United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
1 ¦ .MMm
©trW
DIRECTIVE NUMBER:
9650.15
TITLE:
Procedures And Requirements For
Codification Of Approved State UST
Programs
DATE:
September 1994
ORIGINATING OFFICE:
OSWER
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
-------
Table of Contents
I. Background 1
II. Steps in the Codification Process 4
III. Legally Enforceable Statutes and Regulations 7
IV. Quality Guidelines for Incorporation by Reference of State Statutes and Regulations 8
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
OSWER Directive 9650.15 ii
-------
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 relied 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.
OSWER Directive 9650.15
111
-------
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 the 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.
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 responsibility with respect to
requirements of 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.
OSWER Directive 9650.15
1
-------
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. § 281.12(a)(3)(h). 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 state 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 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 or 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 900(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
OSWER Directive 9650.15
2
-------
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 subpoenas are also included in Section 9006(b). Section 9006(c)
specifies the scope 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. Why 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 for 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 state,
. . . 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 applicability adopted as authorized by law, and statements of
general policy or interpretations of general applicability formulated and adopted by the agency;
and,
(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
OSWER Directive 9650.15
3
-------
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. § 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 whirl 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).
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 rules 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
OSWER Directive 9650.15
4
-------
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 Register 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 rule 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 submitting Federal
Register notices.
OSWER Directive 9650.15
5
-------
STEPS IN THE CODIFICATION PROCESS
.r-""nC!Ye elided x.
legally- erfOiL-i-jblH "N.
capieiif piopfi duality x-
\ be«n otToim-if'
Billet. rKniivo ^
Rp'jLnjI litrui,
Binders retained a
OUST
Earners retainea &
otU> i2"kw
Binders retcti nee if.
OUST uuti-
Return pact n.,— 'n R>-qian
tar coii>-l"m
Slate Program is approved
Send package IqOFR
Send final pactage
Quality Assure me Officer
S#nd Federal Register lypeasvi rig
request fa rmlor signatures
Prepare draft Federal Register
rule. Set up docket.
Binders to rental n at OF H
ORC reviews rules
Prepare iranarrfctjl letter tor Office
of the Fedeml Register ŁOFR)
• %\nli c c. pre j u"
\cuti-j rmjuLitu, re "iir 5uf<
Prepare final Federal Register package and obtain
signature of She Regional Administrator
Send postage to EPA Federal Register liaison
(VioWe Reed)
Review 8 F* application to dsierrat ne which statutory a net
regulatory prcvisiore are to be ircorporaed by reference
Final rule published in Federal Register
OSWER Directive 9650.15
6
-------
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.
There regulations have either an official stamp denoting the date of adoption and signature or
some other form 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 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.
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.
OSWER Directive 9650.15
7
-------
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.
The Director of the Federal Register is authorized to decide when an agency may incorporate material by
reference. The Director may approve an incorporation by reference if the material meets the requirements
of 1 CFR 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 material 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 of their statutes and regulations as part of the official state program
approval application.
3. All 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 be used to create a table of contents for the binder. If
possible, the title page from the statute or regulation 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
OSWER Directive 9650.15
8
-------
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 are 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 EPS OUST docket, Room M 2616, 401 M Street, SW, Washington, DC 20460; at
OUST Headquarters (contact Jerry Parker); and in the library of the appropriate EPA Regional
office. The state also 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 and 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 reassembly of the materials will not
be necessary.
OSWER Directive 9650.15
9
-------
APPENDIX A: PART 282 Framework Rule and New Hampshire Codification Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[FRL-4794-8]
Underground Storage Tank Program; Approved State Program for 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.
DATE: 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 receive 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) 603-7167. For technical questions on the New
Hampshire codification, consult Susan Hanamoto, Underground Storage Tank Program, U.S. EPA
Region I, JFK Federal Building, Boston, MA 02203-2211, Phone: (617) 573-5748.
OSWER Directive 9650.15
A-l
-------
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 that 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 of RCRA.
The Agency retains the authority under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d
and 699 le, 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
OSWER Directive 9650.15
A-2
-------
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 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 et seq., federal agencies must considerthe
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.
OSWER Directive 9650.15
A-3
-------
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: October 13, 1993.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, chapter 1 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 Provisions
Sec.
282.1 Purpose and scope.
282.2 Incorporation by reference.
282.3-282.49 [Reserved]
Subpart B-Approved State Programs
282.50-282.78 [Reserved]
282.79-New Hampshire.
282.80-282.105 [Reserved]
Appendix A to Part 282-State Requirements incorporated by Reference in Part 282 of the Code of
Federal Regulations
Authority: 42 U.S.C 6912, 6991C, 6991D, and 6991c.
PART 282-APPROVED UNDERGROUND STORAGE TANK PROGRAMS
Subpart A-General Provisions
§282.1 Purpose and scope.
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
OSWER Directive 9650.15
A-4
-------
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands."
§282.2 Incorporation by reference.
1. 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.
2. 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:
1. Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont):
JFK Federal Building, Boston, MA 02203-2211,
2. Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands): Federal Office Building,
26 Plaza, New York, NY 10278.
3. Region 3 (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West
Virginia): 841 Chestnut St. Building, Philadelphia, PA 191007.
4. Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee): 345 Courtland 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 75202-2733.
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.
3. 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.
1. 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 the New Hampshire Department of Environmental Services, was approved by
EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA's approval was effective on
July 19, 1991.
2. New Hampshire has primary responsibility for enforcing its underground storage tanks program.
However, EPA retains the authority to exercise its enforcement authorities under sections 9005
OSWER Directive 9650.15
A-5
-------
and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under other applicable
statutory and regulatory provision.
3. 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 CFRpart 281, subpart E. IfNew 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.
4. 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. Copies may be obtained from the Underground Storage
Tank Program. New Hampshire Department of Environmental Services, 6 Hazen Drive,
Concord, NH 03302-0095.
1. State statutes and regulations.
1. 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 et
seq.
1. New Hampshire Statutory Requirements Applicable to the Underground
Storage Tank Program, 1993.
2. New Hampshire Regulatory Requirements Applicable to the
Underground Storage Tank Program, 1993.
2. The following statutes and regulations are part of the approved state program,
although not incorporated by reference herein for enforcement purposes.
1. The statutory provisions include: New Hampshire Revised Statutes
Annotated (Supplement 1988) Sections 146-C:9a, 146-C:10, and 146-
C:10a; 147 A: 1 through 147-A:13; 541-A:1 through 541 -A: 10; 91-A:1
through 91-A: 8.
2. The regulatory provisions include: New Hampshire Code of
Administrative Rules (1990) PartEnv. C-602.08; PartHe-P 1905.
3. 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.
1. The statutory provisions include: New Hampshire Revised Statutes
Annotated (Supplement 1988) Section 146-C: l.XII, insofar as it refers
to heating oil for consumptive use on the premises where stored.
2. The regulatory provisions include: New Hampshire Code of
Administrative Rules (1990) Sections Env-Ws411.01 and 411.02,
insofar as they refer to heating oil for consumptive use on the premises
where stored.
2. Statement of legal authority.
1. "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.
2. 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, if referenced as part of the
OSWER Directive 9650.15
A-6
-------
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 etseq.
5. Memorandum of agreement. The Memorandum of Agreement between EPA Region I and
the New Hampshire Department of Environmental Service, 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 etseq.
OSWER Directive 9650.15
A-7
-------
§§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 part 282 of
the Code of Federal Regulations:
New Hampshire
1. The statutory provisions include New Hampshire Revised Statutes Annotated 1955, 1990
Replacement Edition, and 1992 Cumulative Supplement, Chapter 146-C. Underground Storage
Facilities:
o Section 146-C: 1 Definitions, except for the following words in 146-C: 1. XII, "heating
or."
o Section 146-C:2 Discharges Prohibited.
o Section 146-C: 3 Registration of Underground Storage Facilities,
o Section 146-C:4 Underground Storage Facility Permit Required,
o Section 146-C:5 Records Required; Inspections,
o Section 146-C:6 Transfer of Ownership,
o Section 146-C:6-a Exemption,
o Section 146-C:7 New Facilities,
o Section 146-C:8 Prohibition Against Reusing Tanks,
o Section 146-C:9 Rulemaking.
o Section 146-C: 11 Liability for Cleanup Costs: Municipal Regulations,
o Section 146-C: 12 Federal Assistance and Private Funds.
2. The regulatory provisions include:
1. New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws411,
Control of Underground Storage Facilities:
Section 41
.01
Section 41
.02
Section 41
.03
Section 41
.04
Section 41
.05
Section 41
.06
Section 41
.07
Section 41
.08
Section 41
.10
Section 41
.11
Section 41
.12
Section 41
.13
Section 41
.14
Section 41
.15
Section 41
.16
Section 41
.17
Section 41
.18
Section 41
.19
Section 41
.20
Section 41
.21
OSWER Directive 9650.15
A-8
-------
¦ 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 Protection.
¦ Section 411.26 Leak Monitoring for New Tanks.
¦ Section 411.27 Leak Monitoring for New Underground Piping Systems.
¦ Section 411.28 Installation ofNew 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 Relining 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 Code of Administrative Rules (November 1990) Part Env-Ws 412,
Reporting and Remediation of Oil Discharges:
¦ Section 412.01 Purpose.
¦ Section 412.02 Applicability.
¦ Section 412.03 Definitions.
¦ Section 412.04 Notification.
¦ Section 412.05 Initial Response Action.
¦ Section 412.06 Abatement Measures.
¦ Section 412.07 Free Product Removal.
¦ Section 412.08 Initial Site Characterization.
¦ Section 412.09 Investigation Due to Discovery of Discharges from Unknown
Sources.
¦ Section 412.10 Site Investigation.
¦ Section 412.11 Site Investigation Report.
¦ Section 412.12 Remedial Action Plan.
¦ Section 412.13 Public Notification.
¦ Section 412.14 Waivers.
[FR Doc. 93-26409 Filed 11-01-93: 8:45 am
Billing Code 6560-50-P
OSWER Directive 9650.15
A-9
-------
APPENDIX B: Vermont Codification Rule ("Stand-Alone" Rule)
*** DRAFT ***
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
(FRL - )
Underground Storage Tank Program: 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 codified EPA's decision to approve
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 must be receive by the close of business [insert date 30
days after publication]. The incorporation by reference of certain publications 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.
OSWER Directive 9650.15
B-l
-------
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 published a
Federal Register document announcing its decision to grant 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. 6991d 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.
To codify EPA's approval of Vermont's underground storage tank program, EPA has added section
282.95 to title 40 of the CFR. Section 282.95 incorporates by reference for enforcement purposes the
State's statutes and regulations. Section 282.95 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 699 le, 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.
OSWER Directive 9650.15
B-2
-------
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 282.95 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 codified 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
Approved State Program For Vermont—Page 6 of 15
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et 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.
OSWER Directive 9650.15
B-3
-------
Dated:
John DeVillars,
Regional Administrator
For the reasons set forth in the preamble, 40 CFR Part 282 is proposed to be amended as follows:
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.
1. 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 et 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.
2. Vermont has primary responsibility for enforcing its underground storage tank program.
However, EPA retains the authority to exercise its inspection and enforcement
authorities under sections 9005 and 9006 of subtitle I of RCRA, 42 U.S.C. 6991d and
699le, as well as under other statutory and regulatory provisions.
3. 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 the revised requirements pursuant to section 9004 or
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.
4. 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.
OSWER Directive 9650.15 B-4
-------
1. State statutes and regulations.
1. The provisions cites 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 et seq.
1. Vermont Statutory Requirements Applicable to the Underground
Storage Tank Program, 1994.
2. Vermont Regulatory Requirements Applicable to the Underground
Storage Tank Program, 1994.
2. The following statutes and regulations are part of the approved state program,
although not incorporated by reference herein for enforcement purposes.
1. The statutory provisions include: Title 10 Vermont Statutes Annotated,
Chapter 59, Sections 1932 through 1935.
2. The regulatory provisions include: Vermont Environmental Protection
Rules, Chapter 8, Sections 104 through 106.
3. 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.
1. Title 10 Vermont Statutes Annotated, Chapter 59, Section 1929, insofar
as it refers to registration requirements for tanks greater than 1,100
gallons containing heating oil consumed on the premises where stored.
2. 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.
2. Statement of Legal authority.
1. "Attorney General's Statement for Final Approval", signed by the Attorney
General of Vermont of 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 seq.
2. 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 et seq.
3. Demonstration of procedures for adequate enforcement. The "Demonstration of
Procedures for Adequate Enforcement" submitted as part of the original application in
May 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.
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 etseq.
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 etseq.
1. Appendix A to Part 282 is amended by adding in alphabetical order "Vermont" and its listing.
OSWER Directive 9650.15
B-5
-------
APPENDIX A TO PART 282
State Requirements Incorporated by Reference in part 282 of the Code of Federal Regulations
it it it it it
Vermont
1. The statutory provisions include Vermont Statutes Annotated, 1992, Chapter 59. Underground
Liquid Storage Tanks:
Section 1921 Purpose.
Section 1922 Definitions.
Section 1923 Notice of New or Existing Underground Storage Tank
Section 1924 Integrity Report.
Section 1925 Notice in Land Records.
Section 1926 Unused and Abandoned Tanks.
Section 1927 Regulation of Category One Tanks.
Section 1928 Regulation of Large Farm and Residential Motor Fuel Tanks.
Section 1930 Implementation; Coordination.
Section 1931 Inspections; Right of Entry; Information.
Section 1936 Licensure of Tank Inspectors.
Section 1938 Underground Storage Tank Trust Fund.
Section 1939 Risk Retention Pool.
Section 1940 Underground Storage Tank Incentive Program.
Section 1941 Petroleum Cleanup Fund.
Section 1942 Petroleum Distributor Licensing Fee.
Section 1943 Petroleum Tank Assessment.
Section 1944 Underground Storage Tank Loan Assistance Program.
2. 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 forthe 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.
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.
OSWER Directive 9650.15
B-6
-------
Section 8-406 Compatibility.
Section 8-407 Spill and Overfill Prevention Equipment.
Section 8-408 Installation.
5. 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.
6. Subchapter 6: Reporting, Investigation, Corrective Action and UST Closure.
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 8-602 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)
OSWER Directive 9650.15
B-7
-------
APPENDIX C: Federal Register Document Requirements
MAY 17 1993
MEMORANDUM
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 the top of the signature page, regardless of whether the page has
text in addition to the signature line:
IDENTIFICATION OF DOCUMENT: (Insert document title from the
Rule/Notice or CIP/SIP, along with
the page number)
EXAMPLE: Environmental Protection Rule—Page 10 of 130
Please be sure that the title is specific so that it adequately
identifies the document to which it refers.
Both the 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 M. Browner
OSWER Directive 9650.15
-------
DAN 13 1993
MEMORANDUM
SUBJECT: Availability of Federal Register Typesetting Discount
for Disk Submission
FROM: Jane Stewart, Chief
Regulatoi n
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 of 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 ASCII. If you wish to have 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:
"This document was submitted with a disk and is
eligible for the 20% typesetting discount."
4. 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 retu
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 GPOwill provide WordPerfect templates for
common type 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 RDB 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
OSWER Directive 9650.15
-------
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
OSWER Directive 9650.15
C-3
-------
Document Template
THE DOCUMENT
« Bond paper or legible photocopy. • Margins as shown, » Typed name and title. * Three originals or one original
¦ 8 1/2" x 11" • Double space text. * Ink signature. and two certified copies.
ir
81/2"
r
Original
[Billing Code 9999-99]
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1200
Official Seals
1 1/2"
AGENCY: *"
ACTION: "*
SUMMARY: "*
DATES: "*
ADDRESSES: "*
FOR FURTHER INFORMATION CONTACT: "*
SUPPLEMENTARY INFORMATION: "*
Signature
T^ped name
Title
1'
certified to be a true copy of the original document
Signature
copy
Copy
2
certified to be a true copy of the original document
Signature
OSWER Directive 9650.15
C-4
-------
APPENDIX D: Guidance on Preparing and Submitting Federal Register
Documents
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.
1. 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:
o Billing code information;
o Headings (e.g., Agency name, CFR Part, subject);
o Preamble requirements (e.g., summary of proposed action, addresses for public comment,
supplementary analysis);
o Words of issuance;
o Regulatory text;
o Signature; and
o Consecutive page numbers.
Federal Register must also fulfill the following lay-out specifications:
o Bond paper or legible photocopy (8-1/2" x 11");
o Single-sided copies;
o One-inch margins from top, bottom, and right sides; 1-1/2-inch margin from left side;
o Double-spaced text;
o Typed name and title of signing official, in signature;
o Deliver three originals with ink signatures; the signature may not appear on a page by
itself; and
o Page numbers must be consecutive and appear at the bottom of the page.
A sample Federal Register checklist is included in this appendix.
2. 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 Register. The Management
OSWER Directive 9650.15
D-l
-------
Division Director may require certain signatures on this form. Data on the following items are
also required:
o Title of rule;
o Number of manuscript page;
o Number of columns;
o Estimated cost; and
o 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.
3. Expedited 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
D-2
-------
FEDERAL REGISTER CHECKLIST FOR NOTICES, PROPOSED AND FINAL RULE
DOCUMENTS
[Attach to all documents that are to be published in the Federal Register. Only complete the section that
applies to the document to be published. All of these questions can be answered through the Federal
Register Document Drafting Handbook (DDH) ].
SECTION ONE: 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
1
2
3
4
5
6
7
SIGNED
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)
Does your document include the required preamble elements (optional for notices):
Agency Action; Summary; Dates; Addresses; For Further Information Contact;
Supplementary Information? (DDH 51-55)
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 53)
Is the signer's name and title printed below the signature? (DDH 61)
Are the pages numbered consecutively?
Are the copies sharp, clear, and legible, especially illustrations?
Are you submitting the original plus 3 copies? Do your copies match? (DDH 62)
OSWER Directive 9650.15
D-3
-------
SECTION TWO: PROPOSED AND FINAL RULES
Yes No
1.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)
4.1s your Amendatory language clear and correctly worded? (DDH 25-26)
5.1s 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)
9.1s 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
OSWER Directive 9650.15
D-4
-------
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 4 - 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; $375.00 per Federal Register page;
A table or graph is considered as one page.
Item 10 - Financial data should be supplied by the commitment clerk in OUST. This data must include the
document control number; the account code; the object class code; and the dollar amount.
Item 11 - The program manger's signature.
Item 12 - The Federal Register designee's signature. The Federal Register designee is located in the
Office of the Assistant Administrator for OSWER.
Item 13 - The commitment clerk for OUST (or the commitment clerk for the office paying for the
publication) should sign here.
OSWER Requirements: The Office Director and the Assistant Administrator are also required to sign
all Federal Register typesetting requests.
OSWER Directive 9650.15
D-5
-------
Federal Register Typesetting Request Form
FEDERAL REG 1STER TYPESETTING REQUEST
?
sd mhw-it im has an as wtft waRusratet
opy icino Hq. Faaaraf ftsgfasr CMca.
D Fadera; RtstjjWfir Offcs: Csfrpism
amlsrtml babna mHq.Prhitfp
i.TLE
;
2-SUfiMrr-NC
2. ASSfCNEL"' FFl HUMiBEF2jVfiaWssi'pfts Artumiwc stfa/KSM fa"O&mli-mmr.i
A.OPEN REDL..., J?BER
5. Bit INC CODE
g. FOR WARDED *D CSA MAFS SIGNATURE
DATS
?. H iMBB R OF USCRiP" PtfaES
fl. ESrflATED NUMBE RDF COLUMNS
3. ESTfKWED DOS"
10. FINANCIAL UA'A
FMOU5E
fa)
D
L.4"- "
I
|ir>
ttŁOL*r P)
DOLLARS
1
a
2
4
!i
ts
7
a
a
ie
11
12
13
115
45
4?
m
m
BO
51
52
2
D
0
2
0
0
2
s
c
11. SENJrURE: |a>R: 'FPCEP6
i a. SSGN«r URE: in) PE BE F i HIS ŁN EE
m MTE
!CS~EL EP FEN E NiJfc5BŁ R
m> date
JCJTELEPHDNE NUkiBER
13. F!.$t L"S ARE AVAl^iLfc jr^rrVfTT^fr-Si*,-
DUE" Offics 3 re dor
QBWE R Asbtau MmUbtraia-
OSWER Directive 9650.15
D-6
-------
EPA FORM 2340-1
PUBLICATION REVIEW RECORD AND PRINTING REQUEST
This form has been replaced by EPA Form 2200-9
Uriitod States Environmental Protection Agency
PRINTING, DISTRIBUTION, AND INVENTORY
—its twanwi, i»tiw irfv t> a) «tm» m mw«..
rony cont.
1 Prwi..::l Nunibwr
EPA*
2, Originator Nam
Phar.s
Mail Cado
AWFAShip
3, Oats Submitted
4. Oat* Required
5- FCffnat
6. Length
7. T<|Ib
B. Issuareo
Li )i Ka C ParMlcal— Fwnwrcy will M
~ fteisNM JilfflUfil— TIU&I
Wm per..
Q f^pdnt— felts as! pfisilsd
9 Swire* C PiiMtc tn'wma'.m Ł«*•-
n r-o-j di* C NCE»—Ore wall
iH CJttier p NatoM I ni:hnt-;il Inbn-^hi-n i-.e-r/tzc
1ft AudiaRea(i}
~ Interest Grotpi
~ Ot'lLV
di
0 Oav.-irruxval
O SHjMnti/TMoeK
~ Busmsss i lnuus!ry
~ SoienillDiT»<#f>ioi!
11. GaSilaij Ck&Kxtp.fofi (narra'ivd -f fcpes aid sednrts
is/aumiy
14, Estimated Casl
To Pmt
t5, lu Ovotirtre
Authorizes''
16, Pi«C« SubmSlt«J
CsiBtira Copf ,
17. Irspectiam
O 0ly« Unas
~ CftrcmaJais
~ Prasa Vitsil
TlS
It 'Ah Cdor
Tfrjit
13, Bm
O One Sltited
~ Hsaei to Head
~ ŁHk!I {dpuc'y il!)
Binding
me ~ Cam*
~ settle ~ PK^ctM
O Cilw • L-fi;
2V. Pu'ii:li
~ Tjw _fr11
( I «- Rsirj fcmoRr
O Pt'Wfe.'Sii d
22. P-ii-'ii . Dl&lfifc J\e To irama o* irailrg I-si, OR quantity erf labnls HWuchijck OR wuretaf iKtHsja)
?;•) GHkv Ar!rjre!>'»[?r=y.'O Li.1 n1!y •
Qtsafo&tor/
NCEPI
PiC/
2U. K'ail Class: CD TiiSl Q "hirJ f-J G aiped.t cixirlh Q UPS L.j |j«jh P;j1p Ł.. Q C-jskm Dtvslyri QpOjcN'i D It'iterf'd
3Q Fs:. PoKngo Ccst
31. DislrtouttaiwIVail Plan Approved fE.yrsiLis«ndDsiui
jj. i-uidrg NLinbeii (rmv.r^j
oca
(Nk K
Mb*1
i?. MoJn9 CcmplolDC
BfO
I
nOeBa^l
I'
C«i tJsj.'tfcd#
mmfl
V Rcrr nltiniml Oeft (Pyiflsar* svalliB* tor prWtofl.l
N-rtt.'. Sianjrturr:
Date;
0&. Addlliortai r' to: ~ -ciQCC ~ < ttmentfe ~ FMBag ~ freta O TBHimaay ~ Wewes D Mjgtf.Ajy O I.GXgli
36. Cwnrneiils & Special Instructors
EPA Furu aoa-S M®5]
Iqilim OA r«n aCI0-i awl EPA 1'orai W4M *»!*¦«»
OSWER Directive 9650.15
Cefy I -Pri»lt3n|j,Mamigim«iit
D-7
-------
Guidance For Completing EPA Form 2200-9
This form serves three functions: (1) ordering printing for all EPA publications and other printed items;
(2) ordering distribution services for all publications, software, videos, and audiovisual packages; and (3)
to ensure that all public-information products—including software, videos, exhibits, posters, etc.—are
listed in Agency catalogs and databases as appropriate. This form replaces EPA forms 2340-1 and 2200-
5. For most publications, all unshaded blocks should be completed (shaded blocks will be completed by
the units processing the form.) If all copies of the product are to be returned to the originator, so indicate
in block 29 and do not fill in blocks 25 and 28. for non-print products, leave blocks 15 through 23 empty.
If a product is exempt from the inventory system (see qualifications below) then blocks 9 through 12 and
block 37 may be ignored. The qualifications for exemption to the inventory system are: (a) printing runs
of less than 1000 copies; (b) items that will be out-of-date within six months; (c) Federal Register notices;
(d) press releases from an authorized public affairs office; (e) Congressional and hearing testimony; (f)
documents published by C.E.R.I.; (g) internal correspondence, memoranda, and audiovisual aids; and (h)
products from the Office of Inspector General. Claims for exemptions under these qualifications should
be made in block 38.
What Goes in Each Block
1. Numbers for all EPA products are assigned by the EPA Publications and Information Center in
Cincinnati. Call 513-569-7980.
4. The desired date for completion of distribution/mailing.
5. Use one of the following format terms. "Flyer" (a single sheet of paper with type placed without
regard for any folds), "Leaflet" (a single, folded sheet with type placed in columns between the
folds, "Pamphlet" (two or more bound-usually stapled-sheets without a separate cover), "Booklet" (any
number of bound sheets with a cover made of paper different in weight, finish, or color from the inside
pages), "Poster" (a single sheet intended for wall-mounting or similar public display), "Slides" (sets of
mounted 35mm transparencies, with or without scripts and soundtracks), "Vu-Graphs" (sets of overhead
transparencies), "Videotape" (used for tapes alone and for packages that include
videotapes), "Audiotape" (may or may not be accompanied by a script or
publication), "Film" (movies), "CD-ROM" (Compact Disk-Read Only Memory), "CD-I" (Interactive
Compact Disk), "Microfilm", "Microfiche", "Floppy Disk", or "Exhibit". If none of these terms
seems to fit, call 260-6663 for assistance.
6. For publications, length equals the number of pages. For tapes and film, length is time, for
transparencies and microfilm/fiche this is number in package. For computer disks, give length in bytes.
For exhibits, give width and depth.
OSWER Directive 9650.15
D-8
-------
9. The box(es) checked under source will tell your potential audience where to obtain your product. If
your source isn't listed, give details in item 38.
10. Describe the intended audience in terms of educational level (i.e., children, average citizen, ore
college graduate), degree of subject knowledge (i.e. none, general, or skilled), and involvement (i.e.
business/financial, special-interest group, governmental, or personal).
11. Describe the product in a concise paragraph using full sentences that clearly give a catalog reader
enough information to decide whether to order or seek out the product.
12. four to six terms to help categorize the product.
13. for publications, size is the dimensions of the folded product. For leaflets, size typically will be 4" x
9". Pamphlets and booklets may be 4" x 9", 5-5/8" x 8-3/4", or 8-1/2" x 11". For videotapes, size is type:
VHS, 3/4", 1", etc. For audiotapes size means cassette, reel, etc. For film: 16mm, 8mm, etc. for computer
disks: 3-1/2" or 5-1/4". For an exhibit, size is either table-top or free-standing.
14. Number of individual units to be produced. For exhibits, indicate expected number of showings per
year and useful life in years.
15 "Camera Copy" refers to the quantity of physically separate boards or pages of mechanicals. "Other"
may include photographs or illustrations not attached to the mechanicals.
16. Do not include the color of the paper stock. For example, black ink on blue paper is a one-color
process. If color photos are to be printed naturally, write "four-color" or "full-color".
17. Give the weight, color, and grade of the text paper and, if different, of the cover stock. "Weight" is a
measure of paper's thickness or density expressed as the weight of 500 sheets. (Note: Since cover stock is
manufactured in smaller sheets than text stock, 50-lb cover paper is thicker than 50-lb text paper.) The
typical leaflet is printed on 40-lb, offset. If using in-house printing, simply specify "bond". The typical
booklet cover is 50-lb vellum. Available Paper "colors" are limited by GPA specifications and contracts
and exact matches are often impossible. Therefore, if an exact color is desired as a backdrop to a title, it
must be ordered as an ink color painted over white paper. Otherwise, keep the orders simple, such as
"light-blue". Paper "grade" is an indication of a paper's strength and finish (i.e., offset or vellum). A
typical entry might be: "601b/white/offset."
18. "Blue lines" are prints (blue color on white) made from the prepared negatives that can be returned
run the printing plant for your inspection. "Chromal"(a.k.a. "Colorkeys") can be prepared to show an
approximation of the color saturation and balance of photographs as they will be printed. "Press
Inspections" require your presence at the printing plant when the first sheets come off the presses. Any of
these steps might affect the time and cost to print.
OSWER Directive 9650.15
D-9
-------
19. The items under "Run" are not exclusive; check as many as apply. "Head-to-head" means both sides
of the page are oriented in the same direction (as in almost all publications).
20. Stitching uses staples, either twice along the left edge ("side stitch"), once in the upper left ("corner
stitch") or through the middle fold ("saddle stitch"). Thick publications are often "perfect bound" on the
edge with glue.
21. Punches are self-explanatory. Perforations/scores must be carefully explained in block 38 or on a
separate sheet.
22. For estimated cost, consult with Printing Management. No cost if job is printed in-house without
overtime.
23. Overtime can as much as triple the printing cost.
28. If labels will be delivered separately, give source's name and telephone number.
29. Should account for all units (from #14) not listed in #28.
34 & 35. Funding information is not needed if the job will be printed in-house. Mailing is funded through
a separate, charge-back system.
36. The Product Review Officer (PRO) is the person in each program/regional office who has been
designated by the AA/RA to handle the EPA Product-Review process. By signing in this space, the PRO
is certifying that the following are true:
• The content of the publication or other information product is accurate and conforms to
Agency policy, and the expenditure of resources for its production has been approved by
Program/Regional management.
• When appropriate, the item has undergone Product Review.
• The product is being produced in accordance with all applicable and pertinent Agency rules
and guidelines.
Except for exempt cases (see first paragraph) this form (not the product) shall be sent by the Product
Review Officer to the Publication Review Coordinator for signature prior to production. To speed the
printing process, the PRC may establish a system that allows regional Printing Control Officers to accept
this form from non-HQ PROs without PRC's signature.
OSWER Directive 9650.15
D-10
-------
APPENDIX E: Sample Transmittal Letters to the Office of the Federal Register
Martha L. Girard, Director
Office of the Federal Register
National Archives and Records Administration
Washington, DC 20408
Dear Ms. Gi rard:
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,
11th 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 Di rector
Division of Solid Waste
U.S. EPA Region I
JFK Federal Building
Boston, MA 02203-2211
Enclosures
OSWER Directive 9650.15
-------
Ms. Martha Girard, Director
Office of the Federal Register
National Archives and Records Administration
Washington, DC 20408
Dear Ms. Gi rard:
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) 603-7167
OSWER Directive 9650.15
E-2
-------
APPENDIX F: List of CFR Sections Reserved For Approved State Programs
Alabama - § 282.50
Alaska - § 282.51
Arizona - § 282.52
Arkansas - § 282.53
California - § 282.54
Colorado - § 282.55
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
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
OSWER Directive 9650.15
-------
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
OSWER Directive 9650.15
F-2
-------
APPENDIX G: Sample Incorporation By Reference Binders (New Hampshire)
Appendix G-l: New Hampshire Statutory Requirements Applicable to the Underground Storage
Tank Program, 1993 40 CFR 282.79 G-2
Appendix G-2: 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) G-20
Appendix G-3: New Hampshire Regulatory Requirements Applicable to the Underground Storage
Tank Program, 1993 40 CFR 282.79 G-34
Appendix G-4: New Hampshire Code of Administrative Rules (Env-Ws 412): Reporting and
Remediation of Oil Discharges G-58
OSWER Directive 9650.15 G-l
-------
APPENDIX G-l
SAMPLE INCORPORATION BY REFERENCE BINDERS
(NEW HAMPSHIRE)
NEW HAMPSHIRE STATUTORY REQUIREMENTS
APPLICABLE TO THE UNDERGROUND STORAGE TANK
PROGRAM, 1993 40 CFR 282.79
OSWER Directive 9650.15
G-2
-------
TABLE OF CONTENTS
Statutory Provisions
New Hampshire 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: 1. XII, "heating or"
146-C:2 Discharges Prohibited
146-C: 3 Registration of Underground Storage Facilities
146-C:4 Underground Storage Facility Permit Required
146-C:5 Records Required; Inspections
146-C:6 Transfer of Ownership
146-C :6a Exemption
146-C:7 New Facilities
146-C:8 Prohibition Against Reusing Tanks
146-C:9 Rulemaking
146-C: 11 Liability for Cleanup Costs; Municipal Regulations
146-C: 12 Federal Assistance and Private Funds
OSWER Directive 9650.15
-------
NEW HAMPSHIRE
REVISED STATUTES
ANNOTATED
1955
1990 REPLACEMENT EDITION
Titles 10,11
Chapters 125-152
OSWER Directive 9650.15
G-4
-------
CHAPTER 146-C
UNDERGROUND STORAGE FACILITIES
146-C: 1 Definitions.
146-C:2 Discharges Prohibited.
146-C: 3 Registration of Underground Storage Facilities.
146-C:4 Underground Storage Facility Permit Required.
146-C:5 Records Required: Inspections.
146-C:6 Transfer of Ownership.
146-C:6-a Exemption.
146-C:7 New Facilities.
146-C:8 Prohibition Against Reusing Tanks.
146-C:9 Rulemaking.
146-C:9-a Orders: Injunctions.[NOT PROVIDED]
146-C: 10 Penalty.[NOT PROVIDED]
146-C: 10-a Administrative Fines.[NOT PROVIDED]
146-C: 11 Liability for Cleanup Costs: Municipal Regulations.
146-C: 12 Federal Assistance and Private Funds.
CROSS REFERENCES
Oil discharge and disposal cleanup fund, see RSA 146-D.
Oil spillage in public waters, see RSA 146-A.
Petroleum inventories reporting, see RSA 339-D.
Sale of liquid fuels, see RSA 339-B.
LIBRARY REFERENCES
OSWER Directive 9650.15
-------
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 Number Health and Environment < = 25.5(5.5) CJS
Health and Environment § 131. ALR
Gasoline or other fuel storage tanks as nuisance. 50 ALR3d 209.
Liability for pollution of subterranean waters. 38 ALR2d 1265.
Maintainability in state court of class action for relief against air and water pollution, 47 ALR3d 769.
Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency. 60
ALR3d
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
OSWER Directive 9650.15
G-6
-------
146-C:1 Definitions. 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.
III. "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 size, capacity, and
other specifications prescribed by rules adopted by the division pursuant to RSA 146-C:9, VI.
VI. "Failure" means a condition which may or does allow the uncontrolled 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-C: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
modified after September 17, 1985.
XI. "Nonresidential", when referring to a facility, means a facility which serves any commercial,
industrial, institutional, 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 processing.
The term "oil" shall not include natural gas, liquefied 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.
XV. XIV-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 or 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.
XVI. "Residential building" means any house, apartment, trailer, manufactured housing, or other
structure occupied by individuals as a domicile.
XVII. "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
OSWER Directive 9650.15
G-7
-------
or improves the physical integrity of the facility or its monitoring systems. On-site
abandonment is specifically excluded as a "substantial modification" of a facility.
XVIII. "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.
XIX. "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 June 29, 1988.
Amendments-1988. Paragraph II: Substituted "release or addition" for "disposal, addition, or injection"
preceding "of any liquid to", inserted "land" thereafter and deleted "from any designed conveyance
system, including, but not limited to, pipe, ditch, channel, tunnel, conduit, well, fissure, container, or tank,
as well as any designed leachate disposal system" following surface water". Paragraph III: Inserted
"spilling, leaking, leaching" preceding "or placing" "groundwater" following "on any land", "surface"
preceding "water" and deleted "so that such waste or any constituent hereof may enter surface or
groundwater" thereafter. Paragraph XIII: Deleted "or political subdivision" preceding "who has
responsibility". Paragraph XIV: Deleted "or political subdivision" preceding "in possession" in the first
sentence and added the second sentence. Paragraph XlV-a: Added. Revision note. Substituted "division"
for "commission" in pars. I and VIII and "division of water supply and pollution control commission" in
par. I pursuant to 1986, 202-6, II.
OSWER Directive 9650.15
G-8
-------
146-C:2 Discharges Prohibited. No owner or operator shall discharge or dispose of any oil as defined in
the chapter from any facility into or onto land, groundwaters, or surface waters of the state.
HISTORY
Source. 1986, 182:1. 1988, 249:4, eff June 29, 1988. Amendments-1988. Inserted "into or onto land"
following "from any facility", deleted "to the surface waters or" preceding "groundwaters" and inserted
"or surface waters" thereafter.
CROSS REFERENCES
Liability for cleanup and restoration cost, section 146-C: 11.
OSWER Directive 9650.15
G-9
-------
146-C:3 Registration of Underground Storage Facilities.
I. The owner of each existing underground storage facility shall register the facility with division on
forms provided by the division and shall provide the following information:
a. Facility name, location, and mailing address.
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. Demonstration of 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 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 result.
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 appurtenances.
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 to 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 June 29, 1988. Amendments-1988, Paragraph 1(e): Added.
Paragraph V: Added. Revision note. In the introductory clauses of pars. I and II, in par. 11(a) and in the
second sentence of par. IV, substituted "division" for commission pursuant to 1986. 202:6, II.
Contingent 1988 amendment. 1988. 249:19 provided for amendment of this section. However, under the
terms of 1988. 249:21, eff. June 29, 1988, the amendment did not take effect.
CROSS REFERENCES
Exempt facilities, see RSA 146-C:6-a.
OSWER Directive 9650.15
G-10
-------
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 the 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, eff May 28, 1986.
Revision note. References to "water supply and pollution control commission" in the first sentence of par.
I and to "commission" in the second sentence of that paragraph and in the first sentence of par. II changed
to "division" pursuant to 1986, 202:6, II.
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, see RSA 146-C: 6.
OSWER Directive 9650.15
G-ll
-------
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.
II. 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 representatives may, upon the presentation of appropriate credentials:
a. Enter at reasonable times any site where 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.
• Information obtained by the division under this chapter which, in the judgment of 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 June 29, 1988. Amendments-1988. Paragraph II: Amended
generally. Paragraph III: Added. Paragraph IV: Added. Revision note. In the second sentence of par. I and
the first sentence of par. II, substituted "division" for "commission" pursuant to 1986, 202-6, II.
CROSS REFERENCE
Exempt facilities, see RSA 146-C:6-a
Liability of owner for recordkeeping, see RSA 146-C: 10.
OSWER Directive 9650.15
G-12
-------
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.
Revision note. Reference to "commission" preceding "relative" in the first sentence and following "notify
the" in the second sentence changed to "division".
CROSS REFERENCES
Exempt facilities, see RSA 146-C:6-a.
OSWER Directive 9650.15
G-13
-------
146-C:6-a Exemption. The provision of RSA 146-C:3, 4, 5,1 and 6 shall not apply to facilities no longer
in use on January 1, 1974. The provisions of RSA 146-C:4, 5,1 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, 249:9, eff June 29, 1988.
OSWER Directive 9650.15
G-14
-------
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.
HISTORY
Source. 1986, 182:1. 1988, 249:10 eff June 29, 1988. Amendments-1988. Paragraph III: Added. Revision
note. Reference to "commission throughout par. I and to "commission's" in par. II changed to "division"
and "division's", respectively, pursuant 1986, 202:6, II.
Contingent 1988 amendment. 1988, 249:20 provided for amendment of this section. However, under the
terms of 1988. 249:21 eff. June 29, 1988, the amendment did not take effect.
CROSS REFERENCES
Issuance of permits, see RSA 146-C:4.
OSWER Directive 9650.15
G-15
-------
146-C:8 Prohibition Against Reusing Tanks. Tanks which are removed 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 or petroleum vapors, rendered vapor free if necessary, and punched with holes to make it unfit for
further use.
HISTORY
Source. 1986, 182:1, eff May 28, 1986.
OSWER Directive 9650.15
G-16
-------
146-C:9 Rulemaking. The division shall adopt rules, under RSA 541-A, relative to:
I. Procedures, forms, and information required to registration of underground storage facilities, as
authorized by RSA 146-C:3.
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 underground storage facilities,
j. Technical and procedural alternatives and exemptions.
III. Requirements for recordkeeping, as authorized by RSA 146-C:5,1.
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 underground storage tank trust fund
established pursuant to 26 U.S.C. section 9508.
HISTORY
Source. 1986, 182:1. 1988, 249:11, eff June 29, 1988. Amendments-1988. Paragraph VII: Added.
Paragraph VIII: Added. Revision note. In the introductory clause, substituted "division" for "commission"
pursuant to 1986, 202:6, II. Adoption of rules relative to financial responsibility and federal funds. 1988,
249:17, eff. June 29, 1988, provided: "Notwithstanding any section of this act, the division of water supply
and pollution control shall not issue rules pursuant to RSA 146-C:9, VII as inserted by section 11 of this
act until the U.S. Environmental Protection Agency has issued its final rules relative to financial
responsibility for ownership and operation of underground storage facilities. The division shall adopt such
rules not later than 90 days after the issuance of such final federal rules. The rules adopted by the division
pursuant to RSA 149-C:9, VII and VIII shall not be more stringent than the federal rules.
CROSS REFERENCES
Adoption of rules relating to administrative fines, see RSA 146-C: 10-a. 146-C: 12
LIBRARY REFERENCES
West Key Number Health and Environment < = 25.5
CJS Health and Environment § 137.
OSWER Directive 9650.15
G-17
-------
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 ground water of
the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable
for the 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: 11-a, 111(a) and (b); and
c. Removal of the oil.
I-a. The owner of 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 to 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. 1988.249:14. 15, eff. June 29, 1988; 271:9. VII, eff. July 1, 1988.
Amendments-1988. Paragraph I: Chapter 249 inserted "or disposal" following "discharge" in the
introductory paragraph. Paragraph I-a: Added by ch. 249. Paragraph V: Repealed by ch. 271. 202:6, II. -
1987. Paragraph 1(b): Inserted "and corrective measures as defined under RSA146-A: 11-a, 111(a) and (b)
"following" environment". Paragraph V: Added. Revision not. In par. I, substituted "surface water or
groundwater" for "surface or ground water" to conform terminology to proper grammatical usage. At the
beginning of par. IV, substituted "division" for "commission" pursuant to
CROSS REFERENCES
Liability for contamination by hazardous materials or toxic wastes of police, fire, emergency
preparedness or emergency response equipment, see RSA 154:8-a.
OSWER Directive 9650.15
G-18
-------
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 rules pursuant to RSA 541-A for accepting
and distributing funds from the leaking underground storage tank trust fund established by 26 U.S.C.
section 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 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.
HISTORY
Source, 1986, 182:1. 1988, 249:16, eff June 29, 1988.
Amendments-1988. Rewrote the first sentence, added the second sentence and inserted "pending
adoption of such rules" preceding "where federal" and substituted "implemented" for "carried out"
preceding "in accordance" and "adopted under such law" for "thereunder" following "the regulations" in
the third sentence. Revision note. In the first and third sentences, substituted "division" for "commission"
pursuant to 1986, 202-6, II.
OSWER Directive 9650.15
G-19
-------
APPENDIX G-2
SAMPLE INCORPORATION BY REFERENCE BINDERS
(NEW HAMPSHIRE)
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)
OSWER Directive 9650.15
G-20
-------
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 as RSA, with chapter and section,
followed by (supp), thus:
RSA 21:3 (supp)
OSWER Directive 9650.15
G-21
-------
CHAPTER 146-C
UNDERGROUND STORAGE FACILITIES
[New Sections]
146-C: 13 Penalty; Persons Strictly Liable. CROSS REFERENCES
Groundwater Protection Act, see RSA 485-C.
OSWER Directive 9650.15
G-22
-------
146-C:1 Definitions. In this chapter:
1. [No change in paragraph I.]
I-a. "Council" means the water supply and pollution control council established under RSA 21-
0:7. [Added 1991, 92:22, eff. May 13, 1991.]
2. "Discharge" means the release or addition of any oil or hazardous substance to land, groundwater
or surface water. [Amended 1990, 208:1. 1991, 92:23, eff, May 13, 1991.]
3. "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, eff. June 26, 1990.]
4. [No change in paragraph IV.]
5. "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, eff. May 13, 1991.]
6. "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 FSA 146-C:4.
[Amended 1990, 208:2. 1991, 92:24, eff. May 13, 1991.]
7. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic
formations. [Amended 1991, 92:26, eff. May 13, 1991.]
VH-a. "Hazardous substance" means material defined as a regulated substance under 42 U.S.C.
6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA
146-C:9, Vl-a. [Added 1990, 208:3, eff. June 26, 1990.]
8. [No change in paragraph VIII.]
9. [Repealed 1990, 208:14, eff. June 26, 1990.]
10. [No change in paragraph X.]
11. "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 residential buildings. [Amended 1991, 92:27, eff. May 13, 1991.]
12. "Oil" means "oil" as defined in RSA 146-A:2. [Amended 1991, 92:28, eff. May 13, 1991.]
13. [No change in paragraph XIII.]
14. "Owner" means the person in possession of or having legal ownership of a facility. In
additional, 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-XVIII.]
HISTORY
Source. 1986, 182:1. 1988,249:1-3. 1990, 208:1-3, 14. 1991,92:22-29, eff. May 13, 1991.
Amendments-1990. Paragraph II: Substituted "oil or hazardous substance" for "liquid" preceding "to
land".
OSWER Directive 9650.15
G-23
-------
Paragraph III: Inserted "or hazardous substance" following "oil"
Paragraph V: Substituted "ahazardous substance" for "petroleum liquids" following "oil or".
Paragraph VI: Substituted "oil or a hazardous substance" for "liquid" following "passage of'.
Paragraph VH-a: Added.
Paragraph IX: Repealed.
-1991. Paragraph I-a: Added.
Paragraph II: Substituted "groundwater or surface water" for groundwaters or surface waters".
Paragraph V: Substituted "an assemblage" for "a system" preceding "of tanks'.
Paragraph VI: Substituted "groundwater 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.
OSWER Directive 9650.15
G-24
-------
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.
HISTORY
Source. 1986, 182:1. 1988,249:4. 1990, 208:4. 1991,92:30, eff May 13, 1991.
Amendments-1990. Inserted "or hazardous substance" following "oil".
-1991. Inserted "or other person responsible for the operation ofafacility" following "operator" and "any"
preceding "land" and substituted "groundwater, or surface water" for "groundwaters, or surface waters"
thereafter.
ANNOTATIONS
Cited -- Cited in Mesiti v. Microdot, Inc. 783 F. Supp. 57(D.N.H. 1990).
OSWER Directive 9650.15 G-25
-------
146-C:3 Registration of Underground Storage Facilities.
1. 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 (a)-(c).]
(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).]
2. 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 actions, ground and surface
water monitoring results, and closure plans.
[Amended 1990, 208:6 eff. June 26, 1990.]
[No changes in subparagraphs (f) and (g).]
3. [No change in paragraph III.]
4. 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
pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure.
[Amended 1991, 92:31, eff. May 13, 1991.]
5. [No change in paragraph V.]
HISTORY
Source. 1986, 182:1. 1988,249:5,6. 1990, 208:5,6. 1991, 92:31, eff. May 13, 1991.
Amendments-1990. Deleted "oil" preceding "product" in par. 1(d) and deleted "of petroleum based
products" following "disposal" in par. 11(e).
-1991. Paragraph IV: Substituted "maintained for the life of the facility" for "renewed every 5 years"
following "shall be" in the first sentence and "maintained" for "renewed" following "need not be" in the
second sentence.
OSWER Directive 9650.15
G-26
-------
146-C:4 Underground Storage Facility Permit Required.
1. 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 ownership 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
appeal brought pursuant to RSA 541 shall not stay an order by the council which revokes a
permit. [Amended 1991, 92:32, eff May 13, 1991.]
2. 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, except as provided in paragraph III. [Amended 1990, 3:73, eff.
Feb 20, 1990.]
3. 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 manner described below. All fees shall be deposited with
the state treasurer as unrestricted revenue. Permit fees shall be calculated as follows:
1. 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.
2. 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.
3. Facilities with existing permits in Rockingham 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.
4. Facilities with existing permits in Coos, Carroll, and Grafton counties 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.
5. 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.
6. For new facilities, the permit shall expire 5 years from the last day of the 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.
7. 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, eff. May 13, 1991.
Amendments-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.
OSWER Directive 9650.15
G-27
-------
146-C:5 Records Required; Inspections.
1. [No change in paragraph I.]
2. For the purpose of developing or assisting in the development of any rule, conducting any study
or investigation, instituting any corrective or remedial 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.]
3. For the purpose of developing or assisting in the development of any rule, conducting any study
or investigation, instituting corrective or remedial measures, or enforcing the provisions of this
chapter, division employees or authorized representatives may, upon the presentation of
appropriate credentials: [Amended 1991, 92:34, eff. May 13, 1991.]
(No changes in subparagraphs (a)-(c).]
(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. May 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 remedial" thereafter in
the introductory paragraph, and inserted "or remedial" in subpar. (d).
OSWER Directive 9650.15
G-28
-------
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, eff May 13, 1991.
Amendment-1991. Substituted "under this chapter" for "relative to tank testing and replacement"
following "division" in the first sentence.
OSWER Directive 9650.15
G-29
-------
146-C:7 New Facilities.
1. [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, eff. Feb 20, 1990.]
2. An owner shall not cause or allow any construction or other activity which is not in accordance
with the approved plans and all terms and conditions of the division's approval of those plans.
[Amended 1991, 92:37, eff. May 13, 1991.]
3. [No change in paragraph III.]
HISTORY
Source. 1986, 182:1, 1988,249:10. 1990,3:74. 1991,92:37, eff. May 13, 1991.
Amendments-1990. Paragraph I-a: Added.
-1991. Paragraph II: Substituted "construction or other activity" for "act" following "allow any".
OSWER Directive 9650.15
G-30
-------
146-C:8 Prohibition Against Reusing Tanks. Tanks which are removed 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 requirements
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 preceding "vapors" in the fourth
sentence.
OSWER Directive 9650.15
G-31
-------
146-C:9 Rulemaking. The division shall adopt rules, under RSA 541-A, relative to: [No changes in
paragraphs I-III.]
1. Procedures for conducting inspections or investigations, as authorized by RSA 146-C:5, II.
[Amended 1991, 92:38, eff. May 13, 1991.]
2. [No changes in paragraph V.]
3. [No changes in paragraph VI.]
Vl-a. Criteria for determining whether any material is a hazardous substance as defined in this
chapter and procedures for such designation. [Added 1990, 208:8, eff. June 26, 1990.]
4. [No changes in paragraph VII.]
5. [No changes in paragraph VIII.]
6. Procedures for collection of fees under RSA 146-C:4, III. [Added 1990, 3:75, eff. Feb. 20, 1990.]
7. Procedures and criteria for mitigation and prevention of damage due to a discharge from an
underground storage facility. [Added 1991, 92:39, eff. May 13, 1991.]
8. Procedures and criteria for responding to and reporting a discharge from an underground storage
facility. [Added 1991, 92:39, eff. May 13, 1991.]
9. Procedures for conducting tank testing, including qualifications of persons conducting tank
testing. [Added 1991, 92:39, eff. May 13, 1991.]
HISTORY
Source. 1986, 182:1. 1988,249:11. 1990, 3:75; 208:8. 1991,92:38,39, eff. May 13, 1991.
Amendments—1990. Paragraph Vl-a: Added by ch. 208.
Paragraph IX: Added by ch.3.
—1991. Inserted "or investigations" following "inspections" in par. IV and added pars. X-XII.
OSWER Directive 9650.15
G-32
-------
146-C:11 Liability for Cleanup Costs; Municipal Regulations.
1. 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 strictly liable for costs directly or indirectly resulting from the violation relating to:
[Amended 1990, 208:10. 1991, 92:43, eff 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: 11-a, 111(a) and (b); and [Amended 1991, 92:43, eff.
May 13, 1991.]
[No change in subparagraph (c).]
[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, eff. May 13,
1991.
Amendments—1990. Paragraph I: Inserted "or a hazardous substance" following "disposal of oil" and
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 "surface" in two places in the introductory paragraph and
inserted "or remedial" following "corrective" in subpar. (b).
CROSS REFERENCES
Double recovery allowed, see RSA 146-C:13.
XII Procedures for conducting tank testing, including qualifications of persons conducting tank testing.
[Added 1991, 92:39, eff. May 13, 1991.]
HISTORY
Source. 1986, 182:1. 1988,249:11. 1990, 3:75; 208:8. 1991,92:38, eff. May 13, 1991.
Amendments—1990. Paragraph Vl-a: Added by ch. 208.
Paragraph IX: Added by ch. 3.
—1991. Paragraph I: Inserted "or investigations" following "inspections" in par. IV and added pars. X-XII.
OSWER Directive 9650.15
G-33
-------
APPENDIX G-3
SAMPLE INCORPORATION BY REFERENCE BINDERS
(NEW HAMPSHIRE)
NEW HAMPSHIRE REGULATORY REQUIREMENTS
APPLICABLE TO THE
UNDERGROUND STORAGE TANK PROGRAM
1993 40 CFR 282.79
OSWER Directive 9650.15
G-3 4
-------
TABLE OF CONTENTS
Regulatory Provisions:
1. New Hampshire Code of Administrative Rules (November 1990) Part Env-Ws 411, Control of
Underground Storage Facilities:
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
except for
systems."
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
Section 4
1.01 Purpose, except for the following words, "heating oils."
1.02 Applicability, except for 411.02(d)
1.03 Definitions
1.04 Registration
1.05 Change in Use
1.06 Information Required for Registration
1.07 Permit to Operate
1.08 Transfer of Facility Ownership
1.10 Financial Responsibility
1.11 Inventory Monitoring
1.12 Regulated Substance Transfers
1.13 Tightness Testing
1.14 Certification of Technicians Performing Tightness Tests
1.15 Tightness Test Failures
1.16 Unusual Operating Conditions
1.17 Temporary Closure
1.18 Permanent Closure
1.19 Prohibition Against Reusing Tanks
1.20 Requirements for Approval of Underground Storage Systems
1.21 Tank Standards for New Underground Storage Systems
1.22 Piping Standards for New Underground Storage Systems
1.23 Secondary Containment for New Tanks
1.24 Secondary Containment for New Pressurized Piping
1.25 Spill Containment and Overfill Protection
1.26 Leak Monitoring for New Tanks
1.27 Leak Monitoring for New Underground Piping Systems
1.28 Installation of New Underground Storage Systems
1.29 Release Detection for Tanks Without Secondary Containment and Leak Monitoring,
the following words in 411.29 (a), "With the exception of on premise use heating oil
1.30 Release Detection for Piping
1.31 Operation of Leak Monitoring Equipment
1.32 Corrosion Protection for Steel Tanks
1.33 Corrosion Protection for Piping
1.34 Submission of Corrosion Protection Plan
1.35 Relining Steel Tanks
1.36 Repair of Fiberglass-Reinforced Plastic Tanks
1.37 Repair and Replacement of Piping Systems
1.38 Field Fabricated Tanks
1.39 Secondary Containment for Hazardous Substance Systems
1.40 Waivers
OSWER Directive 9650.15
G-35
-------
New Hampshire Code of Administrative Rules Env-Ws411
Control of Underground Storage Facilities
November 1990
N.H. Department of Environmental Services
OSWER Directive 9650.15
G-36
-------
PART ENV-WS 411 UNDERGROUND STORAGE AND HANDLING OF OIL PETROLEUM
LIQUIDS
Statutory Authority: RSA 146-C:9 and RSA 146-A: 11-c
Env-Ws 411.01 Purpose. The purpose of these rules is to set forth the requirements for underground
storage facilities under RSA 146-C, and to minimize contamination of the waters of the State due to the
storage and handling of motor fuels, lubricating 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. #3116, eff 9-17-85; ss by
#4965, 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 the storage of regulated substances, with the
following exclusions:
1. Oil-transmission pipelines subject to the Natural Gas Pipeline Safety Act of 1968 or the
Hazardous Liquid Pipeline Safety Act of 1979;
2. 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;
3. Underground storage facilities which are used solely for residential or domestic heating use;
4. [deleted];
5. Septic tank systems or floor drain collection tank systems that collect waste for the purpose of
segregating such waste from septic systems;
6. Storm-water systems;
7. 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. Flow-through process systems shall not include tanks used for the storage of materials
prior to their introduction into the production process or for the storage of finished products or
by-products from the production process.
8. Any system which is located in an underground room or vault if the system is 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;
9. Systems where less than 10% of the total volume of the tank(s) and associated piping is below the
surface of the ground.
10. Facilities containing radioactive material regulated under the Atomic Energy Act of 1954;
11. Emergency spill or overflow containment systems that are immediately emptied after
introduction of a regulated substance;
12. 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
13. Equipment or machinery that contains regulated substances for operational purpose such as
hydraulic lift tanks and electrical equipment tanks.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
OSWER Directive 9650.15
G-37
-------
Env-Ws 411.03 Definitions.
1. "API 1615" means American Petroleum Institute publication "Installation of Underground
Storage Tanks 1979"
2. "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.
3. "Connected piping" means all piping including valves, elbows, joints, flanges, and flexible
connectors attached to a tank or system through which regulated substances flow.
4. "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 systems and tanks.
5. "Division" means the Water Supply and Pollution Control Division of the Department of
Environmental Services.
6. "Free 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.
7. "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.
8. "Leak monitoring" means measurement for the presence of a regulated substance before a release
to the environment has occurred.
9. "Lining" means a coating of a non-corrosive material bonded to the interior surface of a tank.
10. "Monthly" means at least once every 30 days.
11. "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.
12. "NFPA 30" means National Fire Protection Association publication number 30 entitled,
"Flammable and Combustible Liquids Code", dated 1987.
13. "NFPA 329" means National Fire Protection Association publication number 329 entitled,
"Underground Leakage of Flammable and Combustible Liquids", dated 1987.
14. ""PEI/RP100-87" means Petroleum Equipment Institute Recommended Practices for
Installation of Underground Liquid Storage Systems, dated 1987.
15. "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.
16. "Reconcile" means 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 or loss of regulated substance.
17. "Regulated substance" means oil or a hazardous substance.
18. "Release detection" means measurement for the presence of a regulated substance which has
been released to the environment.
19. "System" means an underground storage tank(s) and all connected piping, pumps, containment
structures, monitors, or other equipment serving the tank(s).
20. "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.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
OSWER Directive 9650.15
G-38
-------
Env-Ws 411.04 Registration.
1. The owner of an underground storage facility shall register the facility by providing the
information required by Env-Ws 411.06.
2. Owners shall report in writing any change in information on the form within 10 days of the
change.
3. 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.
4. 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.
5. 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.
6. 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.
7. No person shall operate an underground storage facility which is not registered with the Division.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
Env-Ws 411.05 Change in Use. 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
use. Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90
Env-Ws 411.06 Information Required for Registration.
1. Registration of each underground storage facility shall contain a complete and detailed
description of each system of the underground storage facility.
2. Registration shall be completed in accordance with federal regulations 40 CFR PART 280.22.
Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90
Env-Ws 411.07 Permit to Operate.
1. No person shall operate an underground storage facility without a permit issued by the Division.
2. 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.
3. 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.
4. A permit issued under this section shall be displayed on the facility premises at all times.
5. Unless otherwise specified in RSA 146-C:4, the permit shall be valid for a period of 5 years.
6. The permit shall apply to all underground storage systems at the facility.
OSWER Directive 9650.15
G-39
-------
7. 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.
8. 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).
9. 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.
10. When a permit renewal application is received the Division shall determine the compliance
status of the systems 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.
11. 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.
12. 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 Transfer of Facility Ownership.
1. 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.
2. 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 rules.
Source. #3116, eff 9-17-85; amd by #3160 eff 12-16-85; ss by #4965, eff 11-2-90
Env-Ws 411.09 RESERVED. Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff
11-2-90
OSWER Directive 9650.15
G-40
-------
Env-Ws 411.10 Financial Responsibility.
1. 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.
2. The amount of financial responsibility required shall not limit an owner's or operator's liability for
damages caused by a release.
3. 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.
Sources. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
Env-Ws 411.11 Inventory Monitoring.
1. 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 with paragraph (k), below.
2. 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.
3. 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 receipts;
4. All bulk liquid sales or uses for each operating day;
5. Measurement of liquid stored as follows:
1. For systems without secondary containment and leak monitoring, measurement
of liquid stored for each operating day; or
2. For systems with secondary containment and leak monitoring, monthly
measurement of liquid stored; and
6. Monthly measurement of water level in each tank.
4. All records relating to inventory monitoring, including sales receipts, shall be maintained for a
period of 3 years.
5. 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 nearest 1/8 inch or by an automatic tank gauging device of
equivalent or better measuring accuracy.
6. The tank contents shall be measured and recorded before and after each bulk liquid delivery to the
tank
7. 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 reconciliation
shall be performed; or
2. For systems with secondary containment and leak monitoring, monthly reconciliation
shall be performed.
OSWER Directive 9650.15
G-41
-------
8. 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 loss 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
records for the period and the previous year to the Division within 5 days thereafter.
9. 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.
10. An owner shall perform tank tightness testing of any underground tank for which inventory
monitoring is not performed in accordance with Env-Ws 411.11(b), or for which records have
not been maintained in accordance with these rules.
11. Operators of on premise use heating oil systems may perform 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 and
ending of an idle period of at least 30 days, during which no oil is added to or removed
from 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 loss or gain of oil, the division shall be notified within 7 days.
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 systems which meet the requirements of these rules for new
systems shall not be subject to annual tank gauging requirements.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
Env-Ws 411.12 Regulated Substance Transfers.
1. 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.
2. Before that 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.
3. 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.
Source. #3116, eff 9-17-85; amd by #3160, eff 12-16-85; ss by #4965, eff 11-2-90
Env-Ws 411.13 Tightness Testing.
1. All underground storage systems without secondary 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.
OSWER Directive 9650.15
G-42
-------
2. 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.
3. 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.
4. 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.
5. 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;
13. Temperature measurement equipment and method;
14. Releveling procedure;
15. Date of last calibration and maintenance of equipment;
16. Test duration time; and
17. Vapor pocket measurement and elimination procedure.
6. 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.
7. The tightness test shall be capable of detecting a system leak rate of 0.05 gallon per 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.
8. 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.
9. Volumetric tightness tests shall conform to the following requirements:
1. There shall be a minimum waiting period of 8 hours after a 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
topped 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 same 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;
OSWER Directive 9650.15
G-43
-------
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;
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.
10. 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.
11. 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. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
Env-Ws 411.14 Certification of Technicians Performing Tightness Tests.
1. 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.
2. 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.
3. 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.
Source. #3116, eff 9-17-85
Env-Ws 411.15 Tightness Test Failures.
1. The person conducting the tightness test shall notify the Division and the facility owner and
operator immediately of a system tightness test failure.
2. A tightness test failure shall 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 performed, the repairs made, and any other actions taken in
response to the test failure;
OSWER Directive 9650.15
G-44
-------
5. Any underground storage system which fails a second, confirming test 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 the system instead of conducting
an investigation into the cause of the failure.
3. 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; ss by #4965, eff 11-2-90
Env-Ws 411.16 Unusual Operating Conditions.
1. 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.
2. Unusual system operating conditions which require reporting shall include:
1. Erratic behavior of dispensing equipment;
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.
3. 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.
4. 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; ss by #4965, eff 11-2-90
Env-Ws 411.17 Temporary Closure.
1. 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.
2. Within 30 days of temporary closure, the owner shall notify the Division in writing that the
system has been temporarily closed.
3. An underground storage system which has been temporarily closed for 1 year shall be
permanently closed in accordance with Env-Ws 411.18 unless the system meets all
requirements of these rules for a new system or a system with release detection.
4. An underground storage system which is temporarily closed shall not be placed back in service,
nor shall any regulated substance be introduced into the system 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
OSWER Directive 9650.15
G-45
-------
Env-Ws 411.18 Permanent Closure.
1. Steel underground storage systems without corrosion protection shall 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.
2. 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.
3. 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.
4. Permanent closure shall be accomplished as follows:
1. All product, liquid and sludge shall be removed from the system(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:
1. Test pits shall be excavated in the immediate vicinity of the system, and
representative soil or groundwater samples shall be obtained; or
2. Soil or groundwater samples shall be obtained from the excavation(s) resulting
from the removal of the tank(s); or
3. Existing release detection devices or subsurface monitoring locations shall be
sampled; or
4. 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.
5. Soil or groundwater samples shall also be taken at locations adjacent to the
system piping.
6. The soil or groundwater samples shall be screened for the presence of contamination in
the field, and submitted to an EPA certified laboratory for analysis, as follows:
1. Field screening of samples shall include visual and olfactory observation and
headspace analysis performed with a portable organic vapor meter (OVM) or
portable gas chromatograph (GC);
2. 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.
5. 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.
OSWER Directive 9650.15
G-46
-------
6. The excavation shall not be backfilled, nor shall the closed tank be removed from the site until the
Division has inspected the site and approved the closure. If the Division is unable to inspect the
site within 7 days, the Division shall grant permission for a consultant or other person
knowledgeable 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.
7. Underground storage systems which have not been temporarily or permanently closed shall be
subject to all requirements of these rules.
8. 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
Env-Ws 411.19 Prohibition Against Reusing Tanks.
1. Underground storage tanks which have been removed that do not meet the standards for new
tanks shall not be reused as underground storage tanks for regulated substances.
2. A tank once used for regulated substances shall not be reused to store food products or potable
water.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
Env-Ws 411.20 Requirements for Approval of Underground Storage Systems.
1. At least 90 days prior to commencing construction or installation of a new or replacement
underground storage 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
stamped by a registered professional engineer, licensed to practice in the state of New
Hampshire.
2. 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 these rules.
3. An owner shall not cause or allow a change which is not in accordance with the approved plans
and all terms and conditions of the Division's approval.
4. An approval shall be valid for 1 year from the date of issuance. If construction of the installation
is not completed within 1 year, the approval shall be void.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
Env-Ws 411.21 Tank Standards for New Underground Storage Systems.
1. All glass fiber reinforced plastic underground storage tanks 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.
OSWER Directive 9650.15
G-47
-------
2. All double-walled steel underground storage tanks designed for storing regulated substances shall
be manufactured with outer jackets of a minimum of 10 gauge in thickness.
3. All composite underground storage tanks designed for storing regulated substances shall be
manufactured in accordance with Underwriters Laboratories Standard 1746, or the Association
for Composite Tanks ACT-100.
4. All underground storage tanks designed for storing 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. A certificate which shows all of the information required above and which also shows the date
of installation and the regulated substances and percentages by volume of any additives which
may be stored permanently and compatibly within, shall be conspicuously displayed and
permanently affixed at the facility premises.
11. 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.
12. Owners 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 that each tank is guaranteed by the manufacturer against leakage for a
period of 10 years.
13. 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.
Source. #3116, eff 9-17-85; ss by #4965, eff 11-2-90
OSWER Directive 9650.15
G-48
-------
Env-Ws 411.22 Piping Standards for New Underground Storage Systems.
1. All new underground pipes, fittings, and connections shall be constructed of fiberglass reinforced
epoxy, galvanized steel, black iron, stainless steel, or copper.
2. 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 ASTM d-2517-66T, as approved and supplied by
manufacturer.
3. 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";
4. Copper tubing shall be contained in a non-metallic sleeve to protect it from damage and
corrosion.
5. 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.
6. Except when cathodic protection is provided by impressed current, underground metal piping
systems shall have di-electric bushings installed to electrically isolate the piping system from
the tank and the dispenser, or other end use point, and at any change in the metal type, such as
at flexible connectors.
7. If metal pipe is totally isolated from the soil via secondary containment, cathodic protection of the
piping shall not be required.
8. Steel or iron fittings used with fiberglass piping shall be thoroughly wrapped and sealed with a
dielectric material or shall be cathodically protected.
9. Stainless steel flexible connectors shall be thoroughly wrapped or coated to completely isolate
them from the soil and from metal piping to the pump, or shall be cathodically protected.
10. 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.
11. 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.
12. 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 Containment for New Tanks.
1. Secondary containment shall be provided for all new tanks.
2. A double-walled tank constructed in accordance with Env-Ws 411.21 shall satisfy the
requirements of this section for tank secondary containment.
3. 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;
OSWER Directive 9650.15
G-49
-------
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;
6. Top slabs shall be reinforced;
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.
4. The tank shall be encased or bedded in the vault in accordance with the manufacturer's
requirements.
5. All secondary containment access ports shall be conspicuously marked or labeled and shall be
secured.
Env-Ws 411.24 Secondary Containment for New Pressurized Piping.
1. All new underground storage pressurized piping and heating oil system return piping shall have
secondary containment by utilizing double wall piping or a piping trench liner system.
2. Piping systems with secondary containment shall continuously slope to direct any leakage from
the primary piping to a collection sump monitor. The collection sump(s) shall be physically
located at the tank(s).
3. Piping trench liner systems for single wall piping shall include monitoring sumps installed in
accordance with the manufacturer's requirements.
4. The submersible pump head of all new pressurized piping systems shall be surrounded by a
containment structure.
Source. #4965,eff11-2-90
Env-Ws 411.25 Spill Containment and Overfill Protection.
1. All new underground storage tanks shall be equipped with spill containment and overfill
protection devices at installation.
2. All underground storage tanks required to be equipped with spill containment and overfill
protection under rules previously in effect, shall comply with this section by October 1, 1991.
3. All underground storage tanks not subject to rules previously in effect, shall be equipped with
spill containment and overfill protection by October 1, 1992.
4. Spill containment equipment shall prevent the release of product to the environment when the
transfer hose is detached from the fill pipe, and shall have a minimum capacity of 5 gallons.
5. The overfill protection equipment shall alert the transfer operator when the tank is no more that
90% full by restricting the flow into the tank or by triggering a high level audible alarm, or shall
automatically shut off flow into the tank when the tank is no more than 95% full.
OSWER Directive 9650.15
G-50
-------
6. 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 Tanks.
1. Leak monitoring shall be installed and continuously operated for all new tanks.
2. Double-walled tanks shall have continuous monitoring of the interstitial space for both the
regulated substance and water.
3. 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.
4. The leak monitoring device shall be able to detect the regulated substance stored and its vapors if
the substance is volatile, as well as the presence of water.
Source. #4965, eff 11-2-90
Env-Ws 411.27 Leak Monitoring for New Underground Piping Systems.
1. New underground piping systems which operate under pressure shall be equipped with leak
monitoring.
2. 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.
3. 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.
4. 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.
Source. #4965, eff 11-2-90
Env-Ws 411.28 Installation of New Underground Storage Systems.
1. 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 according to PEI RP 100-87, API 1615, and
API 1632. Safety and testing requirements according to NFPA 30 and NFPA 329, shall be
complied with.
2. 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.
3. Whenever an existing tank is removed prior to the installation of a 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.
OSWER Directive 9650.15
G-51
-------
4. Whenever an existing tank is removed prior to the installation of a 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.
5. 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.
6. 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 point of use.
7. Piping shall slope continuously towards the tank at a minimum of 1/8 inch per foot.
8. 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.
9. 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.
10. The installer shall certify that the installation has been completed in accordance with approved
plans and specifications and manufacturer's requirements, in accordance with 40 CFR PART
280.22(f).
11. The new system shall not be backfilled or placed into service until final inspection has been
performed by the Division.
Source. #4965,eff11-2-90
Env-Ws 411.29 Release Detection for Tanks Without Secondary Containment and Leak
Monitoring.
1. 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
Deadline
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
2. 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.
3. 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.
4. 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 least 2 hours during each 24 hour
period.
OSWER Directive 9650.15
G-52
-------
5. 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
i;
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 for Installation;
4. 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 water 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 clearly 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.
6. 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 method(s) for monitoring shall provide at least 1 monthly test for the
presence of the regulated substance stored in the tank;
2. The stored liquid or approved tracer additive shall be sufficiently volatile to 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 the tank excavation zone, or shall
be placed as close to the tank(s) as possible;
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,eff11-2-90
Env-Ws 411.30 Release Detection for Piping.
1. 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,
OSWER Directive 9650.15
G-53
-------
owners shall submit a plan to the division which demonstrates that the release detection method
chosen meets the requirements of this section.
2. 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 gallons 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.
3. 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.
4. 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.
5. 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).
6. 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;
2. Groundwater monitoring in accordance with Env-Ws 411.29(e);
3. Soil vapor monitoring in accordance with Env-Ws 411.29(f).
7. 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.
Source. #4965,eff11-2-90
Env-Ws 411.31 Operation of Leak Monitoring Equipment.
1. 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, and
testing shall be maintained for the life of the system and shall be stored on the facility premises.
2. Leak monitoring devices shall not be shut off or deactivated at any time. Any malfunction shall
be repaired within 15 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.
3. 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.
4. All monitoring devices shall be conspicuously marked or labeled as being monitoring devices and
shall be secured against vandalism and incidental damage.
Source. #4965, eff 11-2-90
OSWER Directive 9650.15
G-54
-------
Env-Ws 411.32 Corrosion Protection for Steel Tanks.
1. All new underground storage tanks shall be protected from corrosion. Corrosion protection for
new tanks shall comply with 40 CFR PART 280.20(a).
2. 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).
3. 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. #4965,eff11-2-90
Env-Ws 411.33 Corrosion Protection for Piping.
1. 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).
2. 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).
Source. #4965, eff 11-2-90
Env-Ws 411.34 Submission of Corrosion Protection Plan. 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.Source. #4965, eff 11-2-90
Env-Ws 411.35 Relining Steel Tanks.
1. 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;
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.
2. Steel tank relining shall be accomplished in accordance with American Petroleum Institute
Publication 1631, "Recommended Practices for the Interior Lining of Existing Steel
Underground Storage Tanks".
3. Plans and specifications shall be submitted to the Division in accordance with Env-Ws 411.20.
4. The system shall be tightness test in accordance with Env-Ws 411.13 after relining of the tank is
completed.
OSWER Directive 9650.15
G-55
-------
5. The relining shall not be considered to affect any of the requirements of these rules relative to the
age of a tank.
6. 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.
7. 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.
Source. #4965,eff11-2-90
Env-Ws 411.36 Repair of Fiberglass-Reinforced Plastic Tanks.
1. An underground fiberglass-reinforced plastic tanks 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 purpose of
these rules.
2. Plans and specifications shall be submitted to the Division in accordance with Env-Ws 411.20.
3. Repairs shall be conducted in accordance with manufacturer's requirements or nationally
recognized codes and standards.
4. Following completion of the repair of the tank, and before backfilling, the system shall be
tightness tested in accordance with Env-Ws 411.13.
5. Documents shall be maintained for the life of the tank which describe the material(s)
manufacturer(s), contractor, date of repair, warrantees, procedures, materials, and other
information pertinent to the work.
Source. #4965, eff 11-2-90
Env-Ws 411.37 Repair and Replacement of Piping Systems.
1. Piping systems which discharge or release liquid shall be replaced by systems meeting the
requirements of Env-Ws 411.22.
2. 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. #4965, eff 11-2-90
Env-Ws 411.38 Field-Fabricated Tanks.
1. Field-fabricated underground storage tanks shall not be used unless the complete system is
designed by a registered structural engineer.
2. New field-fabricated tanks shall meet all requirements of these rules for new installations.
OSWER Directive 9650.15
G-56
-------
3. 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.
Source. #4965,eff11-2-90
Env-Ws 411.39 Secondary Containment for Hazardous Substance Systems.
1. All hazardous substance underground storage systems without secondary containment and leak
monitoring shall be closed by December 22, 1998.
2. Approval of secondary containment system installations shall be in accordance with Env-Ws
411.20.
Source. #4965, eff 11-2-90
Env-Ws 411.40 Waivers.
1. An owner may request a waiver of specific rules in this Part in accordance with paragraph (b)
below.
2. All requests 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 of the facility.
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;
4. 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.
3. 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.
4. No waiver shall be granted which, in the judgment of the Division, contravenes the intent of any
rule.
5. The Division shall issue a written response to a request for a waiver within 60 days of receipt of
the request.
Source. #4965, eff 11-2-90
OSWER Directive 9650.15
G-57
-------
APPENDIX G-4
SAMPLE INCORPORATION BY REFERENCE BINDERS
(NEW HAMPSHIRE)
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
ENV-WS 412
REPORTING AND REMEDIATION OF OIL DISCHARGES
November 1990
OSWER Directive 9650.15
G-58
-------
New Hampshire Code of Administrative Rules
Env-Ws 412
Reporting and Remediation of Oil Discharges
November 1990
N.H. Department of Environmental Services
CONTENTS
Section 412.01 Purpose
Section 412.02 Applicability
Section 412.03 Definitions
Section 412.04 Notification
Section 412.05 Initial Response Action
Section 412.06 Abatement Measures
Section 412.07 Free Product Removal
Section 412.08 Initial Site Characterization
Section 412.09 Investigation Due to Discovery of Discharges from Unknown Sources
Section 412.10 Site Investigation
Section 412.11 Site Investigation Report
Section 412.12 Remedial Action Plan
Section 412.13 Public Notification
Section 412.14 Waivers
OSWER Directive 9650.15
G-59
-------
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 of 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:
1. The discharge is less than 25 gallons;
2. The discharge is immediately contained;
3. The discharge and/or contamination is completely removed within 24 hours; and
4. There is no impact or potential impact to groundwater or surface water.
Source. #4966, eff 11-2-90
Env-Ws 412.03 Definitions.
1. "Discharge" means a leak, spill, or release of oil to the environment.
2. "Contamination" or "contaminated" means the results of discharge of oil into groundwater,
surface water or soil.
3. "Free Product" means oil which exists as a separate phase or layer of greater than 1/8" thickness
on water.
4. "Responsible Party" means an operator or other person who is strictly liable for a discharge of oil
under RSA 146-A:3-a.
5. "Receptor" means a living organism or an environmental medium which is exposed to
contamination from discharge.
6. "Site" means the place or location where a discharge is known or suspected to have occurred.
Source. #4966, eff 11-2-90
Env-Ws 412.04 Notification.
1. Persons notifying the 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;
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.
2. If the spill occurs during normal working hours, notification shall be directly to the Division. If
the reporting party is unable to contact the Division, notification shall be to the State Police.
Source. #4966, eff 11-2-90
OSWER Directive 9650.15
G-60
-------
Env-Ws 412.05 Initial Response Action. When a discharge occurs any responsible party shall take the
following actions immediately:
1. Assess the situation and evaluate fire, health and safety hazards;
2. Stop the discharge;
3. Contact the local fire department if a fire or safety hazard exists;
4. Notify the Division or State Police as required under Section Env-Ws 412.04;
5. Contain and remove all discharged oil and oil-contaminated debris;
6. Dispose of discharged oil and oil-contaminated debris in accordance with all applicable local,
state and federal rules;
7. Monitor and mitigate fire, health and safety hazards posed by vapors or free product; and
8. Take any action necessary to prevent environmental damage from the discharge.
Source. #4966, eff 11-2-90
Env-Ws 412.06 Abatement Measures. After initial response action, responsible parties shall perform the
following abatement measures:
1. Ensure that fire, health and safety hazards posed by free product or vapors continue to be
monitored and mitigated;
2. Remediate hazards posed by 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;
3. Investigate to determine the possible presence of free product; and
4. 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-Ws 412.07 Free Product Removal.
1. At sites where free product is present, responsible parties shall remove the free product in a
manner that minimizes the spread of contamination.
2. 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;
3. Free product removal systems shall be designed to completely remove free product;
4. Flammable products shall be handled in a safe and competent manner to prevent fires or
explosions; and
5. 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 person(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;
5. The type of treatment applied to any contaminated water pumped or extracted to effect
free product removal;
OSWER Directive 9650.15
G-61
-------
6. The steps 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.
Source. #4966, eff 11-2-90
Env-Ws 412.08 Initial Site Characterization.
1. 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 the nature of the discharge, and identify any receptors and potential receptors.
2. 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.
3. 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.
4. Environmental samples collected at the site may be field screened with an organic vapor analyzer
and shall be analyzed at an EPA certified laboratory.
5. 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:
1. Surrounding populations;
2. Water quality;
3. Use and approximate locations of drinking water supplies potentially affected by
the discharge;
4. Subsurface soil conditions;
5. Locations of underground utilities, drains, sewers; and
6. Land use.
3. Documentation of free product removal;
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 Discovery 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. Source. #4966, eff
11-2-90
OSWER Directive 9650.15
G-62
-------
Env-Ws 412.10 Site Investigation.
1. Upon completion of an initial site characterization, responsible parties shall investigate the
discharge, the discharge site, and the off-site surrounding area possibly affected by the
discharge unless the initial site characterization establishes that no free product is present, no
contaminated soils are present, and there is no present or potential groundwater or surface water
impact from the discharge.
2. The site investigation shall determine the location and full extent of contamination and identify
receptors and potential receptors.
3. Free product identified at any stage of the investigation shall be reported to the 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.
4. A recoverable bench mark shall be established at the site and if a USGS bench mark is within
1,000 feet of the site, elevations at the site shall be recorded using National Geodetic Vertical
Datum (NGVD).
5. 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.
Source. #4966, eff 11-2-90
Env-Ws 412.11 Site Investigation Report.
1. A site investigation report shall define the nature, extent, and magnitude of contamination and
identify threats to public health, welfare and to the environment.
2. 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 the property on which the site is located in relation
to surrounding properties;
5. A plot plan which meets the requirements of Env-Ws 412.11(c);
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:
1. Street names;
2. Adjacent properties;
3. Adjacent and nearby buildings;
4. Residences with basements;
5. Surface water bodies; and
6. Water supply wells within 1,000 feet of the site location.
8. Underground storage tank information, including:
1. Date of installation of all tanks on site, and date of removal of all tanks
previously located on the site;
2. Size and construction material of all tanks on site;
3. Substances presently and previously stored in all tanks;
OSWER Directive 9650.15
G-63
-------
4. Tank tightness test dates, methods, testers, and results, including data and
worksheets or calculations;
5. Type and location of release detection and corrosion protection for tanks and
lines; and
6. 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:
1. Date and description of the discharge, including the quantities lost and recovered,
and the location of the discharge;
2. Date the discharge was reported to the division; and
3. Cleanup action taken and assessment of offsite impacts, if any.
10. Results of on-site inspection during any tank removal, Including:
1. Description and location of any corrosion, visible leaks, or loose fittings;
2. The name, organization, address and telephone number of the official observer
such as the fire marshal, fire department or division representative, present
when tank(s) were removed;
3. A description of conditions in area of the tank excavation including contaminated
soil volumes, odors, sheens, visible product, bedrock, or tank anchors;
4. A description of sampling methodology and analytical field screening
measurements;
5. Photographs of moved tanks; and
6. 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.
13. A description of the geology of the site, including:
1. Soil types, thickness, classification, grain size, and texture;
2. Test pit and boring log data including textural description, drilling methods,
odors observed, blow counts, and water table observation; and
3. 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 discharge 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:
1. A summary description of the source or potential source(s) of the contamination;
2. A description of the current extent of contamination in the soil, surface water,
groundwater, and the presence of vapors;
3. Identification of potential receptors due to the presence or potential migration of
contaminants; and
4. Recommendations for further investigation and remediative measures.
3. 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
OSWER Directive 9650.15
G-64
-------
4. Surface contours and any spot elevations obtained shall be shown.
4. The plot plan required by Env-Ws 412.11(b)(5) shall show the following features and attributes if
applicable:
1. Buildings;
2. Paved areas;
3. Property lines;
4. Above ground tanks and other structures;
5. Surface water bodies;
6. Drainage swales;
7. Flood plains;
8. Areas of identified releases;
9. Areas of stressed or dead vegetation;
10. Areas of stained or discolored soil;
11. Underground tanks and associated piping;
12. Former locations of underground storage tanks;
13. Underground utilities;
14. Subsurface drains;
15. Septic systems and dry wells;
16. Soil borings and test pits;
17. Water supply wells; and
18. Piezometers and monitoring wells.
5. Maps and plans shall be printed on 8 1/2 X 11 inch or 11 X 17 inch sheets.
Sources. #4966, eff 11-2-90
Env-Ws 412.12 Remedial Action Plan.
1. Responsible parties required to conduct a site investigation under Env-Ws 412.10 shall submit a
remedial action plan for responding to and remediating contamination.
2. The plan shall provide for protection of human health and the environment.
3. 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);
4. 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.
4. 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.
5. The results of implementing the plan, including an evaluation of the effectiveness of the
remediation, shall be submitted to the Division.
6. 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;
OSWER Directive 9650.15
G-65
-------
2. Comply with any conditions imposed by the Division including halting remediation or
mitigating adverse consequences from remediation activities;
3. Incorporate these self-imitated remediation measures into the plan that is submitted to the
Division for approval; and
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.
1. 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.
2. Public notification shall be provided upon completion of a site investigation report and/or
remedial action plan, completed in accordance with these rules.
3. 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.
4. 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 Waivers.
1. The rules contained in this Part are intended to apply to a 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.
2. 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
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.
3. The Division shall approve a request for a waiver upon finding that the alternatives proposed are
at least 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.
4. No waiver shall be granted which, in the judgment of the Division, contravenes the intent of any
rule.
5. The Division shall issue a written response to a request for a waiver within 60 days of receipt of
the request.
OSWER Directive 9650.15
G-66
-------
Source. #4966, eff 11-2-90
OSWER Directive 9650.15 G-67
------- |