix G —  Sample Incorporation by Reference
                    Binders (New Hampshire)                   G-l
                              i.i.i.

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                                           OSWER Directive 9650.15
         PROCEDURES AND REQUIREMENTS FOR CODIFICATION OF
                   APPROVED STATE UST PROGRAMS

                                       //
I.   Background

     Codification is the process that identifies the elements of
approved State programs by placing them in the Code of Federal
Regulations  (CFR).  The codification of State programs is
designed to enhance the public's ability to discern the current
status of the approved State program and alert the public to the
specific State regulations that the Federal government can
enforce if necessary.  This process will be particularly helpful
as States adopt additional Federal requirements or revise their
approved UST programs.

     Appropriate provisions of state statutes and regulations are
"incorporated by reference".  Other elements of the approved
state program, such as the Attorney General's Statement,
Memorandum of Agreement, Program Description, and Demonstration
of Procedures for Adequate Enforcement are merely ".referenced".
These documents are referenced by listing the title and date of
signature in the codification notice.  It is important to
understand that while the state program itself is being codified
through publication in the CFR, it is the process of
incorporation by reference of applicable statutory and regulatory
elements that makes the state requirements th& federal law as
well.

     The effect of incorporation by reference is that the
incorporated material has the same legal effect as if it were
published in full in the CFR.  State enforcement authorities
contained in statutes and regulations are identified in the
codification rule but not incorporated by reference since EPA
uses its own authorities to enforce approved State requirements.

     EPA enforces State regulations that are more stringent than
the Federal requirements, but not those that are broader in
scope.  For example, EPA will enforce State regulations that
require reporting of all suspected releases, even though Federal
regulations require only that releases of greater than 25 gallons
be reported.  However, EPA cannot enforce State regulations
against farm tanks excluded from regulations at the Federal
level.  Therefore, the codification rule, which is published in
the Federal Register, must identify where the State is broader in
scope so that the public as well as the regulated community can
know that the Federal government will not be enforcing those
broader in scope program requirements.

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                                         05WER Directive 9650.15
A.   Authorization Generally

     Subtitle I of the Resource Conservation and Recovery Act
(RCRA)  establishes a system which ensures the proper use and
handling of underground storage tanks (USTs).  To do this, RCRA
establishes a partnership between the federal government and the
states.  Section 9004(d)(2) of RCRA provides, in part, that:

     [once a State has submitted its program], [i]f the
     Administrator determines that [the] State program complies
     with the provisions of this section and provides for
     adequate enforcement of compliance with the requirements and
     standards adopted pursuant to this section, he shall approve
     the State program in lieu of the Federal program and the
     State shall have primary enforcement responsihllity with
     respect to-requirements«o£ its program. [Emphasis added]

The effect of this provision is to allow the states to seek
authorization to enact and administer state laws and regulations
in place of the federal regulatory program found at 40 C.F.R.
Part 280.  However, the state program must be no less stringent
than the federal program and it must provide for adequate
enforcement.  Once a state is authorized for Subtitle I, the
state regulations provide the substantive requirements that must
be met at facilities located within the state.  When the state
becomes authorized, the federal UST regulations are no longer
applicable in that state.   As in states authorized under Subtitle
C of RCRA, both the federal government and the state exercise
enforcement authority.

B.   State Regulations Which Are More Stringent or Broader in
     Scope Than Their Federal Counterparts

     As mentioned above, Section 9004(b)(1) does not allow
approval for a state whose laws are less stringent than the
federal requirements-.  However, states may enact laws more
stringent than their federal counterparts.  Section 9008 of RCRA.
In addition, states may enact laws broader in scope than their
federal counterparts; that is, the state laws have no counterpart
in the federal UST program.  This authority is specifically
codified in 40 C.F.R. § 281.12(a)(3).

     State program requirements that are broader in scope of
coverage than the federal program are not a part of the
federally-approved program, 40 C.F.R. S 281.12(a)(3)(ii).  Since
that portion of the state program does not have a counterpart in
the federal program, it does not become a requirement of Subtitle
I, the violation of which EPA is entitled to enforce pursuant to
Section 9006(a).   Therefore, EPA may not enforce that portion of
a states program which is broader in scope of coverage than a
federal program.   Examples of regulations which are broader in
scope than the federal program include:  the  regulation of tanks
                                                                      10

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                                              OSWER Directive 9650.15
storing heating oil for consumptive use on the premises where
stored; the regulation of flow-through process tanks; and the
regulation of farm or residential tanks/of 1,100 gallons or  less
capacity storing motor fuel for non-commercial purposes.
Consequently, EPA will not incorporate by reference states laws
which are broader in scope than the federal program.

     While state provision which are broader in scope of coverage
generally do not have a counterpart in the federal program,  the
subject matter of the more stringent state provisions is usually
covered in similar provisions of the federal program.  Examples
of more stringent state provisions would include: a requirement
that not only must tanks be protected from corrosion, but that
tanks must be made solely of corrosion proof materials; that
notice of use of a new tank system must be made within 15 days
instead of the 30 days allowed by the federal program; or that
owners or operators of petroleum USTs demonstrate pre-occurrence
financial responsibility of at least $2 million instead of the $1
million or $500,000.00 required by the federal program.

     Provisions in state programs which are more stringent than
their federal counterparts are, nevertheless, a part of the
approved state program, and are enforceable by EPA.  Congress
intended this result when, in Section 9008, it specifically
permitted more stringent regulations, and, at the same time,
authorized EPA to enforce those provisions under Section
9006(a)(2).  Thus, more stringent state provisions in an approved
program are, unlike those which have no counterpart in the
federal program, a part of the requirements of Subtitle I, which
EPA is required to enforce.  Consequently, EPA will incorporate
by reference these laws which are more stringent than the federal
program.

C.  State Enforcement Authorities

     State enforcement authorities' do; not become part of the
authorized state program that EPA can enforce.  Congress provided
EPA with the necessary authority to use federal procedures for
enforcement of all applicable UST rules and regulations, and it
intended that those procedures be used in the event of federal
enforcement of a state's UST laws.  For example,  Section
9006(a)(1)  of RCRA authorizes the Administrator,  in the event of
a violation of any requirement of Subtitle I, to issue an order
requiring compliance immediately or within a specified time.
Section 9006(a)(2) makes it clear that such orders may be issued
in states which are authorized to carry out the UST program under
Section 9004 (after notice to the affected state); and Section
9006(a)(3)  provides for a penalty for non-compliance.  Provisions
for public hearings on any order issued under this Section, and
authority for the Administrator to issue subpoenas are also
included in Section 9006(b).   Section 9006(c) specifies the scope

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                                          OSWER Directive 9650.15
and content of the compliance orders which may be issued under
this Section.

     Congress provided a specific mechanism for federal
administrative enforcement proceedings, to be used in cases of
federal enforcement of state programs in lieu of any
administrative procedures contained in the laws and regulations
of the state in which the violation occurred.  Thus, EPA will not
incorporate by reference state enforcement authorities.

D.  Whv Codify?

     The question has arisen as to why EPA must publish state
programs authorized pursuant to Section 9004 of RCRA, 42 U.S.C.
§ 6991c(d)(2), in the Code of Federal Regulations.

     Codification is one- of two. necessary components f ,- final
approval of an authorized state UST program.  Authorization, the
first step, provides the necessary EPA review and approval.
Codification, the second step, incorporates state law into the
federal scheme, thus supplanting the federal program for that
state.  The authorized program then becomes the only program
enforceable by either the state or the federal government as it
applies to regulated entities.  This interpretation is supported
by the language of section 9006(a) of RCRA, 42 U.S.C. §6991e(a)
which states,

     . . . whenever . . .  the Administrator determines that any
     person is in violation of any requirement of this
     subchapter, the Administrator may issue an order requiring
     compliance within a reasonable specified time period or the
     Administrator may commence a civil action in the Unites
     States district court in which the violation occurred . . .

The key phrase is "of this subchapter".  In order to become
requirements of this subchapter., the authorized state UST program
requirements must be made federal requirements.

     Codification also serves to place regulated entities and
members of the public on notice of the requirements pertaining to
the operation of USTs.  Under the Administrative Procedure Act
(APA), each agency must make available to the public certain
information.

          Each agency shall separately state and currently
          publish in the Federal Register for the guidance of the
          public . . .

          (D) substantive rules of general  pplicability adopted
          as authorized by law, and states  its of general policy
          or interpretations of general applicability formulated
          and adopted by the agency; and,

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                                            OSWER Directive 9650.15
           (E) each amendment, revision, or repeal of the
           foregoing.

           Except to the extent that a person has actual and
           timely notice of the terms thereof, a person may not in
           any manner be required to resort to, or be adversely
           affected by, a matter required to be published in the
           Federal Register and not so published.  For the purpose
           of this paragraph, matter reasonable available to the
           class of persons affected thereby is deemed published
           in the Federal Register when incorporated by reference
           therein with the approval of the Director of the
           Federal Register.

5 u.s.c. S 552(a).  The regulations on how to incorporate by
reference  appear at 1 C.F.R. Part 51.

     Therefore for the Federal government to be able to enforce
the provisions of state laws and regulations that have been
approved to operate in lieu of the federal program, those
requirements either have to be published in the Federal Register
or incorporated by reference therein.  Only the substantive rules
must be published or incorporated by reference, because the
federal government uses its own enforcement authorities when
bringing actions for alleged violations of the authorized state
UST program.  Thus, general enabling statutes that do not embody
specific requirements that would become enforceable by the
federal government pursuant to section 9006 of RCRA need not be
incorporated by reference, although they are, of course, part of
the approved state program.

     Part  282 has been reserved for codification of approved
State UST programs (see Appendix A).   Appendix F to this guidance
contains a list of the sections within Part 282 that have been
specifically reserved for each of the 56 States and Territories.
The Regions should use this list to identify the sections of Part
282 that should be included in their codification rules.
II.  Steps in the Codification Process

     Regions will be required to follow a number of standard
steps when codifying their approved state programs.

1)   The major effort will be to write the Federal Register rule
     signifying the codification of the state program.  (As part
     of this effort each Region should set up a docket, with a
     new file and docket number, for all codification materials
     and any public comments.)  OUST Headquarters has developed a
     model codification rule and will provide it to the Regions
     electronically to facilitate the codification process (see
     Appendix B).
                                                                      /3

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                                                         OSWER Directive 9650.15
      STEPS  IN THE CODIFICATION  PROCESS
                                      State program Is approved/
                             Review SPA application to determine which statutory and
                             regulatory provisions are to 00 Incorporated by reference
                          Office of Regional Council (ORC) review* statute* and regulations
                                            Hav* official
                                         legally-enforceable
                                       copies of proper quality
                                           been obtained?
                                                                        Obtain acceptable copla* of
                                                                        statutes/regulation* from ttata
Prepare binder*
                    ORC review* rule
Prepare draft Federal
ReoJitif rule. 3« up docket
i

                                                                            Prepare transmlttal tetter for Office
                                                                            of the Federal Register (OFR)
                                                           Send Federal Register
                                                           typesetting requect form for
                                                           signature*
                                   Prepare final Federal Register package
                                   and obtain signature of the
                                   Regional Administrator
                                        Send final package to
                                        Quality Assurance Officer
                                                                             Return package to Region
                                                                             for correction*
                             Send package to EPA Federal Register Uaieon McMe Reed)
                                         Send package to OFH
                                                                       Binders to remain at OFR
                                               t
                                 Final rule publlihed In Pea--  aeqjjrtef
                                               t
Binders retained
at stat* offlce
                         Binder* retained at
                         Regional library
Binder* retained
at OUST docket
Binders retained at
OUST

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                                         OSWER Directive 9650.15
2)   The U.S. Government Printing Office  (GPO) offers a 20
     percent discount for Federal Register documents submitted
     with a disk.  Regions should therefore explore the
     possibility of submitting their rvfles on disk.  There are a
     number of requirements, however, that must be met when
     submitting electronic files for publication in the Federal
     Register (see Appendix C).

3)   As part of producing the codification notice, the Regions
     will need to review the state program approval application
     in order to determine what state materials are to be
     incorporated by reference (i.e., relevant portions of state
     statutes and regulations).  These need to be clearly
     identified in the notice and placed into binders for public
     review.

4)   After determining what materials-are needed for
     incorporation by reference,  the Region will need to ensure
     that it has legally enforceable copies of all relevant
     materials so they may assemble the binders.  Two binders are
     required.  One binder will contain statutory provisions;
     another will contain regulatory provisions.  The statutes
     and regulations must be of proper quality to meet OFR
     standards (see sample binders in Appendix G).

5)   A letter from EPA to OFR requesting the incorporation by
     reference must be submitted at least 20 working days in
     advance of the desired publication date (see Appendix E).
     The letter should be accompanied by the binders, the Federal
     Register rule, and note the section(s) of the CFR into which
     the materials will be incorporated.  This letter also must
     include the name and phone number of the Regional
     codification contact.

6)   A transmittal memo to Vickie Reed,  Headquarters Federal
     Register liaison,  must be prepared, as must a Federal
     Register typesetting request form.

7)   The entire package must then be submitted for review to the
     Quality Assurance Officer at OPPE.   Send the package c/o
     Vickie Reed (mail code 2136).

8)   The Quality Assurance Officer assesses the materials to
     determine whether the documents submitted meet all
     applicable OFR criteria.   As part of this process, the table
     of contents will be checked against the materials in the
     binder and the listing to the appendix in the Federal
     Register rule.

9)   If the materials meet the criteria, all materials
     (transmittal letters,  binders,  the rule, other forms,etc.)
     are submitted to OFR through the Headquarters Federal

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                                        OSWER Directive 9650.15
     gggister liaison,  if the materials do not meet the
     criteria, any needed changes will be specified and the
     materials will be returned to the Region for corrections.

10)  OFR will publish a codification rile specifying the state
     statutory and regulatory provisions that have been
     incorporated by reference.

11)  Copies of all incorporation by reference materials must be
     made available for public review at a number of locations
     following publication in the Federal Register, including the
     state office, the Regional library, the OUST docket, and
     OUST.  OFR will also retain a copy of the materials.

See Appendix D for additional guidance on the procedures involved
in preparing and^.sufc-ittlng .Fe  >ral Register notices.


III. Legally Enforceable statutes and Regulations

     It is EPA's burden to ensure that the copies of statutes and
regulations submitted for incorporation by reference are the
legally enforceable copies in the state.  The question of which
version is enforceable and when it is effective is to be
determined with reference to state law. There are three
categories of legally enforceable regulations:

     1)   Regulations that are published in the state register.
          These regulations are not effective until they are
          published in the state register.

     2)   Regulations that are immediately effective upon
          adoption and signature by the Secretary of state.
          These regulations have either an official stamp
          denoting the date of adoption and signature or some
          other forms of certification; that the material was
          adopted by the state.  This certification also needs to
          be included in the binder of incorporated by reference
          materials.

     3)   Regulations that are immediately effective (as above),
          except that the state periodically publishes a
          compilation of their regulations.  The official version
          in such states is the originally adopted version signed
          by the Secretary of State.

Because states may submit different categories of applicable
regulations to EPA, the Regions will need to check with their
states in determining which is the legally enforceable copy.

     In addition, the Region must obtain legally enforceable
versions of state statutes.  This version may be either an

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                                             OSWER Directive 9650.15
officially signed version or one published in the state code;  the
Region will need to confirm with the state which is the legally
enforceable copy.                      /
                                       If
     An electronic copy of state statutes and regulations is not
a valid format for incorporation by reference materials submitted
to OFR, because it lacks certification that the materials have
been officially adopted by the state.  The same holds true for
secondary sources such as the Bureau of National Affairs (BNA)
publication Environment Reporter.  Additionally, documents being
submitted for approval should not be combined from different
sources or from volumes of different dates.

     Regions codifying states that have incorporated the federal
UST regulations by reference would follow the procedures outlined
above when incorporating- by,reference the applicable state
provisions, provided that the state has devised an internal
numbering system for those regulations that distinguishes them
from the federal regulations.  They would simply need to cite the
appropriate sections of the state regulations for incorporation
by reference.

     There may be cases where an approved state has included
statutory and/or regulatory provisions in its application for
program approval that are not UST-specific but instead supplement
the UST provisions.  In such cases, particularly if the
provisions are not cited in the Attorney General's statement as
authorities upon which the UST program relies, it is appropriate
to reference them in the codification notice.  However, these
provisions should not be incorporated by reference.  Only those
provisions that are applied to a specific aspect of the UST
program may need to be incorporated by reference.


IV.  Quality Guidelines for. Incorporation by Reference of State
     Statutes and Regulations

     The Office of the Federal Register imposes a number of
requirements and prerequisites for incorporating materials by
reference in published Agency regulations.  Incorporation by
reference is a mechanism that permits more efficient use of
resources by reducing the volume of material published in the
Federal Register and Code of Federal Regulations.  Incorporation
by reference allows Federal agencies to comply with the
requirement to publish regulations in the Federal Register by
referring to materials already published elsewhere.  The legal
effect of incorporation by reference is that the material is
treated as if it were published in the Federal Register.  This
material, like any other properly issued regulation,  has the
force and effect of law.
                                8
                                                                      17

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                                        OSEWR Directive 9650.15
     The Director of the Federal Register is authorized to decide
when an agency may incorporate material by reference.  The
Director may approve an incorporation ty reference if the
material meets the requirements of 1 CF,R Part 51.  OFR has had
concerns regarding the format, quality, condition, and EPA's
location of materials to be incorporated by reference.  Central
to OFR's concerns was the availability of legible materials for
public review.  Before January 3, 1994, no approved State UST
programs had been codified due to a combination of confusion over
proper codification procedures and inferior quality and format of
the materials that were submitted to OFR by other EPA program
offices.

     In order to obtain OFR's approval for the use of
incorporation by reference of material in its regulations, EPA
and OFR representatives met .to develop the following set of
quality guidelines for submitting-incorporation by reference
materials as part of the codification process.

1)   The 40 CFR Part 55 incorporation by reference model would be
     followed in developing a Part 282 for all materials to be
     incorporated by reference,  incorporation by reference
     materials must be placed in binders, which must have a table
     of contents.  All pages should be numbered for easy
     reference.

2)   The materials must be inspected page by page to ensure that
     they are clear, complete, and legible.  The copies submitted
     must be of a high enough quality to produce legible
     photocopies.  If high-quality copies are not available in
     the Regional office,  they should be obtained from the State.
     No marred or disfigured pages may be included, and the
     storage method must not obscure the text in any way (e.g.,
     by hole punches).  Experience has shown that it may be
     difficult and/or expensive to get "acceptable" copies.  The
     Re'.gions, therefore^ may want to-require that the states
     submit "acceptable" copies of their statutes and regulations
     a« part of the official state program approval application.

3)   AM documents should be inspected to be sure that they have
     titles, dates, edition numbers, author/publisher, and
     identification number (where applicable).  If they do not,
     the Region is responsible for obtaining copies of documents
     that satisfy the criteria.

4)   The Region should number consecutively in the lower right
     hand corner all pages that are to be placed in the
     incorporation by reference binder.  These page numbers will
     supersede any page numbers on the source documents and will
     b(> used to create a table of contents for the binder.  If
     possible, the title page from the statute or regulation

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                                           OSWER Directive 9650.15
     should also be placed in the binder to indicate where the
     excerpts come from.

5)   A table of contents listing the materials included in the
     binder and their page numbers must be developed and placed
     at the front of the binder so that readers can quickly find
     the provisions in which they are interested.  The table of
     contents should look very similar to the Appendix to the
     Federal Register notice.  Any words, phrases, sentences,
     paragraphs or subsections that are "crossed-out" in the
     binder materials need to be noted in both the Appendix to
     the rule and the table of contents to each binder.  (Please
     refer to the New Hampshire binders in Appendix G of this
     document for examples.)

6)   If there ar& portions?;of statutes or regulations on a page
     that are not to be incorporated by reference (e.g., an
     incorporated section ends and an unrelated provision
     immediately follows), it is acceptable to place them into
     the binder and cross them out.  This eliminates the need for
     cutting and pasting.  However, the Region needs to be very
     clear about which of the statutory and regulatory provisions
     are to be incorporated by reference and which are not.

7)   Statutes and regulations will be placed in separate 8.5 x 11
     binders.  In order to avoid unnecessary photocopying,  it is
     acceptable to include a pre-printed and bound.booklet of
     statutes or regulations that is not 8.5 x 11 if a press bar
     binder is used to secure the document.  For all binders
     please place a label containing  the binder title and CFR
     number on both the front and spine of the binder.

8)   The Memorandum of Agreement, Program Description, and
     Demonstration of Adequate Enforcement Procedures will be
     referenced in. the rulemaking, but copies of these documents
     will not be placed into the binders.

9)   While OFR has not mandated that binders from all states be
     identical, the Regions should keep in mind that the goal is
     to produce a binder that can be easily read and photocopied,
     and will withstand repeated viewings.  Thus, the binder
     should be assembled so that loss of pages through use  is
     minimal.

10)   Each statement of incorporation by reference must identify
     where and how copies may be examined and obtained.

11)   OFR will maintain a copy of the incorporation by reference
     binders.  EPA will also maintain a copy in the EPA OUST
     docket,  Room M 2616, 401 M Street,  SW, Washington, DC  20460;
     at OUST Headquarters (contact Jerry Parker); and in the
                                10

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                                          OS.WER Directive 9650.15
     library of the appropriate EPA Regional office.  The state
     alsso will maintain a copy of the binders.

12)  Codification of revisions to approved state programs will
     require publication of an amendment to the CFR in the
     Federal Register and submittal of a separate binder with a
     revision date on the cover page, with copies deposited in
     all the above locations.  The Director of the Federal
     Register must be notified in writing that the incorporated
     by reference materials are being updated,  codification of
     revisions is not a process of merely adding the changes to
     the old binders.

     An acceptable format consistently applied to all materials
submitted for incorporation by reference reduces the OFR
resources required for.~review^andi significantly decreases the
period of time"between 'submission and approval.  In addition, a
consistent format affords maximum convenience to the public user.

     Much of the work involved in assuring that all incorporation
by reference materials meet the quality requirements,
particularly that resulting from OFR rejection of inferior
quality documents, can be avoided if the Region communicates the
requirements to its states early in the state program approval
and codification process.  If the states understand what is
required of the Regions, materials of an acceptable quality and
format can be submitted to the Region the first time, and re-
assembly of the materials will not be necessary.
                                11
                                                                      2.0

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                                      OSWER Directive 9650.15
APPENDIX A:   PART 282 FRAMEWORK RULE AND NEW HAMPSHIRE
                   CODIFICATION RULE

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     OSWER Directive 9650.15
Tuesday
November 2, 1993
Part III



Environmental

Protection  Agency

40 CFR Part 282
Underground Storage Tank Program;
Approved Program for New Hampshire;
Rule

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                                                                      OSWER Directive 9650.15
  58624   Federal Register /  Vol.  58, No. 210 / Tuesday,  November 2, 1993 / Rules and Regulations
  ENVIRONMENTAL PROTECTION
  AGENCY

  40 CFR Part 282
  [FRL-4794-8]

  Underground Storage Tank Program;
  Approved State Program (or New
  Hampshire

  AGENCY: Environmental Protection
  Agency (EPA).
  ACTION: Immediate final rule.

  SUMMARY: The Resource Conservation
  and Recovery Act of 1976, as amended
  (RCRA). authorizes the U.S.
  Environmental Protection Agency to
  grant approval to states to operate their
  underground storage tank programs in
  lieu of the federal program. This action
  establishes part 282 for codification of
  the decision to approve a state program
  and for incorporation by reference of
  those provisions of state statutes and
  regulations that will be subject to EPA's
  inspection and enforcement authorities
  under sections 9005 and 9006 of RCRA
 subtitle I and other applicable statutory
 and regulatory provisions. As part of
 this initial action, part 282 codifies the
 prior approval of New  Hampshire's
 underground storage tank program and
 incorporates by reference appropriate
 provisions of state statutes and
 regulations.
 DATES: This regulation is effective
 January 3, 1994. unless EPA publishes
 a prior Federal Register rule
 withdrawing this immediate final rule.
 All comments on this regulation must
 be received by the close of business
 December 2.1993. The incorporation by
 reference of certain publications listed
 in the regulations is approved by the
 Director of the Federal  Register, as of
 January 3,1994, in accordance with 5
 U.S.C 552(a).
 ADDRESSES: Comments may be mailed to
 the Docket Clerk (Docket No. UST 4-5),
 Office of Underground  Storage Tanks
 (OS-305), U.S. Environmental
 Protection Agency, 401 M Street. SW.,
 Washington, DC 20460. Comments
 received by EPA may be inspected in
 the public docket, located in room 2616
 (Mall), U.S. Environmental Protection
 Agency, 401 M Street. SW., Washington.
 DC 20460 from 9 a.m. to 4 p.m., Monday
 through Friday, excluding Federal
 holidays.
 FOR FURTHER INFORMATION CONTACT:
 RCRA Hotline, toll free at (800) 424-
 9346 or in Washington. DC at (202) 382-
 3000. For technical questions on the
 part 282 rule, consult Jerry Parker, U.S.
 EPA, Office of Underground Storage
Tanks, at (703) 308-8884. For technical
 questions on the New Hampshire
 codification, consult Susan Hanamoto.
 Underground Storage Tank Program.
 U.S. EPA Region I. JFK FederjJ/
 Building. Boston, MA 02203-2211.
 Phone: (617) 573-5748.

 SUPPLEMENTARY INFORMATION:
 Background

   Section 9004 of the Resource
 Conservation and Recovery Act of 1976,
 as amended, (RCRA). 42 U.S.C 6991c.
 allows the U.S. Environmental
 Protection Agency (EPA) to approve
 state underground storage tank
 programs to operate in the state in lieu
 of the federal underground storage tank
 program. EPA published a Federal
 Register rule announcing its decision to
 grant approval to New Hampshire (56
 FR 28089, June 19,1991). Approval was
 effective on July 19,1991.
   EPA will codify its approval of state
 programs in a new 40 CFR part 282 and
 incorporate by reference therein the
 state statutes and regulations that will
 be subject to EPA's inspection and
 enforcement authorities under sections
 9005 and 9006 of subtitle I of RCRA. 42
 U.S.C. 6991d and 6991e. and other
 applicable statutory and regulatory
 provisions. Today's rule establishes part
 282, reserves sections within part 282
 for each state, and codifies EPA's
 approval of the New Hampshire
 underground storage tank program. This
 codification reflects the state program in
 effect at the time EPA granted New
 Hampshire approval under section
 9004(a). 42 U.S.C.  6991c(a). for its
 underground storage tank program. The
 establishment of part 282 is an Agency
 procedure exempt from the notice and
 comment requirements of 5 U.S.C. 553.
 as is the codification of the New
 Hampshire UST program. Notice and
 opportunity for comment were provided
 earlier on the Agency's decision to
 approve the New Hampshire program,
 and EPA is not now reopening that	,•
 decision nor requesting comment on it
  This effort provides clear notice to the
 public of the scope of the approved
 program in each state. By codifying the
 approved New Hampshire program and
 by amending the Code of Federal
 Regulations whenever a new or different
 set of requirements is approved in New
 Hampshire, the status of federally
 approved requirements of the New
 Hampshire program will be readily
 discernible. Only those provisions of the
 New Hampshire underground storage
tank program for which approval has
been granted by EPA will be
 incorporated by reference for
enforcement purposes.
   To codify EPA's approval of New
 Hampshire's underground storage tank
"program. EPA has added § 282.79 to title
 40 of the CFR. Section 282.79
 incorporates by reference for
 enforcement purposes the State's
 statutes and regulations. Section 282.79
 also references the Attorney General's
 Statement. Demonstration of Adequate
 Enforcement Procedures, the Program
 Description, and the Memorandum of
 Agreement, which are approved as part
 of the underground storage tank
 program under subtitle I of RCRA.
   The Agency retains the authority
 under sections 9005 and 9006 of subtitle
 I of RCRA, 42 U.S.C. 6991d and 6991e,
 and other applicable statutory and
 regulatory provisions to undertake
 inspections and enforcement actions in
 approved states. With respect to such an
 enforcement action, the Agency will
 rely on federal sanctions, federal
 inspection authorities and federal
 procedures, rather than the state
 authorized analogs to these provisions.
 Therefore, the approved New
 Hampshire enforcement authorities will
 not be incorporated by reference.
 Section  282.79 lists those approved New
 Hampshire authorities that fall into this
 category.
   The public also needs to be aware that
 some provisions of the State's
 underground storage tank program are
 not part of the federally approved state
 program. These non-approved
 provisions are not part of the RCRA
 subtitle  I program because they are
 "broader in scope" than subtitle I of
 RCRA. See 40 CFR 281.12(a)(3)(ii). As a
 result, state provisions which are
 "broader in scope" than the federal
program are not incorporated by
reference for purposes of enforcement in
part 282. Section 282.79 simply lists for
reference and clarity the New
Hampshire statutory and regulatory
provisions which are "broader in scope"
than the federal program and which are
not. therefore, part of the approved
program being codified today. "Broader
in scope" provisions cannot be enforced
by EPA; the State, however, will
continue to enforce such provisions.

Certification Under the Regulatory
Flexibility Act
  Pursuant to section  605(b) of the
Regulatory Flexibility Act, 5 U.S.C
605(b). the EPA hereby certifies that this
action will not have any economic
impact on any small entities. It
establishes a new part 282 in 40 CFR
and codifies the decision already made
to approve the New Hampshire
underground storage program and has
no separate effect on owners and
operators of underground storage tanks

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                                                                       OSWER Directive 9650.15
          Federal Register /  Vol.  58, No.  210 / Tuesday, November 2,  1993 / Rules  and Regulations   58625
  or upon small entities. This rule.
  therefore, does not require a regulatory
  flexibility analysis.

  Compliance With Executive Order
  12291
   This immediate final rule has been
  submitted to OMB for review under
  Executive Order 12291. The Agency has
  determined that it is a non-major rule
  because it will not result in: (1) An
  annual effect on the economy of $100
  million or more: (2) a major increase in
  costs or prices for consumers,
  individual industries, federal, state, or
  local government agencies, or
  geographic regions; or (3) significant
  adverse effects on competition,
 employment, investment.- productivity.
  innovation, or on the ability of United
 States-based enterprises to compete
 with foreign based enterprises in
 domestic or export markets.
   The Office of Management and Budget
 has exempted individual state
 codifications from the requirements of
 section 3 of Executive Order 12291.

 Paperwork Reduction Act

   Under the Paperwork Reduction Act.
 44 U.S.C. 3501 el seq., federal agencies
 must consider the paperwork burden
 imposed by  any information request
 contained in a proposed or final rule.
 This rule will not impose any
 information requirements upon the
 regulated community.

 List of Subjects in 40 CFR Part 282

   Environmental protection. Hazardous
 substances. Incorporation by reference.
 Intergovernmental relations, State
 program approval. Underground storage
 tanks, Water pollution control.
  Dated: OctoJier 13. 1993.
 Carol M. Browner,
 Administrator
  For the reasons set forth in the
 preamble, chapter I of title 40 of the
 Code of Federal Regulations is amended
 by adding a new part 282 to read as
 follows:

 PART 282-APPROVED UNDERGROUND
 STORAGE TANK PROGRAMS
 Subpart A—General Prevision*
 Sec.
 282.1  Purposa and scop*.
 282.2  Incorporation by reference.
 282.3-282.49  [Reserved)

Subput B—Approved State Programs
 282.50-282.78 IReserved)
282.79-Nevr Hampshire.
282.80-282.10.S (Reserved)
Appendix A to Part 282—Slate
Requirement!  Incorporated by Refereae* in
Part 282 of the Code of Federal Regulations
   Authority: 42 U.S.C 6912. 6991C. 699ld.
 and 6991o.

 PART 282—APPROVED   j
 UNDERGROUND STORAGE TANK
 PROGRAMS            '

 Subpart A—General Provisions

 5 282.1  Purpose and scop*.
   This part sets forth the applicable
 state underground storage tank
 programs under section 9004 of the
 Resource Conservation and Recovery
 Act (RCRA), 42 U.S.C. 6991c and 40
 CFR part 281. "State" is defined in 42
 U.S.C. 1004(31) as "any of the several
 states, the District of Columbia, the
 Commonwealth of Puerto Rico, the
 Virgin Islands, Guam, American Samoa,
 and the Commonwealth of the Northern
 Mariana Islands."

 $ 28&2  Incorporation by reference.
   (a) Material listed as incorporated by
 reference in part 282 was approved for
 incorporation by reference by the
 Director of the Federal Register in
 accordance with 5 U.S.C 552(a) and 1
 CFR part 51. Material is incorporated as
 it exists on the date of the approval, and
 notice of any change in  the material will
 be published In the Federal Register.
  (b) Copies of materials incorporated
 by reference may be inspected at the
 Office of the Federal Register, 800 North
 Capitol Street. NW.. suite 700.
 Washington, DC Copies of materials
 incorporated by reference may be
 obtained or inspected at the EPA OUST
 Docket. 401 M Street, SW., Washington.
 DC 20460, and at the library of the
 appropriate Regional Office listed
 below:
  (l) Region 1 (Connecticut, Maine,
 Massachusetts. New Hampshire. Rhode
 Island. Vermont): JFK Federal Building.
 Boston. MA 02203-2211.
  (2) Region 2 (New Jersey, N«w York,
 Puerto Rico, Virgin Islands): Federal
 Office Building. 26 Federal Plaza, New
 York. NY 10278.
  (3) Region 3 (Delaware. District of
Columbia. Maryland, Pennsylvania.
Virginia. West Virginia): 841 Chestnut
St. Building. Philadelphia. PA 19107.
  (4) Region 4 (Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina. South Carolina, Tennessee):
345 Court land St.. NE. Atlanta, GA
30365.
  (5) Region 5 (Illinois, Indiana,
Michigan, Minnesota, Ohio, Wisconsin):
77 West Jackson Boulevard. Chicago. IL
60604.
  (6) Region 6 (Arkansas, Louisiana.
New Mexico. Oklahoma. Texas): 1445
Ross Avenue. Dallas. TX 7S202-2733.
  (7) Region 7 (Iowa, Kansas, Missouri
Nebraska): 726 Minnesota Avenue.
Kansas City. KS 66101.
  (8) Region 8 (Colorado. Montana,
North Dakota. South Dakota. Utah.
Wyoming): 999 18th Street. Denver. CO
80202-2405.
  (9) Region 9 (Arizona. California.
Hawaii, Nevada, Guam, American
Samoa, Commonwealth of the Northern
Mariana Islands): 75 Hawthorne Street,
San Francisco, CA 94105.
  (10) Region 10 (Alaska, Idaho, Oregon,
Washington): 1200 Sixth Avenue,
Seattle. WA 98101.
  (c) For an informational listing of the
state and local requirements
incorporated in part 282, see appendix
A to this part.

§$282.3 through 282.49 [Reserved]

Subpart B—Approved State Programs

«282.50-282.78  [Reserved]

§ 282.79  New Hampshire.
  (a) The State of New Hampshire is
approved to administer and enforce an
underground storage tank program in
lieu of the federal program under
subtitle I of the Resource Conservation
and Recovery Act of 1976 (RCRA). as
amended. 42 U.S.C. 6991 et seq. The
State's program, as administered by thd
New Hampshire Department of
Environmental Services, was approver
by EPA pursuant to 42 U.S.C. 6991c and
part 281 of this Chapter. EPA's approval
was effective on July 19. 1991.
  (b) New Hampshire has primary
responsibility for enforcing  its
underground storage tank program.
Hoxvever. EPA retains the authority to
exercise its enforcement authorities
under sections 9005 and 9006 of subtitle
I  of RCRA. 42 U.S.C. 6991d  and 69918.
as well as under other applicable
(statutory and regulatory provisions.
  (c) To retain program approval. New
Hampshire must revise its approved
program to adopt changes to the federal
subtitle I program which make it more
stringent, in accordance with section
9004 of RCRA. 42 U.S.C 6991c, and 40
CFR part 281. subpart E. If New
Hampshire obtains approval for the
revised requirements pursuant to
section 9004 of RCRA. 42 U.S.C 6991C.
the newly approved statutory and
regulatory provisions will be added to
this section and notice of any change
will be published in the Federal
Register.
  (d) New Hampshire has final approval
for the following elements submitted to
EPA in New Hampshire's program
application  for final approval and
approved by EPA on June 19, 1991.
becoming effective on July 19. 1991.

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                                                                        OSWER Directive  9650.15
  58626  Federal Register /  Vol. 53. No.  210 / Tuesday. November  2. 1993 / Rules and Regulations
  Copies may be obtained from the
  Underground Storage Tank Program.
  New Hampshire Department of
  Environmental Services, 6 Hazen Drive.N
  Concord. NH 03302-0095.
    (l) State statutes and regulations, (i)
  The provisions cited in this paragraph
  are incorporated by reference as part of
  the underground storage tank program
  under subtitle I of RCRA. 42 U.S.C. 6991
  etseq.
    (A) New Hampshire Statutory
  Requirements Applicable to the
  Underground Storage Tank Program.
  1993.
    (B) New Hampshire Regulatory
  Requirements Applicable to the
  Underground Storage Tank Program.
  1993.
    (ii) The following statutes and
  regulations are part of the approved
  state program, although not
  incorporated by reference herein for
  enforcement purposes.
   (A) The statutory provisions includes
  New Hampshire Revised Statutes
 Annotated (Supplement 1968) Sections
  146-C:9a. 146-QlO. and 146-QlOa; 147
 A:l through 147-A.-13; 541-A:1 through
 541-A.-10; 91-A:1 through 91-A:8.
   (B) The regulatory provisions include:
 New Hampshire Code of Administrative
 Rules (1990) Part Env. C-602.08: Part
 He-P  1905.
   (iii) The following statutory and
 regulatory provisions are broader in
 scope than the federal program, are not
 part of the approved program, and are
 not Incorporated by reference herein for
 enforcement purposes.
   (A) The statutory provisions include:
 New Hampshire Revised Statutes
 Annotated (Supplement 1988) Section
 146-Dl .XII. insofar as it refers to
 heating oil for consumptive use on the
 premises where stored.
   (B) The regulatory provisions include:
 New Hampshire Code of Administrative
 Rules (1990) Sections Env-Ws 411.01
 and 411.02, insofar as they refer to
 hearing oil for consumptive use on the
 premises where stored.
   (2) Statement of legal authority, (i)
 "Attorney General's Statement for Final
 Approval", signed by the Attorney
 General of New Hampshire on
 November 1.1990, though not
 incorporated by reference, is referenced
 as part of the approved underground
 storage tank program under subtitle I of
 RCRA. 42 U.S.C 6991 et seq.
  (ii) Letter from the Attorney General
 of New Hampshire to EPA.  November 1.
 1990, though not incorporated by
reference, is referenced as part of the
approved underground storage tank
program under subtitle I of RCRA. 42
U.S.C 6991 et seq.
   (3) Demonstration of procedures for
 adequate enforcement. The
 "Demonstration of Procedures For
 Adequate Enforcement" submitted as
 part of the original application In
 December 1990, though not  '
 incorporated by reference, is referenced
 as part of the approved underground
 storage tank program under subtitle I of
 RCRA. 42 U.S.C 6991  et seq.
   (4) Program description. The program
 description and any other material
 submitted as part of the original
 application in December 1990. though
 not incorporated by reference, are
 referenced as part of the approved
 underground storage tank program
 under subtitle I of RCRA. 42 U.S.C. 6991
 et seq.
   (5) Memorandum of agreement The
 Memorandum of Agreement between
 EPA Region I and the New Hampshire
 Department of Environmental Services,
 signed by the EPA Regional
 Administrator on August 8.1991,
 though not incorporated by reference, is
 referenced as part of the approved
 underground storage tank program
 under subtitle I of RCRA. 42 U.S.C 6991
 et seq.

 §§282.80-282.105 [Reserved]

 Appendix A to Part 282—State
 Requirements Incorporated by
 Reference in Part 282 of the Code of
 Federal Regulations
   The following Is an Informational listing of
 the state requirements incorporated by
 reference In pan 282 of the Code of Federal
 Regulations:

 Atew Hampshire
   (a) The statutory provisions include New
 Hampshire Revised Statutes Annotated 1955.
 1990 Replacement Edition, and 1992
 Cumulative Supplement. Chapter 146-C.
 Underground Storage Facilities:
 Section 146-C 1  Definition*, except for the
    following word* in 146-Cl. XII.
    "heating or."
 Section 146-G2  Discharge* Prohibited.
 Section 146-C3  Registration of
    Underground Storage Facilities.
 Section 146-O4  Underground Storage
    Facility Permit Required-
 Section 146-G5  Records Required:
    Inspections.
 Section 146-C6  Transfer of Ownership.
 Section 146-C6-*. Exemption.
Section 146-G7  New Facilities.
Section 146-C8  Prohibition Against
   Reusing Tanks.
Section 146-C9  Rukunaking.
Section 146-Gll  Liability for Cleanup
   Costs: Municipal Regulations.
Section 146-C 12  Federal Assistance and
   Private Funds.
  (b) The regulatory provisions include:
   (1) New Hampshire Code of Administrative
 Rules (November 1990) Part Env-Ws 411.
 Control of Underground Storage Facilities:
 Section 411.01  Purpose, except for the
     following words, "heating oils."
 Section 411.02  Applicability, except ft*
     411.02(d).
 Section 411.03  Definitions.
 Section 411.04  Registration.
 Section 411.05  Change in Use.
 Section 411.06  Information Required for
     Registration.
 Section 411.07  Permit to Operate.
 Section 411.08  Transfer of Facility
     Ownership.
 Section 411.10  Financial Responsibility.
 Section 411.11   Inventory Monitoring.
 Section 411.12  Regulated Substance
    Transfers.
 Section 411.13  Tightness Testing.
 Section 411.14  Certification of Technicians
     Performing Tightness Tests.
 Section 411.15  Tightness Test Failures.
 Section 411.16  Unusual Operating
    Conditions.
 Section 411.17  Temporary Closure.
 Section 411.18  Permanent Closure.
 Section 411.19  Prohibition Against Reusing
    Tanks.
 Section 411.20  Requirements for Approval
    of Underground Storage Systems.
 Section 411.21   Tank Standards for New
    Underground Storage Systems.
 Section 411.22  Piping Standards for New
    Underground Storage Systems.
 Section 411.23  Secondary Containment for
    New Tanks.
 Section 411.24   Secondary Containment for
    New Pressurized Piping.
 Section 411.25  Spill Containment and
    Overfill P.-otection.
 Section 411.26   Leak Monitoring for New
    Tanks.
 Section 411.27   Leak Monitoring for New
    Underground Piping Systems.
 Section 411.28   Installation of New
    Underground Storage Systems.
 Section 411.29   Release Detection for Tanks
    Without Secondary Containment and
    Leak Monitoring, except for the
    following words in 411.29{a), "With the
    exception of on premise use heating oil
    systems."
 Section 411.30   Release Detection for Piping,
 Section 411.31   Operation of Leak
    Monitoring Equipment
 Section 411.32   Corrosion Protection for
    Steel Tanks.
 Section 411.33   Corrosion Protection for
    Piping.
 Section 411.34   Submission of Corrosion
    Protection Plan.
 Section 411.35   Reiining Steel Tanks.
 Section 411.36   Repair of Fiberglass-
    Reinforced Plastic Tanks.
 Section 411.37   Repair and Replacement of
    Piping Systems.
 Section 411.38   Field Fabricated Tanks.
Section 411.39   Secondary Containment for
    Hazardous Substance Systems.
Section 411.40   Waivers.
  (2) New Hampshire Cod« of Administrative
Rules (November 1990) PartEnv-Wt 412.
Reporting and Remediation of Oil Discharges:
Section 412.01   Purpose.
Section 412.02   Applicability.
                                                                                                                      2-7

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                                                               OSWER  Directive  9650.15



          Federal Register / Vol.  58.  No. 210 / Tuesday, November 2.  1993 /  Rules and Regulations   58627


 Section 412.03 Definitions.                Section 412.09 Investigation Due to         Section 412.12  Removal Action Plan.
 Section 412.CJ4 Notification.                   Discovery of Discharge* from Unknown   Section 412.13  Public Notification
 Section 412.05 Initial Response Action.         Source*.                             Section 412.14  Waivers
 **!-°n2"ft7 p^S'^r1"*8-,        Section 412.10 Site Investigation.           |FR Doc, 9>
•££::>:!» iMtSSELtaL   SeC"0""2-"  Site .nvesti^ion Report.     ^^

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                                        OSWER Directive 9650.15








APPENDIX B:   VERMONT CODIFICATION RULE ("STAND-ALONE" RULE)




                                      /

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                                          OSWER Directive 9650.15
ENVIRONMENTAL PROTECTION AGENCY        /
                                      !,•
40 CFR Fart 282
(FRL -       )
Underground storage Tank Programs  Approved state Program for
Vermont
AGENCY:  Environmental Protection Agency  (EPA).
ACTION:  Immediate final rule.

SUMMARY:  The Resource Conservation and Recovery Act of 1976, as
amended  (RCRA), authorizes the U.S. Environmental Protection
Agency (EPA) to grant approval to states to operate their
underground storage tank programs in lieu of the federal program.
40 CFR part 282 codifies EPA's decision to approve state programs
and incorporates by reference those provisions of the state
statutes and regulations that will be subject to EPA's inspection
and enforcement authorities under sections 9005 and 9006 of RCRA
subtitle I and other applicable statutory and regulatory
provisions.  This rule codifies in part 282 the prior approval of
Vermont's underground storage tank program and incorporates by
reference appropriate provisions of state statutes and
regulations.

DATES:  This regulation is effective [insert date 60 days after
publication], unless EPA publishes a prior Federal Register
notice withdrawing this immediate final rule.  All comments on
the codification of Vermont's underground storage tank program

                          *** DRAFT ***

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                                            OSWER Directive 9650.15

must be received by the close of business  [insert date 30  days
after publication].  The incorporation by  reference  of certain
public?itions listed in the regulations-' is  approved by the
Director of the Federal Register , as of [insert date 60 days
after publication], in accordance with 5 U.S.C. 552(a).

ADDRESSES:  comments may be mailed to the  Docket Clerk (Docket
No.       ), Underground Storage Tank Program, HPU-CAN7, U.S.  EPA
Region 1, JFK Federal Building, Boston, MA 02203-2211.  Comments
received by EPA may be inspected in the public docket,  located in
the Waste Management Division Record Center, 90 Canal  St.,
Boston, MA 02203 from 9 a.m. to 4 p.m., Monday through Friday,
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT:  Joan Coyle, Underground  Storage
Tank Program, HPU-CAN7, U.S. EPA Region I, JFK Federal Building,
Boston, MA  02203-2211.  Phone: (617) 573-9667.

SUPPLEMENTARY INFORMATION:
Background
     Section 9004 of the Resource Conservation and Recovery Act
of 1976,  as amended, (RCRA), 42 U.S.C. 6991c, allows the U.S.
Environmental Protection Agency to approve state underground
storage tank programs to operate in the state in lieu  of the
federal underground storage tank program.  EPA p\.  -ished a
Federal Register document announcing its decision to grant

                          *** DRAFT ***                         2

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                                                OSWER Directive 9650.15
approval to Vermont.   (57 FR 186, January 3, 1992).  Approval was
effective on February  3, 1992.         /
     EPA codifies its approval of State programs in 40 CFR part
282 and incorporates by reference therein the state statutes and
regulations that will be subject to EPA's inspection and
enforcement authorities under sections 9005 and 9006 of subtitle
I of RCRA, 42 U.S.C. 699ld and 6991e, and other applicable
statutory and regulatory provisions.- Today's rulemaking codifies
EPA's approval of the Vermont underground storage tank program.
This codification reflects the state program in effect at the
time EPA granted Vermont approval under section 9004(a), 42
U.S.C. 6991c(a) for its underground storage tank program.  Notice
and opportunity for comment were provided earlier on the Agency's
decision to approve the Vermont program, and EPA is not now
reopening that decision nor requesting comment on it.

     This effort provides clear notice to the public of the scope
of the approved program in each state.  By codifying the approved
Vermont program and by amending the Code of Federal Regulations
whenever a new or different set of requirements is approved in
Vermont, the status of federally approved requirements of the
Vermont program will be readily discernible.  Only those
provisions of the Vermont underground storage tank program for
which approval has been granted by EPA will be incorporated by
reference for enforcement purposes.

                        *** DRAFT ***                             3

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                                             OSWER Directive 9650.15
     To codify EPA's approval of Vermont's underground storage
tank program, EPA has added section 282^95 to title 40 of the
                                      //'
CFR.  flection 282.95 incorporates by reference for enforcement
purposes the State's statutes and regulations,  section 282.95
also roferences the Attorney General's Statement, Demonstration
of Adequate Enforcement Procedures, the Program Description, and
the Memorandum of Agreement, which are approved as part of the
underground storage tank program under subtitle I of RCRA.

     The Agency retains the authority under sections 9005 and
9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other
applicable statutory and regulatory provisions to undertake
inspections and enforcement actions in approved states,  with
respect to such an enforcement action, the Agency will rely on
federal sanctions, federal inspection authorities, and federal
procedures rather than the state authorized analogs to these
provisions. Therefore, the approved Vermont enforcement
authorities will not be incorporated.by reference.  Section
282.95 lists those approved Vermont authorities that would fall
into this category.

     The public also needs to be aware that some provisions of
the state's underground storage tank program are not part of the
federally approved state program.  These non-approved provisions
are not part of the RCRA Subtitle I program because they are
"broader in scope" than Subtitle I of RCRA.  See 40 CFR
                          *** DRAFT ***                         A

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                                               OSWER Directive 9650.15

281.12(a)(3)(ii).  As a result, state provisions which are
"broader in scope" than the federal program are not incorporated
                                      f
by reference for purposes of enforcement in part 282.  Section
282.95 of the codification simply lists for reference and clarity
the Vermont statutory and regulatory provisions which are
"broader in scope" than the federal program and which are not,
therefore, part of the approved program being codified today.
"Broader in scope" provisions cannot be enforced by EPA; the
State, however, will continue to enforce such provisions.

certification Under the Regulatory Flexibility Act
     This rule codifies the decision already made  (57 FR 186,
Jan. 3, 1992) to approve the Vermont underground storage tank
program and thus has no separate effect.  Therefore, this rule
does not require a regulatory flexibility analysis.  Thus,
pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), I hereby certify that this rule will not have a
significant economic impact on a substantial number of small
entities.

Compliance With Executive Order 12866
     The Office of Management and Budget has exempted this rule
from the requirements of Section 6 of Executive Order 12866.

Paperwork Reduction Act
                          *** DRAFT ***

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                                             OSWER Directive
Approved State Program Fny Vermont— Pace 6 of 15
     Under the Paperwork Reduction Act'i 44 U.S.C. 3501 et seg. ,
Federal agencies must consider the paperwork burden imposed by
any information request contained in a proposed or final rule.
This rule will not impose any information requirements upon the
regulated community.

List of Subjects in 40 CFR part 282
     Environmental protection, Hazardous substances,
Incorporation by reference, Intergovernmental relations, state
program approval, Underground storage tanks, Water pollution
control .
Dated:
John DeViliars,
Regional Administrator
                          *** DRAFT ***

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                                       OSWER Directive 9650.15
For the reasons set forth in the preamble, 40 CFR Part  282  is
proposed to be amended as follows:     I
                                       i'
PART 282 - APPROVED UNDERGROUND STORAGE TANK PROGRAMS

1.  The authority citation for part 282 continues to read as
follows:
     Authority:  42 U.S.C. 6912, 6991c, 6991d, and 6991e.
2.  Subpart B is amended by adding § 282.95 to read as  follows:

Subpart B - Approved State Programs

§282.95 - Vermont State-Administered Program.

     (a)  The State of Vermont is approved to administer and
enforce an underground storage tank program in lieu of the
federal program under Subtitle I of the Resource Conservation and
Recovery Act of 1976 (RCRA) , as amended, 42 U.S.C. 6991 efr seq.
The State's program, as administered .by the Vermont Department of
Environmental Conservation,  was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this Chapter.  EPA approved the
Vermont program on January 3, 1992 and it was effective on
February 3, 1992.

     (b)  Vermont has primary responsibility for enforcing its
underground storage tank program.  However, EPA retains the
authority to exercise its inspection and enforcement authorities
                          *** DRAFT ***                         7

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                                          OSWER Directive 9650.15
under sections 9005 and 9006 of subtitle I of RCRA,  42  U.S.C.
6991d and 6991e, as well as under other; statutory and regulatory
                                       t
provisions.
     (c)  To retain program approval, Vermont must revise  its
approved program to adopt new changes to the federal subtitle  I
program which make it more stringent, in accordance with section
9004 of: RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, subpart E.
If Vermont obtains approval-- for~th& revised requirements pursuant
to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved
statutory and regulatory provisions will be added to this  subpart
and notice of any change will be published in the Federal
Register.

     (d)  Vermont has final approval for the following elements
submitted to EPA in Vermont's program application for final
approval and approved by EPA on January 3, 1992.  Copies may be
obtained from .the.Underground-Storage Tank Program, Vermont
Department of Environmental Conservation, 103 South Main Street,
West Building, Waterbury, VT  05671-0404.

     (1)  State statutes and regulations.    (i)  The provisions
cited in this paragraph are incorporated by reference as part  of
the underground storage tank program under subtitle I of RCRA, 42
U.S.C.  6991 e± seq.


                          *** DRAFT ***                         8
                                                                      •38

-------
                                        OSWER Directive 9650.15  .
      (A)   Vermont Statutory Requirements Applicable to the
           Underground Storage Tank/Program, 1994.
      (B)   Vermont Regulatory Requirements Applicable to the
           Underground Storage Tank Program, 1994.

 (ii)  The following statutes and regulations are part of the
      approved state program, although not incorporated by
      reference "herein- "for ^enrorcement purposes.

      (A)   The statutory provisions include:  Title 10
           Vermont Statutes Annotated, Chapter 59, Sections
           1932 through 1935.

      (B)   The regulatory provisions include:  Vermont
           Environmental Protection Rules, Chapter 8,
           Sections 104 through 106.

(iii)  The following statutory and regulatory provisions are
      broader in scope than the federal program, are not part
      of the approved program, and are not incorporated by
      reference herein for enforcement purposes.

      (A)   Title 10 Vermont Statutes Annotated, Chapter 59,
           Section 1929, insofar as it refers to registration
           requirements for tanks greater than 1,100 gallons

                      *** DRAFT ***                         9

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                                           OSWER Directive 9650.15

               containing heating oil consumed  on  the  premises
               where stored.           ,;
                                       //

           (B)  Vermont Environmental Protection Rules,  Chapter 8,
               Section 301, registration requirements,  and
               Section 605(2), permanent closure requirements,
               insofar as they refer to tanks greater  than  1,100
               gallons containing heating oil consumed on the
               premises where* stored^

      G!)   Statement of legal authority.    (i)  "Attorney
General's  Statement for Final Approval", signed by the Attorney
Genera:, of Vermont on April 11, 1991, though not incorporated  by
reference, is referenced as part of the approved underground
storage; tank program under Subtitle I of RCRA,  42  U.S.C. 6991
et seqr

      (:.i) Letter, from the Attorney General of Vermont  to EPA,
          April 11, 1991, though not incorporated  by reference,
          is referenced as part of the approved underground
          storage tank program under Subtitle I of RCRA, 42
          U.S.C. 6991 g£ seq.
     P)  Demonstration of procedures for adequate enforcement.
The "Demonstration of Procedures for Adequate Enforcement"
submitted as part of the original application in May 1991, though

                          *** DRAFT ***                        10

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                                             OSWER Directive 9650.15
not incorporated by reference, is referenced as part of  the
approved underground storage tank program under subtitle I  of
RCRA, 42 U.S.C. 6991 et sea.
     (4) Program Description.  The program description and  any
other material submitted as part of the original application  in
May 1991, though not incorporated by reference, are referenced as
part of the approved underground storage tank program under
Subtitle I of RCRA, 42 U.S.C: 6991 e£ seq.

     (5)  Memorandum of Agreement.  The Memorandum of Agreement
between EPA Region I and the Vermont Department of Environmental
Conservation, signed by the EPA Regional Administrator on March
2, 1992, though not incorporated by reference, is referenced  as
part of the approved underground storage tank program under
subtitle I of RCRA, 42 U.S.C. 6991 et sea.

3.   Appendix A .to Part..282- is amended, by adding in alphabetical
     order "Vermont" and its listing.
                          *** DRAFT ***                        11

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                                           . OSWER Directive 9650.15

APPENDIX A TO PART 282 - state Requirements Incorporated by
Reference in part 282 of the code of Federal Regulations
*****
                             Vermont
(a)  The statutory provisions include Vermont Statutes Annotated,
1992, Chapter 59. Underground Liquid Storage Tanks:
     Section 1921
     Stiction I922r
     Section 1923

     Section 1924
     Saction 1925
     Section 1926
     Section 1927
     Section 1928

     Section 193a
     Section 1931

     Section 1936
     Section 1938
     Section 1939
     Section 1940

     Section 1941
Purpose.
Definitions;
Notice of New or Existing Underground
Storage Tank.
Integrity Report.
Notice in Land Records.
Unused and Abandoned Tanks.
Regulation of Category One Tanks.
Regulation of Large Farm and Residential
Motor Fuel Tanks.
Implementation; Coordination.
Inspections; Right of Entry;
Information.
Licensure of Tank Inspectors.
Underground storage Tank Trust Fund.
Risk Retention Pool.
Underground Storage Tank Incentive
Program.
Petroleum Cleanup Fund.
                          *** DRAFT ***
                                      12
                                                                     9-2.

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                                        OSWER Directive 9650.15

     Section 1942        Petroleum Distributor Licensing Fee.
     Section 1943        Petroleum Tank/Assessment.
     Section 1944        Underground Storage Tank Loan Assistance
                         Program.

(b)   The regulatory provisions include State of Vermont, Agency
    of Natural Resources, Underground Storage Tank Regulations,
    February 1, 1991:

     (1)  Subchapter 1:  General.
          Section 8-101        Purpose.
          Section 8-102        Applicability.
          Section 8-103        Severability.
     (2)  Subchapter 2:  Definitions.
          Section 8-201        Definitions.
     (3)  Subchapter 3:  Notification and Permits.
          Section 8-301        Notification,  except for the
                              following words in section 8-
                              301(1), "Notification is also
                              required for any tank used
                              exclusively for on-premises heating
                              that is greater than 1100 gallons
                              in  size."
          Section 8-302        Permits.
          Section 8-303        Financial Responsibility
                              Requirements.

                          *** DRAFT ***                        13

-------
                                       OSWER Directive 9650.15


     Section 8-304       Petroleum Tank Assessment.
     Section 8-305       innovative Technology.
                                 //
 (4)  Subchapter 4: Minimum Standards for New and
Replacements Tanks and Piping.
     Section 8-401       General Requirements.
     Section 8-402       Tanks - Design and Manufacturing
                         Standards.
     Section 8-403       Tanks - Secondary Containment.
     Section 8-404       Tanks•- Release Detection.
     Section 8-405       Piping - Design and Construction.
     Section 8-406       Compatibility.
     Section 8-407       Spill and Overfill Prevention
                         Equipment.
     Section 8-408       Installation.
 (!•)  Subchapter 5: Minimum Operating Standards for Existing
Tanks and Piping.
     Section 8-501       General Requirements.
     Section 8-502...      Spill and Overfill Prevention.
     Section 8-503       Corrosion Protection of Metallic
                         Components.
     Section 8-504       Release Detection.
     Section 8-505       Compatibility.
     Section 8-506       Repairs.
(Ci)  Subchapter 6: Reporting, Investigation, Corrective
Action and UST Closure.
                     *** DRAFT ***                         14

-------
                                           OSWER Directive 9650.15
          Section 8-601       General Requirement,  except for the
                              following} words,  "Heating oil tanks
                              greater than  1100 gallons capacity
                              used exclusively  for  on-premise
                              heating purposes  are  subject to the
                              requirements  for  permanent closure
                              in accordance with  subsection 8-
                              605(2)."
          Section 8-60?       Reporting.
          Section 8-603       Release Investigation and
                              Confirmation.
          Section 8-604       Corrective Action.
          Section 8-605       Closure of USTs.
     Appendix A  Groundwater Monitoring Requirements.
     Appendix B  Inventory Monitoring Procedures.
     Appendix C  Procedures for Manual Tank Gauging.
     Appendix D  Installation Requirements  Applicable to New and
                 Replacement UST Systems.

BILLING CODE  (insert billing code number)
                          *** DRAFT ***                        15

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           -                        OSWER Directive 9650.15




APPENDIX  C:   FEDERAL REGISTER  DOCUMENT REQUIREMENTS

-------
                                        THE DOCUMENT
• Bond  paper or  legible   • Margins as shown.
  photocopy.               • Double space text.
• 8>V xll*
                                                     • Typed name and title.
                                                     • Ink signature.
                                      8l/a"
                                                          • Three originals or one
                                                            original  and two  certi-
                                                            fied copies.
                  r
                                                                    Onginal
                           [Billing Coda 9999-90)
                    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
                    36 CFR Part 1200
                    Official Seal*
AGENCY: ' ' '
ACTION: ' ' '
SUMMARY: ' ' '
DATES: '  ' '
ADDRESSES: ' ' '
FOR FURTHER INFORMATION CONTACT: '
SUPPLEMENTARY INFORMATION: ' ' '
                                                                      1*
                    Typed name
                    Title
                  r
                                                            Copy
                                                             t
                      certified to be a true
                      copy of the original doaunrat
                                                                                           Copy
                                    certified to b« a true
                                    copy of tha orifinal documant
62

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     'f

                                 OSWER Directive 9650.15


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
               WASHINGTON oc  20-560       Margaret  Schneider
                                       OSWER
                             ^          OS-110 Rm. SE306K
                   MAY  1 7
MEMORANDUM
                                                  AOMINISTSATQP
SUBJECT:   Identifying Federal  Register  Documents  for Signature

TO:        Assistant Administrators
           General Counsel
           Inspector General
           Associate Administrators
           Regional Administrators
           Staff Office Directors

      Recently a number of  Federal Register documents have  been
submitted  for signature with a signature page that displays  only  a
signature  block.   Although the Office of Executive Secretariat (OEX)
normally returns such documents for correction, there have been
several that were so urgent that they bypassed the normal  quality
control channels.   It is obviously not  in the Agency's  interest to
have  unidentified pages containing only the  signature.

      I am  therefore implementing a new  Agencywide policy that  will
solve this potentially serious problem.  Effective immediately, all
Federal Register documents for signature that will be transmitted to
the Federal  Register Office should contain the following information
at th« top of the signature page, regardless of whether the  page  has
text  ia addition to the signature line:

      IDENTIFICATION OF DOCUMENT: (Insert document title from  ie
                                  Rule/Notice or  CIP/SIP.  ale  j with
                                  the page number)

      EXAMPLE:
     Please be sure that the title  is specific so that it adequately
     identifies the document to which it refers.

     Both th« Office of Policy, Planning and Evaluation  (OPPE)  and OEX
will check each package to ensure the proper signature page
identification.  For delegated signatures, the Federal Register
Liaison in OPPE will assure this information is in place.  Documents
without appropriate identification  will be returned for  revision.
     If you have questions regarding this procedure, please contact
Jane Stewart, chief of the Regulatory Development Branch, OPPE, at
(202) 260-6387.
                                        Carol
                                        Browner
                                                                    So

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                                         OSWER Directive 9650.15

              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                         WASHINGTON, D.C. 20460

  '« o-O'^


                                     /

                            JAi! 1 3 ft j
                                                        OFFCEOF
                                                 POLICY.PIANNING AND EVALUATION
MEMORANDUM
SUBJECT:   Availability of Federal Register Typesetting Discount
           for Disk Submission

FROM:      Jane Stewart, Chie.
           Regulatory Development Branch
                             v
TO:        Steering Committee Representatives
           Regional Regulatory Contacts
           Funds Certifying Officers


     Beginning January 1, 1993,  the Government Printing Office
(GPO)  is  offering a new cost saving opportunity to Federal
Agencies.   All Agency Federal Register documents submitted with
disks  to  the Office of the Federal Register prepared using either
WordPerfect or ASCII formats will qualify for a 20% discount on
the page  rate for published text.  This will reduce our cost from
$125 per  column ($375 per page)  to $100 per column ($300 per
page).  This can amount to a substantial cost savings for a
lengthy document.

     In order to receive the discount, offices submitting a disk
must provide the following information:

1.   A disk (preferably a 3.5 high density)  with a label
     including the Agency, Filename and Format, such as':
     WordPerfect or A5CTT7  Ir~yeu~ wishrtoTiave the disk
     returned to your office submit a self addressed EPA
     envelope and state on the disk label that the it should
     be returned to EPA.

2.   To ensure a discount all documents must contain the
     appropriate Billing Code at the end of the document to
     read as follows:

     BILLING CODE  6560-50-P (WordPerfect disk)*
     BILLING CODE  6560-50-U (.Unformatted, ASCII)

3.   The  Federal Register Typesetting Request form should
     include,  in the blank space at the bottom, the
     following information:
                                                          Printed on Recycled Paper

                                                                       SI

-------
                                          OSWER Directive 9650.15
     "This document was submitted with? a disk and is
      eligible for the 20% typesetting discount."

3.   A memo  (example attached)  should be submitted with the disk
     verifying that the hard copy matches the disk. An original
     and three hard copies are  still required by OFR.  The memo
     verifying the disk should  be from the person most familiar
     with the document, such as the program office contact, in
     most cases it is not the signing official who can verify the
     document.

     If substantial formatting  changes are necessary to ensure
Federal Register requirements are met the disk will be returned
to the program office contact for the revisions to be made to the
disk.  If minor changes are necessary these changes will be made
by the Federal Register Liaison in OPPE's Regulatory Development
Branch (RDB).

     Additionally, the GPO will provide WordPerfect templates for
common types of Federal Register documents.  Offices which submit
a disk using the template will  increase their discount rate to
25% and a $94 column rate ($282 per page).  The ROB is currently
exploring the use of templates  with GPO, and we will advise you
on their availability and use as soon as we have clear guidance
and instructions from GPO.  In  the meantime, you may take
advantage of the 20% discount offered by simply submitting
documents on WordPerfect or ASCII.

     If you have questions or want further information, please
contact Vickie Reed in RDB at 202-260-7204.
Attachment
cc:  Regional OAR Division Directors
     Regional OSWER Division Directors
     Regional OW Division Directors
                                                                   -T2-

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                                      '• OSWER Directive 9650.15


APPENDIX D:   GUIDANCE ON PREPARING AND  SUBMITTING FEDERAL
                    REGISTER DOCUMENTS

-------
                                                  OSWER Directive 9650.15

                GUIDANCE ON PREPARING PEPgRALyaEGISTER NOTICES
                                             '/

      This appendix provides guidance on publishing a document in the Federal
Register.  In addition, the appendix contains model Federal Register notices
for State program approval.  These models have been prepared in Federal
Register format for your convenience.

      In preparing a document for publication in the Federal Register, the
author(s) must observe several important formatting and editing
specifications.  The following sections outline and explain the most important
of these document guidelines.


I.  Federal Register Checklist

      Each Federal Register package must include a completed Federal Register
checklist.  This two-page form consists of "yes" or "no" questions concerning
the document's compliance with the following format and content requirements:

                  Billing code information;
                  Headings (e.g., Agency name, CFR Part, subject);
                  Preamble requirements (e.g., summary of proposed action,
                  addresses for public comment, supplementary analysis);
                  Words of issuance;
                  Regulatory text;
                  Signature; and
                  Consecutive page numbers.


      All submissions to the Federal Register must also fulfill the following
lay-out specifications:

                  Bond paper or legible photocopy (8-1/2* x 11");
                  Single-sided copies;
                  One-inch margins from top, bottom, and right sides;  1-1/2-
                  inch margin from left side;
                  Double-spaced text;
                  Typed naae and title of signing official, ink signature;
                  Deliver three originals with ink signatures;  the signature
                  may not appear on a page by itself; and
                  Pag* numbers must be consecutive and appear at the bottom of
                  the page.

      A sample Federal Register checklist is included in this appendix.

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                                                  OSWER Directive 9650.15

II.  Typesetting Request                     /

      This one-page form (EPA Form 2340-15) includes the financial data  and
the approximate cost of typesetting a document submitted for publication in
the Federal Re'gister.  The Management Division Director may require certain
signatures on this form.  Data on the following items are also required:

                  Title of rule;
                  Number of manuscript pages;
                  Number of columns;
                  Estimated cost; and
                  Financial data.

      The approximate cost is $125.00 per column and $375.00 per page in  the
Federal Register.  A sample typesetting request form is included in this
appendix along with instructions for completing the form.


III.  Eirpedlted Printing Request

      If a document must be published promptly in order to meet statutory
deadlines, the author(s) may submit an expedited printing request.  This  form
is a letter requesting publication of the document at the earliest possible
date or prior to a certain date, and must also justify the reason for the
request.  The workgroup chairman should submit the letter to the Director of
the Executive Agencies Division at the Office of the Federal Register (Attn:
Martha Girard; The Office of the Federal Register; National Archives and
Records Services, GSA; Washington, D.C.  20408; (202) 523-5240).

-------
                                             OSWER Directive 9650.15
                               REGISTER CHBCirT,TTr
                NQTI^g,  Ppnpnc?ED AND PT^AL RTT|,R nnrrTMflNTq


 [Attach to all documents  that  are to be published in the Federa\
Register.  Only complete  the section thafc  applies to the document to be
published.  All of  these  questions can be  answered through the Federal
Register Document Drafting  Handbook (DDH)].


SECTION ONBt   NOTICE DOCUMENTS

      (This section  applies  to  Notice of public  hearings,  meetings and/or
     workshops, Correction  Notices,  Notices  extending comment periods,
     and Notices of Availability)


                                                                   Yes    No
                                                                       i
                                                                       I
1.   Is your document classified  correctly?   If it is                 !
     rule related,  or a technical  amendment  it  may be                 !
     considered a proposed  or  final  rule.   (DDH 5-7)                   '

2.   Does you document include the required  preamble                  j
     elements  (optional for notices):   Agency Action;                  i
     Summary; Dates; Addresses; For  Further  Information                I
     Contact; Supplementary Information?   (DDH  51-55)                  I
                                                                       i
3.   Does your summary answer  the  three required                      j
     questions:  What you're doing,  Why you're  doing
     it, and the Intended Effect of  your action?                       !
     (DDH 53)

4.   Is the signer's name and  title  printed  below the                 <
     signature?  (DDH 61)                                              \

5.   Are the pages numbered consecutively?

6.   Are the copies sharp,  clear,  and  legible,  especially
     illustrations?

7.   Are you submitting the original plus  3  copies?   Do
     your copies match?   (DDH  62)
                              SIGNED

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                                             OSWER Directive 9650.15


        TWO t   PROPOSED AND FINAL RULES
l.   Does your document include the required
     preamble elements:  AGENCY, ACTION/; SUMMARY,
     DATES, ADDRESSES, FOR FURTHER INFORMATION
     CONTACT, .SUPPLEMENTARY INFORMATION?   (DDH 12-18)

2.   Does your Summary answer the three required
     questions:  What you're doing, Why you're doing
     it, and the Intended Effect of your action?   (DDH 14)

3 .   Have you included your List of, Subjects  (Thesaurus
     Terms) at the end of Supplementary Information?   (DDH 18)

4 .   Is your Amendatory language clear and correctly
     worded?  (DDH 25-26)

5.   Is your . Authority Citation your first amendment?  (DDH  19)

6 .   Did you use the most recent version of the CFR and
     LSA?   (DDH 26)

7.   Have you included the Table of Contents  for each
     entire CFR part or subpart that you are  adding or
     amending?  Do headings in the regulatory text match
     those in the table of contents?   (DDH 36)

8.   Are all CFR paragraphs given a letter or number in
     correct sequence?  (a), (1), (i) ,  (A)  (DDH 30)

9.   Is text of regulation displayed correctly (include
     all section headings, and place the asterisks
     appropriately?  (DDH 30)

10.  Are the pages numbered consecutively?

11.  Are your copies sharp, clear, and legible, especially
     illustrations?

12.  Is there a new OMB control number?  If so, is it
     mentioned in the amendatory language and set out
     correctly?  (DDH 36)

13.  Is the signer's name and title printed below the
     signature?  (DDH 61)

14.  Are you preparing a proposed and final rule?  They
     cannot be prepared in the same document; they must be
     separate documents.   (DDH 7)

15.  Are you submitting the original plus 3 copies?  Do
     your copies match?   (DDH 62)
                              SIGNED
                                                                 SB

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                                               OSWER  Directive 9650.15
TYPESETTING REQUEST FORM


                                           /
Item 1 - fill in the title of the Federal Register submission.

Item 2 - Include the type of submission (e.g., proposed rule, final rule).

Item 3 - Obtain number from the Agency Printing Officer.  The number is
supplied by the Government Printing Office.

Item U - To be completed by the Office of the Federal Register.

Item 5 - To be completed by the Office of the Federal Register.

Item 6 - To be completed by the Office of the Federal Register.

Item 7 - Fill in the number of pages of your regulatory document.

Item 8 - To estimate the columns:  two pages of double spaced text yields one
Federal Register column.

Item 9 - To estimate the cost: $125.00 per Federal Register column;
                               $375.00 per Federal Register page;
                              . A table or graph is considered as one page.

Item 10 - Financial data should be supplied by the committment clerk in OUST.
This data must include the document control number; the account code; the
object class code; and the dollar amount.

Item 11 - The program manager's signature.

Item 12 - The Federal Register designee's signature.  The Federal Register
designee is located in the Office of the Assistant Administrator for OSWER.

Item 13 - The comnitaent clerk for OUST (or the committment clerk for the
office paying for the publication) should sign hert.

OSWER Requirements;
                                                                          r-
The Offiet Director and the Assistant Administrator art also required to sign
all Federal Register typesetting requests.

-------
                                                             OSWEK  Directive
                 FEDERAL REGISTER TYPESETTING REQUEST
                                                                   j • 9. 10. 11. '7 i"0 >]  • §•» •
                                                                   J eo»» ««mo«f 7 «"O wo""* —i

                                                                    mt HQ. *MOr«i •tgitif 0" st
2. SUiMlTTlNC ACT I VIT'
                                                                                Ol«t« .t«m( ]. 4. J
                                                                                !O
                                                                                to
4. OMN
                                                     f. •«. LI NO COOt
«. POUWAMOie TO CfA.
                                                                                     IOATI
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       This  document  was submitted with a disk and  is eligible for the 20% typesetting
       discount.
     OUST Offlet  Dlrtctor
     OSWER Assistant Adainistrator

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              underground Storage Tanks  OS-420UF
                      703-308-8863
   FOAM PUBLICATION. OR ISSUANCE NO.. AND TITLE OR DESCRIPTION
  Federal Register Photo-prints (TVosets)  Estimated  Cost $28.00 ($14/set)
  Uhderground Storage Tank Program; Approves  State Program for  New Hampshire
 8. QUANTITY A/HO *Nn*t»*tr9**ll
  2  Seta  	
                             t.« OVERTIME AUTHORIZED TO
                             MffT OCSWCO DCUVtKY OATt?
                        ~  a
                                                                   MO
7. DESIRED DELIVERY DATI
                                        COMPOSITION AND PROOF
a. NUMBER Of PAGES SUBMITTED
 MANUSCmPT
        4
                                  B.TYPI
 12. ACTUAL IMAGE SBC
13. PROOF
 D»  D,
                                                 13a. GALLEY
                                                N*Sm
                             136. PAGE
13c SEND PROOF TO
                                                             No.S«a  HeUMvi
                                       PKEStWOUK AND JINDEHY
              14. NUMBER Of PIECES SUBMITTED
 •.CAMERA COPY
                                  d ILLUSTRATIONS
 b. NEGATIVES
                            0) HALFTONE
e. OVERLAYS
                            (2)UNECUT
                                                                 OHM«»U*
                            (3) OTHER
                                                           H
 1 B. TEXT PAPER (Gr**. Color,
IB. COLOR INK
                                                      20.M*rgin«AfW
                                                      Trtm
21.00VER ST
                                  22. COLOR INK
                    23. PERFORATEy^CORE PMM ID To»A^I.
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                                                                 28. ADDRESSING AND MAIUNO
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                                                                    c OTHER MAILING tA/Ucft Ate* or feting*
                                  ». ALLOTMENT NO.
                                   3BPC88F003
                                  32.0CNNO.
                                   TS0131
                    30. RETURN NEGATIVES. PLATES. COPY TO:
                    Lela Hagan-Bljou  OS-420WF
                    703-308-8863
33- RESTRKTIONS ON OUANTnY(Cft»«* <*•«*
 OlntemelUMOnlv    Otaprint
 D
             II* en Mt front
                                                                       34. DEUVEHTO;
38. APPROVED BY
  Lela Hagan-Bij
                                                      •.QUANTITY
                                                    ROOM    BLDG
  36.1 concur in the publication of the attached material and certify that h complies with Agency Order No. 2200.4A
•.SIGNATURE
                                                   6.AA/RAFOR
                                                tOATE
37. M this materiel te to to forwarded to the Office of External Affair*. Indfctte which of the foflowfno apply:

LJ HM poaey tmoflcrtenc *• p»r «tuch«d •*tUi*aon   I—1
                                           3B. APPROVED BY
 . FOR THE OFFICE OF EXTERNAL AFFAIRS (Sfgn«unf
                                                                                   b.OATE
EPA Fo*m 2340-1 (4-B4|                         PUBUCAT10N REVIEW RECORD AND PRINTING REQUEST
Replace* EPA Forms T-60.2340-6. end the previous edition of 2340-1, which ere obsolete.
                                                                                                       (,1

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                                           OSWER Directive 9650.15
APPENDIX E:   SAMPLE TRANSMITTAL LETTERS TO  THE OFFICE OF THE
                       FEDERAL REGISTER
                                     n

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                                         OSWER Directive 9650.15
Martha L. Girard, Director
Office of the Federal Register
National Archives and Records Administration
Washington, DC  20408


Dear Ms. Girard:

     Enclosed is a package containing a Federal Register notice
to codify approval of the underground storage tank program of the
State of Vermont.  Also enclosed is a copy of the material to be
incorporated by reference.  Our office requests that the Director
incorporate by reference the enclosed statutes and regulations of
the State of Vermont into 40 CFR Section 282.95.  This
incorporation by reference will substantially reduce the volume
of material that will need to be published in the Federal
Register.

     These materials are available to the public and copies may
be inspected at the U.S. EPA Region I Library, 1 Congress Street,
llth floor, Boston, MA 02203, the EPA OUST Docket at 401 M
Street, SW, Washington, DC 20460, the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington,
DC, or at the Underground Storage Tank Program, Vermont
Department of Environmental Conservation, 103 South Main Street,
West Building, Waterbury, VT 05676.

     Any questions or comments regarding this incorporation by
reference should be addressed to Joan Coyle, U.S. EPA Region I,
(617) 573-9667.


                                        Sincerely yours,
                                        [Insert Name]

                                        Division Director
                                        Division of Solid Waste
                                        U.S. EPA Region I
                                        JFK Federal Building
                                        Boston, MA 02203-2211
Enclosures

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                                           OSWER Directive 9650.15
Ms. Martha Girard, Director
Office of the Federal Register
National Archives and Records Administration
Washington, DC  20408

Dear Mr*. Girard:

This letter is to certify that the disk furnished with
Underground Storage Tank Program; Approved State Program  For  New
Hampshire, FRL-           , is a true copy of the original  signed
document, and it should be used by GPO in preparing the document
for publication.

                              Thank you,
                              Jerry Parker
                              Environmental Protection Specialist
                              Office of Underground Storage Tanks
                              Phone (703) 308-8884

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                                      OSWER Directive 9650.15
APPENDIX P  -  LIST OP CPR SECTIONS RESERVED FOR APPROVED
                     STATE  PROGRAMS

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                                          OSWER Directive 9650.15
Alabama - S282.50
Alaska - §282.51
Arizona - S282.52
Arkansas - §282.53
California - §282.54
Colorado - S282.55
Connecticut - §282.56
Delaware - §282.57
District of Columbia - §282.58
Florida - §282.59
Georgia - §282.60
Hawaii - §282.61
Idaho - §282.62
Illinois - §282.63
Indiana - §282.64
Iowa - §282.65
Kansas - §282.66
Kentucky - §282.67
Louisiana - §282.68
Maine - §282.69
Maryland - §282.70
Massachusetts - §282.71
Michigan - §282.72
Minnesota - §282.73
Mississippi - §282.74
Missouri - §282.75
Montana - §282.76
Nebraska - §282.77

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                                            OSWER Directive 9650.15
Nevada - §282.78
New Hampshire - §282.79
                                      //
New Jersey - §282.80                  ,»'
New Mexico - §282.81
New York - §282.82
North Carolina - §282.83
North Dakota - §282.84
Ohio - §282.85
Oklahoma - §282.86
Oregon - §282.87
Pennsylvania - §282.88
Rhode Island - §282.89
South Carolina - §282.90
South Dakota - §282.91
Tennessee - §282.92
Texas - §282.93
Utah - §282.94
Vermont- §282.95
Virginia - §282.96
Washington - §282.97
West Virginia - §282.98
Wisconsin - §282.99
Wyoming - §282.100
Guam - §282.101
Puerto Rico - §282.102
Virgin Islands - §282.103
American Samoa - §282.104
Commonwealth of the Northern Mariana Islands - §282.105

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                                         OSWER Directive 9650.15


APPENDIX 6:   SAMPLE INCORPORATION BY  REFERENCE BINDERS  (NEW
                          HAMPSHIRE)  ,

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                                     OSWER Directive 9650.15
          NEW HAMPSHIRE STATUTORY REQUIREMENTS
APPLICABLE TO THE UNDERGROUND STORAGE TANK PROGRAM,  1993
                      40 CFR  283.79
                                                                    7:

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                                           OSWER Directive 9650.15

                        TABLE  OF CONTENTS
Statutory Provisions
H«v Ha»p«bire Revised statutes Annotated 1955, 1990 Replacement
Edition, and 1992 Cumulative Supplement, Chapter  146-C,
underground Storage Facilities
146-C:1   Definitions, except  for the following words
          in 146-C:i. XII, "heating or."	   4,  17
146-C:2   Discharges Prohibited	   6,  18
146-C:3   Registration of Underground Storage
          Facilities.	   6
146-C:4   Underground Storage  Facility Permit Required...   8,  19
146-C:5   Records Required; Inspections	   8,  20
146-C:6   Transfer of Ownership	   9,  21
146-C: 6a  Exemption	   9
146-C:7   New Facilities	  10,  21
146-C:8   Prohibition Against  Reusing Tanks	  10,  22
146-C:9   Rulemaking	  10,  22
146-C:11  Liability for Cleanup Costs; Municipal
          Regulations	  13,  24
146-C: 12  Federal Assistance and Private Funds	  14

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                  OSWER Directive 9650.15
  NEW HAMPSHIRE

REVISED STATUTES
   .ANNOTATED -

          1955

   1990 REPLACEMENT EDITION

       Titles 10, 11

       Chapters 125-152
         PUBLISHED BY
   PUBLISHING COMPANY
 A DIVISION OF BUTTERWORTH LEGAL PUBLISHERS
     ORFORD. NEW HAMPSHIRE 03777
                                 77

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                                                   OSWER  Directive 9650.15

                            CHAPTER

                   UNDERGROUND STORAGE FACILITIES
 146-C:!
 146-C:2
 146-CJ

 146-C4

 146-C:5
 146-C.-6
 146-C:6-a
 146-C:?
Definition!.
Discharges Prohibited.
Registration of Underground
  Storage Facilities.
Underground Storage Facility
  Permit Required.
Record* Required: Inspections.
Transfer of Ownership.
Exemption. ~
New Facilities.
146-C :3
         Prohibition  Against Reusing
           Tanks.
         Rulemaking.
         Orders: Injunctions.
	  Penalty.
146-C:10-a Administrative Fines.
146-C:11  Liability for Cleanup Costs: Mu-
           nicipal Regulations.
146-€:12  Federal  Assistance and Private
           Funds.
146-C.-9
146-C:9-a
146-C:10
                              CROSS REFERENCES
  Oil discharge and disposal cleanup fund, see RSA 146-D.
  Oil spillage in public waters, set RSA 146-A.
  Petroleum inventories reporting, see RSA 339-D.
  Sale of liquid fuels, see RSA 339-B.

                             LIBRARY REFERENCES
 New Hampshire Code of Administrative
    Rules
  Rules of the Water Supply and Pollution
 Control Commission. Ws 411.01 et seq.. New
 Hampshire Code of Administrative Rules
 Annotated.
 West Key Numbtr
  Health and Environment *• 25.5(5.5).
 CJS
  Health and Environment f  131.
 ALR
  Gasoline or other fuel storage tanks as
 nuisance. 50 ALR3d 209.
                               Liability for pollution  of subterranean
                             waters. 38 ALRZd 1265.
                               Maintainability in state court of class
                             action for relief against air and water pollu-
                             tion. 47 ALRSd 769.
                               Right to maintain  action to enjoin public
                             nuisance as affected by existence of pollution
                             control agency. 60 ALRSd 668.
                               Standing to sue for violation of state
                             environmental regulatory statute. 66 ALR4th
                             685.
                               Validity and construction of anti-water
                             pollution statutes and ordinances. 32 ALR2d
                             215.
   146-G:1   Definition!.  In this chapter
   I. "Division" means the New  Hampshire division of water supply and
pollution control.
   II. "Discharge* means  the release or  addition of any liquid to  land.
groundwaters or surface  waters.
   HI. "Disposal" means deposit, discharge, injection, dumping, spilling,
leaking, leaching, or placing of oil into or on any land, groundwater or
surface water.
   IV. "Existing  facility" means  a facility the construction or installation
of which began  prior to September 17, 1985.
   V.  "Facility"  means  a  system  of  tanks,  pipes, pumps, vaults, fixed
containers,  and  appurtenant structures, singly  or in any combination,
which are used or designed to be used for the  storage,  transmission, or
dispensing of oil or petroleum  liquids, and  which are  within the size,
capacity, and other specifications prescribed by  rules  adopted  by the
division  pursuant to RSA  146-C:9, VI.
                                405

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                                         OSWER Directive 9650.15
                                          I,

 146-C:1                  PUBLIC HEALTH

   VI. "Failure" means a condition which  may or  does allow the uncon-
 trolled passage of liquid into or out of a facility, and includes, but is not
. limited to, a discharge to the waters of the state without a permit issued
 pursuant  to RSA  146-0:4.
   VII. "Groundwaters" means all areas below the top of the water table,
 including aquifers, wells, and other sources of groundwater.
   VIII. "Life expectancy" means the time  period within  which a failure
 is not expected to occur as  determined by the  division.
   IX. "Liquid" means  oil and petroleum liquids.
   X. "New facility" means  a  facility the  construction  or installation of
 which begins on or after September 17, 1985,  including,  but not limited
 to, facilities which replace existing facilities, facilities which are moved
 from one location to another,  and facilities which are substantially mod.f^d
 after September 17, 1985.
   XI. "Nonresidential", when referring to a facility,  means a facility which
 serves any commercial, industrial, institutional, municipal, public, or other
 building, including, but not limited to, service stations, hotels and motels,
 hospitals,  nursing  homes, and  correctional  institutions, but not including
 non-commercial residential buildings.
   XII. "Oil" means petroleum products and their by-products of any kind
 and in any form, including, but not limited to, petroleum, fuel, sludge,
 crude, and all other liquid hydrocarbons regardless of specific gravity and
 which are used as motor fuel,  lubricating oil. or any oil used for JMrtn*
«* processing. The term  "oil" shall not include natural gas,  liquified
 petroleum gas, or synthetic natural gas, regardless of derivation or source.
   XIII. "Operator" means the person who has responsibility for the care,
 custody, and control of the daily operation of a facility.
   XIV. "Owner"  means the person in possession of  or having legal
 ownership of a facility. In  addition, for facilities  no longer in use on
 November 8,1984, "owner" includes the person having had legal ownership
 of such facility immediately  prior  to discontinuance of its use.
   XFV-a. "Person" means any individual, trust, firm, joint stock company,
 corporation (including a government corporation), partnership, association,
 state and agencies thereof, municipality, commission, political subdivision
of a state, interstate body, consortium,  joint venture,  commercial entity,
 the United States government  and agencies thereof, and any other legal
entity.  The  term  "person"  shall  not  include  a person who,  without
 participating in the management or actual  operation of the facility, and
otherwise not engaged  in petroleum production, refining, or marketing,
holds indicia of ownership primarily to protect a mortgage on real property
on which  a facility is located or a security  interest in personal property
located  at  the facility.
  XV. "Residential building"  means  any house,  apartment,  trailer,
manufactured housing,  or other structure  occupied by individuals as
domicile.                                             ^

                            406

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                                                    OSWER  Directive  9650.15
               UNDERGROUND STORAGE FACILITIES       146-C:3

   XVI. "Substantial modification" means  the construction or installation
 of any addition to a facility or any restoration  or renovation of a facility
 which: increases or decreases the on-site storage capacity of the  facility;
 significantly alters the physical configuration of the facility; or impairs or
 improves the physical integrity of the facility or its  monitoring systems.
 On-site abandonment is specifically  excluded as a "substantial  modifica-
 tion" of a facility.  .
   XVII.  "Surface water" means streams,  lakes, ponds, and tidal waters
 within the jurisdiction of the state, including all streams, lakes, or ponds
 bordering on the state,  marshes, watercourses, and other bodies of water,
 natural or artificial.
   XVIII.  "Underground  storage facility" means a facility  or  facility
 component that is 10 percent or more below the surface of the ground and
 is not fully  visible for inspection.

                                  HISTORY
  Source.  1986, 182:1.  1988, 249:1-3. eff.  wuta or any constituent thereof may enter
 June 29. 1988.                          surface or groundwater" thereafter.
  An,endmenta-1988. Paragraph It Sub-  M|^              -a
 stituted "release or addition' for  "disposal,  «bd'™<»>  preceding "who has
 nddition.  or injection" preceding "of any  'v.... _«_K  YTV- n.i.t^  "«, Mi;»,v.r
 liquid to", inserted  "land" thereafter and  J^ggS h JE ° £ !SJLP 2 £
 deleted "from any  designed conveyance  »"ivwon  P™"* » »"•*«»»  « tin
 system, including, but not limited to/pipe.  ««* «ntw? Ki^jlfi! second Mntenct<
 ditch, channel, tunnel, conduit well fissure.    Paragraph XlV-a; Added.
 container, or tank, as well as any designed    Revision note. Substituted  "division" for
 l«achate disposal system" following "surface  'commission'' in pan. I and VIII and "divj-
 witers".                                jion of water supply  and pollution control"
  Paragraph III: Inserted "spilling, leaking,  for "water supply and  pollution control
 latching' preceding "or placing", "groundwa-  commission" in par. I  pursuant to 1986.
 t«r"  following "on  any land", "surface"  2026. IL
 preceding "water" and deleted "so that such

  146-C:2  Discharges Prohibited.  No  owner  or operator  shall dis-
 charge or dispose of any oil as defined  in  this chapter from any facility
 into  or  onto land, groundwaters, or surface waters of the state.

                                 HISTORY
  Source.  1986. 182:1.  1988, 249:4. eff.  deleted "to the  surface waters or" preceding
June  29. 1988.                           "groundwaters" and  inserted  "or  surface
  Amendmenta-1988. Inserted  "into or  Wlt*n" thereafter.
onto  land" following "from any facility",
                             CROSS
  Liability for cleanup and restoration costs, se*    V 146-O11.

  146-C:3  Registration  of Undergrc     Storage  Facilities.
  I. The owner of each existing underg:   .d storage facility shall register
the facility with  the division on forms provided by the division and shall
Provide the following information:
    (a) Facility name, location, and mailing  address.
                                 407

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                                                   OSWER Directive 9650.15
 146-C:3                   PUBLIC HEALT&

     (b) Owner's name, mailing address, and telephone  number.
     (c) Contact person for this facility.
     (d) Tank information: the size, age, type of tank material, location (on-
 site),  and oil product  stored.
     (e) Demonstrntic- ;: finance1 r-.sponsibility pursuant to rules adopted
 under RSA 146-C:9, VII. Proof of eligibility for financial assistance under
 RSA  146-0 shall  satisfy  the  requirement of demonstration of financial
 responsibility, under- this subparagraph. -
   II.  The owner of each existing underground  storage  facility  shall
 register the facility with the division on forms  provided by the division,
 and shall provide the following  information to the extent that  it may
 reasonably be available to the owner
     (a) Results of previous tank  testings conducted in  accordance with
 division rules, including documentation of test results.
     (b) All previous owners and lessees with names and current addresses.
     (c) A  detailed description of  the facility; the size of tanks (physical
 dimensions), number of fill boxes, number  and type of  fittings attached
 to  tanks,  complete description  of underground  piping system, type of
 cathodic protection, date each tank was manufactured, installed, relined,
 and inspected, and tank manufacturer, and the date and results of the
 latest  tightness test of all underground tanks.
    (d) The estimated  life expectancy of all inground tanks and appurte-
 nances.
    (e) Description and date of  past discharges or  disposal of petroleum
 based  products, remedial actions, ground and surface water monitoring
 results, and closure plans.
    (f) Detailed site plan and  layout
    (g) Existing groundwater  protection monitoring programs,  if any.
  III.  The owner of a registered underground storage facility shall report
 any changes in the information provided under paragraph I or II  within
 10  days of the change.
  IV.  The registration required under this section shall be renewed every
 5 years. A registration need not be renewed if the  division has received
 written notice that the registered underground storage facility has been
 closed  by approved procedures according to rules adopted pursuant to RSA
 146-C:9, II(i). Any notice of closure shall include the date of such closure.
  V. The division  shall forward information compiled under this section
 to the  federal Environmental  Protection Agency pursuant to 42 U.S.C.
 6991a(c).
                                HISTORY
  Source.  1986. 182:1.  1988, 249:5. 6.  eff.   Revision not*. In tht introductory clauses
June 29, 1988.                         of pin.  I and II. in par. II(t) and in tht
             -,9M. P.r.,r.ph H.l:

  Paragraph V: Added.                  202:6- IL
                             408                                                '


                                                                                      5*1

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                                               .   OSWER  Directive 9650.15
               UNDERGROUND STORAGE FACILITIES      146-C:5

   Contingent 1988 amendment. 1988.  249:21. eff. June 29, 1988. the amendment did
  249:19 provided for amendment  of thii  not take effect
  section. However, under the terms of 1988.

                            CROSS REFERENCES
   Exempt facilities, see RSA 146-C:6-a,

   146-C:4  Underground Storage Facility Permit Required.
   I.  No person shall own or operate an underground storage facility in this
 state without a permit issued  by the division. The division may  revoke or
 modify any permit following a hearing, upon  a finding that just cause
 exists for such action.
   II.  The division shall issue  or deny a permit to all facilities registered
 under RSA 146-C:3 within  90  days of  the  receipt of the  complete
 registration information. A  permit issued under  this  section  shall be
 displayed on the premises of the underground storage facility at  all times.
 Permits  shall  be valid  for a  period of 5 years.

                                 HISTORY
   Source.  1986.  182:1. eft May 28. 1986.   second sentence of that paragraph and in the
   Reviaion nof. Rtference. to -water supply                           *
 and pollution control commission" in the first  P*""*"' to 198«- 202*- IL
 sentence of par. I and to "commission" in the

                            CROSS REFERENCES
  Exempt facilities, see RSA 146-C:6-a.
  Penalty for operation of facility without permit, see RSA 146-C:10.
  Transfer of ownership, set  RSA 146-CA

   146-C:5  Records Required; Inspections.
   I. The operator of an  underground  storage  facility shall  keep and
reconcile accurate stock inventory  records for the purpose of detecting
leaks. The records shall be  maintained  and made available  for division
inspection and copying for a period of not less than 3  years.
  IL For the purpose of developing or assisting in the development of any
rule, conducting any study,  instituting  any corrective  measures, or
enforcing the provisions of this chapter, any owner or operator of a facility
subject to regulation under  this  chapter shall,  upon request  of any
employee or  authorized representative of the division, furnish  information
relating to such facility or  its contents, conduct monitoring or testing,
permit such employee or authorized representative at all reasonable times
to have access to and to copy all  records relating to such facility, and
permit such  employee or authorized representative to have access to the
facility for corrective measures.
  III. For the purpose of developing or assisting in the development of any
rule, conducting any study, instituting corrective measures, or  enforcing
the provisions of this chapter, division employees or authorized represent-
atives may, upon the presentation of appropriate credentials:
                               409

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                                               OSWER  Directive 9650.15
 146-C:6                   PUBLIC HEALTH

     (a) Enter at reasonable times any site phere a facility regulated under
 this chapter is located.
     (b) Inspect and obtain samples from any  person of any  regulated
 substances in such facility.
     (c) Conduct monitoring or testing of the tanks, associated equipment,
 contents, or surrounding soils, air,  surface water or groundwater.
     (d) Institute corrective measures.
   IV.  Information obtained by the division under this chapter  which, in
 the judgment of the federal Environmental  Protection Agency  or  the
 division,  constitutes a trade secret shall  not  be disclosed  to the  public
 without notice to the owner of the trade secret and an opportunity for
 hearing. The division may provide information relating to trade  secrets to
 the Environmental Protection Agency, provided that the Environmental
 Protection Agency guarantees the same degree of confidentiality as does
 the division.
                                 HISTORY
  Source.  1986. 182:1.  1988. 249:7. 8. eff.    Paragraph IV: Added.
 June 29. 1988.                           Revision note. In the second sentence of
  Amendments—1988.  Paragraph  II:  par.  I and the  first sentence  of  par. II.
 Amended generally.                     substituted "division" for "commission"
  Paragraph lit Added.                 pursuant to 1986, 202:6. IL

                            CROSS REFERENCES
  Exempt facilities, see RSA 146-C:6-a.
  Liability of owner fof recordkeeping. sec RSA 146-C:10.
          •
  146-C:6  Transfer of Ownership.  Prior to the transfer of ownership
of  an  underground storage  facility, the transferor shall notify the
transferee of the  transferor's  compliance  with the rules of the division
relative to tank testing and replacement  When a transfer  of ownership
takes place, the new owner shall notify the division of the transfer and shall
assume the permit  issued to the previous owner.
                                HISTORY
  Source. 1986. 182:1. eff. May 28.  1986.   following "notify the" in the second sentence
  RevMon note. Reference to "commission"  *»** to "divilion'' P"™"1 to  l986' ***'
preceding "relative" in the first sentence and

                            CROSS REFERENCES
  Exempt facilities, see RSA 146-C:6-a.

  146-C:6-a  Exemption.  The provisions of RSA 146-C:3,  4. 5, I  and 6
shall not apply to facilities no longer in use on January  1, 1974. The
provisions of RSA 146-C:4, 5, I and 6 shall not  apply to facilities  taken
out of use on or after January 1.1974, and closed according to  rules adopted
under  RSA  146*C:9, II(i).
                                HISTORY
  Source. 1988. 2493, eff. June 29. 1988.
                              410

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                                            OSWER Directive  9650.15
               UNDERGROUND STORAGE /FACILITIES      146-C:9

   146-C:7  New Facilities.
   I.  Prior to commencing construction or installation of a new facility or
 substantial modification of an existing facility, an owner shall submit plans
 and  specifications to the division and obtain written  approval of those
 plans.  Such plans shall be  approved by an engineer licensed to practice
 in the  state of New Hampshire on forms provided by the division. Within
 90 days of submission of completed plans, the division shall send the owner
 written notice of approval or disapproval. Failure to send a notice shall
 be deemed to be approval of the plans.
   II. An owner shall not cause or allow any act which is not in accordance
 with the  approved plans and all terms and  conditions of the division's
 approval of those plans.
   III. An owner shall  demonstrate financial responsibility pursuant  to
 rules adopted under RSA 146-C:9,  VII.  Proof of eligibility for financial
 assistance under RSA 146-D shall satisfy the requirement of demonstration
 of financial  responsibility under this paragraph.            "-1
                                HISTORY
   Source.  1986. 182:1.  1988.  249:10.  eff.  par. II changed to "division" and "division's".
 June 29. 1988.                        respectively, pursuant to  1986, 202.-6. IL
   Amendments— 1988. Paragraph  III:    Contingent  1988  amendment 1988.
 Added.                              249:20 provided for amendment  of this
  Revision note. Reference, to "commission"
 throughout par. I and to "commission's" in     uke effe.

                            CROSS REFERENCES
  Issuance of permits, see  RSA 146-C:4.

  146-C:8  Prohibition Against Reusing Tanks.  Tanks  which  are
 amoved  and do not meet the standards  for new tanks shall  not  be
 reinstalled for the  purpose of petroleum storage. If  a tank  meets  the
 standards, it may be  reinstalled for petroleum storage if after thorough
 cleaning  and inspection,  internally and  externally,  it is found to  be
 structurally  sound and  free of pinholes,  cracks, structural damage,  or
 excessive corrosion. Such  tanks shall be reinstalled in accordance with
 requirements of this chapter. A tank once used for petroleum shall not be
 reused for a food product If a tank  is to be disposed of as junk, it must
 be retested for petroleum vapors, rendered  vapor free if necessary, and
 punched with holes to make it unfit for further  use.

                                HISTORY
  Source.  1986, 182:1. eft May 28. 1986.

  146-C:9  Rulemaking.  The division shall adopt rules, under RSA 541-
A, relative to:
  I. Procedures,   forms, and  information required for registration  of
underground storage facilities, as authorized by RSA  146-C:3.
                                411                                             10

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                                                  OSWER Directive  9650.15
 146-0:9                  PUBUC HEALTH

   II.  Procedures, forms, and criteria for issuing and renewing permits, as
 authorized by RSA 146-C:4. Criteria for permits shall include, but not be
 limited to:
     (a)  Minimum standards for repairing an underground steel tank.
     (b)  Tank replacement schedules.
     (c)  Tank testing schedules.
     (d)  Minimum standards for new underground  tanks.
     (e)  Standards for fiberglass, fiberglass clad,  and steel tanks.
     (f) Standards for leak monitoring at underground storage facilities.
     (g)  Minimum standards for secondary containment for underground
 storage facilities.-
     (h)  Minimum standards  for piping systems at  underground storage
 facilities.
     (i) Procedures for  the temporary  and permanent closure of under-
 ground  storage facilities.
     0) Technical and procedural alternatives and exemptions.
   III. Requirements for recordkeeping, as authorized by RSA 146-C:5, I.
   IV. Procedures  for conducting inspections, as authorized by RSA 146-
 C:5, II.
   V. Procedures, forms,  and criteria for approving plans  for  new
 underground storage facility construction and installation, as authorized
 by RSA 146-C:7.
   VI.  Criteria  for determining what  constitutes a facility under this
 chapter including, but  not limited to,  tank  size and capacity.
   VII. Criteria for demonstrating financial responsibility for ownership
 and operation of  underground storage  facilities.
   VIII. Acceptance and distribution of  funds from the leaking under-
 ground storage  tank trust fund established pursuant to 26 U.S.C. section
 9508.

                                 HISTORY
  Sourer 1986. 182:1.  1988. 249:11. eff.  division of water supply and pollution control
Junt 29, 1988.                          shall  not issue rule* pursuant to RSA 146-
  Am.ndmtnU-1988. Paragraph VII:  C*;.™ ".*»*& * ***** "of *"» •*
Added                                un       . '  Environmental Protection
  Pinmnh VIII- AdifeL                Agency has issued its final roles relative to
  Paragraph VIH. Added.                financial  responsibility tor ownership and
  Revision note. In the introductory clause,  operation of underground storage facilities.
substituted "division" for "commission"  The division shall adopt such rule not later
pursuant to 1986. 2024. IL               than 90 days  after the issuance of such final
  Adoption of  rules  relative to financial  W*™1 "»'••• Tht ™j«« •*)JSd,& the
responsibility  and federal funds.  1988.  *JS«°» P«nuant to RSA 14944, VII and
249:17. eft June 29. 1988. provided: "Not-  ]J1 *™\ no* **  mort «*nnf«« than the
withstanding any section of this act. the  federal rules.

                            CROSS REFERENCES
  Adoption of rules relating to administrative fines, see RSA  146-C:10-a.
                             412

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                                                       OSWER Directive 9650.15
              UNDERGROUND  STORAGE FACILITIES    146-C:10
                                         /
                           LIBRARY REFERENCES
 West Key Number                    CJS
  Health and Environment *= 25.5.          Health and Environment § 137.

  v!46-C:9-a  Orders; Injunctions.
     The division is authorized to issue an administrative order directii
 anyWner or operator to cease activity violating this chapter, to take action
 necessary to comply with this chapter, or to institute corrective meaafres,
 as  defined under  RSA 146-A:ll-a,  III, in  response to a  discha/ge or
 disposal.
  II. Notwithstanding any other  provision of this chapter, th/division.
 upon receiptV information that the storage, transmission or dispensing
 of oil at a facmtjr subject to this  chapter may present an imminent and
 substantial hazarito human health or to the environments/nay take action
 as it determines necessary to protect human health or/uie  environment
 The action the division may take includes, but is ncVlimited to:
     (a)  Issuing an ord\r directing the facility owns/or operator to take
 necessary  steps to eliminate the  hazard. The division may order the
 permanent or temporary cassation of operations aca facility. Orders of the
 division  issued  under this^section shall be effective immediately. Any
 person to whom an order is ofrected shall immediately  comply, but may
 appeal the order in accordancVwith paragraph III  of this section.
    (b)  Requesting the attorney general jobring an  action for injunctive
 relief, including a mandatory inju\ctic
  III. Appeal of an order issued unq^r this section shall be governed by
 RSA 21-0:7, IV.
                                llSTORY
  Source.  1988. 249:12. eft. June 29./9S8.

  146-C:10 Penalty.
  I.  Any person who awns' or operates  an underground storage  facility
without a permit as required by this chapter, w\o  fails to  comply with
a condition of that pecmit or of an order issued  unHer RSA  146-C:9-a, or
who violates the rule/adopted under this chapter relative to underground
storage facilities shall be subject to a civil penalty of notWre than $10,000
for  each violatiopr Each day of a continuing violation\hall count as a
separate violation. Such a violation may also be enjoined av the superior
court upon application of the attorney general.
  II. All moneys collected under  this section shall  be paid \to  the oil
pollutionyttntrol fund established  under RSA 146-A:ll-a.
                               HISTORY
     ce.  1986. 182:1.  1987. 377:9. 1988.    -1988. Paragraph I: Deleted "or* pY
      1989. 230:12, *ff. July 23. 1989.      ing "who faiUT. inserted "or of an
                           I: Delet-
                              413                                            12

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                                                    OSWER Directive 9650.15
 146-C:10-a               PUBLIC  HEALTH

Nil.000" following "penalty of not more than"    -1987, Designated the existing provisio
 anXdeleted "day or preceding "violation" in   of the section as par. I. added "except wW
 the not sentence, added the second sentence   the owner controls the inventory" at thr end
 and rewrote the fourth sentence.            of that paragraph, and added par.

                             CROSS  REFERENCES
   AdministratiV fines, see RSA 146-C:10-a.
                            LIBRARY REFERENCES
 West Key Number \                  ALR
   Health  and Environment «= 28. 38.        Validity of statyltatutory provision  per-
 Cjs          -      -  ><              mitting administrative agency  to impose
   u  ...    . -  .        ,\_.           monetary penai««* for violation of environ-
   Health  and Environment 9 1^.           mental pollujfin statute. 81 ALR3d 1258.

   146-C:10-a Administrative Fines.  The>commissioner of the depart-
 ment of environmental servicesNfter notic/and hearing pursuant to RSA
 541-A, may impose an  administrative firfe not to exceed $2,000  for each
 offense  upon  any person  who  viofera any provision of this  chapter.
 Rehearings and appeals from a deoisiooof the commissioner under this
 section  shall be in accordance with  RSX 541. Any administrative fine
 imposed under this section shaft not preclude the imposition of further
 penalties under  this chapter/The proceeds ortdministrative fines levied
 pursuant to this section shall  be deposited by th^commissioner in the oil
 pollution control fund established  under RSA  14(KA. The commissioner
 shall adopt rules, unckr RSA 541-A, relative to:
   I. A schedule  of administrative fines which may be imposed under this
 section for violation of  this chapter,  and
   II. Procedures for notice and hearing prior to  the  imposition  of an
 administrative fine.
                                 HISTORY
  Source/ 1989. 230*. eff; July 23. 1989.
                            CROSS REFERENCES
   Zivil penalty. SM RSA 146-C10.

   146-C-.11  Liability for Cleanup Costs;  Municipal Regulations.
   I.  Any owner  or  operator  or other person who directly or indirectly
causes or suffers the discharge or disposal of oil into or onto any surface
water or groundwater of this state,  or in a land  area where oil has seeped
or may or will ultimately seep into any surface water or groundwater of
the state in violation of this chapter, or rules adopted under this chapter,
shall be  strictly  liable for costs directly or indirectly resulting from the
violation relating to:
    (a) Containment of  the discharged oil;
    (b) Cleanup and restoration of the site and surrounding environment,
and corrective measures as defined under RSA  146-A:ll-a,  III(a) and (b);
and
                               414                                              13

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                   OSWER  Directive 9650.15
        )RAG
               UNDERGROUND STORAGE FACILITIES     146-C:12

     (c) Removal of the oil.
   I-a. The owner  or  operator of a  facility shall immediately inform the
 division of any  discharge or disposal in violation of this  chapter. Such
 person shall  take immediate action to mitigate  damages from such
 discharge consistent with any applicable  rules of the division. If the owner
 is not the operator of the facility, the operator shall immediately inform
 the owner of  any  discharge or disposal  in violation of this chapter.
   II. Nothing in" this chapter  shall  be  construed to prevent the  party
 strictly liable from instituting a legal action against  any party responsible
 for  causing the spillage for costs incurred by  the strictly liable party in
 complying with  this  chapter.
   III. Nothing in this chapter shall  be construed to pre-empt local zoning
 or other  regulations,  properly enacted under other statutes, which
 reasonably regulate the location of  underground storage facilities.
   IV. The division shall immediately  notify  the governing body of  a
 municipality of any leaking underground storage tanks either within the
 municipality or  near  the local water supply.
   V. [Repealed.]
                                 HISTORY
   Source.   1986. 182:1.  1987. 377:4. 6.    !46-A:ll-a, III(a) and (b)" following "environ-
 1988. 249:14. 15.  eff. June 29. 1988: 271:9.    mem".
 VII.  eff. July 1. 1988.                      Paragraph V: Added.
   Amendment*—1988. Paragraph I: Chap-     Revision note. In par. I. substituted "sur-
 ter 249 inserted "or  disposal" following    fac, water  or groundwater" for 'surface or
 "discharge" in the introductory paragraph,   ground  water" to conform terminology to
   Paragraph I-a:  Added by ch. 249.         proper grammatical usage.
   Paragraph V: Repealed  by ch. 271.        At the beginning of par. IV. substituted
   -1987. Paragraph  I(b): Inserted "and   "division" for "commission" pursuant to 1986.
 corrective measures  as defined under RSA   20Z-'8- U*

                            CROSS REFERENCES
  Liability for contamination by hazardous materials or toxic wastes of police, fin. emergency
 preparedness or emergency response equipment set RSA 154:8-a.

   146-C:12  Federal  Assistance and Private Funds.  To implement this
 chapter, the division is authorized on behalf of the state, with the approval
 of the governor and council, to apply for and accept any federal assistance
 which may become available for the purpose of this chapter, whether in
 the form of loan or grant or otherwise, to accept the provision of any federal
 legislation  for such assistance, to enter into, act, and  implement contracts
 in connection with such assistance, or  to act as agent for  the  federal
 government in connection with such assistance. The division  shall adopt
 r:les pursuant to RSA 541-A  for accepting  and distributing  funds from
 t.-; leaking underground storage tank trust fund established by 26 U.S.C.
 r: ction 9508. Pending adoption of such rules, where  federal assistance is
 made available,  the  project  shall be implemented  in  accordance  with
applicable  federal law, the regulations adopted under such law, and the
415
                                                         fr.

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                                                    OSWER  Directive 9650.15
146-C:12                 PUBLIC HEALTH

contract or contracts providing for federal assistance, notwithstanding any
contrary provision of state law. The division may also utilize any private
funds which may  be made available for the purposes of this chapter.

                                 HlSTOEY
  Source  1986  182:1  1988 249:16. «ff.  "in  accordance* »nd "adopted under such
JuS 29  198R.                         l»w" '«• "thereunder" following "the regula-
June 29. 1MB.                         ^ fa
  Amendmenti-1988.  Rewrote the first
 nserted -pending adoption  01 ««•  »•«   ~'^"v^.~ "VMR .jobi
preceding ^here federal" and substituted  sion" pursuant to 1986. 202*.
-implemented" for "carried  out" preceding
                              416                                                15

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                           OSWOl Directive 9650.15
           NEW HAMPSHIRE

          REVISED STATUTES
              ANNOTATED
                     «*
                TITLES 10,11
              PUBLIC HEALTH
                    TO
          HOSPITALS AND SANITARIA
              Chapters 125 to 152

                   1992
      CUMULATIVE SUPPLEMENT

For Use Until Publication of 1993 Cumulative Supplement
      Cite Supplement aa RSA, with chapter and section,
             followed by (supp), thus:
                RSA 21:3 (supp)
       Butterworth Legal Publishers
     EQUITY PUBLISHING DIVISION
          ORPORD, NEW HAMPSHIRE 03777-9797

                   1992
                                             16

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                                                 OSWER Directive 9650.15
 146-C.-1                  PUBLIC HEALTH

                           CHAPTER 14S-C
                  UNDERGROUND STORAG/FACILITIES
 [New Sictiom]
 146-C:13  Penalty; Persons Strictly Liable.
                           CROSS REFERENCES
   Groundwater Protection Act, see RSA 485-C.

   146-C:!  Definitions.  In this chapter
   [No change in paragraph L]
   I-a. "Council" means the water supply and pollution control council estab-
 lished under RSA 21-0:7. [Added 1991, 92:22, eff. May 13,1991.]
   II. "Discharge" means the release or addition of any oil or hazardous sub-
 stance to land, groundwater or surface water. [Amended 1990, 208:1. 1991,
 92:23, eff. May 13,1991.]
   III. "Disposal"  means  deposit,  discharge,  injection, dumping, spilling,
 leaking, leaching,  or placing of oil or hazardous substance into or  on any
 land, groundwater or surface water. [Amended 1990, 208:1, eft  June 26,
 1990.]
   [No change in paragraph IV.]
   V. "Facility" means an  assemblage of tanks, pipes, pumps, vaults, fixed
 containers, and appurtenant structures, singly or in any combination, which
 are used or designed to be used for the storage, transmission, or dispensing
 of oil or a hazardous substance, and which are within the size, capacity, and
 other specifications prescribed by rules adopted by the division pursuant to
 RSA 146-C:9, VI. [Amended 1990, 208:2. 1991, 92:25, eft May 13,1991.]
   VI. "Failure" means a condition which may or does allow the uncontrolled
 passage of oil or a hazardous substance into or out of a facility, and includes,
 but is not limited to, a discharge to the groundwater or surface water of the
 state without a permit issued pursuant to RSA 146-C:4. [Amended 1990,
 208:2.1991,92:24, eft May 13,1991.]
   VII. "Groundwater" means subsurface water that occurs beneath the wa-
 ter table in soils and geologic formations. [Amended 1991,92:26, eff May 13,
 1991.]
   VH-a.  "Hazardous substance" means material defined as a regulated sub-
 stance under 42 U.S.C. 699K2XA) in addition to any material designated as a
 hazardous substance pursuant to RSA 146-C:9, Vl-a. [Added 1990,208:3, eft
 June 26,1990.]
  [No change in paragraph VIII.]
  IX. [Repealed 1990, 208:14, eft June 26,1990.]
  [No change in paragraph X.]
  XI. "Nonresidential," when referring to a facility, means a facility  which
serves any commercial, industrial, institutional, municipal, public, or other
                                76                                           17
                                                                                     <=)/

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                                                         OSWER  Directive  9650.15


               UNDERGROUND STORAGE FACILITIES       146-C:2

 building, including, but not limited to, service stations, hotels and motels,
 hospitals, nursing  homes,  and correctional institutions, but not  including
 residential buildings. [Amended 1991, 92:27,feff. May 13, 1991.]
   XII. "Oil" means "oil" as defined in RSA 146-A:2. [Amended 1991, 92:28,
 eff. May 13,1991.]

   [No change in paragraph XIII.]

   XIV.  "Owner" means the person in possession of or having legal owner-
 ship of a facility. In addition, for facilities no longer in use, "owner" includes
 the person having had legal ownership of such facility immediately prior to
 discontinuance of its use. [Amended 1991, 92:29, eff. May 13, 1991.]
   [No changes in paragraphs XIV-a-XVIIJ.]

                                  HISTORY
  Source. 1986,  182:1. 1988, 249:1-3. 1990, 208:1-3, 14.  1991, 92^2-29,  eft May 13.
 1991.
  Amendment*—1990. Paragraph II: Substituted "oil or hazardous substance" for "liquid"
 preceding "to land".
  Paragraph III: Inserted "or hazardous substance" following "oil".
  Paragraph V: Substituted "a hazardous substance" for "petroleum liquids" following "oil
 or".
  Paragraph VI: Substituted "oil or a hazardous substance" for "liquid" following "passage
 of".
  Paragraph Vll-a: Added.
  Paragraph DC; Repealed.
  —1991. Paragraph I-a: Added.
  Paragraph II: Substituted "groundwatcr or surface water" for "groundwaten or surface
 waters".
  Paragraph V: Substituted "an assemblage" for "a system" preceding "of tanks".
  Paragraph VI: Substituted "groundwatcr or surface water" for "waters" preceding "of the
 state".
  Paragraph VII: Amended generally.
  Paragraph XI: Deleted "non-commercial" preceding "residential buildings".
  Paragraph XII: Amended generally.
  Paragraph XIV: Deleted "on November 8,1984" following "in use" in the second sentence.

  146-C:2  Discharges Prohibited. No owner or operator or other person
responsible for the operation of a facility shall discharge or dispose of any oil
or hazardous substance as defined in this chapter from any facility into or
onto any land, groundwater, or .surface water  of the state.

                                 BISTORT
  Source,  1986, 182:1. 1988, 249:4. }'JM, 208:4.  1991, 92:30, eft May 13, 1991.
  Amendments—1990.  Inserted "or huardous substance" following "oil".
  —199L Inserted "or other person i* • t/msible for the operation of a facility" following "op-
erator* and "any" preceding "land"  ud substituted "groundwater, or surface water" for
"groundwaten. or surface waters" thtrtaftar.

                               ANNOTATIONS
Cited
  Cited in Mesiti v. Microdot, Inc.. :;& ~. Supp. 57 (D.N.H. 1990).
                                                                                     18

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                                               OSWER Directive 9650.15
                           PUBLIC HEALTH

    146-C.-3  Registration of Underground Storage Facilities.
    I. The owner of each existing underground storage facility shall register
 the facility with the division on forms provided by the division and shall
 provide the following information:
     [No changes in subparagraphs (aMc).]
     (d) Tank information: the size, age, type of tank material, location (on-
 site), and product stored. [Amended 1990, 208:5, eff. June 26, 1990.]
     [No change in subparagraph (e).]
    II.  The owner of each existing underground storage facility shall register
 the facility with the division on forms provided by the division, and shall
 provide the following information  to the extent that it may reasonably be
 available to the owner:
     [No changes in subparagraphs (a)-(d).]
     (e) Description and  date of past discharges  or disposal, remedial ac-
 tions, ground  and surface water  monitoring results, and closure plans.
 [Amended 1990, 203:6, eff. June 26, 1990.]
     [No changes in subparagraphs (f) and (g).]
   [No change in paragraph III.]
   IV. The registration required under this section  shall be maintained for
 the life of the facility. A registration need not be maintained* if the division
 has received written notice that the registered underground storage facility
 has been closed by approved procedures according to rules adopted pur-
 suant to RSA 146-0:9, II(i). Any notice of closure shall include the date of
 such closure. [Amended 1991, 92:31, eff. May 13, 1991.]
   [No change in paragraph V.]
                                HISTORY
  Source.  1986,  182:1. 1988. 249:5,  6. 1990,  208:5, 6.  1991. 92:31, ett May 13. 1991.
  Amendment*— 1990. Deleted "oil" preceding "product" in par. I(d) and deleted "of petro-
 leum based product!1* following "disposal"  in par. IKe).
  —1991. Paragraph IV: Substituted "maintained for the life of the facility" for "renewed
 every 5 yean" following "shall be" in the first sentence and "maintained" for "renewed"
 following "need not be" in the second sentence.

   146-C:4  Underground Storage  Facility Permit  Required.
   I. No person shall own or operate an  underground storage facility in this
 state without a permit issued by the division. The permit to operate may be
 revoked for just cause, including, but not limited to, the operation or owner-
 ship of an underground storage facility in violation of the division's rules. To
 revoke a permit, the division shall issue a show cause order to an owner or
 operator in violation of this chapter, or rules adopted  under this chapter, but
 said show cause order shall not take effect until the  owner or operator has
 had an opportunity to be heard by the council, provided such request is made
within 20 days of the issuance of the show cause order. Appeal of an order
revoking a permit to operate shall  be governed by RSA 21-0:7, IV. Any
                                78                                             19

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                                                    OSWER  Directive 9650.15
               UNDERGROUND STORAGE FACILITIES       146-C:5

  appeal brought pursuant to RSA 541 shall not day an order by the council
  which revokes a permit [Amended  1991, 92:32/eff. May 13, 1991.]
    II. The division shall issue or deny a permit to all  facilities registered
  under RSA 146-0:3 within 90 days of the receipt of the complete registration
  information.  A permit issued under this section shall be displayed on the
  premises of the underground storage facility at all times. Permits shall be
  valid for a period of 5 years, except as provided in paragraph III. [Amended
  1990, 3:73, eft Feb. 20,1990.]
    III. A permit fee of $70 per year shall be paid to the division by the owner
  or operator of each permitted facility,  except for facilities owned by state
  and local governments,  including counties, and school districts, in the man*
  ruir described below. All fees shall be deposited with the state treasurer as
  unrestricted revenue; Permit fees shall be calculated as follows:
     (a)  Facilities with existing permits in Hillsborough county shall have a
  permit expiration date of April 30,1991. A fee of $70 for 1990 shall be paid to
  the division on or before September 30,1990.
     (b)  Facilities with existing permits in Merrimack and Belknap counties
 shall have a permit expiration date of April 30,1992. A fee of $140 for 1990
 and 1991 shall be paid to the division on or before April 30,1991.
     (c) Facilities with existing permits in Rockuigham county shall have a
 permit expiration date of April 30,1993. A fee of $210 for 1990-1992 shall be
 paid to the division on or before September 30,1991.
     (d) Facilities with existing permits in Coos, Carroll, and Grafton coun-
 ties shall have a permit  expiration date of April 30,1994. A fee of $280 for
 1990-1993 shall be paid  to the division on or before April 30,1992.
     (e) Facilities with existing permits in Cheshire, Sullivan, and Strafford
 counties shall have a permit expiration date of September 30,1995. A fee of
 $350 for 1990-1994 shall be paid to the division on or before September 30,
 1993.
     (f) For new facilities, the permit shall expire 5 years from the last day of
 this month in which the permit was issued. A fee of $350 shall be paid upon
 submission of the permit application. If for any reason the permit is denied,
 the fee shall be returned or refunded.
     (g) The fee for permit renewals shall be the same  as the fee for new
 permits. [Added 1990,3:73, eff Feb. 20,1990.]
                                HISTORY
  Source  1986, 182:1. 1990. 3:73. 1991, 92:32, eft May 13.  1991.
  Amendment*—.1990. Paragraph II: Added "except as provided in paragraph III" at the
end of the third sentence.
  Paragraph III: Added.
   -1991. Paragraph I: Rewrote the second sentence and added the third, fourth and fifth
sentences.
  }.46-C:5  Records Required; Inspections.
  [No change in paragraph I.]
                                   79                           .                20

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                                                   , OSWER Directive 9650.15
  146-C:6                   PUBLIC HEALTH

    II. For the purpose of developing or assisting in the development of any
  rule, conducting any study or investigation, insptuting any corrective or re-
  medial measures, or enforcing the provisions of this chapter, any owner or
  operator of a facility subject to regulation under this chapter shall, upon
  request of any employee or authorized representative of the division, furnish
  information relating to such  facility or its contents, conduct monitoring or
  testing, permit such employee or authorized representative at all reasonable
  times to have access to and to copy all records relating to such facility, and
  permit such  employee or authorized representative to have access to  the
  facility for corrective or remedial measures. [Amended 1991,92:33, eff. May
  13,1991.]
   III. For the purpose of developing or assisting in the development of any
 rule, conducting any study or investigation, instituting corrective or reme-
 dial measures, or enforcing the provisions of this chapter, division employees
 or authorized representatives may, upon the presentation of appropriate cre-
 dentials: [Amended 1991, 92:34, eff. May 13,1991.]
     [No changes in subparagraphs (aMc).]
     (d) Institute corrective or remedial measures. [Amended 1991, 92:35,
 eff. May 13, 1991.]
                                HISTORY
  Source.  1986. 182:1. 1988.  249:7. 8. 1991, 92:33-35, eff. Miy 13. 1991.
  Amendments—1991. Paragraph II: Inserted "or investigation" preceding "instituting any
 corrective" and "or remedial" preceding "measures" in two places.
  Paragraph III: Inserted "or investigation" preceding "instituting corrective" and "or reme-
 dial" thereafter  in the introductory paragraph, and inserted "or remedial" in subpar. (d).

   146-C:6  Transfer of Ownership.  Prior to the transfer of ownership of
 an underground storage facility, the transferor shall notify the transferee of
 the transferor's compliance with the rules of the division under this chapter.
 When a transfer of ownership takes place, the new owner shall notify the
 division of the transfer and shall assume the permit issued to the previous
 owner.
                                HISTORY
  Source. 1986, 182:1. 1991, 92:36, eft May 13,  1991.
  Amendment—1991. Substituted "under this chapter" for "relative to tank testing and re-
 placement" following "division" in the first sentence.

  146-C:7  New Facilities.
  [No change in paragraph I.]
  I-a. Any person,  except state and local governments, including counties,
and school districts, submitting plans and specifications for a new facility
shall pay to the division a fee  of $100. Such fee shall be for reviewing such
plans and specifications and for making inspections during installation. The
fees shall be deposited with the state treasurer as unrestricted revenues.
[Added 1990, 3:74, eft Feb. 20,1990.]
                                   80                       «                     21

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                                                  OSWER Directive 9650.15

               UNDERGROUND STORAGE FACILITIES       146-C:9

   II.  An owner shall not cause or allow any construction or other activity
 which is not in accordance with the approved £lans and all terms and condi-
 tions  of the division's approval of those plans. [Amended 1991, 92:37, eff.
 May 13,1991.]
   [No change in paragraph III.]
                                HISTORY
   Source.  1988, 182:1. 1988, 249:10. 1990. 3:74. 1991, 92:37, eft May 13, 1991.
   Amendments—1990. Paragraph I-* Added.
   —1991. Paragraph II: Substituted "construction or other activity" for "act" following "al-
 low any".

   146-C:S  Prohibition Against Reusing Tanks. Tanks which are re-
 moved and do not meet the standards for new tanks shall not be reinstalled
 for the purpose of oil or hazardous substance storage. If a tank meets the
 standards, it may be reinstalled for oil or hazardous  substance storage if
 after thorough cleaning and inspection, internally and externally, it is found
 to be structurally  sound and free of pinholes, cracks, structural damage, or
 excessive corrosion. Such tanks shall be reinstalled in accordance with re-
 quirements of this chapter. A tank once used for oil or hazardous substance
 shall not be reused for a food product. If a tank is to be disposed of as junk, it
 must be retested for oil or hazardous substance vapors, rendered vapor free
 if necessary, and punched with holes to make it unfit for further use.
                                HISTORY
  Source.  1986, 182:1. 1990, 208:7, eff. June 26, 1990.
  Amendments—1990. Substituted "oil or hazardous substance" for "petroleum" preceding
 "storage" in the first and second sentences, preceding "shall" in the third sentence and pre-
 ceding "vapors" in the fourth sentence.

   146-C:9  Rulemaking.   The division shall adopt rules, under RSA 541-A,
 relative to:
   [No changes in paragraphs MIL]
   IV.  Procedures  for conducting inspections or investigations, as author*
 ized by RSA 146-C:5, II. [Amended 1991, 92:38, eft May 13,1991.]
   [No changes in paragraphs V and VI.]
  Vl-a. Criteria for determining whether any material is a hazardous sub-
 stance as defined  in this  chapter and procedures for such designation.
 [Added 1990,208:8, eft June 26,1990.]
  [No changes in paragraphs VII and VIIL]
  DC  Procedures  for collection of fees under RSA 146-C:4, III. [Added
 1990,3:75, eft Feb. 20,1990.]
  X. Procedures and criteria for mitigation and prevention of damage due
to a discharge from an underground storage facility. [Added 1991,92:39, eft
May 13,1991.]
  XI. Procedures and criteria for responding to and reporting a discharge
from an underground storage facility. [Added 1991,92:39, eft May 13,1991.]
                                   81                                          22

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                                               OSWER  Directive  9650.15
 146-C:9-a
PUBLIC HEAJ^H
   XII. Procedures for conducting tank  testing,  including qualifications of
 persons conducting tank testing. [Added 1991, 92:39, eff. May 13, 1991.]
                                HISTORY
   Source.  19S6. 182:1. 1988, 249:11.  1990,  3:75; 208:8.  1991, 92:38, 39, eff.  May 13.
 1991.
   Amendments—1990. Paragraph VI-»: Added by ch. 208.
   Paragraph IX: Added by ch. 3.
   —1991. Inserted "or investigations" following "inspections" in par. IV and added pan. X-
 XII.              "

   U6-C:9-a   Orders;  Injunctions.
   INThe division  is authorized to issue  an administrative order directs
 any owner or operator or any other person who is  strictly liable to cease/any
 activityViolating this chapter, to take action necessary to comply wftfi this
 chapter, and. to institute corrective and remedial  measures, which/Mall in-
 clude the
     (a) ProvidW an interim water  supply and establishing,* permanent
 alternative waterxupply system to mitigate damage to the sod, groundwater
 or surface water.
     (b) Removal anoNabatement of contamination reciting  from a dis-
 charge from  an underground storage facility.
     (c) Reimbursement to\the state for  all costs incurred by the state in
 responding to a discharge oloil or a hazardous/substance from a leaking
 underground storage facility. [Amended 1991.^2:40, eff. May 13,1991.]
   II. Notwithstanding any other provision ofthis chapter, the division, upon
 receipt of information that the storage, transmission or dispensing of oil or a
 hazardous substance at a facility suoject to this chapter may present  an
 imminent and substantial hazard to Jnhnan health or to the environment,
 may take  action as it determines necessary to  protect human health or the
 environment The action the division may tafi^ includes, but is not limited to:
 [Amended 1990,208:9, eff. Jun/26,1990.]
    (a) Issuing an order directing the facility owner or operator or any per-
 son who is strictly liable^onder RSA 146-0:11 to lake necessary steps  to
 eliminate  the hazard. TXe division may order the  permanent or temporary
 cessation of operation* at a facility. Orders of the division issued under this
 section shall be effective immediately. Any person to whom an order is di-
rected shall immediately comply,  but may appeal the ordeK in accordance
with paragrapball ofthis section. [Amended 1991,92:41, eft Hay 13,1991.]
    [No change in  subparagraph (b).]
  [No change in paragraph HI.]
                               HISTORY
  Sojrfee.   1988. 249:11 1990. 208:9. 1991,  92:40, 41. eft May 13, 1991.
   nendmenU—1990. Paragraph II: Inserted "or a hazardous substance" following "oil" i
 Ife first sentence.
                                 82

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                                                   OSWER  Directive 9650.15
                UNDERGROUND STORAGE FACILITIES      146-011
                                             /
        . Par-,  aph I: Amended generally.          '
        aph liu); Inserted "or any person who U strictly liable under RSA 14fi-C:ir follj
         ^r" in the first sentence.                                       ^

   146-C:10
   [No change in paragraph I.]
   II.  All moneys collected under this section which perCain to the discharge
 of oil shall be paid into theXpollution control fjpdestablished under RSA
 146-A:ll-a. All moneys colleoe>K7-B:3. [Amended 1991. 92:42. eft
 May 13,1991.]
                             ^
                                 HISTORY
   Source.   1986. 182:1. 1537^377:9.  1988, 249:13. 1989, 230:15*4991. 92:42, eft May 13,
 1991.
   Amendments--}^. Paragraph II: In.«erted "which pertain to the diacnVge of oil" follow-
 ing "this seeUoXin the first sentence and added the second sentence.
                            CROSS REFERENCES
      Jty for willful failure to comply, see RSA 14tf-C:13.

   146-O11  Liability for Cleanup Costs; Municipal Regulations.
   I. Any person who, without regard to fault, directly or indirectly causes or
 suffers the discharge or disposal of oil or a hazardous substance into or onto
 any surface water or groundwater of this state, or in a land area where it has
 seeped or may or will ultimately seep into any surface water or groundwater
 of the state in violation of this chapter, or rules adopted under this  chapter.
 shall be   nctly  liable for costs directly or indirectly resulting from the viola-
 don rela..ng to: [Amended 1990, 208:10.1991, 92:43, eft May 13,1991.]
     [No change in subparagraph (a).]
     (b) Cleanup and restoration of the site and surrounding environment,
 and corrective  or  remedial measures as defined under RSA 146-A:ll-a,
 IIKa) and (b); and [Amended 1991, 92:43, eft May 13,1991.]
     [No change in subparagraph (e).]
   [No changes in paragraphs I-a-V.]
                                HISTORY
  Source.  1986. 182:1. 1987, 377:4, 6. 1988. 249:14, 15; 271:9. VII. 1990, 208:10.  1991.
92:43, eft May 13, 1991.
  Amendments—1990. Paragraph I: Inserted "or a hazardous substance" following "disposal
of oil" aod substituted "it" for "oil" preceding "has seeped".
  —1991. Paragraph I: Deleted "owner or operator or other" preceding "person who", and
inserted "without regard to fault" thereafter and "water" following "surfactt" in two places in
the introductory paragraph and inserted "or remedial" following "corrective" in subpar. (b).
                           CROSS REFERENCES
  Double recovery allowed, see RSA 146-CU3.
                                 83

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                                                       OSWER Directive  9650.15
 146-C:13
          PUBLIC HEALTH
                                ANNOTATIONS  .
  ^Prior owner'* liability                       /,
       ection does not allow a private litigant to holdia prior owner strictly liable for coptfot
               g and removing hazardous wastes from his property; paragraph/Tof this
section permh^the state to hold those who discharge oil strictly liable forctttvant costs,
while paragraphiHj-ecognizes that the party held strictly liable may majjrtain an action in
negligence against anXparty responsible for the spillage. Mesiti v.lflcrodot. Inc.. 739 F.
Supp. 57 (D.N.H. 1990).

  146-C:13   Penalty; Persons Strictly LiabkXAny person who is found
to be strictly liable for a discharger spillage"©? oil, and who willfully fails to
comply with a division  order requinlw^nvestigation, containment, cleanup,
removal, remedial measures, or cprfectr*emeasures,  shall be liable to the
state in double the amount of>cfst recoveraoXfunds expended by the state
in undertaking investigative remedial, or corrective action at the site.
  Source.  1991,
               HISTORY
4, eft May 13, 1991.
                            CROSS REFERENCES
  LiahjMfy for cleanup costs generally, see RSA U6-C:11.
   nalty generally, see RSA 146-C:10.
                                 84
                                                                25

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                                   OSWER Directive 9650.15
          NEW HAMPSHIRE REGULATORY REQUIREMENTS
APPLICABLE TO THE UNDERGROUND STORAGE TANK PROGRAM,  1993
                      40 CFR 282.79
                                                                   /of

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                                        OSWER Directive 9650.15
                        TABLE 07 CONTENTS
Regulatory Provision*:
     (1)   New Hampshire Code of Administrative Rules (November
          1990) Part Env-Ws 411, Control of Underground Storage
          Facilities:

          Section 411.01 Purpose,  except for the following
                         words, "heating oils."	  5
          Section 411.02 Applicability,  except for 4ll.02(d).  5
          Section 411.03 Definitions	  6
          Section 411.04 Registration	  8
          Section 411.05 Change in Use	  8
          Sectipn 411.06 Information Required for
                         Registration	  8
          Section 411.07 Permit to Operate	  9
          Section 411.08 Transfer  of Facility Ownership	 10
          Section 411.10 Financial Responsibility	 11
          Section 411.11 Inventory Monitoring	 11
          Section 411.12 Regulated Substance Transfers	 13
          Section 411.13 Tightness Testing	 14
          Section 411.14 Certification of Technicians
                         Performing Tightness Tests	 16
          Section 411.15 Tightness Test  Failures	 17
          Section 411.16 Unusual Operating Conditions	 17
          Section 411.17 Temporary Closure	 17
          Section 411.18 Permanent Closure	 19
          Section 411.19 Prohibition Against Reusing Tanks... 21
          Section 411.20 Requirements for Approval of
                         Underground Storage Systems	 21
          Section 411.21 Tank Standards  for New Underground
                         Storage Systems	 21
          Section 411.22 Piping Standards for New Underground
                         Storage Systems.. *	 23
          Section 411.23 Secondary Containment for New
                         Tanks	 24
          Section 411.24 Secondary Containment for New
                         Pressurized Piping	 25
          Section 411.25 Spill Containment and Overfill
                         Protection	 25
          Section 411.26 Leak Monitoring for New Tanks	 26
          Section 411.27 Leak Monitoring for New Underground
                         Piping Systems	 26
          Section 411.28 Installation of New Underground
                         Storage Systems	 27
          Section 411.29 Release Detection for Tanks Without
                         Secondary Containment and Leak
                         Monitoring,  except  for the following
                         words in  411.29 (a),  "With the
                         exception of on premise use heating
                         oil  systems."	  28

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                                    OSWER Directive 9650.15
     Section. 411.30 Release Detection for Piping	 30
     Section 411.31 Operation of Leak Monitoring
                    Equipment	 31
     Section 411.32 Corrosion Protection for steel
                    Tanks	i	 32
     Section 411.33 Corrosion Protection for Piping	 32
     Section 411.34 Submission of Corrosion Protection
                    Plan	 32
     Section 411.35 Relining steel Tanks	 32
     Section 411.36 Repair of Fiberglass-Reinforced
                    Plastic Tanks	 33
     Section 411.37 Repair and Replacement of Piping
                    Systems	 34
     Section 411.38 Field Fabricated Tanks	 34
     Section 411.39 Secondary Containment for Hazardous
                    Substance Systems	 34
     Sect     411.40 Waivers	 "54

(2)   New    pshire Code of Administrative Rules (November
     19901.  Part Env-Ws 412, Reporting and Remediation of Oil
     Discharges:

     Section 412.01 Purpose	 37
     Section 412.02 Applicability	 37
     Section 412.03 Definitions	 37
     Section 412.04 Notification	 38
     Section 412.05 Initial Response Action	 38
     Section 412.06 Abatement Measures	 39
     Section 412.07 Free Product Removal	 39
     Section 412.08 Initial Site Characterization	 40
     Section 412.09 Investigation Due to Discovery of
                    Discharges from Unknown Sources	 41
     Section 412.10 Site Investigation	 41
     Section 412.11 Site Investigation Report	 42
     Section 412.12 Remedial Action Plan	 45
     Section 412.13 Public Notification	 47
     Section 412.14 Waivers	 47
                                                                /oy

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    New Hampshire Code of Administrative Rules
                 Env-Ws 411
Control of Underground Storage Facilities
                  November 1990
      N.H. Department of Environmental Services

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                                                        OSWER Directive 9650.15
PART ENV-WS 411  UNDERGROUND STORAGE AND HANDLING OF OIL  AND PETROLEUM  LIQUIDS

         Statutory Authority:  RSA 146-0:9 and RSA 146-A:ll-c

    Env-Ws  411.01   Purpoae.  The  purpose  of these rules is to  set forth thj
requirements  for  underground  storage  facilities  under  RSA   146-C,  and  tl
minimize  contamination of  the waters  ofi  the   State due  to  the  storage and
handling of  motor fuels, having  aAlu,  Rubricating  oils,  other petroleum and
petroleum  contaminated  liquids,   and hazardous  substances,  by establishing
standards and criteria for  the  registration, permitting, design, installation,
operation, maintenance, and monitoring of such facilities.

                                   Source.   03116, eff  9-17-85;  ss  by 04965,
                                   eff 11-2-90

    Env-Ws  411.02   Applicability.   These  rules  apply  to  all  underground
storage  facilities  having a  total  storage  capacity  of more than  110  gallons
which  are  used  for  Che  storage  of regulated  substances,  with  the following
exclusions:

         (a)  Oil-transmission  pipelines subject to the Natural Gas Pipeline
Safety Act of 1968 or  the Hazardous Liquid Pipeline Safety Act of 1979;

         (b)  Wastewater treatment  facilities   including  oil/water separators
regulated  by  the  Clean Water  Act Section  402  or  307 (b),   and  oil/water
separators at oil and  gas production facilities;

         (c)   Underground  storage  facilities   which  are  used  solely  for
residential or domestic heating use;

         4tB — UuJergi-eund storage  facilities  having ne fcaali  "i>h  a  a » a raft
cap*. city of me PC  than  It100 gallons and which age uaed selely  for the  ategagj
         (e)  Septic  tank  systems or floor drain  collection tank systems that
collect waste for the purpose of segregating such waste from septic systems;

         (f)  Storm-water systems;

         (g)  Flow-through process systems  which form  an integral part  of  a
production  process  through which  there is a  steady, variable,  recurring,  or
intermittent  flow   of  materials  during   the  operation  of   the  process.
Flov-through process  systems  shall not  include tank* used  for  the storage of
materials prior  to  their introduction  into  the production  process  or  for the
storage of finished products or by-products froa the production process.

         (h)  Any system which is located  in  an underground  room  or vault if
the system  if  totally above or upon  the surface of  the  floor,  and no  portion
of  any tank is  covered,  surrounded,  or buried  with soil  or stone or  other
material, and all system components can be visually inspected;
                                                                   Env-Ws 411
                                                                           5

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                                                        U-I.rev-c.LVc

          (1)   Systems  where less  than  101 of the  total  volume of  the  tank(s)
and associated piping  is below  the surface of  the ground.

          (j)   Facilities  containing  radioactive material  regulated under the
Atomic Energy Act of 1954;

          (k)   Emergency  spill  or   overflow  containment  system*  that  are
immediately emptied after introduction of  i regulated substance;

          (1)  Underground storage facilities  which are used for the storage of
products  containing concentrations of regulated substances which are less than
the  allowable  drinking  water  standard  for  the  regulated  substances  or
hazardous constituents thereof; and

          (m)   Equipment  or  machinery that  contains regulated  substances  for
operational  purposes   such  as  hydraulic  lift  tanks and  electrical equipment
tanks.

                                   Source.   #3116,  eff  9-17-85; ss  by #4965,
                                   eff 11-2-90

    Env-Ws 411.03  Definitions.

          (a)   "API  1615"   mean* American   Petroleum  Institute  publication
"Installation of Underground Storage Tanks 1979".

          (b)   "Compatible"  means the  ability of  two or  more  substances  to
maintain  their  respective physical and chemical properties upon contact with
one another for the design  life of the tank  system under conditions likely to
be encountered in the underground  storage  system.

          (c)   "Connected  piping"  means all  piping including  valves,  elbows,
joints, flanges, and flexible connectors attached  to a  tank or system through
which regulated substances flow.

          (d)   "Corrosion  specialist"  means   an  individual   who  is  either
certified  by the  National  Association of  Corrosion Engineers or  who is  a
registered  professional  engineer  with education  and experience  in corrosion
control of buried metal piping system* and tanks.

          (e)  "Division" means  the Water  Supply and Pollution  Control Division
of the Department of Environmental Services.

          (f)  'Tree product" means an oil or  petroleum  liquid  that is present
as a non-aqueous phase liquid on groundwater, or  surface water,  or in soil  or
bedrock.

          (g)   "Heating oil"  means   petroleum  that  is  No.   1,  No.  2,  No.
4—light, No. 4—heavy. No.  5—light, No.  5—heavy, and  No. 6  technical grades
of fuel  oil, other residual fuel oils,  including  Navy  Special Fuel  Oil  and
Bunker C, and other fuels  when used as substitutes for one of these fuel oils.
                                                                   Env-Ws 411

                                                                           6
                                                                             /en

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                                                     OSWER  Directive 9650.15
         (h)   "Leak  monitoring"  means  measurement  for  the  presence of  a
regulated substance before a release to the environment  has  occurred.

         (i)   "Lining" means a  coating of  a non-corrosive  material bonded to
the interior surface of a tank.

         (j)   "Monthly" means at least one% every 30 days.

         (k)   "Motor fuel" means petroleum  or a petroleum-based substance that
is motor gasoline, aviation  gasoline, No. 1  or No.  2 diesel fuel, or any grade
of gasohol, and which  is typically used in the operation of  a motor engine.

         (1)   "NFPA 30" means National  Fire Protection  Association publication
number 30 entitled, "Flammable and Combustible Liquids Code", dated 1987.

         (m)    "NFPA _ 329"   means   National   Fire  Protection   Association
publication  number  329  entitled,   "Underground  Leakage  of  Flammable  and
Combustible Liquids",  dated 1987.

         (n)   "PBI/RP100-87" means Petroleum Equipment Institute Recommended
Practices for  Installation of Underground Liquid Storage Systems, dated 1987.

         (o)   "Pipe" means  an impermeable  hollow cylinder  or tubular conduit
that conveys or  transports oil  or  liquid, or is  used  for venting, filling,  or
removal of oil or liquids.

         (p)   "Reconcile"   meana   to  compare  volume   of   stored  regulated
substance at  the beginning  of  an  inventory  period with  receipts,  sales,  and
other uses  during  the  inventory period, and  with volume  stored at  the  end  of
the  inventory  period,  to determine whether  there  is  any unexplained gain  o/
loaa of regulated substance.

         (q)   "Regulated subatance" meana oil or a hazardoua substance.

         (r)   "Release detection"  meana measurement  for  the  presence of  a
regulated substance which has been released to the environment.

         (s)   "System'* meana an  underground storage tank(a) and all connected
piping, pumps, containment  structures,  monitors,  or  other  equipment  serving
the tank(s).

         (t)   "Tank"  means  a  stationary  device  constructed of  impermeable
materials and  designed to contain or hold oil or liquids, which is a component
of an underground storage system.

                                         t  #3116,  eff  9-17-85;  ss by  #4965,
                                   eff 11-2-90
                                                                   Env-W« *l

                                                                          7
                                                                                  /c

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     Env-W.  411.04  ..T«.tf.ti«».                  OSWER Wrective 9650.15

          (a)   The owner of an  underground  storage facility  shall  register  the
 facility by providing the  information required by Env-Ws 411.06.

          (b)   Owners shall report in writing any change in  information on  the
 form within 10 days of the change.         /

          (c)   If facility ownership is disputed,  the owner of  the property on
 which the  facility is located  shall  register  the facility  by providing  the
 information required by Env-Ws  411.06.

          (d)   Any  tank of unknown size  shall  be  assumed to  be of  regulated
 capacity, unless it can be determined by records  or measurement that the tank
 is not of regulated capacity.

          (e)    For   new systems,  or  substantial  modifications  of  existing
 systems,  a  new or amended registration  form,  respectively, shall be filed with
 the  Division at the time of final inspection of the system.

          (f)   The facility registration shall be  automatically renewed by the
 Division  every  5  years  until all  systems  have been permanently  closed  in
 accordance  with the Division's  rules.

          (g)   No person shall  operate an  underground storage facility which is
not  registered with the Division.

                                            #3116, eff 9-17-85; ss  by 14965,
                                   eff 11-2-90

    Env-Ws  411.05  fflintlgfl  il\  Vltft-   The  owner  of  any facility  which would
become  subject  to regulation due  to  a change  in the use  of  any system shall
register the facility at least  30  days prior to changing the use of the system
and   shall   comply  with   all  applicable   regulatory  requirements  before
instituting the changed vise.

                                            #3116,  eff  9-17-45;  amd by #3160,
                                   eff 12-16-85; ss by #4965, eff 11-2-90

    Env— Ws 411.06  Information. Reouired for Registration.

         (a)  Registration  of  each underground  storage  facility shall contain
a complete and  detailed description of each aystea  of  the underground storage
facility.

         (b)   Registration  shall  be  completed  in accordance  with  federal
regulation* 40 CFE PART 280.22.

                                            #3116,  eff 9-17-85; amd  by #3160,
                                   eff 12-16-85; ss by #4965, eff 11-2-90
                                                                   Env-Ws 411

                                                                            8
                                                                                t&l

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           ,..„,„    .                             OSWER Directive 9650.15
    Env-Wfl 411.07  Permit to
         (a)  No  person shall operate an  underground storage facility without
a perait issued by the Division.

         (b)  The  owner of an underground storage  facility shall apply to the
Division for a permit to operate, by providing the  following  information:
                                          //•'
              (1)   The  name,  mailing  address,   and  telephone  number of the
              facility.

              (2)  The name, mailing address and  telephone number of the owner.

              (3)  A  certification,  signed by the  owner,  that the facility is
              in  compliance  with  all  applicable   statutory  and  regulatory
              requirements .

         (c)  The Division shall  issue a ~ permit  to the owner of a new facility
upon approval  of the facility  plan in accordance  with Env-Ws 411.20,  and to
the owner of an existing facility pursuant to paragraph  (j) below.

         (d)  A  permit  issued  under this  section  shall  be displayed  on the
facility premises at all times.

         (e)  Unless  otherwise  specified  in  RSA 146-0:4,  the  permit  shall be
valid for a period of 5 years.

         (f)  The permit shall apply  to  all  underground storage systems at the
facility.

         (g)  If  the  Division determines that a  facility  is  not  in compliance
with  applicable   statutory and  regulatory  requirements,  the Division  shall
issue a notice of  non-compliance and  permit revocation  to the  owner,  which
shall include:

              (1)  A listing of compliance deficiencies;

              (2)  A requirement for achieving compliance within 90 days of
              receipt of the notice; and

              (3)  The  date of  permit revocation upon failure  of the  owner to
              achieve compliance or request an opportunity for hearing.

         (h)  At least  180 days prior to  the permit expiration date, the owner
shall apply for permit  renewal by providing  the  information required by Env-Ws
411.07(b).

         (i)  If any  system is  not in compliance with these  rules at  the time
of application for permit  renewal,  the  system shall be brought into compliance
no later than the permit expiration date.    ..  .  _____ .. __
                                                                   Env-Ws 411
                                                                            9
                                                                               /la

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                  NEW HAMPSHIRE CODE OF ABUNISTRATIVE RUUS
         ,,.  „_                               .        OSWER Directive 9650.15'
         (j)  When a permit renewal application is received the Division shall
determine the  compliance  status  of the  system* at the  facility  and  shall  not
issue  the   renewal  permit  if all systems  are  not  in  compliance.   If  the
Division has not determined the compliance status of  the facility's systems by
the  permit  expiration  date and  if the  owner has  applied to the  Division  in
accordance with Env-Ws  411.07(h),  a renewal,; permit shall be issued.

         (k)   If a  permit renewal is not  requested,  the  operator  shall  .cease
operating the facility no later than the permit expiration date,  and  the owner
shall close all systems at the facility under Env-Ws 411.17 or Env-Ws  411.18.

         (1)  A permit  issued before  the adoption of these rules shall  remain
valid  until its expiration  date  as  provided  in RSA  146-C:4.   When  permits
issued before  the adoption  of these  rules  are  renewed,  the permit  renewal
shall be subject to  the requirements of these rules.   ^

                                   Source.   #3116,  eff  9-17-85;  amd by  #3160,
                                   eff  12-16-85; ss by #4965,  eff 11-2-90

    Env-Ws  411.08 Tranafer 'of Facility Ownership.

         (a)  When a  transfer of  ownership  of  any underground  storage  tank,
facility,  or  system  takes   place,   the  new  owner  shall  file  an  amended
registration form with  the Division within 10 days of  the transfer.

         (b)   The   seller shall   deliver  to  the buyer  all  documents  and
information related  to  the tanks,  facility, or system regarding:

              (1) Inventory;                          -

              (2) New  installations;

              (3) Testing;

              (4) Closure or  removals;

              (5) Lining;

              (6) Monitoring;

              (7) Sampling and analysis;

              (8) Site assessments;

              (9) Equipment maintenance;

              (10)  Repairs; and

              (11)  Any other  records required to be maintained by these  rults.

                                   Sourca.   #3116,  eff  9-17-85;  amd by  13160.
                                   eff  12-16-85; ss by #4965,  eff 11-2-90
                                                                   Env-Ws  411

                                                                         10

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                                                    OSWER Directive 9650.15
    Eav-Ws  411.09  RESERVED.

                                   Source.  #3116,  eff 9-17-85; and  by #3160,
                                   eff 12-16-85; •• by #4965, eff 11-2-90

    Eav-Ws  411.10  Financial R>moon«ihiuty -

          (a)   Owners  of underground storage facilities for  oil shall maintain
financial  responsibility for  costs associated  with  the  cleanup  of releases
from  systems,  the implementation of corrective measures,  and  compensation for
third party damages in  the minimum amount of $1,000,000 per occurrence.

          (b)   The  amount of financial responsibility  required  shall  not limit
an owner's  or  operator's liability for damages caused by a release.
                                                       "^
          (c)   The  requirement for financial responsibility may be  satisfied by
strict  compliance with all  terms  of  these  rules,  so that  the  owner of  a
facility  is eligible  for reimbursement  of  costs  associated  with cleanup of
releases  from  systems, under RSA 146-D.

                                   Source.  #3116,  eff 9-17-85;  ss  by  #4965,
                                   eff 11-2-90

    Env-Ws  411.11  Inventory Monitoring.

          (a)   The  operator of  an underground  storage facility shall  conduct
inventory  monitoring of each  underground storage  tank, and shall  maintain
separate  records  for each tank  or  interconnected system.   The  operator shall
certify  the accuracy  of  the records  by  signing  the  records no  less  than
monthly.  As an alternative  to  inventory monitoring,  operators of on  premise
use heating oil systems may perform  annual  tank  gauging in  accordance  wittJ
paragraph (k), below.

          (b)   Operators  of  facilities  not  required  to  conduct  inventory
monitoring  under  rules  previously in  effect  shall begin  conducting  inventory
monitoring no  later than October 1,  1991.

          (c)   The data maintained for inventory monitoring shall include:

               (1)  Tank registration number(s) of each system;

               (2)  Description of  the type of  substance  being stored  in  each
               tank;

               (3)  All bulk liquid receipta;

               (4)  All bulk liquid tales or uaes for each operating day;
                                                                   Env-Ws 411

                                                                          11

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                                                   . ,.OSWER Directive 9650.15
              (5)  Measurement of liquid stored a* follow*:

                   .a.   For  aystea*  without  secondary  containment  and  leak
                   monitoring, measurement of liquid  stored for each operating
                   day; or

                   b.   For   systems   with/, secondary   containment   and  leak
                   monitoring, monthly measurement of liquid stored; and

              (6)  Monthly measurement of water level in each tank.

         (d)  All  records relating  to  inventory  monitoring,  including  sales
receipts, shall be maintained for a period of  3 years.

         (e)  Measurement  of  liquid  stored  shall be  taken  by a gauge  stick
which  shall  be capable of measuring  the level  of liquid  in the tank  to  the
nearest  1/8 inch  or by  an   automatic  tank gauging  device  of equivalent  or
better measuring accuracy.

         (f)   The  tank  contents shall  be measured  and  recorded before  and
after each bulk liquid delivery to the tank.

         (g)  The  operator shall reconcile the  inventory data by comparing the
sales or uses, receipts, and  quantities of stored liquid as follows:

              (1)    For   systems  without  secondary  containment   and   leak
              monitoring, daily reconcilation  shall be performed; or

              (2)  For systems with secondary containment and leak monitoring,
              monthly reconciliation shall be  performed.

         (h)  If there  is  a  change in water level of 2 inches  or more  in  any
30-day  period or  less or a  total  water depth  of  3  inches  or  more  or  if
reconciliation  shows  that,   for any  30-day  period   or  less,  there  is  an
unexplained gain or  lose of  regulated substance  greater than  1.0 percent  of
sales or uses plus 130 gallons,  the operator shall notify the  Division  within
7 days and submit  all system  inventory record*  for the  period and the previous
year to the Division within 5 days thereafter.

         (i)  A tightness  test shall  be performed, pursuant  to Env-Ws 411.13,
on any  system with an  unexplained gain or loss) of regulated  substance greater
than 1.0 percent of  sales or  uses  plus  130 gallons  in any 30  day period,  or
with an unexplained  change in water level of  2 inches  or  more,  or total  water
depth of 3 inches or more.

         (j)  An owner shall perform tank tightness testing of  any underground
tank for which inventory monitoring is not performed  in accordance with  Env-Ws
411.1Kb), or  for  which records  have  not been  maintained in  accordance  with
these rules.
                                                                   Env-Ws
                                                                          12

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                                                                 UJ.iCVC.LVC
               Operators  of  on  premise use  heating  oil system*  may  perfora
annual  tank gauging  in accordance with  the following requirements:

               (1)  The tank shall be filled;

               (2)   Tank  oil   and  bottom  water  level  measurements  shall be
               recorded  at the beginning  aftd ending  of  an  idle period of at
               least  30  days,  during which/ no oil is added  to  or removed  froo
               the  tank;

               (3)  All  level  measurements shall  be based  on an average  of 2
               consecutive level readings; and

               (4)  The  equipment  used  shall  be capable  of  measuring the level
               of oil over the full range  of  the tank's  height  to  the nearest
               1/8  of an inch.

               (5)  If' the results of the manual  tank gauging indicate a change
               in water  level  of  2  inches  or more, or  a loaa or gain of  oil,
               the  division shall be notified within 7 day*.

               (6)    Records  of  oil  and  water   measurement  data  shall  be
              maintained for a period of 3 years.

               (7)  A tightness test shall be performed on  any  system with an
              unexplained gain or  loss of oil*  or with  an  unexplained change
               in water level of 2 inches or more.

               (8)  Underground storage  system*  which meet  the  requirements of
               these  rules for  new  systems  shall not be  subject  to  annual  tank
              gauging requirements.

                                         *.  #3116,  eff  9-17-85;  sa  by #4965,
                                   eff 11-2-90

    Knv-Ws 411.12  Regulated.
         (a)  No  transfer  of  regulated substances shall be  made  to facilities
which are not registered or for which there is not a valid permit to operate.

         (b)  Before  the  transfer  of regulated  substances  into  a  tank,  the
operator shall  determine that  the  tank has  sufficient receiving  capacity  to
hold the volume to be transferred.

         (c)  No  transfer  shall be  made to a tank which is  not equipped with
spill and overfill protection devices, as required under Env-Ws 411.25.

                                         *  #3116, eff  9-17-85; amd  by #3160,
                                   eff 12-16-85; ss by #4965, eff 11-2-90
                                                                   Env-Ws 411

                                                                         13

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                  fltw UAflfbaiKt LUi/t ur

    Env-Ws 411.13  -Hhttu... T«.tiM.        ,             OSWER Directive 9650.15
         (a)  All  underground  storage  systems  without  iecondary containment
and  leak  monitoring which  were required  to  be  tightness tested  under  rules
previously  in effect  shall be  tightness  tested,  if at  least  1  test  has  not
been performed.                            ,
                                          i \
                                         //
         (b)  Underground  storage  systems  without  secondary containment  and
leak monitoring  which were not required to  be  tightness tested  under  rules
previously in effect shall be  tightness  tested by October 1, 1991.

         (c)  The  tank  tightness testing  protocol or  method shall be tested
and certified by an independent testing laboratory  and shall be  certified by
the laboratory to  meet  the leak rate detection criteria  of  Env-Ws 411. 13 (g).
A  complete  description  of  the  method  or   protocol  and  a   copy  of  the
certification shall be  filed with  the owner.  The  owner  shall retain  the
description and certification  for the life  of  the facility.

         (d)  When  a  tightness  test  is conducted,  the person  conducting  the
test shall  send  a  tightness  test report  to the  owner, the operator,  and  the
Division no later than 30 days after the date  of the  test.

         (e)  The tightness test report  shall  include:

              (1)  The facility and  tank registration number;

              (2)  Location;

              (3)  Owner;

              (4)  Tank  capacity;

              (5)  Age;

              (6)  Product stored;

              (7)  Location of each  system tested;

              (8)  Copies of field records;

              (9)  Any other information to  accurately  identify each system;

              (10)   A  statement specifying that the piping was also tested;

              (11)   A description of any piping,  fittings, or connections that
              were  tightened or repaired;

              (12)   Waiting periods  after product delivery,  topping,  or  vapor
              space disturbances;
                                       10              ;^             Env-Ws  411
                                                                         14

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                                                     OSWER Directive 9650.15
              (13)  Temperature measurement equipment and method;

              (14)  Releveling procedure;

              (15)  Date of last calibration and maintenance of equipment;    ,

              (16)  Test duration time; antt

              (17)  Vapor pocket measurement and elimination procedure.

         (e)  The technician  performing  the  test  shall sign  a  test report
which certifies  the  validity,  method, and  accuracy of the  test  and certifies
that the test complies with  requirements of these rules and  that  he or she is
qualified to perform the test.

         (f)  The  tightness  test shall be  capable of detecting a system leak
rate of  0.05  gallon  ger hour for tanks, of less than  20,000  gallons capacity,
or 0.10  gallon per hour  for  tanks  of 20,000 gallons capacity or  larger with a
probability of  detection of  0.95  and  a probability  of  false  alarm  of  .05,
accounting  for  all  variables  including  vapor pockets,  thermal   expansion  of
product,  temperature stratification,  evaporation,  pressure, end deflection,
water table, and tidal action.

         (g)  A  leak or failure shall  be indicated by  a test result  of  0.05
gallon per hour  or greater for  tanks of less than  20,000  gallons  capacity, or
0.10 gallon per hour or greater for tanks of 20,000 gallons or more.

         (h)   Volumetric  tightness  tests  shall  conform  to  the  following
requirements:

              (1)  There shall be a  minimum waiting period of 8 hours  after |
              product delivery  before a tightness test is started;

              (2)  There shall  be  a  minimum waiting  period  of  4  hours  after
              the test  equipment is  set up  and  toppe   before  the  tightness
              test is started;

              (3)  There shall be  a minimum of  4  hours  after the vapor  space
              is   disturbed  before   the  tightness  test  is  started on  a
              partially-filled  tank;

              (4)  At least 5  temperature sensors or an averaging sensor  over
              the  sane  vertical  range  shall  be  used  to  measure  product
              temperature,  or the product shall be circulated;

              (5)  The  hydrostatic  head  during  a precision  tightness  test
              shall be held constant  throughout the test;

              (6)  The  level  within a standpipe  shall  be  adjusted  by  the
              addition of very  small product  amounts at  a  time,   the  product
              shall be at the same  temperature as  the  product in the tank,  and
              the product shall  be  added  at  a location  that will not affect
              the temperature sensors;
                                       11              ^             Env-Ws 4111
                                                                          15

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                                                     .OSWER Directive 9650.15
               (7)   Precision tightness  testing  equipment  shall  be regularly
               and accurately calibrated,  and properly maintained and installed
               in accordance with manufacturers specifications;

               (8)   The  duration  of  a precision tightness  test  from  actual
               commencement  of  measurements^  and  readings shall  be at  least 4
               hours; and

               (9)   The  tester  shall  experimentally determine  the height to
               volume conversion factor, shall  determine  if  a volume of trapped
               vapor exists  which  will interfere  with test accuracy  and  shall
               take steps to reduce any such volume as much as possible.

          (i)   The test  report and other documents describing the type of  test,
contractor,  date,  materials,  all   field   data   and ^any  other  information
pertinent  to the work performed under this section  shall be  kept by the  owner
for the life of the system.

          (j)   If information submitted to the Division  causes  the Division to
question  the accuracy  of the test,  the person conducting  tank  tightness  tests
shall  provide  the  Division with information on  all  testing  equipment  and
protocols which have the potential to affect the accuracy of the test.

                                   Source.   13116,  eff  9-17-85;  ss by  #4965,
                                   eff 11-2-90
    Env— Ws 411.14  Certification of T^flfrry^fljane Performing Tightness Testa.

         (a)   Any  person  conducting  tank  tightness  tests  shall  have  an
understanding  of  the  variables  which  affect  the  test,  be  trained  in  the
performance of  the  test,  and  be certified as  qualified by  the manufacturer of
the equipment  used in  the  testing protocol  or method.  The  technician  shall
register with the Division by submitting a manufacturer's training certificate.

         (b)   Any  person  conducting  tank   tightness  tests  shall  keep  the
manufacturer's  certification  and  registration with  the  Division  current  and
shall notify the Division of  any change  in  employment  status.  Manufacturer's
certification of qualification shall  be valid  for  2 years  from the  date of
certification.

         (c)  No person  shall  conduct a tank  tightness  test to  fulfill  the
requirements of  these  rules who is not certified and registered  under  (a)  and
(b) above.

                                      #3116,  eff 9-17-85
                                       12               '.            Env-Ws 411

                                                                          16
                                                                                111

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                                CODE OF

     Env-W. 411.13  Ti.htn... Tf|t ,.«,..„..       OSWER Directive 9650.15
         (a)   The  person  conducting  the  tightness  left  stall  notify  the
Division and  the  facility owner and operator immediately of a system  tightness.
test failure.

         (b)  A tightness  test  failure sha/11 be addressed as follows:

              (1)   The owner  and  operator  of an underground  storage system
              shall  report any failure  to  the  Division  within  24  hours  of
              receiving notice  of the failure;

              (2)   The owner or  operator shall perform  an investigation into
              the cause of the  failure to determine if the  system is leaking;
                                                       "^
              (3)  The investigation  into the  cause  of an initial test failure
              shall  Be   completed   within  7  days   and  shall  include  the
              performance of a  second confirming tank tightness test;

              (4)   The owner  shall submit  a  written  report  to the  Division
              within   30   days   of   the  failure  which   describes   the  work
              performedi  the repairs  made,  and   any other  actions   taken  in
              response to the test failure;

              (5)   Any  underground  storage  system  which  fails  a  second,
              confirming  teat   for  tightness  shall  be  completely  emptied  of
              regulated substance within  24  hours of  the second failure  and
              shall be repaired or closed within 30 days; and

              (6)  The  owner may at  any time  elect  to  permanently close  tha
              system instead of conducting an investigation into the  cause  m
              the failure.

         (c)  Any system which  has  been  repaired  after a second tightness test
failure shall be  retested for  tightness to confirm  the effectiveness  of  the
repairs.

                                   Source.  #3116, eff  9-17-85 ;  sa  by #4963,
                                   eff 11-2-90

    Env— Ws 411.16  PBU4UAI Operating Conditions.

         (a)   The   operator  shall  report   any  unusual   system   operating
conditions to the Division within  24 hours,  unless  the cause  is  immediately
determined  and   corrected*  and  the  operator  determines  that  the   unusual
operating condition did not result in a release of a regulated substance.

         (b)  Unusual  system   operating conditions  which require  reporting
shall include:

              (1)   Erratic behavior of dispensing  equipment;
                                       13              «             Env-ws 4in
                                                                          17

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                  ft&N ttAftfSiilRfi  CODE OF AO1INISTRAIIVE RUU-i
                                                      OSWER Directive  9650.15
               (2)   Unexplained loss of regulated  substance or the presence of
               regulated  substance  on  the ground surface,  surface  water or
               groundwater  at  or  near the  facility;

               (3)  An increase of 2 inches or more of water in a tank over any
               30 day  or shorter  period or/a  total water  depth of  3 inches or
               more;                       /

               (4)   Recorded  substance  losses  indicated  by  inventory control
               records on 18 operating days or more in any  30 day period;

               (5)  An indication by a leak monitor of a possible leak; and

               (6)   The  presence  near  the  facility  of  petroleum  vapors  or
               vapors of a  hazardous substance.

         (c)   The  operator shall  initiate  an investigation into  the cause of
any unusual system  operating  conditions within 7 days of the occurrence of the
condition  and shall submit a written report  to the Division  delineating the
investigation  and  its  conclusions.   The  investigation  shall  confirm  any
suspected  release of a regulated substance.

         (d)   If the  Division determines* based on the written report, that a
release  of a regulated  substance  could have  occurred,  the operator  shall
conduct a  tightness test of the  affected system(s).

                                    Source.  #3116, eff  9-17-85;  sa  by #4965,
                                    eff 11-2-90

    Env—Ws 411.17  Temporary QlQimrC*

         (a)   Temporary  closure of  underground  storage  systems  shall  be
accomplished  by  removing  all liquid  regulated substances and tank bottoms,
without excavation of the  system.  All  substances  removed shall be disposed of
in accordance with applicable  local, state, and federal rules*

         (b)   Within 30  days  of   temporary closure, the owner  shall notify the
Division in writing that the system has been temporarily closed.

         (c)   An underground  storage system which has been temporarily closed
for 1 year shall be permanently  closed  in accordance  with Env-Wa 411.18 unless
the system meets all  requirements of these rules  for a new system or a system
with release detection.

         (d)   An underground  storage system which is  temporarily  closed  shall
not be. placed  back in service, nor shall  any  regulated substance be introduced
into the ays tea* until the operator certifies  to the Division  that the system
is in compliance with applicable  statutory and regulatory requirements.
                                   Source  #3116,  eff  9-17-85;  ss by  #4965,
                                   eff 11-2-90
                                       14               V           Env-Ws 411

                                                                          18

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    Env-Ws 411.18  P*""«"-Tir fllnilllT               OSWER Directive 9650.15

         (a)  Steel  underground storage  systems without  corrosion  protection
•hall  be  permanently  closed  on  or  before  25  years  after  the  year  of
installation.  When  the year of installation  is unknown, the system  shall  be
permanently closed by October 1, 1995.
         (b)  Steel  underground storage  systems without  corrosion  protection
for which  groundwater or soil  vapor monitoring  devices  were installed  as  an
alternative to  permanent closure under  rules previously  in effect, shall  be
permanently closed by October 1, 1995.

         (c)  The  owner shall notify  the Division at  least 30 days prior  to
any scheduled system removal or  closure.  The  Division  shall  be notified  of
emergency removals or closures as far in advance of the work as  possible.

         (d)  Permanent closure shall be-accomplished as follows:

              (1)  All  product,  liquid and  sludge shall  be removed from  the
              8ystem(s)  and  disposed of  in accordance  with applicable  state
              and federal rules;

              (2)   All  piping  shall  be  disconnected  and removed  to  the
              greatest extent possible or permanently capped or  plugged;

              (3)  The   tank(s)  shall be tested  for hazardous  or  explosive
              vapors and rendered free of vapors;

              (4)  The  tank(s)  shall be  either  removed  or closed in-place  by
              filling the tank(s) to  capacity with a solid  inert material and
              filling all voids within the tank(s);

              (5)  An  assessment  shall  be  performed  to  determine  if any
              contamination   is  present  using one  of the following sampling
              methods for the assessment:

                   a.  Test  pits shall be excavated in the  immediate vicinity
                   of  the  system,   and  representative   soil  or  groundwater
                   samples shall be obtained;  or

                   b.  Soil  or groundwater  samples shall be obtained from the
                   exeavation(s) resulting froa the removal of the tank(s); or

                   e.   Existing  release  detection  devices  or   subsurface
                   monitoring locations shall  be sampled;  or

                   d.  For tanks which will be  closed in-place,  soil samples
                   shall be  obtained  at  representative locations  from beneath
                   the  tank,  by cutting  sampling  access  points  through the
                   tank wall.                      	 	
                                       15               «           Env-Ws
                                                                          19
                                                                                 It-

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                                                  OSWER Directive 9650.15
                    e.   Soil  or groundvater  samples  shall  also  be  taken at
                    locations  adjacent  to  the .system piping.

               (6)   The soil  or  groundvater samples shall  be screened for the
               presence of  contamination in the field,  and submitted to an EPA
               certified laboratory for  analysis, as follows:

                    a.   Field  screening o^C  samples shall  include  visual  and
                    olfactory  observation  and  headspace analysis performed with
                    a   portable  organic vapor  meter   (OVM)  or  portable  gas
                    chromatograph (GG);

                    b.   Laboratory  analysis of samples  shall  include tests for
                    volatile   organic   compounds  (VOC)   and   total  petroleum
                    hydrocarbons  (TPH)  if  the  system stored motor fuel, or test
                    for total  petroleum hydrocarbons  (TPH) if  the system stored
                .   heating  oil  or waste  oil,  or  the  appropriate  EPA  test
                    method for hazardous substances; and

               (7)   Results of the  assessment  performed under  (5) above and the
               laboratory analysis  of  samples  performed under  (6)  above  shall
               be submitted to the Division within 30 days of  the closure.

         (e)    If   soil  or  groundwater   contamination   from  the  regulated
substance  is  detected by   observation  or  analysis  during  closure  of  an
underground  storage system,   the Division shall be notified  immediately.   All
requirements of Part Env-Ws 412 shall be complied with.

         (f)   The   excavation shall  not  be backfilled,  nor  shall  the closed
tank be  removed from  the  site until  the  Division  baa inspected  the  site and
approved the closure.   If  the Division is  unable to inspect  the site  within 7
daya,  the  Division shall  grant permission for a  consultant or  other person
knowledgable in  site assessments for contamination to  inspect  the site.   When
such  permission is granted,  the  person  inspecting  the  site  shall  submit  a
report  to  the Division.   The  report shall contain  a  detailed  account  of
inspection  of  soil  and groundwater in the  vicinity  of  the tank, and of  an
inspection of  the closed tank(s) for evidence of corrosion and leakage.

         (g)   Underground  storage  systems  which  have  not  been  temporarily or
permanently closed  shall be subject to  all  requirements of these rules.

         (h)   Documents pertaining  to the closure of  the  tanks  or  system,
including contractor's invoices, manifests for disposal  of materials, testing
and  analytical reports, and  any  other documents  generated  from  the  closure
shall be kept  by the owner for  10  years.   These documents shall be transferred
to the new owner at the time  of a transfer  of facility ownership.

                                   Source.  #3116,  eff  9-17-85;  ss by #4965.
                                   eff  11-2-90
                                       16                           Env-Ws 411
                                                                           20

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                                                   OSWER Directive 9650,15
            411.19
          (a)  Underground  storage tank* which have been  removed that  do not
 meet the  standards  for new  tanks shall aot  be reuaed aa  underground storage
 tankii for regulated substances.                                                i

          (b)  A tank once used  for regulated  substances  shall not be reused to
 storti food producta or potable water.    /

                                             #3116,  eff  9-17-85;  ss by  #4965,
                                    eff 11-2-90

     Unv-Ws 411.20  RequireaMta for Approval of Underground Storage Sva terns.

          (a)   At   least  90   days  prior   to  commencing   construction   or
 installation  of  a  new  or  replacement  underground  atorage  system  or  of  a
 substantial modification of an underground  storage  system,  the owner  shall
 submit plans and specifications to the Division.  The plans  shall be prepared
 and • tamped by a registered  professional engineer, licensed to practice in  the
 stats of New Hampshire.

          (b)  Within  90 days  of  submission of  plans  and  specifications,  the
 Division   shall   approve   plans   which   demonstrate   compliance  with   the
 requirements  of  these  rules,  or  issue  a  notice   of   incompleteness   or
 disapproval for plans which do  not demonstrate compliance with theae rules.

          (c)  An  owner  shall  not  cause  or  allow a  change which  is not  in
 accordance  with  the  approved plans  and  all  tens  and  conditions  of  the
 Division's approval.

          (d)   An  approval  shall  be valid   for  1  year  from  the  date
 issuance.  If construction of  the  installation is not  completed within 1
 the approval shall  be void.

                                    Sourea.   *3116,  eff  9-17-S    ss  by #4965,
                                    eff 11-2-90

     Env— Ws 411.21  TfflK S^aftdnrda for New Underground  StPfag*    ^fiBA*

          (a)  All  glass fiber reinforced  plastic undergrotr . storage  ta .3
 designed for storing  regulated substances  shall be manufactured in  accordance
 with standards of  Underwriters  Laboratories*  Inc.* UL  1316,  or  Underwriters
 Laboratories of Canada,  CANA-S615-M83.

          (b)  All double-walled ateel underground  storage  tanka  designed  for
 storing regulated  substances  shall be manufactured with  outer jackets  of  a
 minijmjm of 10 gauge in thickness.

          (c)  All__composite underground  storage_ tanka   designed  for  storing
"regulated  substances— shaH — be— manufactured  in " accordance with  Underwriters
 Laboratories Standard 1746, or  the Association for  Composite Tanks ACT-100.
                                        17             ;.             Env-Ws'41)

                                                                          21

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                  ft&W HArtf SJiiA£ CODE OF ADMINISTRATIVE RULES
                                                    OSWER Directive 9650.15
          (d)   All  underground  storage  tank*  designed for  itoring regulated
substances  and constructed  of  steel  clad, with  fiberglass reinforced plastic
shall be manufactured in accordance with one  of  the following  standards:

               (1)   Underwriters Laboratories  of Canada, Inc. ULC-603, Standard
               for   Protected  Steel   Underground  Tanks   for  Flammable  and
               Combustible Liquids; or    /

               (2)    Underwriters   Laboratories,   Inc.,  USA,  UL   58,   Steel
               Underground Tanks for Flammable and Combustible Liquids; or

               (3)   Code for  Unfired  Pressure  Vessels; Section VIII, Division I
               of the ASME Boiler and Pressure Vessel  Code.

          (e)   All tanks shall provide  secondary containment unless enclosed in
a  vault.   Secondary containment shall enclose  at least the  lower  300 degrees
of  the inner tank.

          (f)   The  secondary containment  wall  or envelope  shall  not  be  in
contact with  the  inner wall, such that a  leak of the inner  tank would  not be
detected due to restriction of product flow to the monitoring sump.

          (g)   There shall be no penetrations  of any kind through the jacket to
the tank  except   top  entry  fittings  required  for filling,  venting,  and
monitoring of  the interstitial space.

          (h)   All new tanks shall  have a wear plate  constructed  of  steel or
glass fiber  reinforced plastic installed  under each  tank  opening  covering an
area of  at least  144 square inches,  for purposes of protecting  the tank wall
from abrasion  or puncture.

          (i)   New  underground  storage tanks shall  bear  a stencil,  label  or
plate which contains the following information:

               (1)   The standard of design by  which the tank was manufactured;

               (2)   The year in which the tank was manufactured;

               (3)   The dimensions and capacity of the  tank; and

               (4)   The name of the manufacturer.

         (j)   A certificate  which shows all  of  the  information required above
and which also show* the date of  installation and the regulated substances and
percentage* by volume of  any additives  which may  be stored  permanently and
compatibly within,  shall be  conspicuously  displayed and permanently affixed at
the facility premises.

         (k)   Documents  or  copies  of  documents  describing  manufacturer's
warrantees,  equipment items,  contractor,  equipment  maintenance,  repairs  or
testing,  and   all other information  pertinent  to the tank  installation  and
system  components  shall  be  kept  at  the  facility for  the  life  of  the
system(s).  These records shall be transferred  to the new owner(s)  at the time
of  a transfer  of facility ownership.


                                       18               -            Env-Ws 411

                                                                           22

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                                     OF
                                                        OSWER Directive 9650.15

          (1)   Owner*  and operators shall maintain  records which show that new
 tanks  and their welds , seams, and connecting fittings were factory tested for
 tightness  using standard  engineering practices.   Records shall  certify thaj
 each tank is  guaranteed by the manufacturer against leakage for a period of Ifl
 years.                                    ,• .

          (ffl)   The  regulated substance  stored  shall   be  compatible with  the
 interior  lining  or  wall  of  the tank,  piping system,  and   all  components,
 gaskets,  sealants,  that will be in contact with the stored substance.   If the
 regulated  substance stored  is  changed,  and  it is  not listed as  a substance
 that is  compatible  with the  tank,  a  written confirmation from  the manufacturer
 shall  be  obtained  certifying the compatibility  of  the liquid  with the  system,
 prior  to  the  change.

                                             f3116,  eff" 9-17-85;  ss by  #4965,
                                   eff li-2-90

     Env— Ws 411.22  Piping Stflfldftrda for New Underground Storage. SYltCBJ-

          (a)   All  new underground  pipes, fittings*  and connections  shall  be
constructed  of  fiberglass  reinforced  epoxy,  galvanized  steel,  black  iron,
stainless steel, or copper.

          (b)   Fiberglass reinforced epoxy piping shall meet ASTM Specification
D-2996-71,  Standard  Specification   for   Filament  Wound  RTRP,  Underwriters
Laboratory Subject 971 "Listed non-metal  pipe" or Underwriters Laboratories  of
Canada  Guide  ULC-107  "Glass  Fiber  Reinforced  Plastic  Pipe  Fittings  for
Flammable  Liquids".   Ultimate  sheer  strength  of adhesive  and curing  agent
shall  be in  compliance with ASIM  D-2517-66T,  as  approved  and  supplied  b]
manufacturer.

          (c)   Steel  or  iron piping shall  be  Schedule 40 or  heavier  and  shall
have protective  wrapping or di-electric coating and  be cathodically  protected
by  impressed  current or  sacrificial  anodes.   Galvanized  Steel  shall  meet
standards as in  American Petroleum  Institute  Publication 1615 "Installation  of
Underground Petroleum System";

         (d)   Copper tubing  shall  be  contained  in  a non-metallic  sleeve  to
protect it from damage and corrosion.

         (e)   Underground  metal  piping  and  components routinely  containing
regulated substances  and in contact with  the soil or  other  backfill material
shall have  a cathodic protection  system  designed under the supervision of  a
corrosion  specialist accredited  by  the  National  Association  of  Corrosion
Engineers and  the design  shall be  submitted  as part  of  the plans  required
under Env-Ws 411.20.

         (f)   Except  when  cathodic   protection is  provided by  impressed
current,  underground metal  piping   -stems  shall have di-electric  bushings
installed to  electrically  isolate      piping  system  from  the  tank and the
dispcmser, or  other  end use point, and at any change in the metal type,  such
as at: flexible connectors.
                                       19               <            Env-Ws 411

                                                                         23

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                      dArtPSfllRE CODE OF ADMINISTRATIVE

                                                 OSWER Directive 9650.15

         (f)   If  metal  pipe  if  totally isolated  from the  toil  via secondary
containment, cathodic protection of the piping shall not be  required.

         (h)   Steel  or  iron  fittings  used  with fiberglass  piping shall  be
thoroughly  wrapped  and  sealed  with   a  /dielectric  material  or  shall  be
cathodically protected.                    /.

         (i)  Stainless steel  flexible  connectors shall be  thoroughly wrapped
or  coated  to completely isolate  then  from the  soil  and from metal  piping  to
the pump, or shall be cathodically protected.

         (j)   All   new  underground   piping   systems   shall  be   designed,
constructed,  and  installed  with  access  and   isolation   points  to  permit
independent  pressure testing  of the  tank  and  piping  without  the need  for
extensive excavation.

         (k)  With the  exception of heating  oil systems for  on-premises  use,
suction  pump  systems shall have  only 1 check valve, placed  as  close  to  the
pump as possible.

         (1)   Pressure   and  Temperature  Limitations  shall  meet  ANSI  B31,
American National  Standard Code for Pressure Piping.

                                   Source...  #3116,  eff 9-17-85;  ss  by  #4965,
                                   eff 11-2-90
    Env— Ws 411.23  Secondary Con^*^r|"igpt fQr New
                     T '•
         (a)  Secondary containment shall be provided for all new tanks.

         (b)   A  double-walled   tank  constructed  in  accordance  with  Env-Ws
411.21  shall  satisfy  the  requirements of  this  section  for  tank  secondary
containment.

         (c)  A  concrete vault  may  be used  for  secondary  containment of  a
single wall tank and shall meet  the following requirements:

              (1)  It shall be watertight, impervious to  leakage  of  regulated
              substances;

              (2)  It  shall be  able  to withstand chemical deterioration  and
              structural stresses from internal and external causes;

              (3)  It shall  be a  continuous structure;

              (4)  It  shall  have no  drain connections  or other entries  or
              openings  through the vault;

              (5)  It  shall  be  constructed  of continuously poured  reinforced
              concrete  with  chemical resistant water stops  at any  construction
              joint;
                                       20               <            Env-Ws  411
                                                                         24

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                   NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
                                                OSWER Directive 9650.15
               (6)  Top slabs shall be reinforctd;

               (7)  The  interior  shall  be  sealed  with  a material  compatible.
               with  the  stored  product,  or  otherwise  designed  to  make  it(
               impervious  to leakage  of  the  stored   liquid  or  intrusion  of
               groundwater;               .('

               (8)  It  shall have only  top openings,  solely  for  tank  entry
               manholes* piping,  or  for  monitoring and  pumping  of liquid  from
               the vault;

               (9)  All  penetrations  shall  be sealed  or otherwise designed  to
               prevent intrusion of precipitation or surface runoff.

          (d)   The tank  shall be encased or bedded in the vault in  accordance
 with the manufacturer's requirements.

          (e)   All  secondary containment access  ports  shall  be conspicuously
 marked or labeled and shall  be  secured.
     5£nv-Ws  411.24   Secondary Confra.jnm.ent ^Qr New ?r
-------
                                              OSWER Directive 9650.15
          (d)   Spill containment equipment shall prevent  the  release  of  product
 to the environment when the transfer  hose  is detached from  the fill pipe, and
 •hall  have a minimum capacity  of  5  gallons.

          (e)   The   overfill  protection  equipment  shall  alert  the transfer
 operator  when  the  tank ia  no  more  than 90%  full  by restricting the flow into
 the  :ank  or by  triggering  a high  level Audible  alarm, or shall  automatically
 shut off  flow  into  the tank when  the  tank'/ is  no more than 951 full.

          (f)    All   gauges,   alarms,   or  automatic   or  mechanical   devices
 associated with spill containment  and  overfill  protection shall be  maintained
 in good working  order to perform  their  original design  function.

                                    Source.  #4965, eff  11-2-90

    Env-Ws 411.26   Leak Monitoring;  for  New T*"ki-

          (a)   Leak  monitoring  shall be installed and continuously operated for
 all new tanks.

          (b)   Double-walled  tanks  shall  have  continuous  monitoring   of  the
 interstitial space  for both the regulated substance  and water.

          (c)   Single wall  tanks  shall have  continuous monitoring   of  the
 annular  space  between the tank  and  the secondary containment  structure for
 both the  regulated  substance and water.

          (d)   The leak monitoring device shall be able to detect the regulated
 substance stored and its vapors  if the substance ia volatile,  as well  as the
 presence of water.

                                    Sourea.  #4965, eff  11-2-90

    Env-Ws 411.27   Leak Monitoring  for  New Pnderrfl^ff1^  PlP&fl
         (a)   New  underground piping  systems)  which  operate under  pressure
shall be equipped with leak monitoring.

         (b)  A  UL-approved line  leak  detector shall be  employed which shall
be capable of detecting  a line leakage rate of at  least 3 gallons per hour at
10  pounds per   square  inch,  and  shall  shut-off,  restrict  product  flow  or
otherwise notify the operator if the leakage rate is exceeded.

         (c)  The  interstitial  space of the double wall piping or the annular
space between the  primary piping  and the  secondary containment system shall be
continuously monitored  to detect  the presence of  the  regulated  substance  or
the vapors of the regulated substance.

         (d)   The  piping  collection  sump  and  the   submersible  pump  head
containment structure  shall employ  a leak monitor, activated -by  liquid -or  by
vapors of the regulated substance.

                                            #4965, eff 11-2-90
                                       22             .              Env-Ws 411

                                                                          26
                                                                              /Z7

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                                                OSWER Directive 9650.15

     ilnv-Wi  411.28   InatalJntjpn  Of  N(M,  UnHerg,round Storage SvflCenB.

          (a)   Tank  and  individual  system  component  installations  shall  be
 performed  according   to   the  manufacturer's   requirements  and  national  and
 industry  codes.    Installation   items   not  included  in   the   manufacturer's
 requirements  shall  be performed accordingyto PEI  RP 100-87, API  1615,  and  API
 1632.   Safety and  testing  requirements  According  to  NFPA  30  and  NFPA  329,
 shall, be  complied with.

          (b)  For steel  tanks,  the tank coating shall be  thoroughly  inspected,
 and  any  scratches,  gouges, voids,  or  other  discontinuities  found  in  the
 coating  shall be repaired  according  to  the manufacturer's requirements  prior
 to installation.

          (c)  Whenever an existing tank  is  removed prior to the  installation
 of  t.  new  tank,,  all. the  requirements. of  Env-Ws  411.18 shall  be  met.   If
 evidence  of  a  discharge of  regulated  substance  is discovered,  the Division
 shall  be  notified immediately.  All  requirements  of Part  Env-Ws 412 shall  be
 followed.

          (d)  Whenever an existing tank  is  removed prior to the  installation
 of  t. new tank  all  system piping  that does not  meet  the standards  for new
 underground storage systems as specified  in Env-Ws 411.22  shall be removed.

          (e)  Systems  shall  not  be installed in areas subject to  flooding over
 the  top  of  the  tank unless  provisions  are  made to  ensure that  the tank  shall
 not  float and its contents  shall  not escape during a  flood.   For areas where
 the  ground  surface  is below  the 100  year flood elevation, special provisions
 for  tank  anchoring  and product  containment  shall  be provided  to the Division
 with the  plan required by Env-Ws 411.20.

          (f)  All new underground piping shall  be laid out  so  as to minimize
 crossovers  and, within construction  limits, shall run  in  a  compact  trench  to
 the ;?oint of use.

          (g)  Piping shall  slope continuously towards the tank at a minimum  of
 1/8 inch per foot.

          (h)  The  owner  shall  notify  the  Division of  the completion  of the
 installation  of a new system  at least  7 days  prior to  final  backfilling,   to
 arrange for an inspection.

          (i)  The Division  shall inspect the system prior to backfilling, and
 owners shall  correct  any discrepancies  discovered by the  Division between the
 completed installation and approved plans, within  30 days and shall notify the
 Division to arrange a follow-up inspection.

          (j)  The  installer shall   certify  that   the  installation  has  bt«n
 completed   in  accordance   with   approved   plans  -and  - specifications   *nd
manufacturer's requirements, in accordance with 40  CFR PART 280.22(f).
                                       23              .             Env-Wt
                                                                        27

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                  Ji&w aAfuraauu. ^uwt u* AflMiNiSlKAiivc	     -.._..
                                                OSWER Directive  9650.15
         (k)   The new system  shall  not be  backfilled or  placed into service
until final inspection has been performed by'the Division.

                                   Source.  #4965, eff 11-2-90

    Env-Ws  411.29  Release Detection  for  Tanka Without  Secondary Containment
and, Leak Monitoring-                     f*
                                         V
         (a)   -With  thu   uiaepiluu  e*  en  pi-eaise  aac   heating   eil  syateauit
underground  storage tanks without  secondary  containment and  leak monitoring
shall  be equipped  with  release  detection  and/or be  monitored  for  releases
according to the  following schedule:

Installation Year               peadline

  Before 1966 or unknown       Immediately
  1966 - 1969   -     -         Dec.  22,-1990
  1970 - 1974                  Dec.  22. 1991
  1975 - 1979                  Dec.  22, 1992
  1980 or after                Dec.  22, 1993

         (b)   Owners  of  underground  storage  facilities  without  secondary
containment  and  leak  monitoring  shall  conduct  annual  tightness  testing,
automatic tank gauging,  groundwater monitoring,  or soil gas vapor monitoring
for  release detection.    Prior  to initiating  release detection,  owners  shall
submit a plan to  the  division which  demonstrates that  the  release  detection
method chosen meets the requirements  of this section.

         (c)  When  tightness testing is used for release detection, the system
shall be tested  at least annually.   Tightness testing shall not  be used  as a
release detection method after December 22, 1998.

         (d)  When  automatic  tank gauging  is  used for  release  detection,  the
gauge  shall  provide  at  least  one  monthly  test  for   tank  leakage  with  a
detection limit  of at least  0.2  gallons  per  hour.  In-tank monitoring  shall
operate  in  a  leak  detection  mode for at  leaat 2 hours  during each  24  hour
period.

         (e)  When  groundwater monitoring  is  used for  release  detection,  the
release detection method shall conform to the following requirements:

              (1)  The stored  substance  shall be  immiscible in water  and  have
              a specific gravity of  less than 1;

              (2)  The groundwater table shall  be  within 20 feet  of the ground
              surface;

              (3)  Monitoring  wells  shall be  installed  to intercept  the  tank
              excavation zone  which  is the  volume containing the  tank system
              and backfill material bounded by the ground  surface, walls,  and
              floor of the pit or trenches into which the  underground storage
              tank system is  placed at the time of installation;
                                       24                           Env-Ws 411

                                                                         28

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                                LUt/C, Uf AJjOi^iaiRAiAVt RULA5

                                                OSWER Directive 9650.15

                    If the  requirements of  paragraph  (e)(3)  above  cannot be
              met, monitoring wells shall be  placed  as  close to the tank(s) as
              technically feasible and  the  well screen of  the monitoring well
              shall  completely  intercept  seasonal  fluctuations  in  the  wated
              table;                       .                                    '
              (5)   The  hydraulic  conductivity  of  the  soil  surrounding  a
              monitoring well and between a monitoring well  and the tank shall
              be greater than 0.01 centimeters per second;

              (6)  The slotted  portion  of  the monitoring well  casing  shall be
              designed to  prevent migration  of  natural  soils  or  filter  pack
              into the well  but to allow entry  of regulated substance  on  the
              water table  into  the well  under both  high and  low  grade-water
              conditions;

              (7)  Monitoring wells shall be  seal   from  the ground surface to
              the top of  the filter pack;

              (8)  Monitoring  wells shall  be c.  irly  marked  and  secured  to
              avoid unauthorized access  and  tampering; and

              (9)  The device(s)  or method(s) for monitoring shall provide at
              least 1 monthly test of the  groundwater for the  presence  of  the
              regulated substance stored  in the system,  and shall  be able to
              detect  the  presence of  1/8  inch  or more  free  product on  the
              groundwater.

         (f)  When  soil  gas vapor monitoring is  used  for  release detection,
the release detection  method shall conform  to  the following requirements:

              (1)  The device(s)  or sethod(s) for monitoring shall provide  at
              least 1  monthly test for "he presence of the regulated substance
              stored in the tank;

              (2)  The  stored  liquid   ir  approved tracer  additive  shall   be
              sufficiently   volatile  :o  provide  a  vapor  level  that   is
              detectable  by the  monitoring device(s) utilized;

              (3)  The measurement  of vapors  by  the monitoring device shall
              not be  rendered  inoperative  by  the groundwater,  rainfall,   or
              soil moisture or  other  known  interferences  such  that a release
              could go undetected  for more than 30  days.

              (4)  The monitoring device (s)  shall be installed  to intercept
              tfie tank excavation zone, or  shall be placed as close  to  the
              tank(s)  as  possible;
                                      25               *           Env-Ws 411

                                                                        29

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                                              OSWER Directive 9650.15
              (5)   The  subsurface materials  and  conditions  surrounding  the
              monitoring  device(s) and between  the device(s)  and  tank, shall
              be  sufficiently  porous  in  their  in-situ  condition  to   readily
              allow diffusion of vapors from the tank to the device(s);

              (6)  The vapor monitors  shall.be designed and operated to detect
              any  increase in  concentration  above background concentrations;
              and

              (7)  Monitoring  wells  installed  for soil  gas  vapor  monitoring
              shall  meet   the   same  requirements  as  wells  installed  for
              groundwater  monitoring,  except  the  screened  interval need  not
              intercept groundwater.

                                   Source.  #4965,  eff .11-2-90

    Env-Ws 411.30  Release Detection for Piping.

         (a)   Release  detection  for  pressurized  piping  without  secondary
containment and leak monitoring  shall  be  installed and  operational by December
22,  1990.   Prior  to initiating  release detection, owners shall submit  a plan
to  the  division which  demonstrates that  the  release detection method  chosen
meets the requirements of this section.

         (b)  Release  detection for systems with  pressurized  piping  shall  be
equipped with an automatic  line  leak detector which shall  restrict or stop the
flow  of  the stored  substance,  and which shall  trigger  an audible  or  visual
alarm upon detecting a leak at a  rate of 3 gallon* per hour  at a pressure  of
10 pounds per square  inch within 1 hour.  Automatic  line  leak detectors shall
be tested annually to confirm that they are in good working order.

         (c)  Release  detection  for  systems with  pressurized  piping  shall
utilize one of the following:

              (1)   Groundwater monitoring in accordance with Ws 411.29(e); or

              (2)   Soil vapor monitoring in accordance with Ws 411.29(f).

              (3)   Annual line tightness testing.

         (d)  When annual  line tightness  testing is  utilized,  test  results
shall be submitted to  the Division.  Pipe pressure tightness  tests  shall have
a detection limit  of 0.1 gallon per hour at 1.5 times  operating pressure.

         (•)  Release  detection for  system piping  at  facilities  utilizing
suction piping or atmospheric piping shall be required  on  the  same schedule  as
release detection  is required for tanks under Env-Ws 411.29(a).

         (f)  Release detection  for systems with suction or  atmospheric  piping
shall be one of  the following:    ..                  	—	  ~

              (1)   Performance of a line tightness  test  once every  3  years;
                                       26                           Env-Wt  411

                                                                         30
                                                                                i3>\

-------
               (2)   Groundwater monitoring  in accordance with Env-Ws 411.29(e);
              or
               (3)   Soil vapor monitoring in accordance with Env-W« 41i.29(f).

          (g)    Release   detection  shall  not  be   required   for  suction  or
atmospheric  piping that  is  demonstrated,^ by  division  inspection or  by plans
submitted by the owner,  to be  designed  and constructed  to meet the following
standards:

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

               (2)   The  below grade  piping is sloped so  that  the  contents  of
               the  piping  will drain  back into the storage  tank if the suction
               is released;

               (3)   Only one check valve is included in each suction line; and

               (4)   The  check valve is located  directly below  and as  close  as
               practical to the suction pump.

                                         x  04965, eff 11-2-90
    Env-Ws All. 31  Operation of Leak Monitoring Equipment.

         (a)   Leak monitoring  equipment and  devices shall  be maintained  in
good working  order at all times to continuously perform  their original design
function and  shall be tested annually for proper operation in accordance with
the  manufacturer's  requirements.   All  records  pertaining  to the  equipment
manufacturer, warrantees,  maintenance requirements*  repairs,  maintenance,  anJ
testing shall be maintained  for the life of the system and shall  be  stored  o'
the facility premises.

         (b)  Leak monitoring  devices shall  not be shut  off  or deactivated  at
any time.  Any  malfunction shall be  repaired  within  IS working days.   If  the
device(s) cannot be repaired within  15  days,  the affected system(s)  shall  be
temporarily closed until satisfactory repairs  are made.   Any deactivation of a
monitor shall be immediately reported to the Division by the operator.

         (c)   Leak   monitors   shall   employ  an  audible  alarm   and  visual
indicator, and  shall be  so  located  as  to be  readily heard  and  seen by  the
operator or other personnel during normal working hours*

         (d)  All  monitoring devices  shall be conspicuously marked or labeled
as  being  monitoring  devices   and  shall  be  secured  against  vandalism and
incidental damagw.

                                   Source.   04965,  eff 11-2-90
                                       27              «            Env-Ws  411

                                                                         31

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                   NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

    Env-W. 411.32  rnmf^ Faction f«.»»~i T...I...  °SWER Directive 9650.15
          (a)   All  new  underground  storage  tanks  shall  be  protected  froa
corrosion.   Corrosion protection for new  tanks shall comply  with 40 CFR PART
280.20(a).
                                          /'
          (b)   All existing steel underground storage  tanks  shall be protected
from  corrosion  no  later  than December  22, 1998.   Corrosion  protection  for
existing  steel  tanks  shall comply with  40  CFR PART 280.21(b)(2) or 40 CFR PART
280.21(b)(3).

          (c)   All  new  and  existing  cathodic protection  systems  shall  be
equipped  with an accessible  test  connection  or  monitor.  Sacrificial anode
systems  shall be tested  within  6  months  of installation  and every  3 years
thereafter, by a qualified cathodic  protection  tester who has  an understanding
of  the  principles and. measurements of  all  common types  of  techniques  used to
prevent corrosion of  a metal surface by making that  surface the cathode of an
electrochemical  cell  as applied to buried  or submerged  metal  piping and tank
systems.  Monitors for impressed current systems shall be checked monthly.

                                   Source.  04965, eff 11-2-90

    Env-Ws 411.33 Corrosion Protection for Piping.

          (a)  All new piping that routinely  contains  regulated substances and
is  in  contact with  the ground shall be  protected from  corrosion.  Corrosion
protection for new piping  shall comply with 40 CFR PART 280. 20 (b).

          (b)   All  existing metal  piping  that  routinely  contains  regulated
substances and is in  contact with the ground shall be protected from corrosion
no  later  than  December  22,  1998.    Corrosion  protection  for  existing metal
piping shall comply with 40 CFR PART 280. 21 (c).

                                            04965, eff 11-2-90
    Env— W§ 411.34   Submission  of  Corrosion Protecting flfln-  At  least 90 days
prior  to  retrofitting  or  field installing  corrosion protection  measures  for
underground storage  systems  existing  prior to October 1,  1990, an owner of an
underground  storage system  shall  submit  a  corrosion protection plan  to  the
Division in accordance with Env-Ws 411.20.

                                            #4965, eff 11-2-90
    Env-Ws 411.35  Relininf Steel Tanks.

         (a)  A  steel underground storage  tank may be repaired  by installing
an interior  liner no more  than  once during the  life  of  the  tank,  subject to
the following conditions:

              (1)   The   tank  has   passed  a   tightness   test  conducted  in
              accordance with Env-Ws 411.13;
                                       28                           Env-Ws 411

                                                                          32

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                                                            OSWER Directive 9650.15
               (2)   Inventory  records  have been  maintained for the  preceding
               three years  and do not  show a loss of  liquid,  or an  assessment
               is  performed which indicates  that no  contamination  is  present;
               and

               (3)   The  liner  material   is   compatible  with  the   regulated
               substance stored.            /
                                          f
          (b)   Steel tank  re lining  shall  be accomplished  in  accordance with
American  Petroleum  Institute Publication  1631,  "Recommended Practices for the
Interior  Lining of Existing Steel Underground Storage Tanks".

          (c)   Plans and specifications shall be submitted to  the  Division in
accordance with Env-Ws 411.20.

          (d)   The  system shall  be  tightness  tested in  accordance  with Env-Ws
411.13 after relining-of the tank is completed.

          (e)   The  relining  shall  not  be considered   to  affect  any of  the
requirements of these rules relative to the age of a tank.

          (f)   The  lining shall  be  tested after  10  years*  then every 5  years
thereafter for structural  soundness, voids, detachment  from the metal tank, or
other defects.  If  at  any  time  the lining is determined not  to be functioning
as originally  intended and installed, the  tank shall be permanently closed.

          (g)   Documents shall  be  retained  for  the life  of  the  tank  which
describe  the  lining  manufacturer,  contractor,  date,   warrantees,  procedure,
materials, and any other information pertinent to the work.

                                            #4965, eff 11-2-90
    Env-Ws 411.36  Repair of Fiberf lass-Reinforced Elastic Tank*.

         (a)   An  underground  f iberglass-reir "orced  plastic  tank  shall  be
repaired only once  during  the  life of  the  tank  and such  repairs  shall  be
subject to the following conditions:

              (1)  The tank has passed  a  precision  tightness  test conducted in
              accordance  with  Env-Ws  411.13  and  inventory   records  for  the
              preceding three  years  indicate no  loss  of  stored  liquid,  or an
              assessment is performed which  indicates  that  no contamination is
              present; and

              (2)  The repairs shall not  be  considered as affecting the  age of
              the tank for the purposes of these rules.

         (b)  Plans  and  specifications shall be  submitted  to  the  Division in
accordance with Env-Ws 411.20.

         (c)  Repairs  shall  be conducted  in  accordance with manufacturer's
requirements or nationally recognized codes and standards.
                                       29                           Env-Ws 411

                                                                         33

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                   NEW HAMPSHIRE  CODE OF  ADMINISTRATIVE KUUS
                                                            OSWER Directive 9650.15
          (d)   Following  completion  of  the, repair  of  the  tank,  and before
 backfilling,  the  system  shall be  tightness  tested  in  accordance with Env-Ws
 411.13.

          (e)   Documents  shall be maintained  for the  life of  the  tank which
 describe   the  material(s)   manufacturer^),   contractor,   date  of   repair,
 warrantees, procedures, materials,  and otjtter information  pertinent to the work.

                                            #4965, eff  11-2-90
     Env-Ws  411.37   Repair and Replacement of Piping Systems.

          (a)   Piping  systems  which  discharge  or  release   liquid  shall  be
 replaced  by systems meeting the requirements of Env-Ws 411.22.

          (b)   When a  tank  is  removed and  replaced,  all piping  shall  also be
 replaced, unless" it meets the requirements of  these rules for new piping.

                                   Source.  fA965, eff 11-2-90

     Env-Ws  411.38   Field-Fabricated Tanks.

          (a)   Field-fabricated underground  storage  tanks  shall  not  be  used
 unless  the  complete system is designed by a registered structural engineer.

          (b)   New  field-fabricated tanks shall meet  all  requirements of these
 rules for new  installations.

          (c)   The  design engineer shall  certify that a  field fabricated tank
 is  necessary  because  installation  of  a  factory  fabricated  tank  is  not
 feasible, and  that the design  plans  and specifications  meet all requirements
 of these  rules.

                                         x  #4965, eff 11-2-90
    Env-Ws 411.39  Secondary Containment for Hazardous, Substapce Systems.

         (a)   All  hazardous  substance underground  storage  systems  without
secondary containment and leak monitoring shall be closed by December 22, 1998.

         (b)  Approval  of  secondary containment  system  installations  shall be
in accordance with Env-Ws 411.20.
                                         x  #4965, eff 11-2-90

    Env-Wa 411.40  Waiver*.

         (a)  An owner  may request a waiver of  specific  rules  in  this  Part in
accordance with paragraph  (b) below.
                                       30                           Env-Ws

                                                                         34

-------
                                                         OSWER Directive  9650.15
         (b)  All  request* for waivers  shall be  submitted in writing  to the
Division and shall include the following information:

              (1)  A  description  of the  facility to which  the  waiver request
              relates, including the name,  address,  and registration number oH
              the facility.
                                         /, '
              (2)  A specific reference £o  the  section  of  the rule for which a
              waiver is being sought;

              (3)  A full explanation of why a waiver is necessary;
                   A  full explanation of  the  alternatives for which  a waiver
              is sought, with backup calculations and data for support; and

              (5)   A  full  explanation  of  how  the  grant  of  the  waiver  is
              consistent with the intent of RSA 146-C.

         (c)  The  Division shall  approve  a request  for waiver  upon finding
that:

              (1)   The alternatives proposed  are at  least equivalent  to the
              specific requirements contained in the rule; or

              (2)   If  the  alternatives  proposed are not  equivalent  to the
              requirements contained in  the rule, they are  adequate to ensure
              that the intent of RSA 146-C is met.

         (d)   No  waiver shall  be  granted  which,  in  the  judgment of  the
Division, contravenes  the intent of any rule.

         (e)  The  Division  shall issue a  written response to a  request  for
waiver within 60 days  of receipt of the request.

                                            #4965, eff 11-2-90
                                       31                           Env-Ws

                                                                         35

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    New Hampshire Code of Administrative Rules
                  Env-Ws 412

Reporting and Remediation of Oil Discharges
                  November 1990
      N.H. Department of Environmental Services
                                 NHDES


-------
                                                      OSWER Directive 9650.15
 PART  Env-Ws 412   REPORTING AND REMEDIATION OF OIL DISCHARGES  '

         Statutory Authority:   RSA  146-A:11-C

    Env-Ws  412.01   Purpose.   The   purpose  of   these  rules  is  to  establish!
 procedures and  requirements for notification, reporting,  response actions, and
 investigations for sites where discharges Af  oil  have occurred.

                                    Source.  #4966, eff  11-2-90

    Env-Ws  412.02   Applicability.    Any  responsible  party  or other  person
 having  knowledge of  a discharge of oil  shall  report  such  discharge  to the
 Division immediately, unless all of  the following conditions are met:

         (a)  The discharge is  less  than 25 gallons;
                                                       "«%
         (b)  The discharge is  immediately contained;

         (c)  The discharge and/or   contamination is  completely removed within
 24 hours; and

         (d)  There is no  impact  or potential impact to groundwater or surface
 water,

                                   Source.  #4966, eff 11-2-90

    Env-Ws 412.03  Definitions.

         (a)   "Discharge"  means  a  leak,  spill, or release  of  oil  to  the
 environment.

         (b)  "Contamination"  or  "contaminated" means the results of discharge
 of oil into groundwater, surface water or soil.

         (c)  "Free  Product"  means  oil which exists as  a separate phase  or
 layer of greater than 1/8" thickness on water.

         (d)  "Responsible Party"  means  an  operator or  other person who  is
 strictly liable for a discharge of oil under RSA  146-A:3-a.

         (e)  "Receptor"  means a living organism or an  environmental  medium
which is exposed to contamination from a discharge.

         (f)  "Site" means  the  place or location  where  a discharge  is  known  or
 suspected to have occurred.

                                            #4966, eff 11-2-90
                                                                   Env-Ws 412

                                                                        37

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    Env-Ws 412.04  Notification.                       OSWER Directive 9650.15

         (a)   Persons  notifying   Che   Division  of  confirmed  or  suspected
discharges of oil shall provide the following information:

              (1)   The name and  phone  number of  the  person  notifying  the
              Division;                   f

              (2)  The location of the discharge site;

              (3)  The date and time of the discharge; and

              (4)  The type and amount of oil discharged; and

              (5)   The  name  and  phone  number   of  the  party  potentially
              responsible for the discharge.

         (b)   If  the  spill  occurs during  normal  working  hours, notification
shall  be  directly  to  the  Division.   If  the   reporting  p?.rty  is unable  to
contact the Division, notification shall be to the State Pol^e.

                                   Source.  #4966, eff 11-2-90

    Env-Ws  412.05   Initial  Response  Action.   When  a discharge  occurs  any
responsible party shall take the following actions immediately:

         (a)   Assess  the  situation  and  evaluate   fire,  health  and  safety
hazards;
exists;
         (b)  Stop the discharge;

         (c)  Contact  the  local  fire department  if a  fire or  safety  hazard
         (d)  Notify  the Division  or State Police  as required  under  Section
Env-Ws 412.04;

         (e)  Contain and remove all discharged oil and oil-contaminated
debris;

         (f)   Dispose  of  discharged  oil  and  oil-contaminated  debris  la
accordance with all applicable local, state and federal rules;

         (g)  Monitor  and mitigate  fire,  health and  safety hazards posed  by
vapors or free product; and

         (h)  Take  any action necessary  to  prevent environmental  damage  tram
the discharge.

                                   Source.  #4966,-eff 11-2-90  -
                                                                   Env-Ws MI

-------
                  NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULIS
                                                     OSWER Directive 9650.15
    £nv-Ws   412.06    Abatement  Meiumrea.   After   initial   response  action,
responsible  parties shall perform the following abatement measures:

         (a)   Ensure  that  fire,  health and  safety  hazards  posed by   fresl
product or vapors continue to be monitored and mitigated;

         (b)   Remediate hazards  posed tftf  contaminated  soils  that  have  been
excavated  or  exposed  as  a result  of  the initial  response  action or  site
characterization.   In undertaking  remediation,  all  applicable  local,  state,
and federal  laws and regulations shall be complied with;

         (c)   Investigate  to determine the possible presence  of  free product;
and

         (d)   If  free product  is present,  begin free product  removal as  soon
as practicable in accordance with Env-Ws 412.07.

                                   Source .  #4966, eff 11-2-90

    Env— Wa 412.07  Free Product
         (a)   At  sites  where  free product  is  present,  responsible  parties
shall  remove  the free  product  in a manner  that  minimizes  the  spread  of
contamination.

         (b)   Discharges  and  by-products  from  free  product  recovery  and
disposal  operations  shall  be  treated  or disposed of  in  compliance  with
applicable local, state and federal regulations;

         (c)   Free product  removal systems  shall be  designed to  completelj
remove free product;

         (d)   Flammable  products  shall  be handled  in  a  safe and  competent
manner to prevent fires or explosions;  and

         (e)   Documentation   of   free  product   removal  measures   shall   be
submitted  to  the  Division  with   the initial  site  characterization  report
required under Env-Ws 412.08 and shall  contain the following information:

              (1)  The names of the  per son (s)  responsible  for implementing  the
              free product removal measures;

              (2)  The estimated quantity,  type, and  thickness of  free product
              observed or measured;

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

              (4)  Whether any  discharge  of treated water takes place  on-site
              or  off-site  during   the   recovery   operation   and  where  this
              discharge is located;  - ...........
                                                                   Env-Ws  412

                                                                       39

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                  NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
                                                      OSWER Directive 9650.15
              (5)   The  type  of treatment  applied  to  any contaminated water
              pumped or extracted to effect free product removal;

              (6)   The  step*  that  have  been  or  are  being  taken  to  obtain
              necessary permits for any discharge of treated water; and

              (7)  The disposition of the/ recovered free product.

                                            #4966, eff 11-2-90
    Env-Ws 412.08  Initial Site Characterization.

         (a)    Responsible    parties    shall   conduct    an    initial   site
characterization unless they conclusively demonstrate  to  the Division that the
discharge has  not  resulted in any  contamination.   The purpose  of  the initial
site characterization shall be to obtain  information about the hydrogeology of
the  site and  Che  nature  of  the  discharge,  and  identify  any  receptors  and
potential receptors.

         (b)  Responsible parties shall conduct  field  investigations to assess
the discharge in areas where contamination  is  most  likely to be present at the
site.   In  selecting sample types,  sample locations,  and  measurement methods,
responsible parties shall consider  the nature  of the discharged substance, the
type of  initial alarm or cause for  suspicion,  the  types  of backfill around any
underground  storage tanks,  the  distance  to  surface  water and the  depth  to
groundwater.

         (c)  Responsible parties shall  sample  the environment  most likely to
be contaminated by  a  confirmed or suspected discharge.  Analysis of soil gas,
groundwater, surface water, or soils shall be used.

         (d)   Environmental  samples  collected  at  the  site  may  be  field
screened with an  organic  vapor analyzer  and  shall  be  analyzed  at an  EPA
certified laboratory.

         (e)   Within  30   days  of   the  notification  to  the  Division  of  a
discharge,  responsible parties shall submit a Site Characterization Report  to
the Division which shall include the following:

              (1)  Data on the nature, location, and estimated quantity of the
              discharge;

              (2)   Data  from  available  sources  or   other  investigations
              concerning:

                   a.   Surrounding populations;

                   b.   Water quality;

                   c.    Use  and approximate   locations  of   drinking  water
                   supplies potentially affected by the discharge;
                                                                   Env-Ws 412

                                                                       40

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                   NtW ttAnr&ttAKt COD£ Of AiWLNiSTRAIiVt RULES

                    d.  Subsurface soil conditions;   OSWER  Directive 9650.15

                    e.  Locations of  underground utilities,  drains,  sewers;  and

                    f.  Land use.

               (3)   Documentation of  free product removal;
                                          i

               (4)   Information gained while  conducting the abatement measures
               in Env-Ws 412.06;  and

               (5)    A  preliminary  assessment   of   receptors  and  potential
               receptors.

                                   Source.  #4966, eff  11-2-90

     Env— Ws  412.09   Investigation  Due  to p^geoverv of  Discharges  from Unknown
 Sources.   When a  discharge from an  unknown  source is  discovered,  the owners
 and  operators of  facilities near the location  of  the  discovery shall conduct
 an  initial site characterization  in accordance with Env-Ws 412.08 unless the
 owner  or  operator  can  conclusively demonstrate  that  a  discharge has  not
 occurred at the facility.   The initial site  characterization shall determine
 if a discharge has occurred at  the facility.

                                          .  04966, eff  11-2-90
     Env-Ws 412.10  Site Investigation.

          (a)  Upon completion  of  an initial site characterization, responsible
parties  shall  investigate the discharge, the discharge  site, and the off-sitej
surrounding  area possibly affected by the discharge unless  the  initial sitfl
characterization establishes  that no free product  is present, no contaminatea
soils are present, and there  is no present  or potential groundwater or surface
water impact from the discharge.

          (b)   The  site  investigation shall  determine  the location  and full
extent of contamination and identify receptors and potential receptors.

          (c)  Free product  identified at any stage  of  the investigation shall
be  reported  to tht Division  immediately  and  removed  as   expeditiously  as
possible.   The presence  of  vapors  which pose  an  imminent   threat  to  public
safety  shall  also be  reported immediately  and corrective action implemented
without delay.

         (d)  A recoverable bench mark shall be  established at the site  and if
a U8GS  bench mark is  within 1,000  feet  of the  site,  elevations at  the site
shall be recorded using National Geodetic Vertical Datum (NGVD).

         (e)  Responsible parties shall  submit a site  investigation  report in
accordance with Env-Ws 412.11  to  the Division within 120  days of notification
to the Division of a discharge.

                                            #4966, eff 11-2-90
                                                                   Env-Ws

-------
                                              . OSWER Directive 9650.15

    Env-Ws 412.11  Site Investigation Report.'

         (a)  A lite investigation report shall define  the  nature,  extent,  and
magnitude of contamination and  identify  threats  to public  health,  welfare  and
to the environment.
                                         it
         (b)   The  site  investigation   report  shall   include   the  following
information:
              (1)   Location  of  the site,  including address,  phone number  at
              the  site,  tax map  and lot number;

              (2)   History  of  site ownership and  operation for  at least  the
              last 50 years  or  since  initial  development, including the  name,
              current address and  telephone  number of~all  current owners  and
              operators;

              (3)   A locus plan  which  is a photocopy of USGS  topographic maps;

              (4)   A copy  of the  local  tax map showing  tha  property on  which
              the  site  is located  in relation  to surrounding  properties;

              (5)    A  plot  plan  which  neets  the  requirements  of  Env-Ws
              (6)   A  groundwater contour  map,  consisting  of  the  plot  plan
              overlayed with  the groundwater  contours  and  showing  measured
              water  level  elevations in piezometers and monitoring wells;

              (7)   A  potential  receptors  map using  the  tax  map as  a  base
              showing:

                  a.   Street names;

                  b.   Adjacent properties;

                  c.   Adjacent and nearby buildings;

                  d.   Residences with basements;

                  e.   Surface  water bodies; and

                  f.   Water   supply  wells  within  1,000  feet  of   the   site
                  location.

              (8)  Underground  storage tank information, including:

                  a.   Date of  installation of all tanks  on site, and date of
                  removal of all tanks previously located on the  site;  -   ------
                                                                  Env-Ws 412

                                                                       42

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                       Uf AiXliMSTRATIVE  RULES
                                        OSWER Directive 9650.15
     b.   Size and construction.material of all  tanks  on site;

     c.   Substances presently and  previously stored in  all  tanks;

     d.    Tank   tightness   test  dates,  methods,  testers,   an^
     results, including data/and worksheets or  calculations;

     e.   Type and  location' of  release  detection  and  corrosion
     protection for tanks and lines; and

     f.   Type  or textural  class  of fill under  and  around tanks
     and  lines.

 (9)   A description  of all known  discharges   of  oil  and  other
 contaminants on the site including:

     a.-  Date  and  description  of  the discharge,  including   the
     quantities  lost  and   recovered,  and  the  location of   the
     discharge;

     b.  Date the discharge was reported  to the division; and

     c.  Cleanup action taken and  assessment  of offsite impacts,
     if any.

 (10)   Results  of  on-site  inspection  during  any tank removal,
 including:

     a.   Description  and  location of   any  corrosion,  visible
     leaks, or loose fittings;

     b.  The name, organization, address  and  telephone number of
     the  official  observer  such   as  the  fire  marshall,  fire
     department or division representative, present  when tank(s)
     were removed;

     c.   A  description  of  conditions  in  area  of  the  tank
     excavation  including   contaminated  soil   volumes,  odors,
     sheens, visible product, bedrock,  or tank anchors;

     d.   A description of   sampling methodology and  analytical
     field screening measurements;

     e.  Photographs of removed tanks;  and

     f.  Ultimate disposal of the tank(s) and  contaminated soil.

(11)  A list  of  previously  completed  investigations  and reports
pertinent to the site.

(12)  A summary of all governmental files reviewed.
                                                     Env-Ws 412

                                                          43

-------
                        "	        "   ""  OSWER Directive 9650.15
              (13)  A description of the geology of the site, including:

                   a.  Soil  types,  thickness, classification,  grain  size,  and
                   texture;

                   b.   Test  pit  and  boring   log  data  including  textural
                   description,  drilling Methods, odors  observed,  blow counts,
                   and water table observation; and

                   c.  Bedrock description, depth and characteristics.

              (14)   Groundwater  elevation  information  including  a  table  of
              water  level  measurements,  top  of  casing elevations relative  to
              an  assumed  datum  depth  of   water   table,   and  free   product
              thickness, if present.

              (15)   -Groundwater   quality   sampling  information,   including
              locations, dates,  sampling methodologies,  and analytical  results
              for all groundwater quality  samples obtained.

              (16)   Surface  water information,  including locations of  points
              or  seeps  within  500  feet  of  the  site where   the  groundwater
              discharges  to  surface  water,  and locations,  dates,   sampling
              methodologies,  and analytical results for  any samples  of  surface
              water suspected to be impacted.

              (17)  Conclusions  and recommendations, including:

                   a.   A  summary  description  of  the  source  or  potential
                   source(s)  of  the contamination;

                   b.  A description of the  current extent of contamination  in
                   the soil,  surface water,  groundwater,  and   the presence  of
                   vapors;

                   c.   Identification  of  potential  receptors   due   to   the
                   presence or potential migration of contaminants; and

                   d.    Recommendation*   for    further    investigation   and
                   remediative measures.

         (c)  The plot plan  required by Env-Ws 412.11(b)(5) shall be  prepared
in accordance with the following:

              (1)  The  plan  shall be  drawn  to  scale and  the  scale shall  be
              noted on the plan,  including a graphic scale bar;

              (2)  A north arrow shall be  included;

              (3)  At least  one  bench mark  shall be shown and its  elevation,
              whether  assumed  datum or   NGVD,   and  a  brief   identification
              description shall  be included; and
                                                                   Env-Ws  412

                                                                       44
                                                                                 /V

-------
                                    CODE OF ADMINISTRATIVE RULES


                               contour. „, „,  .pot

                      Buildings;            /


                      Paved areas;


                 (3)   Pr<>perty  lines;



                 (V   Above  ground  tanks and other structures;


                 (5)   Surface water bodies;
                                                        *x

                 (6)  Drainage swales;


                 V)  Flood plains;


                (8)  Areas of identified  releases;


                (9)  Areas of stressed  or  dead vegetation;


                (10)   Areas  of  stained  or  discolored soil;


                (11)   Underground tank, and associated piping;


                (12)  Former location, of underground storage tank.;


                (13)  Underground utilities;


               (14)  Subsurface drains;


               (15)  Septic  systems and dry well.;


               (16)   Soil boring, and test  pit.;


               (17)  Water supply wells; and


              (18)  Piezometers and monitoring well..



inch sheet.'?  "^ ^ fUn *** b«  **** on 8 1/2 *  U inch  „ n
                                           #4966, eff 11-2-90


          412'12

                                                                 Env-W» 412

-------
                                     Uf
                                          i« £. i\v*.-u
                                           OSWER Directive 9650.15
(b)
environment
                                                     OSWER Directve      .
               The  plan shall  provide for  protection  of human  health and the
         (c)  The  Division shall approve or disapprove  the  plan,  based upon a
determination of conformance with the following remedial action plan criteria:

              (1)  The  plan shall identify known  technologies  and alternative
              remedial   options   which •' have   the  potential   to   achieve
              contamination removal;

              (2)   The  plan   shall  provide  a  time  schedule  for  achieving
              contamination removal;

              (3)  The  plan shall identify any  special  requirements necessary
              to  prove  the technical  feasibility  of  the  proposed  remedial
              action(s);
                   The  plan  shall recommend a method(s)  for  off-site disposal
              of  contaminated  soils and/or water, if  removal  of contaminated
              materials from the site is inclusive in the plan;

              (5)   The   plan   shall  recommend  short   and   long   term  site
              monitoring requirements; and

              (6)  The  plan  shall  recommend  remediation  alternatives,  which
              incorporate  risk-based exposure  assessments as applicable,  to
              mitigate contamination impacts to receptors.

         (d)  Upon approval of  the remedial action plan by the division, based
on the criteria  in paragraph (c)  above, the responsible  party shall implement
the plan.

         (e)  The results of implementing  the  plan,  including an evaluation of
the effectiveness of  the remediation, shall be submitted  to the Division.

         (f)   Responsible   parties  may,   in   the  interest   of   minimizing
contamination and  promoting more  effective remediation, begin  remediation  of
soil,  groundwater and  surface  water   before   the  remedial  action  plan  is
approved by the Division, provided they:

              (1)  Notify the  Division in  writing  of  their intent to  begin
              remediation;

              (2)   Comply  with  any  conditions  imposed  by   the  Division
              including halting  remediation or mitigating adverse consequences
              from remediation activities;

              (3)  Incorporate  these self-initated  remediation  measures  into
              the plan that is submitted to the Division for approval; and
                                       10              ;<             Env-Ws

                                                                        46

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                   MAN nArtrinlKt, CUDt Uf  AlflUmaiKAIIVE RULES
                                                    OSWER Directive 9650.15
               (4)    Comply with the  requirements  of  all  applicable  local,
               state, and federal rules and statutes.

                                    Source..  #4966,  eff 11-2-90

     Env-Ws  412.13   Public Notification.    /

          (a)   Responsible parties  shall  notify all owners  of  property within
 100  feet  of the property  on which  the site is located, all owners of  drinking
 water  wells within  500  feet of the site, and  the  local  selectmen or mayor as
 appropriate,  regarding the nature,  extent,  and magnitude  of contamination and
 the  existence  of  threats to  public health,  welfare  and  the  environment, if
 any, and  proposed  remedial action.

          (b)   Public notification shall  be  provided upon  completion  of a  site
 investigation  report and/or  remedial action plan, completed in accordance  with
 these  rules.

          (c)   Responsible  parties   shall  report  public  notification  to  the
 Division  including  copies of  notices  sent  to  abutters  and  local  officials
 which  indicate  the manner of delivery.

          (d)   If  public  notification is  not made by  responsible parties, the
 Division  shall do  so and all  costs of   public notification shall be  paid by
 responsible parties.

                                   Source.  #4966, eff  11-2-90

    Env-Ws 412.14
         (a)   The rules  contained in  this Fart  are  intended  to  apply  to
variety  of  conditions   and   circumstances.   It  is  recognized  that  strict
compliance  with  all  rules prescribed  herein  may not  fit  every  conceivable
situation.   Responsible  parties  may  request  a  waiver  of  specific  rules
outlined in this Part in accordance with paragraph (b) below.

         (b)   All requests for  waivers  shall be  submitted in writing  to the
Division and shall include the following information:

               (1)  A  description of the facility  or site  to which  the waiver
              request relates, including the  name,  address, and identification
              number of the facility or site;

               (2)  A specific  reference to  the  section  of the rule  for which a
              waiver is being sought;

              (3)   A  full explanation of why a  waiver is  necessary  and
              demonstration of hardship caused if the rule  is adhered to;

              (4)  A  full explanation of the  alternatives for which  a waiver
              is sought, with backup data for support;  and
                                       11               <            Env-Ws 412

                                                                        47
                                                                                  IfB

-------
                                tuft or
                                                          OSWER Directive 9650.15
              (5)   A  full  explanation  of how  the  alternatives  for  which a
              waiver  sought  is  consistent with  the  intent  of RSA 146-A, would
              have  a just  result,  and  would  adequately protect  human health
              and the environment.

         (c)  The  Division  shall approve A  request for a  waiver upon  finding *
that  the  alternatives  proposed are at  {feast  equivalent   to  the requirements
contained in this rule,  they  are  adequate  to  ensure that the provisions of RSA
146-A are met, and human health and the environment are protected.

         (d)  No  waiver shall be  granted  which,  in  the  judgment   of  the
Division, contravenes the intent of any rule.

         (e)  The Division  shall issue a written  response  to a  request for a
waiver within 60 days of receipt of the request.

                                            #4966,  eff 11-2-90
                                       12                            Env-Wg  41:

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             Attachment XVI

Procedures for Planning and Implementing
 Off-Site Response Actions under CERCLA

                 5/6/85

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             UNITED STATES ENVIRONMENTAL PROTECTION
                         WASHINGTON. D.C. 20460
                           Mff   6B85                    °Fnc£CF
SOLID WASTE A\D EMEPGf^C
MEMORANDUM

SUBJECT:  Procedures for Planning and Implementing Off-site
          Response Act'i'pns
           l^ikj/- ':/' * //--<
FROM:     ,1/ack V. MaGraw'
          Acting Assistant Administrator
         v/
TO:       Regional Administrators
          Regions I-X

     This memorandum addresses procedures that must be observed
when a response action involving off-site storage, treatment or
disposal of hazardous substances is selected under the Compre-
hensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), and the Resource Conservation and Recovery Act
(RCRA).  It prohibits use of 'a RCRA facility for off-site manage-
ment of Superfund hazardous substances if it has significant
RCRA violations^' or other environmental conditions that affect
the satisfactory operation of the facility.  It also addresses
requirements for analyzing and selecting response actions that
involve permanent methods of managing hazardous substances.

     In November of 1984, amendments to the Resource Conservation
and Recovery Act were enacted.  These amendments impose new
requirements for the safe management of hazardous wastes.  In
the case of land disposal facilities, the amendments require
that certain types of units (new, replacement and lateral exten-
sions) be double lined by May 9, 1985.  The amendments impose
technical requirements to ensure that when land disposal facilities
are used they are used safely.

     EPA intends to follow the direction established by Congress
in the RCRA amendments when undertaking on-site response
  A signi fi cant violation includes a Class I violation as defined
  by the RCRA Enforcement Response Policy (December 21,  1984).
  This policy defines a Class I violation as a violation that
  results in a release or a serious threat of release of hazardous
  waste into the environment, or involves the failure to assure
  that ground water will be protected, that proper closure and
  post closure activities will be undertaken, or that hazardous
  wastes will be destined for and delivered to RCRA permitted or
  interim status facilities.  The policy contains a list of
  examples of violations which are Class I violations.   Regions
  should recognize that violations other than Class I violations
  may be significant for purposes of these procedures, depending
  on the situation at the facility.

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                               -2-
 ind when response actions involve off-site management of hazardous
 iubstances.  This memorandum details how the Agency plans to
 ichieve these goals.

     Section I of this memorandum discusses background issues.
 Section II A discusses the need to consider treatment, recycling
 and reuse before off-site land disposal is used.  Section II B
 details procedures that must be followed in selecting any off-site
 facility for management of hazardous substances.  This section
 also discusses the criteria to be used in making the selection.
 For facilities in assessment monitoring, this part states that
 conditions which lead to and result from being in assessment
 monitoring may constitute conditions that render the facility
 unsuitable for disposal of hazardous substances.  Therefore,
when a facility is in assessment, the conditions which lead to
 the required assessment, and any monitoring data, must be evalu-
 ate-d to determine if the facility poses such conditions.  .If so,
 the facility may not be used unless the owner or operator commits
 to correct the problems and the unit to be used for disposal
poses no problems.

     Section III discusses RCRA manifest requirements.  Section IV
discusses PCB disposal requirements.  Finally, Section V details
how this policy will be implemented.  Attachment A is a chart
summarizing the policy on use of off-site RCRA facilities.  Th.i s
chart should be used in conjunction with the policy document, not
in lieu of i t .

     These procedures are applicable to all response and enforce-
ment actions taken pursuant to CERCLA and section 7003 of RCRA.

     This memorandum replaces guidance entitled "Requirements for
 Selecting an Off-Site Option in a Superfund Response Action",
 dated January 28, 1983.  This policy is an interim one that the
Agency intends to publish as a notice in the Federal Register
 in order to receive public comment on its provisions.  After
 reviewing these comments EPA will determine whether revisions
 are necessary.

     These revisions strengthen previous requirements in several
ways :

     0 Coverage - This memorandum extends requirements to
       enforcement actions under §106 of CERCLA and 57003.of RCRA,
       and expands requirements for removal actions.

     " Use of Treatment - These procedures require consideration
       of treatment, recycling or reuse for all response and

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                              -3-

       enforceraent actions, to foster the use of mo.e p^rma..ent
       solutions, and, in the case of remedial actions, where
       cost-effective.  The Agency is not certain whether
       sufficient capacity is available at this time to use
       treatment in all cases where it is feasible.  As more
       information on capacity becomes available, the Agency
       will re-examine requirements for treatment to determine
       whether they can be strengthened.  The previous procedures
      'did not address use of treatment.

     e Requirements for a treatment, storage or disposal facility
       Previous guidance required inspection within 12 months
       before contract award for storage, treatment or disposal.
       The revisions require inspection within six months of
       actual storage, treatment or disposal.  It also stated
       that if a facility had deficiences that resulted in unsound
       treatment, storage or disposal practices it should not be
       used.  The guidance also required RCRA violations that
       adversely affected facility performance to be corrected
       prior to contract award.  Under the revisions, a facility
       that has significant RCRA violations or other environmental
       conditions that affect its satisfactory operation may not
       be used unless certain conditions are met.  First, there
       must be a compliance agreement in place to correct all
       deficiencies at the facility; second, the unit that is
       used must not cause or contribute to significant problems
       at the facility.  This provision recognizes that in some
       situations it is infeasible to complete correction of all
       violations.prior to using a facility (for example, it may
       •take several years before pumping and treating of ground-
       water is completed) and that there may be a unit at such
       a facility that is sound.

     0 Land Disposal Facilities - The 1984 RCRA amendments impose
       new requirements on land disposal facilities.  When use
       of such facilities is contemplated, the policy requires that
       the facility meet these minimum technical requirements.

I. BACKGROUND

    Facilities that are not in compliance with RCRA requirements
may be unacceptable to use for treatment, storage or disposal of
hazardous substances from response actions.  Facilities used for
management of substances in connection with response actions
should not pose a significant threat to public health, welfare or
the envi ronment.

    CERCLA contains two references to off-site management of
hazardous substances.  First, CERCLA section 104(c) requires, as
a condition of Fund-financed remedial response, that the State
assure the availability of an acceptable facility in compliance
with the requirements of subtitle C of RCRA for any off-site
management of hazardous substances.  Second, where remedial
measures include off-site storage, treatment, destruction or
secure disposition, the statute also requires such measures to
be more cost-effective than other remedial measures, create new
disposal capacity in compliance with Subtitle C of RCRA or be
necessary to protect public health, welfare or the environment

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                               -4-

from a present or potential risk which may be created by further
exposure to substances.  Section 300.65 (b)(6) of the National
Contingency Plan (40 CFR 300) states that when off-site action is
taken in connection with a removal action the facility used for
off-site management oust be in compliance with Subtitle C of
RCRA.  This memorandum establishes procedures for implementing
these CERCLA and NCP provisions.                   '

     These procedures apply to all removal, remedial, and enforce-
ment actions taken pursuant to CERCLA and section 7003 of RCRA.
Any other parties undertaking cleanup under other authorities
are urged to comply with these procedures.  In the case of
Superfund-financed removal actions or enforcement actions taken
as a removal action in response to an immediate and significant
threat, compliance with these procedures is mandatory unless the
On-Scene Coordinator (OSC) determines that the exigencies of the
situation require off-site treatment, storage or disposal without
following the requirements.  This exception may be used in cases
where the OSC believes that the immediacy of the threat posed .by
the substances makes it imperative to remove the substances and
there is insufficient time to observe these procedures without
endangering public health, welfare or the environment.  In such
cases, the OSC should consider, to the extent possible, temporary
solutions (e.g., interim storage) in order that the feasibility
of using treatment can be evaluated prior to a decision to use
land disposal.  Also, in such cases, the OSC must provide a
written explanation of his decision to the Regional Administrator.
This explanation should be provided within 60 days of taking
the action.  In Regions in which authority to make removal deci-
sions has not been fully delegated by the Regional Administrator,
the decisions discussed above must be made by the Regional official
that is delegated removal decision making authority.

II. PROCEDURES FOR SELECTING HAZARDOUS WASTE MANAGEMENT FACILITIES

     This section discusses in detail the requirements Regions
must follow in assessing and selecting an off-site RCRA facility
for management of Superfund hazardous substances.  Part A requires
consideration of treatment, recycling or reuse for on-site and
off-site actions in order to foster the use of more permanent
methods of managing hazardous substances.  These policies are
consistent with directions taken by Congress in the 1984 amend-
ments to the Resource Conservation and Recovery Act.   Furthermore,
Part B of this section establishes procedures Regions must use
in selecting an off-site RCRA facility for management of hazardous
substances.  Where off-site land disposal must be used, this Part
requires that disposal facilities be in compliance with the appli-
cable technical requirements of RCRA.

     A.  Treatment
      It is EPA's policy to pursue response actions that use
treatment, reuse or recycling over land disposal to the greatest

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                               -5-

extent practicable, consistent with CERCLA requirements for
cost-effective remedial actions.  EPA requires that such alterna-
tives be considered for all Fund-financed and private party
removal and remedial actions.  For Fund-financed removals or
enforced actions in response to immediate and significant threats,
treatment, reuse or recycling must be considered, unless the OSC
determines that treatment, reuse or recycling methods are not
reasonably available considering the exigencies of the situation,
or they pose a significant environmental hazard.

     When developing remedial alternatives, treatment, reuse or
recycling must be considered.  Such alternatives should not be
screened out on the basis of cost alone.  Section 300.68(h)(l) of
the NCP allows rejection of alternatives during the screening
stage based on cost, only when the cost of the alternative far
exceeds the cost of others (e.g., by an order of magnitude) and
does not provide substantially greater public health and environ-
mental benefi ts .

     Detailed analysis of these alternatives should include
consideration of long-term effectiveness of treatment and compara-
tive long and short term costs of treatment as compared to other
remedial alternatives.  Finally, when recommending and selecting
the appropriate remedial action, treatment, reuse or recycling
may be found more protective of public health and the environment
than land disposal.  Such alternatives may be recommended as the
appropriate remedial action where the detailed analysis of
alternatives shows that the alternative is more cost-effective
than others in minimizing the damage to public health, welfare
or the environment.  During the next six months, EPA will be
developing additional guidelines for evaluating the comparative
long-term costs of treatment and land disposal.

     At this time, the Agency does not know the current and
projected treatment capacity available, nor the needs or capacity
that will be required for Superfund actions in the future.  Over
the next several months, the Agency plans to undertake a study
of available treatment and interim storage capacity and needs.
Once completed, this analysis will provide information on treat-
ment facilities currently operating for Regions to use.  Additional
information on capacity will be provided at a later date through
a more comprehensive capacity survey being undertaken in support
of the implementation of the 1984 RCRA amendments.

     B. Requirements for selecting storage, treatment or disposal
        facilities

     Selection of an appropriate facility for off-site management
of hazardous substances requires that a judgment be made as
to the overall acceptability of the facility to receive the
substances and the acceptability of the unit that will receive
the hazardous substances.  In making this judgment the following
steps must be observed:

     1. The owner or operator of any hazardous waste management
facility under consideration for off-site storage, treatment or

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                                -6-

actions under CERCLA or section 7003 of RCRA must have an applic-
able RCRA permit or interim status.2

     2. A RCRA compliance inspection must be performed at any
hazardous waste management facility before it can receive hazardous
substances from a response action.  This inspection must assess
whether there are any significant violations or other environmental
conditions' that affect the satisfactory operation of the facility.
The RCRA compliance inspection must have taken place not more than
six months prior to the storage, treatment or disposal of the
hazardous substances from a response action.  If the inspection
has not taken place or is not scheduled, REM/FIT contractor
personnel may conduct the inspection under the direction of the
Deputy Project Officer, working in cooperation with RCRA Regional
personnel.  If Regions use contractor personnel, the Region should
ensure that such personnel are adequately trained to conduct
inspections.  Further guidance on conducting inspections when a
facility is being considered for management of hazardous substances
will be issued in the near future.  The FY 85 and FY 86 RCRA Imple-
mentation Plans establish compliance monitoring and enforcement
targets.  For FY 85 the guidance requires Comprehensive Ground-
Water Monitoring Evaluations (CGMEs) at one third of the ground
water monitoring facilities.  Top priorities for this type of
inspection are all facilities receiving wastes from Superfund
sites.

     In States with Phase I or II interim authorization or final
authorization,.the inspection should -b'e conducted -in accordance
with State 'regulations or permit conditions.  "EPA Regions
should always involve States when undertaking an inspection
at a RCRA facility that is likely to accept Superfund wastes.

     Regions must use the results from the inspection, along
with other information, to determine whether the facility is an
acceptable one.
  Both permitsand interim status apply to specific wastes and
  specific storage, treatment or disposal processes.  The Remedial
  Project Manager (RPM) or OSC must determine that the facility's
  permit or interim status includes the wastes that would be
  transported to the facility and the type of process for which
  wastes are being taken to the facility.  Because of these
  concerns, it is important that facility selection be coordinated
  with RCRA personnel.  However, not all CERCLA substances are
  hazardous wastes under RCRA.  Therefore, it is possible that a
  particular permit may not cover a hazardous substance that may
  be taken to the RCRA facility if it is not a hazardous waste.
  Moreover, in some situations a hazardous substance under CERCLA
  may trigger disposal requirements under other laws (for example,
  PCBs and some radioactive substances).  In such cases the
  applicable requirements of these other laws must be observed.

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                                 -7-

      3.  It  is  EPA's  policy to minimize the  use of  land disposal  in
 accordance  with the  direction taken by Congress in amending RCRA.
 Where land  disposal  is  used,  these amendments  establish new tech-
 nical standards for  land disposal  facilities.   New disposal units,
 lateral  expansions  and  replacement units  (defined  as  of November 8,
 1984) of interim status landfills  and surface  impoundments  oust
 have  at  least  two liners and  a leachate detection, collection
 and  removal  system  above (in  the case of  landfills) and between
 the  liners,  if they  receive wastes after  May  8, 1985.   All  Fund-
 financed and enforced  response actions (removal and remedial)
 involving the  off-site  disposal  of hazardous  substances must involve
 use  of disposal facilities that  are in compliance  with applicable
 RCRA  minimum technical  reqiurement s .   This  means that  units first
 receiving wastes after  November  8, 1984 cannot receive wastes
 after May 8,  1985 if not double  lined.  The RCRA statute does
 allow continued use  of  existing  units after that date.  In  consider-
 ing whether  to use  an  existing unit that  does  not  meet the  double
 liner requirements,  the Agency will consider  the toxicity,  persis-
 tence and mobility  of  the hazardous substances and the ne.ed to
 segregate these substances from  others.  Such  a unit  can be
 used  only if  it is  shown to adequately protect public  health and
 the envi ronment .

      CERCLA  hazardous  substances which are  not hazardous wastes
 under RCRA  may, in  some circumstances, be disposed of  in other
 legal units.   In such  cases,  disposal should  take  place in  accordance
•wi th  '-other " 1 egal requirements.   Hazardous substances which  are not
 hazardous wastes may be .-taken to a RCRA unit  under the terms out-
 lined in the  preceeding paragraph, or to  a  unit legal  under other
 statutory provisions (for example, PCBs may be disposed of  in a
 TSCA  approved  disposal  facility  and radiocative materials in a
 radioactive  materials  disposal  facility).  This disposal must be
 consistent  with Section 104(c)(3)  of  CERCLA,  when  applicable.

      4.  Interim status  land disposal  facilities under  considera-
 tion  for off-site disposal must  have  adequate  ground water
 monitoring  data to  assess whether  the facility poses a threat to
 ground water. 3 Due  to  the lack of  compliance  with  RCRA ground
 water requirements,  available data may not  be  adequate to assess
 the  facility.   Moreover, lack of evidence of  contamination  fror.
 the monitoring data  does not  necessarily  mean  the  facility  is
 secure.   The  monitoring data  may be faulty.   In addition, there
 may be other  problems  at the  facility such  as  air  emissions or
 surface  run-off. Where doubt exists  concerning the acceptability
 of a  facility, an on-site inspection  should be undertaken to
 specifically  address these concerns.   Where possible,  this
 on-site  inspection  should be  part  of  the  required  RCRA compliance
 inspection.
   All  remai ni ng  land  disposal  permit  applications  will  be
   requested  in FY  1985.   These  applications  contain  summaries
   of  ground  water  monitoring  data  obtained during  the  interim
   status  period,  and  are  required  to  identify  any  plume
   cont aminat i on .

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                                 •8-
     5. Using information gathered from the compliance inspection,
other data sources (e.g., RCRA facility permit data), any other
facility visits and all other relevant information, Regional
Offices must evaluate and make a judgment on the acceptability of
using the facility for storage, treatment or disposal of hazardous
substances.  For the facility as a whole, this evaluation should
consider whether there are any RCRA violations or other environ-
mental conditions^ at the facility which affect its satisfactory
operation.  This evaluation should include consideration of
facility operations as well as whether there are physi cal, condi -
tions at the facility that pose a significant threat to public
health, welfare or the environment.  For facilities in assessment
monitoring, the conditions which lead to required assessment
monitoring, as well as resulting monitoring data, must be evaluated
The evaluation also should consider the nature and quantity of the
substances and whether it is feasible to treat the substances prior
to land dis'posal to mitigate any adverse effects.

     No Superfund hazardous substances shall be taken off-site to
a RCRA facility if the Region determines that the facility has
significant RCRA violations or other environmental conditions that
affect the satisfactory operation of the facility, unless
both the following conditions are met:

    - (1)  The owner or operator must commit, through an enforce-
          able agreement (i.e., consent order or decree), to
          correct the ptoblem.  The agreement must be signed •
          before the facility may receive the hazardous
          substances.  In addition, the Regional Administrator
          must determine that the agreement is likely to result
          in correction of the problem and the owner or operator
          of the facility is capable of compliance with the terms
          of the agreement; and

     (2)  Disposal only occurs within the facility at a new or
          existing unit that is in compliance with RCRA require-
          ments.  The new or existing unit must not contribute
          in any significant way to adverse conditions at the
          facility.

III. MANIFEST REQUIREMENTS

     If an off-site option is chosen, a manifest for the transpor-
tation of the hazardous waste must be obtained.  The manifest must
  It Is recogni zed that the RCRA regulations may not at this
  time cover all environmental conditions at a facility.   Regional
  offices may consider other environmental factors at a facility
  under consideration Including other State and/or Federal
  environmental laws.  If a facility is in assessment monitor-
  ing, the conditions which lead to assessment monitoring may
  constitute environmental conditions that adversely affect
  facility operations.  In such cases,  Regions should assess the
  conditions at the facility prior to using the facility  for
  Superfund purposes.

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                               -9-

be in compliance with RCRA  for the transportation of hazardous
wastes.  The manifest must be a Uniform Hazardous Waste Manifest
in compliance with requirements at 40 CFR 262 (see 49 FR 10490,
March 20, 1984).  The lead agency or other party undertaking
the cleanup oust ensure that the transporter properly notifies
under RCRA section 3010.  Where the lead agency allows contractors
to fill out the manifest, the agency should ensure that the
manifest is properly filed.

IV.  PCB DISPOSAL REQUIREMENTS

     Requirements for the disposal of PCBs are established in
40 CFR 761.60.  Generally, these regulations require that whenever
disposal of PCBs are undertaken, they must be incinerated, unless
the concentrations are less than 50 ppm.  If the concentrations
are between 50 and 500 ppm, the rule provides for' certain excep-
tions that provide alternatives to the incineration requirements.
The principal alternative is disposal in an EPA approved landfill
for PCBs.  Landfills used for PCB disposal must be inspected
within six months prior to disposal.  Regions must determine the
acceptability of the facility based on the same- criteria used to
evaluate RCRA facilities in Section II. B.5.

V. IMPLEMENTATION

     Beginning (30 days from date this document is signed) all
Records of Decision (RODs) and Enforcement Decision Documents
(EDDs) for Superfund-1ead and enforcement lead actions, respec-
tively, must include a discussion of compliance with these pro-
cedures for alternatives involving off-site management of Superfund
hazardous substances at RCRA facilities.  Decision documents for
removal actions also should include discussion of compliance with
these procedures.  It is recognized that actual offsite facility
information will not be available at the ROD stage.  However, the
RI and FS should use actual off-site facilities in costing remedial
alternatives, In order to have cost figures that are as accurate
as possible.'  It is recognized that additional facilities are
likely to be considered during the bidding process.  Any facility
ultimately selected for disposal, treatment or storage must meet
the requirements of this policy.

     Provisions requiring compliance with these procedures must be
included in any contracts for response, cooperative agreements
with States undertaking Superfund response and all enforcement
agreements.  For ongoing projects, these provisions will be
implemented as follows:

     RI/FS: The Regions shall immediately notify Agency contractors
            and States that 1) alternatives for off-site management
            of wastes must be evaluated pursuant to the provisions
            of this policy, and 2) consistent with the policy on
            other environmental laws, treatment alternatives
            should not be dropped during the screening stage.

     RD:    The Regions shall Immediately notify Agency contractors,
            the States, and the U.S. Army Corps of Engineers that

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                all remedies chat  include off-site  disposal  of  hazardous
                substances must comply with the provisions  of  this
                policy pertaining  to selection of  an acceptable o.ff-site
                facility.

         RA:     The Regions shall  immediately assess the  compliance
                status of  land  disposal facilities  receiving hazardous
                wastes from ongoing  projects.  For  a facility  not  in
                compliance, the Region should take  immediate steps
                to bring the facility into compliance with  the  policy.

Enforcement:     Actions currently  under negotiation and all  future
                actions must comply  with these procedures.   Existing
                agreements need not  be amended.  However,  EPA reserves
                the right  to apply these procedures to existing
                agreements, to  the extent it  is  consistent  with -the
                release and reopener clauses  in  the settlement  agree-
                ment  (See  the  Interim CERCLA  Settlement Policy, Part
                VII;  Thomas,  Price,  Habicht;  December 5,  1984).

         If the response action is proceeding under a Federal-lead,
    the Regions should work with the Corps of Engineers or  EPA
    Contracts  Officer to negotiate a contracts modification  to  an
    existing  contract, if  necessary.  If the  response action is
    proceeding under  a State-lead, the Regions should amend  the
    cooperative agreement.   Exceptions for existing contracts  and
    cooperative agreements  may  be  allowed on  a case-by-case  basis  •
    by  the  appropriate Headquarters  Office Director.

         All  Regions  must  adopt procedures to implement and  continual-
    ly  monitor compliance  with  these requirements.   The procedures
    must  include designation of a  management  official who is respon-
    sible for  providing information  on RCRA facilities in the  Region
    to  other  Regions.   It  is  the responsibility  of  the Region  in
    which the  RCRA offsite  facility  is located to  assess  the accept-
    ability of the facility in  consultation with the Region  planning to
    ship  wastes to the facility.  The names of these officials  should
    be  provided to the Office  of Waste Programs  Enforcement  by  May
    21,  1985.   These  names  will then be forwarded  to all  Regions.
    If  you  have any questions  concerning these procedures,  please
    contact Sylvia K.   Lowrance (FTS 382-4812).

    Attachments

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