United States
Environmental Protection
Agency
Region VIII EPA 908-K-96-001
Underground Storage December 1996
Tank Program
'ground Storage
"Qgram
in Indpn Country
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TABLE OF CONTENTS
Introduction
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Compliance 7
Corrective Action 17
Tank Closure .27
Enforcement 25
Appendices Back Pocket
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Introduction
The U.S. Environmental
Protection Agency (EPA) is
responsible for implementing a
regulatory program for under-
ground storage tanks (USTs)
nationwide. The EPA regional
office in Denver, Colorado per-
forms this responsibility in
Colorado, Montana, North
Dakota, South Dakota, Utah
and Wyoming, which together
make up EPA Region VIII.
Although EPA will delegate
responsibility for implementing
the UST program to each state,
facilities located within the
boundaries of an Indian
Reservation will remain under
federal jurisdiction.
You have been sent this book-
let because your facility is
located within the boundaries
of an Indian Reservation in
Region VIII. It describes the
EPA program that applies to
all federally regulated UST
systems.
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What are you talking about?
EPA has developed a regulatory program that
covers many of the nation's USTs, where an
"UST" is any tank, including underground
piping connected to the tank, that has at least
the UST program. Also, if your tank holds
1,100 gallons or less of motor fuel used for
non-commercial purposes and is on a farm or
residence, it is not regulated by EPA. But, if
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10 percent of its total volume underground.
Under this definition, some storage tanks
that are located abovegrouncl may be regu-
lated by the UST program if they have
underground piping that accounts for 10
percent or more of the total volume of the
UST system (tank and piping).
The program only regulates USTs that hold
petroleum and certain hazardous substances.
As a general rule, all such USTs over 110 gal-
lons at commercial facilities and at federal,
state, and county facilities are regulated.
However, if your tank holds heating oil or
diesel used for heating it is not regulated under
your farm or residence petroleum tank is over
1,100 gallons, it is regulated and must comply
\vith the requirements of the UST program. A
more complete list of the kinds of tanks that
are not covered by the UST program is provid-
ed on page 9 in the next section of this booklet.
Key goals of the UST program are to prevent
leaks and spills from USTs and to find and
properly correct problems created by leaks
and spills as quickly as possible. Regulation
of USTs will help in the protection of our
drinking water resources — something every-
one is interested in protecting. This booklet
will provide you with a general understand-
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ing of the regulatory program EPA has
developed to achieve these goals. It will
also provide you with an understanding of
the activities you — the tank owner or
operator — must perform to be in compli-
ance with the UST regulations. A complete
description of the federal UST regulations
can he found in Part 280 of Volume 40 of
the Code of Federal Regulations (40 CFR
Part 280). You can get a copy of the regu-
lations by calling the EPA regional office in
Denver at 1-800-227-8917.
The remainder of this booklet is organized
into four sections:
I) Compliance (what you are required to
do to operate an UST)
2) Corrective Action (what you are
required to do to correct problems.
caused by leaks)
3) Tank Closure (what you are required
to do to properly get rid of your tank)
4) Enforcement (what happens if you
don't do u'hat you are required to do)
A series of appendices are included in the back
pocket of this booklet. Included is a list of
available materials specific to the UST pro-
gram. If you want further information on any
topic in this booklet, please consult the list
and select those materials that you feel will fit
your needs. The EPA regional office has some
of these materials on file, free of charge, or
can tell you how to obtain your selections.
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Compliance
There are some activities that all
underground storage tank owners
and operators must perform to be in
compliance with the federal regula-
tions. Most of these activities focus
on preventing UST systems from
leaking. Prevention is important
because when a leak occurs, it is
expensive to clean up, and some sites
may never be as clean as they once
were. Also, since groundwater is
being used more and more as a
source of drinking water, we must
protect it from contaminants. The
other activities focus on finding leaks
and spills quickly, verifying the com-
pliance status of USTs, and making
sure that owners and operators can
pay for correcting the problems cre-
ated if their USTs leak.
Additional important activities own-
ers and operators may need to per-
form to be in compliance with the
regulations are those dealing with
correcting problems from leaking
USTs and tank closure. These activi-
ties are described in the next two
sections of this booklet.
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What do I have to do?
Compliance activities that
all owners and operators
of UST systems must
perform include:
• Tank. Notification
• Proper Installation
• Leak Detection
• UST System Upgrade
• Recordkeeping
• Financial Responsibility
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Tank Notification
Under the UST regulations, the federal UST
office must be notified of the existence of regu-
lated USTs. If you have not done so already,
you must send a completed notification form to
the EPA Region VIII office if you own or oper-
ate any tank over 110 gallons that holds petro-
leum or a hazardous substance and that is still
in use or has been used since January 1, 1974.
There are some exceptions, however, including
the following:
I
Septic tanks
• Farm and residential tanks holding 1,100
gallons or less of motor fuel used for
non-commercial purposes
• Heating oil tanks
• Storage tanks situated in a basement,
cellar or vault
These tanks are not covered by the regulations,
so no notification of them is necessary. If you
arc unsure whether you need to notify EPA of
the existence of your tank, please call the agency
at 1-800-227-8917, or consult the federal
regulations for a complete listing of tanks that
are not covered by the regulations.
A notification form is included in an appendix in
the back pocket of this booklet. You can get addi-
tional forms by calling EPA at the number above.
Remember, if you are the tank owner, it is your
responsibility to notify EPA of any UST, and
any changes to a notification previously submit-
ted to EPA. Eor any new UST you install, you
must submit a completed notification form ro
the EPA UST office within 30 Jays of bringing
the tank system into use. You wilt be in viola-
tion of federal regulations if you clo not notify
the EPA UST office.
From time to time, EPA may ask you to fill our
a new notification Form so the agrncy can
update its tank files.
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Proper Installation
All tanks and piping must be installed accord-
ing to industry codes and manufacturers'
instructions. You can find practices and pro-
cedures for properly installing tanks and pip-
ing in the following codes: The American
Petroleum Institute Publication 1615,
"Installation of Underground Petroleum
Storage Systems;" Petroleum Equipment
Institute Publication RP 100, "Recommended
Practices for Installation of Underground
Liquid Storage Systems;" and American
National Standards Institute Standard B31.3,
"Petroleum Refinery Piping". You can get
copies ot these codes by contacting the vari-
ous associations' offices, addresses for which
are provided in the appendix.
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For any UST system installed after December
I 988, you must certify on a notification form that
one or more of the following methods has been
used to ensure proper installation:
/) The installer has been certified by the
tank and piping manufacturers.
2} The installation has been inspected and
certified by a registered professional engi-
neer with education and experience in
UST system installation.
3) The installation has been inspected and/or
approved by the federal UST office.
4) All work listed in the manufacturer's
installation checklist has been completed.
You can get this notification form from your
tank installer or by calling the EPA
UST office. (See page 9 for more
information on tank notification
requirements.)
In addition, all tanks and piping
installed after December 1988 must
meet certain standards for leak
detection, corrosion protection, spill
and overfill prevention, and design
and construction. These standards
are described on pages 10-13 of this
section.
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Leak Detection
Everybody with a regulated UST should be peri-
odically checking their tanks and piping for
leaks. Detecting leaks early is one of the best
ways of keeping tank and piping leaks from
growing and getting expensive to correct. How
frequently tanks and piping
' need to be checked for leaks
depends on the leak detection
method or methods used.
If you have not done so already,
you should select a leak detec-
tion method that fits your facili-
ty (including the age and condi-
tion of each UST system) and
your capability, and start using
it immediately. You can get
information on approved leak
detection methods for tanks and
piping, as well as on selecting
and properly using them, from
EPA — free of charge.
Detecting Leaks from Tanks
You must use at least one of the following eight
leak detection methods (be aware that some may
be used only for a limited period of time):
• Inventory control with tank tightness test-
ing. This method involves taking daily
stick readings of the product level and com-
piling them with fuel withdrawal and deliv-
ery figures to arrive at a monthly invent<>ry.
Inventories for consecutive months arc rec-
onciled manually to detect a possible leak.
In addition, the tightness of the tank must
he tested periodically. This method can only
he used for I 0 years after upgrade.
• Manual tank gauging (only for tanks up
to 1,000 gallons). This method involves
taking weekly stick readings before and
after periods of at least 36 hours when
no product is put in or taken out of the
tank. Variations between the readings
are then compared to weekly and month-
ly standards to detect a possible leak.
Manual tank gauging with tank tightness
testing (only for tanks 1,001 gallons up to
2,000 gallons). This method combines
the manual tank gauging method described
above with periodic tank tightness testing.
This method can only he used for 10
years after upgrade.
Automatic tank gauging. This method
involves using an electronic device to
continuously monitor the level of product
in the tiink and to perform monthly
inventory tests to determine ivhether the
tank is losing product,
Groundwater monitoring. I'liis method
involves monthly testing or monitoring of
the groundivater near an UST for
released product through one or more
monitoring wefts at the UST site.
Vapor monitoring. This method involves
monthly testing or monitoring of the soil
gas surrounding the UST for product
vapors through one or more monitoring
wells at the UST site.
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Interstitial monitoring. This method
involves using an electronic device or
other testing method to measure for
product or product vapors in the space
between the two walls of a double-walled
tank on a monthly basis.
Statistical inventory reconciliation. This
method involves taking daily stick read-
ings of the product level and keeping com-
plete records of all fuel withdrawals and
deliveries. These data are provided to a
vendor, usually monthly, who uses com-
puter software to statistically analyze them
and determine
whether a leak
may exist.
You must ensure
that whatever
method you
select meets the
performance
requirements
established for it.
Detecting Leaks from Piping
If you have suction piping, you may use one of
the following four leak detection methods
noted above for tanks:
• Groundwater monitoring
• Vapor monitoring
• Interstitial monitoring
• Statistical inventory reconciliation
Alternatively, you must perform a precision line
tightness test on the piping every 3 years to meet
the leak detection requirement.
In a few cases, leak detection may not be
required on suction piping. To find out if your
facility does not need leak detection on its suc-
tion piping, call the EPA.
If you have pressurized piping, you must either
conduct an annual tightness test of the piping or
use one of the four leak detection methods
noted above for suction piping. In addition,
you must ensure that the piping has an auto-
matic flow restrictor, an automatic shutoff
device, or an alarm system that will sound if a
leak is detected.
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UST System Upgrade
All tanks and piping must
meet certain performance
standards by December 23,
1998. These standards
address corrosion protection,
spill and overfill prevention,
and, for new tanks, design
and construction. If you own
or operate an UST system
installed after December 23,
1988 (your UST is considered
"new"), that system should have met these stan-
dards upon installation. If your tank system
was installed before December 2.3, 1988, you
have until December 23, 1998 to upgrade your
tank to meet these standards.
Corrosion Protection
Corrosion is a major cause of leaks from
unprotected steel tanks and piping that are in
contact with the ground. If your tank is made
of unprotected steel, you must protect it from
corrosion by doing one of the following:
• Installing a cathodic protection
system designed by a corrosion expert
• Installing an interior lining in the tank
• Installing a cathodic protection system
and an interior lining
• Replacing the tank
If your piping is made of steel, you must either
cathodically protect it or replace it. Once you
have a cathodic protection system installed, you
will need to have your UST system inspected
periodically to make sure it remains protected
against corrosion.
Spill and Overfill Prevention
The UST regulations require the use of equip-
ment to prevent releases caused by spills and
overfills during tank filling from harming the
environment. However, if your LIST system is
filled only by transfers of no more than 25 gal-
lons at one time, you do not need to install
spill or overfill prevention equipment. Most
used oil tanks will qualify for this exclusion.
The most common spill prevention equipment
is a plastic spill bucket sealed around the fill
pipe. This bucket or catchment basin must
hold at least 5 gallons, or be big enough to
contain any product that might drain out of
the delivery hose at rime of fuel delivery.
Common types of overfill prevention equip-
ment include a ball float valve installed in the
tank at the vent line opening and a butterfly
valve installed in the fill pipe. Other types of
overfill equipment are automatic and will set
off an alarm when the tank is 90 percent full.
Design and Construction
New tanks and piping must be properly
designed and constructed according to indus-
try codes. Codes that may be used to meet
this requirement can be found in the federal
UST regulations. You will need to confirm
with your tank and piping vendors or manu-
facturers that acceptable codes were used.
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Recordkeeping
Records niusr he kept to prove that your facility
meets certain UST requirements. These include
records documenting installation, leak detection,
repair, maintenance, upgrade and closure activi-
ties at your tank facility. The following list
identifies what records you must keep and for
how long. As a general rule, you should keep
all facility records for as long as possible.
t)etec-hor\
Corrosion Tests
Records you must keep for one year
• Results of sampling, testing and monitoring
for leak detection, including the most recent
tank tightness test
• Documentation of cali-
bration, maintenance
and repair work on leak
detection equipment
permanently located on
site that was completed
in the past year
Records you must keep for
three years
• Results of the site
assessment performed
for tank closure
• Test results of the
cathodic protection sys-
tem. In addition, with
an impressed current
system, the rectifier out-
put must be document-
ed every sixty days and
Records you must keep for the life of the UST
system
• Information on the installation of the
UST system and its components, includ-
ing site plans, contractor information,
invoices for equipment installed, and all
materials front the manufacturers
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• Records of UST system maintenance,
excluding corrosion protection tests
• Documentation of repairs on tanks and
piping, excluding release detection equip-
ment
this documentation maintained for three years.
Records you must keep for five years
* Written performance claims for any
release detection system used and
documentation on the manner in which
these claims have been justified or tested
by the equipment manufacturer
You do riot have to keep these records at the UST facil-
ity. However, all records must be readily accessible
within a "reasonable" amount of time. In EPA Region
VIII, this is interpreted to mean within 4 working days.
You may keep the records in a computer as long as a
paper copy of any particular record can be produced.
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Financial Responsibility
All owners and operators of regulated petrole-
um USTs must ensure that there will be money
to help pay for the costs of corrective action
and any bodily injury or property damage
caused by leaks from their tanks. The amount
of money you are responsible for depends on
the type of business you operate, the amount of
product your facility handles per month, and
the number of tanks you have.
As of December 1993, unless you are an Indian
Tribe in compliance with the technical regula-
tions, you must be able to show that at least $1
million would be available during any particu-
lar year to cover the costs of leaks or spills
from any USTs you own or operate. Indian
Tribes that own USTs on Indian lands and are
in compliance with the regulations, must meet
this requirement by December 1998.
You may show that you have this coverage by
using a letter of credit, a surety bond, a guaran-
tee, a trust fund, or insurance from a private
insurer or risk retention group, or, if you quali-
fy, by self-insuring. You may be able to use
your state's fund to satisfy all or part of this
requirement. Check with your state fund office
to find out if and for how much you qualify. A
list of state fund offices in Region VIII is in an
appendix in the back cover of this booklet.
For more information on the LIST financial
responsibility requirements and ways to nicer
them please call EPA.
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Corrective
Action
Leaks and spills are
costly! Not only
because of the cost of
the product lost, but
also because of the
cost of correcting
problems they create.
These costs can run
into millions of dollars,
especially if drinking
water is contaminated.
The sooner you take
action to stop and
clean up leaks and
spills, the better your
pocketbook will feel.
And remember,
responding to leaks
and spills is required
by law.
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"Am I in trouble if my tank leaks?
it
It is not a crime for your UST system to leak.
However, you will be in violation of the UST reg-
ulations if you know or suspect your tank is leak-
ing and do not notify EPA immediately as well as
take action to do something about it.
Warning signs of a leak include equipment alarms
sounding, unexplained gain or loss of product
inventory for two consecutive months, product or
vapors in monitoring wells, reports of vapors in
basements of nearby buildings, petroleum sheen or
product on nearby surface waters, and a change in
the amount of water normally found in the tank.
Responding to a Suspected Leak
Any time you think you may have a leak, you
need to immediately check the equipment that is
part of your UST system or its leak detection sys-
tem to determine whether it is working properly.
If, after immediately checking and repairing or
replacing any equipment, warning signs of a leak
still exist, then you must take the following
actions:
• Report the signs of the suspected leak to
the federal UST office within 24 hours.
• Conduct tightness tests of the entire UST
system and, if necessary, a site check within
7 days.
If tightness tests indicate a leak, you
must repair, upgrade or close the
UST system. You also must con-
duct a site check, which involves
investigating the site for the pres-
ence of contamination and evidence
of environmental damage from your
UST system. If results of the site
check indicate a leak, then you will
need to take the actions described
below for responding to a con-
firmed leak. Even if tightness tests
do not indicate a leak, you still
must conduct a site check if evi-
dence of leaked petroleum at or
near your site was your reason for
suspecting a leak.
If a spill or overfill has occurred at
your facility, you must contain it
and clean it up immediately. You
also must report it to EPA within
24 hours if it is over 25 gallons or
causes a sheen on nearby surface
water, such as a river, stream, pool,
or pond.
Responding to a Confirmed Leak
Once you know you have a leak,
you must tell EPA within 24 hours.
You must also take a number of
other actions:
• Stop and contain the leak or spill immedi-
ately, including emptying the UST system.
• Make sure the leak poses no immediate
hazards to human health by removing
explosive vapors and fire hazards.
• Look for the presence of contamination
and begin to recover leaked product.
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• Investigate the site and sur-
rounding area to find out
how far the leaked product
has moved.
• Prepare a plan for cleaning
up the site.
It is a good idea to get expert help
in investigating the site, determin-
ing the best way to clean it up, and
writing the cleanup plan. You may
want to contact a reliable consult-
ing or environmental firm once you
know you have a leak.
EPA will be working with you to
get your site cleaned up as soon as
possible, too. The agency will be
directly involved in all major deci-
sions about the cleanup of your
site. EPA will review your cleanup
plan within a reasonable amount of time and
either accept it as is, recommend changes to it, or
request more information.
Getting Help from the State
Each of the states in Region VIII has a fund to
help owners and operators pay for cleaning up
leaks from their UST systems. There are some
restrictions on getting assistance from these
funds. Compliance with your state's LIST
requirements is usually the most important
restriction.
If you intend to get help in paying for your
cleanup from your state's fund, you will have to
satisfy the state's UST requirements and those of
the federal UST program. Although the require-
ments may be different, they do not contradict
each other. EPA will work with your state UST
office and with you to help ensure that both the
state's and the federal UST program's require-
ments are met at vour site.
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Tank
Closure
Properly closing USTs
is good tank manage-
ment. It's also good
for the reservation
community, and the
environment.
You must notify
EPA at least 30 days
before you intend to
permanently close an
UST. You can do this
by simply calling
EPA. Once you
notify EPA, you will
be sent information
you need to know to
close your tank
properly. Included
will be fact sheets
telling you how to
safely remove a tank
and what site sampling
and testing is required.
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'How do I get rid of my tank?'1
To get rid of your UST, or close it permanently, you
must meet certain requirements, in addition to noti-
fying the EPA:
• You must determine if any leaks from your
tank have damaged the surrounding environ-
For more information on these requirements and
the exceptions to them, contact the EPA.
If you suspect or know of a leak at your site and
intend to get help paying for any cleanup from
ment. To do this, you must conduct a site
assessment (similar to the site check conduct-
ed to confirm a leak). The site assessment
will show if the tank leaked in the past and,
if it had, how much cleanup you will have to
perform.
must either remove the UST from the
ground, or leave it in the ground and fill it
with a harmless, chemically inactive solid
material, like sand. In either case, the tank
fiiust be emptied and cleaned of all liquids,
sludges, and dangerous vapors following
standard 'safety practices.
your stare's fund, you may also need to notify the
state of your upcoming tank closure and coordi-
nate with the state UST office. EPA will not notify
the state for you.
After receiving notification of your tank closure,
EPA will decide if it will send an inspector to attend
the closure. EPA's policy is to send an inspector to
every tank closure if possible.
Having an EPA inspector on site during tank clo-
sure may save you money. The inspector can
decide if the site is clean enough to close with no
further action. If so, you may not have to pay to
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have soil samples analyzed at a lab. If the site is
contaminated, the inspector can explain what the
next steps are and discuss what options are open
to you. EPA's policy is to keep cleanup costs down
whenever possible and still protect the environ-
ment. Coordinating early with the EPA UST office
will increase your chances of having an UST
inspector on site during your closure.
If you meet certain requirements, you can close
your UST temporarily rather than permanently.
Any UST not used for 3 to 12 months must meet
temporary closure requiremenrs. Call EPA to discuss
what you need to do to close your tank temporarily.
If you are planning on temporarily closing a tank
for 12 months or longer, call EPA for details of the
requirements you must meet.
Closing a tank is very dangerous work. Please
consider working with an experienced contractor
during the tank removal process.
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Enforcement
The federal UST program was
developed to protect human
health and the environment. All
owners and operators of regulat-
ed USTs are expected to do their
best to comply with its require-
ments, including those for cor-
rective action and tank closure.
EPA knows that many owners
and operators willingly comply
with the UST program's require-
ments. However, EPA is legally
responsible to ensure that all
regulated USTs are in compli-
ance. EPA performs this duty
by inspecting UST facilities and,
when necessary, using enforce-
ment. Enforcement is a process
for deterring owners and opera-
tors from ignoring UST program
requirements, assessing penalties
to those who do not comply
with them, and returning out-of-
compliance facilities to compli-
ance as quickly as possible.
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'What wffl happen if I'm not in compliance?"
If your tank system is not in compliance with the fed-
eral LIST program's requirements, you have committed
a violation and any number of actions may be taken
by EPA to ensure it is corrected. You may call EPA to
discuss enforcement actions at any time.
The action taken by EPA in response to a violation
depends on a number of factors, including the serious-
ness of the violation and your willingness to correct it.
For a minor violation, you may
be issued a field citation on
site. Minor violations include
failure to keep adequate
records, failure to maintain
equipment in good operating
condition, and failure to regu-
larly conduct leak detection
activities. A field citation for a
minor violation means penal-
tics ranging from $50 to S3 00,
and you may be issued up
$1,500 in penalties for multi-
ple minor violations.
For a major violation, you will
be issued an administrative
order with penalties. Major
violations include failure to
report a release, failure to con-
duct leak detection activities,
and failure to notify of a tank
closure. Penalties for major
violations are considerably
higher than those for minor
violations, and are mailed to
the facility owner.
If you fail to correct any violation, additional and
more severe action will be taken.
Most violations are found through compliance
inspections. EPA selects facilities for inspection
based on several factors, including the facility loca-
tion, leak detection method used, and site history. If
your facility has not been inspected yet, you can
expect it to be at some time in the near future. EPA's
goal is to have each UST facility located on an
Indian Reservation in Region VIII inspected at least
once every 5 years.
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EPA tries to reach each facility by telephone at least
4 working days prior to the inspection. At that time,
a specific date and time will be scheduled. The facili-
ty owner will be told what records to have available
for the inspector. There will be times when the 4-day
notice is not possible. Although unannounced
inspections can occur, they are uncommon.
What to Expect If Your Facility is Inspected
You can expect the inspector to look at your UST
equipment and records:
• Leak detection equipment will be looked at to
see if all equipment required by regulation is
present, operational, and in good condition.
* Spill and overfill equipment will be looked at to
see if it is in proper working order.
• Records of leak detection activity, any corro-
sion protection, and any repairs to your UST
system will be looked at to see if they are com-
plete and properly kept and to see the history
of your system.
If you have kept all the required records and have
them on hand, the inspection will take about an hour.
At the end of" the inspection, the inspector will discuss
the results with you, including any violations discov-
ered. If you had any violations, the inspector will
explain any enforcement actions to be taken and
ensure that you understand what you need to do to
return your facility to compliance.
Please remember, EPA's mission is to protect the envi-
ronment. Keeping your tank system in compliance is a
step in the right direction.
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APPENDICES
Appendix! ....................... List of UST Documents and Materials
Appendix 2 [[[ Notification Form
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the Ute Mountain
ROSEBUD
RESERVATION
TRIBAL PERMIT REQUIRED
TO HUNT OR FISH
Environmental
Protection
Department
964-6559
WELCG..H. ro
THE STANDING ROCK NATION
good core o/
I the land, your family I
and your life.
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