Epa HQ Ust 2011 0301 0450

Vol.
80 Wednesday,
No. 135 July 15, 2015
Part II
Environmental Protection Agency

40 CFR Parts 280 and 281
Revising Underground Storage Tank Regulations—Revisions to Existing
Requirements and New Requirements for Secondary Containment and
Operator Training; Final Rule
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41566 Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION either electronically in 1. Changes to Overfill Prevention

AGENCY www.regulations.gov or in paper copy at Equipment Requirements
the OSWER Docket, EPA/DC, WJC West 2. Internal Linings That Fail the Periodic
40 CFR Parts 280 and 281 Building, Room 3334, 1301 Constitution Lining Inspection and Cannot Be
Repaired
Ave. NW., Washington, DC. The Public 3. Notification
[EPA–HQ–UST–2011–0301; FRL 9913–64–
OSWER] Reading Room is open from 8:30 a.m. to 4. Compatibility
4:30 p.m., Monday through Friday, 5. Improving Repairs
RIN 2050–AG46 excluding Federal holidays. The 6. Vapor Monitoring and Groundwater
telephone number for the Public Monitoring
Revising Underground Storage Tank Reading Room is 202–566–1744, and the 7. Interstitial Monitoring Results, Including
Regulations—Revisions to Existing telephone number for the OSWER Interstitial Alarms, Under Subpart E
Requirements and New Requirements Docket is 202–566–0270. E. General Updates
for Secondary Containment and FOR FURTHER INFORMATION CONTACT:
1. Incorporate Newer Technologies
Operator Training 2. Updates to Codes of Practice Listed in
Elizabeth McDermott, OSWER/OUST the UST Regulation
AGENCY: Environmental Protection (5401P), Environmental Protection 3. Updates To Remove Old Upgrade and
Agency (EPA). Agency, 1200 Pennsylvania Avenue Implementation Deadlines
ACTION: Final rule.
NW., Washington, DC 20460; telephone 4. Editorial Corrections and Technical
number: 703–603–7175; email: Amendments
SUMMARY: The Environmental Protection mcdermott.elizabeth@epa.gov. F. Alternative Options EPA Considered
Agency (EPA or the Agency) is making V. Updates to State Program Approval
SUPPLEMENTARY INFORMATION:
certain revisions to the 1988 Requirements
Table of Contents VI. Overview of Estimated Costs and Benefits
underground storage tank (UST)
VII. Statutory and Executive Orders
regulation and to the 1988 state program A. Executive Order 12866: Regulatory
I. General Information
approval (SPA) regulation. These Does this action apply to me? Planning and Overview and Executive
changes establish Federal requirements II. Authority Order 13563: Improving Regulation and
that are similar to key portions of the III. Background Regulatory Review
Energy Policy Act of 2005 (EPAct); they A. Changes to the UST Regulations B. Paperwork Reduction Act
also update the 1988 UST and SPA B. History of the UST Laws and C. Regulatory Flexibility Act
regulations. Changes to the regulations Regulations D. Unfunded Mandates Reform Act
include: Adding secondary containment C. Potential Impact of This Regulation E. Executive Order 13132: Federalism
D. EPA’s Process in Deciding Which F. Executive Order 13175: Consultation
requirements for new and replaced Changes To Incorporate in the and Coordination With Indian Tribal
tanks and piping; adding operator Regulations Governments
training requirements; adding periodic E. Implementation Timeframe G. Executive Order 13045: Protection of
operation and maintenance IV. Revisions to the Requirements for Owners Children From Environmental Health
requirements for UST systems; and Operators of Underground Storage Risks and Safety Risks
addressing UST systems deferred in the Tank Systems H. Executive Order 13211: Actions
1988 UST regulation; adding new A. Establishing Federal Requirements for Concerning Regulations That
Operator Training and Secondary
release prevention and detection Significantly Affect Energy Supply,
Containment Distribution, or Use
technologies; updating codes of 1. Operator Training
practice; making editorial corrections I. National Technology Transfer and
2. Secondary Containment
and technical amendments; and Advancement Act
B. Additional Requirements for Operation
J. Executive Order 12898: Federal Actions
updating state program approval and Maintenance
To Address Environmental Justice in
requirements to incorporate these new 1. Walkthrough Inspections
Minority Populations and Low-Income
changes. EPA thinks these changes will 2. Spill Prevention Equipment Tests
3. Overfill Prevention Equipment Populations
protect human health and the K. Congressional Review Act
Inspections
environment by reducing the number of
4. Secondary Containment Tests
releases to the environment and quickly 5. Release Detection Equipment Tests I. General Information
detecting releases, if they occur. C. Addressing Deferrals
Does this action apply to me?
DATES: This rule is effective October 13, 1. UST Systems Storing Fuel Solely for Use
2015. by Emergency Power Generators— In the table below, EPA is providing
Require Release Detection
ADDRESSES: EPA established a docket a list of potentially affected entities
2. Airport Hydrant Fuel Distribution
for this action under Docket ID No. Systems and UST Systems With Field- using North American Industry
EPA–HQ–UST–2011–0301. All Constructed Tanks Classification System (NAICS) codes.
documents in the docket are listed on 3. Wastewater Treatment Tank Systems However, this final action may affect
the www.regulations.gov Web site. That Are Not Part of a Wastewater other entities not listed below. The
Although listed in the index, some Treatment Facility Regulated Under Agency’s goal with this section is to
information is not publicly available, Sections 402 or 307(b) of the Clean Water provide a guide for readers to consider
e.g., CBI or other information whose Act regarding entities that potentially could
4. USTs Containing Radioactive Material
disclosure is restricted by statute. and Emergency Generator UST Systems
be affected by this action. If you have
Certain other material, such as at Nuclear Power Generation Facilities questions regarding the applicability of
copyrighted material, will be publicly Regulated by the Nuclear Regulatory this action to a particular entity, consult
available only in hard copy. Publicly Commission the person listed in the FOR FURTHER
available docket materials are available D. Other Changes INFORMATION CONTACT section.
Federal Register / Vol. 80, No. 135 / Wednesday, July 15, 2015 / Rules and Regulations 41567
INDUSTRY SECTORS POTENTIALLY AFFECTED BY THE FINAL REGULATION

Industry sector NAICS code
Retail Motor Fuel Sales ............................................................................................................................................ 447.

Commercial (wholesale trade, retail trade, accommodation, and food services) .................................................... 42, 44–45, 72 (excluding 447).
Institutional (hospitals only) ...................................................................................................................................... 622.
Manufacturing ........................................................................................................................................................... 31–33.
Transportation (air, water, truck, transit, pipeline, and airport operations) .............................................................. 481, 483–486, 48811.
Communications And Utilities (wired telecommunications carriers; and electric power generation, transmission, 5171, 2211.
and distribution).
Agriculture (crop and animal production) ................................................................................................................. 111, 112.
II. Authority • Address UST systems deferred in among states and in Indian country.
EPA is revising these regulations the 1988 UST regulation; Secondary containment will reduce
• Include updates to current releases to the environment by
under the authority of sections 2002,
technology and codes of practices; containing them within a secondary
9001, 9002, 9003, 9004, 9005, 9006, • Make technical and editorial
9007, 9010, and 9012 of the Solid Waste area and detecting them before they
corrections; and reach the environment. Operator
Disposal Act (SWDA) of 1965, as • Update the SPA regulation to
amended (commonly known as the training will educate UST system
address the changes listed above.
Resource Conservation and Recovery In 1988, EPA first promulgated the operators and help them prevent
Act (RCRA)) [42 U.S.C. 6912, 6991, UST regulation (40 CFR part 280) to releases by complying with the
6991(a), 6991(b), 6991(c), 6991(d), prevent, detect, and clean up petroleum regulation and performing better
6991(e), 6991(f), 6991(i), and 6991(k)]. releases into the environment. The 1988 operation and maintenance of their UST
UST regulation required new UST systems.
III. Background
systems to be designed, constructed, Since the beginning of the UST
A. Changes to the UST Regulations and installed to prevent releases; program, preventing petroleum and
After reviewing and incorporating existing UST systems had to be hazardous substance releases from UST
comments received during the five upgraded to prevent releases. In systems into the environment has been
month public comment period, EPA is addition, owners and operators were one of the primary goals of the program.
finalizing certain changes to the 1988 required to perform release detection, Although EPA and our partners have
UST regulation in 40 CFR part 280. EPA demonstrate financial responsibility,
made significant progress in reducing
is also revising its SPA regulation in 40 and clean up releases.
The Energy Policy Act of 2005 the number of new releases,
CFR part 281 to incorporate the changes approximately 6,000 releases are
in 40 CFR part 280. amended Subtitle I of SWDA, the statute
that authorized the UST program. Key discovered each year as of FY 2013.2
These revisions strengthen the 1988 Lack of proper operation and
UST regulation by increasing the Energy Policy Act provisions (such as
secondary containment and operator maintenance of UST systems is the main
emphasis on properly operating and cause of new releases. Information on
training) apply to all states and United
maintaining equipment. The 1988 UST sources and causes of releases shows
States’ territories, hereafter referred to as
regulation required owners and
states, receiving federal Subtitle I money that releases from tanks are less
operators to have spill, overfill, and
under SWDA, regardless of their state common than they once were. However,
release detection equipment in place for
program approval status, but do not releases from piping and spills and
their UST systems, but did not require
apply in Indian country. The United overfills associated with deliveries have
proper operation and maintenance for
States has a unique legal relationship emerged as more common problems. In
some of that equipment. For example,
with federally recognized Indian tribes. addition, releases at the dispenser are
EPA required spill prevention
This government to government one of the leading sources of releases.
equipment to capture drips and spills relationship includes recognizing the
when the delivery hose is disconnected Finally, data show that release detection
rights of tribes as sovereign governments equipment is only detecting
from the fill pipe, but did not require with the right to self-determination and
periodic testing of that equipment. approximately 50 percent of releases it
acknowledging the federal government’s
These revisions require that UST is designed to detect. These problems
trust responsibility to tribes. As a result,
equipment is operated and maintained are partly due to improper operation
EPA directly implements the UST
properly, which will improve program in Indian country. and maintenance. See section IV.B,
environmental protection. These In order to establish federal UST Additional Requirements for Operation
revisions also acknowledge requirements that are similar to the UST and Maintenance for a more detailed
improvements in technology over the secondary containment and operator discussion of problems.
last 26 years, including the ability to training requirements of the Energy EPA relied on two draft causes of
detect releases from UST systems Policy Act, EPA decided to revise the releases studies to help support this
deferred in the 1988 UST regulation. 1988 UST regulation. These revisions final UST regulation. Petroleum
EPA is revising the 1988 UST also fulfill objectives in EPA’s August Releases at Underground Storage Tank
regulation to:
2006 UST Tribal Strategy,1 where both Facilities in Florida contains release
• Establish federal requirements that EPA and tribes recognized the
are similar to certain key provisions of data on 512 releases from new and
importance of requirements that ensure
the Energy Policy Act of 2005; parity in program implementation
• Ensure owners and operators 2 Semi-Annual Report Of UST Performance
properly operate and maintain their 1 2006Tribal Strategy, http://epa.gov/oust/ Measures, End Of Fiscal Year 2013, http://epa.gov/
UST systems; fedlaws/tribalst.htm. oust/cat/camarchv.htm.
upgraded tanks in Florida.3 The second facility regulated under sections 402 or minimum standards for new UST
draft study, Evaluation of Releases from 307(b) of the Clean Water Act, USTs systems and required owners and
New and Upgraded Underground containing radioactive material, and operators of existing UST systems to
Storage Tank Systems, contains release emergency generator UST systems at upgrade, replace, or close them. In
data on 580 releases from new and nuclear power generation facilities addition, after 1988 owners and
upgraded tanks in 23 states across the regulated by the Nuclear Regulatory operators were required to report and
Northeast, South, and Central parts of Commission. See section IV.C, clean up releases from their USTs. The
the United States.4 Taken together, these Addressing Deferrals, for more 1988 UST regulation set deadlines for
draft studies provide information on information. owners and operators to meet those
1,092 releases in 24 of 50 states. The EPA is revising the 1988 SPA requirements by December 22, 1998.
data in the two studies generally regulation (40 CFR part 281) to address Owners and operators who chose to
provide a representative sampling of the changes to 40 CFR part 280. By upgrade or replace had to ensure their
releases across the United States, doing so, states will generally need to UST systems included spill and overfill
because nearly half of the states adopt the 40 CFR part 280 changes prevention equipment and were
contributed to the studies. Both drafts finalized today in order to obtain or protected from corrosion. In addition,
were peer reviewed but never finalized retain SPA. owners and operators were required to
because passage of the Energy Policy Please note that, although not a part monitor their UST systems for releases
Act of 2005 required a reallocation of of this final UST regulation, owners and using release detection (phased in
personnel and resources. Even though operators may also be subject to other through 1993, depending on when their
these studies were never finalized, the requirements related to underground UST systems were installed). Finally,
underlying data and calculations can be storage tank systems. For example, owners and operators were required to
used to support this final UST EPA’s Office of Air and Radiation has demonstrate financial responsibility
regulation because that information did national emission standards for (phased in through 1998), which
not change as a result of the peer review hazardous air pollutants for various ensured they have financial resources to
process. These studies are available in source categories, including gasoline pay for cleaning up releases. EPA has
the docket for this final action. dispensing facilities (see 40 CFR part not significantly changed the UST
Many USTs currently in the ground 63). These standards include some regulation since 1988.
were upgraded to meet the spill, testing for UST systems, depending on In 1988, EPA also promulgated a
overfill, corrosion protection, and the monthly throughput of the facility. regulation for state program approval
release detection requirements in the Finally, EPA allows owners and (40 CFR part 281). Since states are the
1988 UST regulation. As these USTs operators the flexibility to maintain primary implementers of the UST
continue to age, it is vital that we ensure either paper or electronic records to program, EPA established a process
they are still working as intended. These demonstrate compliance with this final where state programs could operate in
revisions to the 1988 UST regulation UST regulation. EPA encourages owners lieu of the federal program, if states met
focus on ensuring equipment is and operators to maintain records certain requirements and obtained state
working, rather than requiring UST electronically, which promotes program approval from EPA. The state
owners and operators to replace or innovation 5 and simplifies compliance program approval regulation describes
upgrade equipment already in place. by using 21st century technology tools.6 minimum requirements states must
The 1988 UST regulation requires meet so their programs can be approved
owners and operators to use equipment B. History of the UST Laws and and operate in lieu of the federal
that could help prevent releases. These Regulations program.
revisions highlight the importance of In 1984, Congress responded to the In 2005, the Energy Policy Act further
operating and maintaining UST increasing threat to groundwater posed amended Subtitle I of SWDA. The
equipment so releases to the from leaking USTs by adding Subtitle I Energy Policy Act required states
environment are prevented or quickly to SWDA, commonly referred to as receiving Subtitle I money from EPA to
detected. RCRA. Subtitle I of SWDA required EPA meet certain requirements. EPA
This final UST regulation addresses to develop a comprehensive regulatory developed grant guidelines for states
UST systems deferred in the 1988 UST program for USTs storing petroleum or regarding: Operator training;
regulation by removing the deferral and certain hazardous substances, ensuring inspections; delivery prohibition;
regulating UST systems with field- that the environment and human health secondary containment; financial
constructed tanks, airport hydrant fuel are protected from UST releases. In responsibility for manufacturers and
distribution systems that meet the UST 1986, Congress amended Subtitle I of installers; public record; and state
definition, and UST systems storing fuel SWDA and created the Leaking compliance reports on government
solely for use by emergency power Underground Storage Tank Trust Fund USTs.7 The operator training and
generators. Note that aboveground to implement a cleanup program and secondary containment requirements
storage tanks associated with UST pay for cleanups at sites where the are two major pieces of the Energy
systems with field-constructed tanks owner or operator is unknown, Policy Act that did not apply in Indian
and airport hydrant fuel distribution unwilling, or unable to respond, or country, but will now apply with
systems that meet the UST definition which require emergency action. publication of this final UST regulation.
are partially excluded in this final UST In 1988, EPA promulgated the UST
regulation. EPA is partially excluding regulation (40 CFR part 280), which set C. Potential Impact of This Regulation
wastewater treatment tank systems that This final UST regulation will
are not part of a wastewater treatment
5 Executive Order 13563, ‘‘Improving Regulation improve parity in program

And Regulatory Review,’’ Section 3, see http:// implementation among states and in
3 Petroleum Releases At Underground Storage www.gpo.gov/fdsys/pkg/FR-2011-01-21/pdf/2011-
1385.pdf.
Indian country. This regulation is
Tank Facilities In Florida, Peer Review Draft, US
EPA/OUST, March 2005. 6 EPA Budget in Brief, February 2012, p. 4, see adding to the federal UST regulation
4 Evaluation Of Releases From New And http://yosemite.epa.gov/sab/sabproduct.nsf/
Upgraded Underground Storage Tanks, Peer 2B686066C751F34A852579A4007023C2/$File/ 7 EPA guidelines for the Energy Policy Act can be
Review Draft, US EPA/OUST, August 2004. FY2013_BIB.pdf. found at: http://epa.gov/oust/fedlaws/epact_05.htm.
certain requirements, which will apply with state review of the changes. EPA commenters. For example, several
in Indian country. These requirements prepared an analysis of the potential commenters provided water disposal
are similar to the Energy Policy Act’s incremental costs and benefits costs associated with spill bucket
operator training and secondary associated with this action. This testing. While the RIA for the 2011
containment requirements, which apply analysis is contained in the regulatory proposed UST regulation assumed these
in states receiving federal Subtitle I impact analysis (RIA) titled Assessment costs were part of the spill prevention
money from EPA. This action will also of The Potential Costs, Benefits, and testing cost, EPA adjusted this
further strengthen protection of human Other Impacts of the Final Revisions to assumption to reflect that, in some
health and the environment from UST EPA’s Underground Storage Tank cases, owners and operators will incur
releases by increasing the emphasis on Regulations, which is available in the additional costs to dispose of the water.
proper operation and maintenance of docket for this action. Numerous A summary of these impacts is provided
release prevention and release detection commenters submitted input relaying in section VI, Overview of Estimated
equipment. These revisions also reflect their concerns about the costs and Costs and Benefits, and in the table
improvements in technology that allow feasibility of specific requirements in below. Note that due to data and
for the ability to prevent and quickly the 2011 proposed UST regulation. EPA resource constraints, EPA was unable to
detect releases for many tank systems considered these comments and quantify or monetize some of this final
currently deferred from regulation adjusted this final UST regulation to UST regulation’s benefits, including
under Subtitle I. alleviate some of the burden on owners avoidance of human health risks,
The regulatory changes finalized and operators. For example, EPA is groundwater protection, ecological
today impose costs to owners and requiring testing of spill prevention benefits, and mitigation of acute
operators of existing regulated UST equipment every three years instead of exposure events and large-scale releases
systems and owners and operators of annually. EPA also adjusted some of the (e.g., releases from airport hydrant
USTs deferred in the 1988 UST assumptions underlying the RIA to distribution systems and UST systems
regulation, as well as costs associated reflect information received from with field-constructed tanks).
COSTS AND BENEFITS OF THE UST REGULATION

[2012$ Millions] *
7% discount rate 3% discount rate
Total Annual Social Costs .................................................... $160 ..................................................................................... $160.

Total Annual Avoided Costs ................................................. $310 ..................................................................................... $360.
Range: ($120–$530) ............................................................ Range: ($130–$610).
Net Cost (Savings) To Society ............................................. ($160) ................................................................................... ($200).
Range: $40–($370) .............................................................. Range: $25–($450).
* Totals may not add up due to rounding
EPA also prepared a risk assessment requirements in states receiving federal about costs to owners and operators and
for the 2011 proposed UST regulation Subtitle I money from EPA. However, the importance of limiting requirements
titled Risk Analysis to Support Potential no similar requirements would apply in for retrofits. In developing this action,
Revisions to Underground Storage Tank Indian country until EPA promulgates a EPA reached out to stakeholders
(UST) Regulations. The risk assessment regulation. Both EPA and tribes are involved in all aspects of the tank
examined potential impacts to committed to ensuring program parity program, provided multiple
groundwater and subsequent chemical between states and in Indian country, opportunities for sharing ideas, and kept
transport, exposure, and risk. EPA and this final UST regulation achieves stakeholders informed of progress.
decided not to spend resources to this parity. As a result of the information
finalize the risk assessment through a For the past 26 years, the 1988 UST collected during our extensive outreach
formal peer review process, because the regulation worked well to provide to stakeholders, EPA published
results from the risk assessment did not environmental protection. However, proposed regulations in the November
materially impact the RIA. Changes over two decades of experience 2011 Federal Register.8 In order to
brought about by this final UST implementing the UST program have ensure all stakeholders had an
regulation are not expected to shown there are a number of areas opportunity to comment, EPA provided
significantly alter these outcomes. The where EPA can improve the UST a five month public comment period on
risk assessment developed for the 2011 program and increase environmental the proposed UST and SPA regulations.
proposed UST regulation is available for protection. For example, updating the A number of commenters provided
review in the docket. UST regulation to reflect current general input on EPA’s 2011 proposal to
technologies and ensuring release update the UST and SPA regulations.
D. EPA’s Process in Deciding Which prevention and release detection
Changes To Incorporate in the Many commenters appreciated the
equipment are properly operated and extensive stakeholder outreach EPA
Regulations maintained have surfaced as areas conducted prior to drafting the
After the Energy Policy Act became needing improvement and are included proposed changes to the UST and SPA
law, EPA recognized a need to revise the as part of this final UST regulation.
1988 UST regulation. The Energy Policy Throughout the regulatory 8 Proposed Rule Revising the Underground
Act required additional measures to development process, EPA embraced an Storage Tanks Regulation. Federal Register.
protect groundwater (either with open, inclusive, and transparent process November 18, 2011. https://
www.federalregister.gov/articles/2011/11/18/2011-
secondary containment or financial so all UST stakeholders had an 29293/revising-underground-storage-tank-
responsibility for manufacturers and opportunity to share their ideas and regulations-revisions-to-existing-requirements-and-
installers) and operator training concerns. EPA recognizes concerns new.
regulations. A few commenters believed topics in the 2011 proposed UST and those concerns regarding the potential
EPA’s outreach was not adequate. EPA SPA regulations. We discuss these costs on small businesses, and worked
conducted extensive stakeholder comments throughout the preamble for to minimize those costs by making
outreach before publishing the proposal; this action. Several commenters certain changes to the final regulations.
we held more than 100 meetings with opposed the changes to the regulations EPA did not change this final UST and
stakeholders during the two years prior due to concerns about potential costs on SPA regulations when comments were
to issuing the 2011 proposed UST and owners, especially small businesses. A beyond the scope of the regulations or
SPA regulations. To further understand few commenters requested EPA beyond EPA’s statutory authority.
comments and concerns, EPA continued withdraw the entire proposal and
to meet with all interested stakeholders E. Implementation Timeframe
conduct a small business advocacy
during and after the five month public
review panel under the Regulatory This final UST regulation aligns the
comment period.
Most commenters expressed support Flexibility Act. EPA carefully implementation time frames for the new
for the general revisions to the 1988 considered the potential impacts of the operator training, operation and
UST and SPA regulations. They proposal on small businesses and maintenance, and previously deferred
supported updating the regulations determined that a small business panel UST system requirements. The table
because technology has changed a great was not required. EPA also considered below provides the implementation
deal since the 1980s. Many commenters all of the comments submitted during time frames for each of the new
provided specific concerns on particular the public comment period, including requirements.
IMPLEMENTATION TIME FRAMES FOR NEW REQUIREMENTS
New requirement Implementation time frame
Flow restrictors in vent lines may no longer be used to meet the overfill prevention requirement at new in- Owners and operators must begin
stallations and when an existing flow restrictor is replaced. meeting these requirements on
Testing following a repair ................................................................................................................................... the effective date of this final
UST regulation.
Closure of internally lined tanks that fail the internal lining inspection and cannot be repaired according to a
code of practice.
Notification of ownership changes.
Demonstrating compatibility.
For airport hydrant fuel distribution systems and UST systems with field-constructed tanks:
• Notification and financial responsibility.9
• Release reporting.
• Closure.
Operator training ................................................................................................................................................ Owners and operators must begin
For previously deferred UST systems: meeting these requirements
• Subpart D for UST systems that store fuel solely for use by emergency power generators ........................ three years after the effective
date of this final UST regulation.
• Subpart K (except notification, financial responsibility, release reporting, and closure) for airport hy-
drant fuel distribution systems and UST systems with field-constructed tanks.
Spill prevention equipment testing ..................................................................................................................... Owners and operators must con-
Overfill prevention equipment inspections ......................................................................................................... duct the first test or inspection
Containment sump testing for sumps used for piping interstitial monitoring .................................................... within three years after the effec-
tive date of this final UST regula-
tion.
Release detection equipment testing.
Walkthrough inspections.
EPA proposed different education and outreach or apply to new operators who have concrete plans but
implementation time frames for the installations, repairs, or releases. EPA is have not yet applied for or obtained
various requirements, and for several allowing up to three years for owners approvals or permits for a new UST
requirements, a phased in approach and operators to implement the system installation.
based on tank age. Based on commenter requirements that require significant
IV. Revisions to the Requirements for
input, EPA is not using the phased in outreach, equipment to be upgraded or
Owners and Operators of Underground
approach and instead is requiring installed (such as for previously
Storage Tank Systems
owners and operators to meet the deferred UST systems), or scheduling
requirements as described in the and testing. Three years allows ample The following sections describe this
implementation table above. In time for implementing agencies to final UST regulation, starting with
addition, with one exception EPA is educate owners and operators about this establishing new requirements for
aligning implementation of the new requirements and allows owners operator training and secondary
requirements in this final UST and operators to schedule testing. The containment. The next four sections
regulation to begin on the effective date exception to implementing the
of the UST regulation or three years requirements immediately or in three 9 Note that EPA is requiring owners and operators
after the effective date of the UST years is that EPA is implementing the to also submit a one-time notification of existence
regulation. The requirements secondary containment requirement 180 for these UST systems within 3 years of the
days after the effective date of the UST effective date of this final UST regulation. Owners
implemented on the effective date of the and operators must demonstrate financial
final UST regulation are those that regulation. The 180 day time frame responsibility when they submit the one-time
either do not require significant allows flexibility for those owners and notification form
address changes to the 1988 UST Class A, B, and C operators will have a how the term is used in this final UST
regulation, organized by topic: minimum level of knowledge about regulation.
Additional requirements for operation their UST system requirements.
How Operators Are Designated
and maintenance; addressing UST
Definitions This final UST regulation indicates
systems deferred in the 1988 UST
regulation; other changes to improve EPA is adding definitions for the three how UST owners and operators are to
release prevention and release operator classes requiring training to designate the three operator classes for
detection; and general updates to the distinguish them from the term operator their facilities. UST owners and
1988 UST regulation. Finally, there is a originally defined in the 1988 UST operators must designate at least one
section describing alternative options regulation and maintained in this final Class A and B operator at each facility.
considered. UST regulation. Only if Class A, B, or Class A and B operators may provide
C operators meet the definition of training to Class C operators, which
A. Establishing Federal Requirements should help UST owners and operators
for Operator Training and Secondary operator will they be subject to the same
responsibilities and liabilities as an comply with this requirement. The UST
Containment owner and operator must ensure Class C
operator. EPA’s definitions of Class A,
1. Operator Training B, and C operators do not relieve UST operator training is documented.
system owners and operators from legal Because Class C operators’ duties
This final UST regulation adds a new typically require them to provide initial
subpart J, which contains operator responsibility for complying with the
UST regulation. EPA based the three responses to emergencies, individuals
training requirements to ensure properly who meet the Class C operator
trained individuals operate all regulated operator class definitions on duties each
typically perform at UST facilities. definition must be designated as such
UST systems. The operator training and trained in UST system emergency
provision of the Energy Policy Act of Commenters on the 2011 proposed UST
response—for example response to
2005 requires implementing agencies, as regulation indicated this final UST
release detection alarms, spills, or
a condition of receiving federal Subtitle regulation should further differentiate
releases. EPA received several
I money, develop state-specific training Class A, B, and C operators from EPA’s
comments on the 2011 proposed UST
requirements for three classes of UST definition of operator. EPA agrees with
regulation requesting we require only
system operators. EPA issued grant commenters and is changing the title of
one Class C operator be designated. The
guidelines that provide minimum § 280.241 to Designation of Class A, B,
final UST regulation requires all
requirements state operator training and C operators in the final UST
individuals who meet the definition of
programs must include in order for regulation. This change correctly
Class C operator be trained. EPA
states to continue receiving federal identifies the individuals who must be maintains that the initial response to
Subtitle I money.10 All states are designated. emergencies provided by this operator
implementing or plan to implement With the exception of the definition class is important to environmental
operator training. The EPAct did not for the Class C operator, the operator protection. Requiring training for all
specifically require operator training in class definitions remain unchanged individuals who meet the Class C
Indian country. To bring UST systems from the 2011 proposed UST regulation. operator definition will increase the
in Indian country to the same level of Several commenters pointed out that likelihood UST system emergencies are
protection as UST systems in states, this UST system owners and operators were, quickly and appropriately addressed.
final UST regulation implements at the time of the 2011 proposed UST This does not mean all workers need to
operator training requirements. regulation, using contractors to perform be trained. For example, numerous
This final UST regulation closes the Class C operator functions. Some workers at convenience stores do not
gap in coverage and ensures all commenters believed EPA was control or monitor dispensing or sale of
operators designated as Class A, B, or C restricting the use of a contractor as a petroleum products, nor are they
operators are trained according to their Class C operator since the proposal responsible for initial alarms. As a
level of responsibility. Sufficiently required a Class C operator to be an result, it is unnecessary to designate and
training designated UST operators will employee. EPA agrees; we are removing train these individuals to meet Class C
increase compliance with regulatory the restriction. EPA does not intend for operator training requirements.
requirements. In addition, operator the operator training requirements to In addition, EPA acknowledges some
training should decrease UST system restrict UST system owners and readers might misinterpret that control
releases by educating Class A, B, and C operators who are using contractors to of the dispensing operation described in
operators about their UST system operate their UST systems. the definition of the Class C operator
requirements and result in greater EPA added a definition for training applies to anyone fueling a vehicle. The
protection of human health and the program in the 2011 proposed UST level of UST system control and
environment. regulation; we are modifying it in this responsibility of individuals who must
The operator training requirements in final UST regulation. It is important that be trained excludes customers who are
this final UST regulation are consistent training programs for Class A, B, and C pumping product into their vehicles.
with the requirements in EPA’s operator operators include both sharing For example, police officers using an
training grant guidelines for states. In information and evaluating knowledge. unmanned facility would not have to
both, EPA establishes minimum Several commenters requested meet Class C operator training
operator training requirements, yet clarification on how EPA expected requirements unless they are
allows flexibility to tailor training knowledge to be verified. To address responsible, as specifically tasked by
programs for specific needs. This means these requests, EPA changed the UST system owners and operators, to
that although there may be variations definition of training program by adding respond to emergencies and alarms
among operator training programs, all the phrase ‘‘through testing, practical caused by spills or releases from the
10 Grant Guidelines To States For Implementing
demonstration, or another approach UST system.
The Operator Training Provision Of The Energy
acceptable to the implementing In the preamble to the 2011 proposed
Policy Act Of 2005: www.epa.gov/oust/fedlaws/ agency.’’ This addition clarifies the UST regulation, EPA acknowledged that
optraing.htm. definition and makes it consistent with many UST owners and operators might
want to designate one person at an UST authorities, in response to emergencies § 280.244 to address conflicts of interest.
facility to fulfill more than one class of or alarms caused by spills or releases This final UST regulation requires the
operator. This final UST regulation from UST systems. training program or comparable
allows one person to serve in multiple • For all operator classes, the test is examination to be developed or
operator classes; however, that person based on the training program and administered by an independent
must be trained for each class evaluates the minimum knowledge organization, the implementing agency,
designated. required for the operator class. or a recognized authority. These
EPA is aware owners and operators EPA received several comments on retraining restrictions will help address
rely on contractors to perform various the description of Class C operator any ineffective training approaches.
UST system tasks, including those of training requirements. One commenter This final UST regulation allows a
Class A, B, and C operators. Because of suggested EPA should clarify the scope variety of ways to train operators,
the current use of contractors, EPA is of emergencies a Class C operator is including classroom, computer based,
allowing UST owners and operators to trained on. This final UST regulation hands on, and any combination of these.
designate contractors as their Class A, B, requires Class C operators receive In lieu of completing a training program,
and C operators, as long as they are training on emergencies or alarms Class A, B, or C operators can pass a
trained in all areas for the class of caused by spills or releases from comparable examination—such as
operator designated. UST owners and operating UST systems. EPA also agrees classroom, Internet, or computer
operators must maintain documentation with the comment regarding Class C based—that meets the requirements for
containing individual names (not just operator training avoiding triggering the operator training described in this final
company names) of Class A, B, and C Hazardous Waste Operations and UST regulation.
operators. This will allow implementing Emergency Response (HAZWOPER)
standard. HAZWOPER is the United When Designated Operators Must
agencies to use individual names, rather
States’ recognized standard of safety Complete Operator Training
than company names, when verifying
training, retraining, and refresher requirements employers and their This final UST regulation requires
training. subcontractors or public sector UST owners and operators ensure all
responders must meet in order to Class A, B, and C operators successfully
Who Must Be Trained conduct cleanups or emergency complete a training program or a
This final UST regulation requires response operations. The level of comparable examination within three
training for designated Class A, B, and training in this standard is beyond that years of the effective date of this final
C operators at UST systems regulated which EPA intends for Class C UST regulation. EPA proposed a phased
under Subtitle I. This includes UST operators. This final UST regulation in approach over three years, based on
systems at attended and unattended modifies the training requirements for UST installation dates because older
facilities. An unattended UST facility Class C operators and clarifies that USTs potentially pose a greater risk to
means a Class A, B, or C operator might appropriate actions Class C operators the environment and Class A, B, and C
not be present when a facility is can take include notifying appropriate operators of those systems should be
operating. Nonetheless, even for authorities. trained first. EPA received comments
unattended UST facilities, owners and For each class of operator, EPA strongly indicating EPA should not
operators must designate and train Class considered developing specific training phase in the operator training
A, B, and C operators. curricula prescribing length of training, requirements. EPA agrees with
topic areas, and trainer qualifications. commenters that it is less confusing to
Requirements for Operator Training Instead, this final UST regulation establish a single compliance date for
In the operator training grant provides general criteria and this requirement. EPA is aligning
guidelines for states, EPA based the requirements, because they provide implementation of operator training
three operator classes on duties each flexibility while ensuring each class of with the three year inspection
typically perform at UST facilities. operator is trained in a way that is requirement, which will make it easier
Building on that, this final UST comparable to EPA’s operator training for UST system owners and operators to
regulation requires each person grant guidelines for states. EPA also comply.
designated in an operator class to modified the lists of training Consistent with EPA’s operator
participate in a specific training requirements for Class A and B training grant guidelines, new operators
program or pass an examination operators from those identified in the designated after the three year
comparable to the training program. 2011 proposal. The modifications made implementation period must be trained
• For Class A operators, the training it clearer that new operation and as follows:
program must teach and evaluate their maintenance inspection and testing, and • Class A and B operators must be
knowledge to make informed decisions compatibility demonstration trained within 30 days of assuming
regarding compliance and determine requirements must be covered by duties
whether appropriate people are operator training programs and • Class C operators must be trained
performing the operation, maintenance, comparable examinations. before they assume their duties because
and recordkeeping requirements for EPA received several comments they must be able to immediately
UST systems. regarding restrictions on who may respond to emergencies
• For Class B operators, the training develop and administer the evaluation
program must teach and evaluate their component of training, as well as Retraining
knowledge and skills to implement UST restrictions on who may train Class A Class A and B operators are
regulatory requirements on typical UST and B operators. This final UST responsible for ensuring their UST
system components or site-specific regulation removes those restrictions systems are compliant. Generally, Class
equipment at UST facilities. because they could prohibit in-house A and B operators need to be retrained
• For Class C operators, the training and other potentially viable training. if the UST systems they are responsible
program must teach and evaluate their EPA supports a variety of operator for are determined to be out of
knowledge to take appropriate action, training approaches. However, for compliance. At a minimum, retraining
including notifying appropriate retraining, EPA is revising language in must cover those areas the
implementing agency determines are of interest and other concerns during The Energy Policy Act of 2005
out of compliance. Retraining must be retraining. requires implementing agencies, as a
completed within 30 days of the EPA considered requiring retraining condition of receiving federal Subtitle I
implementing agency’s final when UST facilities change equipment, money, implement additional measures
determination of noncompliance. This but decided this would be a significant to protect groundwater. Under EPAct,
final UST regulation allows designated burden on both the regulated implementing agencies’ choices to
operators to take annual refresher community and implementing agencies. protect groundwater are: Secondary
training in lieu of retraining, as long as However, if an UST system is out of containment (including UDC); or
all training areas required by regulation compliance because of an equipment financial responsibility for
are covered. Designated operators must change, EPA is requiring that UST manufacturers and installers (and
be subject to the annual refresher owners and operators ensure Class A installer certification). All states are
training in place at the time of the and B operators are retrained as implementing or plan to implement
violation. discussed above. secondary containment. The EPAct did
This final UST regulation also allows not specifically require additional
implementing agencies to waive the Documentation measures to protect groundwater in
retraining requirement. Unless waived, This final UST regulation requires Indian country. To bring UST systems
Class A and B operators must complete owners and operators maintain records in Indian country to the same level of
retraining according to § 280.244. EPA on currently designated Class A, B, and environmental protection as UST
recommends the waiver be in writing. In C operators, rather than records on all systems in states, this final UST
waiving the requirement, EPA expects Class A, B, and C operators for the regulation implements secondary
the implementing agency to consider previous three years, as proposed. EPA containment requirements for new and
factors such as the severity and areas of is requiring owners and operators replaced tanks and piping along with
noncompliance. For example, retraining maintain basic information to document UDC underneath all new dispenser
should not be required for equipment Class A, B, and C operators and confirm systems.
found inoperative during an inspection they are appropriately trained. For The EPAct requires states that receive
if one of the following apply: The owner example, classroom training records federal Subtitle I money (and choose the
and operator was unaware of the must be signed by the trainer and secondary containment option) to have
problem and operation and maintenance include information about the training secondary containment and UDC for
records indicate the equipment was company; computer based training tanks, piping, and dispensers only if
operating during the most recent test or records do not require a signature, but they are installed or replaced within
inspection; or the owner or operator is must indicate the name of the training 1,000 feet of an existing community
aware of the problem and has scheduled program and the Web address, if water system or potable drinking water
a timely repair. In those instances where Internet based. This final UST well.13 However, EPA is requiring all
UST system noncompliance violations regulation also modifies § 280.245(b)(1) new and replaced tanks and piping to
do not warrant retraining, EPA by clarifying that the requirement for a install secondary containment and new
encourages implementing agencies to dispenser systems to install UDC for
record of training is also applicable
provide information about the these reasons:
when Class A or B operators train Class
compliance issue to Class A and B • Nearly all new and replaced tanks
C operators. UST owners and operators
operators so they are able to return their and piping are installed within 1,000
must document verification of training
facilities to compliance. This provides
or retraining for each class of operator. feet of an existing community water
greater flexibility for UST owners and
Owners and operators must maintain system (CWS) or potable drinking water
operators to meet the retraining
records verifying training or retraining well (PDWW). An UST listed with a
requirement. This final UST regulation
as long as Class A, B, and C operators commercial ownership type (i.e., gas
is consistent with EPA’s retraining
are designated at the facility. station) is typically located within 1,000
requirement for noncompliance with
feet of an on-site well or public water
significant operational compliance 2. Secondary Containment
line because nearly all commercially-
requirements and an annual refresher
This final UST regulation adds new owned facilities with USTs require
training allowance in our operator
requirements for secondary containment water utilities in order to operate. In
training grant guidelines for states.
This final UST regulation addresses and interstitial monitoring of new and addition, privately owned facilities (i.e.,
comments about the terms independent replaced tanks and piping along with fleet fueling for non-marketers) are
trainer and independent organization in under-dispenser containment (UDC) of generally in close proximity to some
the retraining requirement at § 280.244. new dispenser systems. Data from type of water supply, given that these
In this section, EPA is requiring that a release sites show a higher number of sites are typically combined with other
training program or comparable releases from single walled tanks and functional operations (office,
examination be developed, piping when compared to secondarily maintenance, manufacturing, etc.) and
administered, or both by an contained systems.11 12 These new require water for restrooms, water
independent organization, the requirements will prevent regulated fountains, shops, etc.; 14
implementing agency, or recognized substances from reaching the • Some implementing agencies that
authority. A recognized authority environment and ensure a consistent require secondary containment only
includes, but is not limited to, tribes level of environmental protection for
recognized by the U.S. Department of regulated UST systems across the 13 Title XV, Subtitle B, Section 1530 of Energy
United States. Policy Act of 2005, Public Law 109–58, August 8,

Interior Bureau of Indian Affairs. The
2005.
development, administration, or both by 14 E2, Incorporated, memoranda and analyses
an independent organization applies to 11 Petroleum Releases At Underground Storage

submitted under Contract EP–W–05–018, U.S.
all training approaches (classroom, Tank Facilities In Florida, Peer Review Draft, US Environmental Protection Agency. Underground
EPA/OUST, March 2005. Storage Tanks/Leaking Underground Storage Tanks
Internet based, testing, etc.) and 12 Evaluation Of Releases From New And Analytical And Technical Support. These
provides sufficient control for the Upgraded Underground Storage Tanks, Peer supporting materials are located in the docket EPA–
implementing agency to address conflict Review Draft, US EPA/OUST, August 2004. HQ–UST–2011–0301.
within 1,000 feet of a CWS or PDWW monitoring. These requirements are Requiring retrofits of major
informed EPA that installations of single consistent with the requirements for components would be a significant
walled tanks or piping are not secondarily contained hazardous financial burden for owners and
occurring; and substance tanks in § 280.42 and are operators. EPA anticipates owners and
• Secondary containment for all new necessary to help prevent releases to the operators will replace single walled
and replaced tanks and piping along environment. UST systems as they age. When owners
with UDC for new dispenser systems EPA is not requiring secondary and operators replace single walled UST
will help protect other sensitive areas, containment for piping that meets the systems after the effective date of the
such as designated source water requirements of § 280.41(b)(2)(i) through final UST regulation, tanks and piping
protection areas, natural springs, and (v), sometimes called safe suction must be secondarily contained and new
surface waters. piping, because such piping is currently dispensers must have UDC.
The EPAct requires under-dispenser not required to meet release detection To implement secondary containment
containment underneath new motor fuel requirements. Safe suction piping uses a and UDC, EPA is adding new
dispenser systems at UST systems suction pump to deliver regulated definitions to this final UST regulation.
regulated under 40 CFR part 280. substances from the UST to the EPA is defining these terms so they are
However, EPA is aware of a small dispenser. Safe suction piping operates consistent with the definitions
number of dispenser systems, such as at less than atmospheric pressure, contained in EPA’s secondary
kerosene dispensers, that do not slopes towards the UST so regulated containment grant guidelines to
dispense motor fuel. Small releases can substances drain to the UST if suction implementing agencies.19 New
occur at these dispensers in the same is lost, and has only one check valve definitions in the final UST regulation
manner as they occur at motor fuel located close to the suction pump. As are:
dispensers.15 16 17 Therefore, this final discussed in the 1988 UST regulation • Dispenser—This means equipment
UST regulation requires owners and preamble, these characteristics ensure located aboveground that dispenses
operators install UDC underneath new that little, if any, regulated substances regulated substances from the UST
dispenser systems at UST systems will be released if a break occurs in the system. The 2011 proposed UST
regulated under 40 CFR part 280, line.18 Similarly, EPA considers piping regulation defined dispenser system.
irrespective of whether they dispense that manifolds two tanks together, However, based on comments received,
motor fuel. which has characteristics that allow EPA decided to also add the definition
The secondary containment product to drain to the manifolded tanks of dispenser to the final UST regulation.
requirement applies to new or replaced if the piping loses suction, the same as • Dispenser system—This means the
underground tanks and piping regulated safe suction piping. In addition, this dispenser and the equipment necessary
under Subtitle I, except those excluded final UST regulation does not require to connect the dispenser to the UST
by regulation in § 280.10(b) and those secondary containment for new and system. As described above, EPA
partially excluded by regulation in replaced piping associated with field- decided to add dispenser to the list of
§ 280.10(c). Petroleum and hazardous constructed tanks greater than 50,000 definitions in the final UST regulation
substance USTs must meet the gallons in capacity and airport hydrant for clarity. As a result, EPA shortened
secondary containment requirement fuel distribution systems. See section C– the definition of dispenser system in the
with the corresponding use of 2 for additional information about these final UST regulation to account for the
interstitial monitoring for release types of UST systems. new definition of dispenser.
detection. The 1988 UST regulation EPA is not requiring secondary • Replaced—For a tank, this means to
allowed variances to the use of containment and UDC for UST systems remove a tank and install another tank.
interstitial monitoring as the method of where installation began on or before For piping, it means to remove 50
release detection for hazardous 180 days after the effective date of this percent or more of piping and install
substance USTs. Since these variances final UST regulation. 180 days allows other piping, excluding connectors,
are no longer an option, EPA is owners and operators who have connected to a single tank. For tanks
removing the language allowing concrete plans for a new UST system or with multiple piping runs, this
variances for new installations from this dispenser installation to move forward definition applies independently to
final UST regulation. with their plans before the secondary each piping run. Commenters suggested
EPA is requiring owners and containment and UDC requirement adding a definition of replaced as it
operators install tank and piping takes effect. Similar to the definition of applies to a dispenser system. However,
secondary containment that: Will existing tank system in the 1988 UST since EPA is only applying the UDC
contain regulated substances leaked regulation, EPA considers an requirement to new dispenser systems,
from the primary containment until they installation to have begun after the we are not defining the term replaced as
are detected and removed; will prevent owner or operator applied for or it relates to dispenser systems.
the release of regulated substances to obtained all federal, state, and local • Secondary containment or
the environment at any time during the approvals or permits and: secondarily contained—This means a
operational life of the UST system; and • Physical construction or installation release prevention and release detection
is monitored for a leak at least once began; or system for a tank or piping. This system
every 30 days using interstitial has an inner and outer barrier with an
• The owner or operator entered into
a contractual agreement that cannot be interstitial space that is monitored for
15 Petroleum Releases At Underground Storage
cancelled or modified without leaks. This term includes containment
Tank Facilities In Florida, Peer Review Draft, US sumps when used for interstitial
substantial loss and physical
EPA/OUST, March 2005.

16 Evaluation Of Releases From New And construction or installation will monitoring of piping. The EPAct defines
Upgraded Underground Storage Tanks, Peer commence within a reasonable time secondary containment as a release
Review Draft, US EPA/OUST, August 2004.
17 Frequency And Extent Of Dispenser Releases
frame. 19 Grant Guidelines to States for Implementing the
At Underground Storage Tank Facilities In South Secondary Containment Provision of the Energy
Carolina (EPA–510–R–04–004, September 2004). 18 Preamble to 40 CFR part 280, 53 FR 37154, Policy Act of 2005: http://epa.gov/oust/fedlaws/
http://epa.gov/oust/pubs/dispenser.htm. September 23, 1988. secondco.htm.
detection and prevention system that or more stringent than, the 50 percent releases by containing small leaks that
meets the interstitial monitoring threshold in this final UST regulation. occur inside and underneath the
requirement in § 280.43(g). Based on In addition, EPA performed a dispenser. EPA considers a dispenser
this definition, this final UST regulation screening analysis using limited, readily system new when owners and operators
includes interstitial monitoring as part available data to determine when repair install both the dispenser and
of the secondary containment cost approached replacement cost (and equipment needed to connect the
definition. Consistent with the 1988 at what point owners and operators dispenser to an UST system. EPA
UST regulation release detection were most likely to replace the entire includes check valves, shear valves,
requirements, EPA is requiring piping run rather than repair it).21 The unburied risers or flexible connectors,
interstitial monitoring of new and screening analysis suggested and other transitional components as
replaced secondarily contained tanks replacement cost of an entire piping run equipment that connects a dispenser to
and piping to occur at least once every became equal to repair cost when about an UST system. This equipment is
30 days. Some commenters expressed 60 percent of a piping run is repaired. located underneath the dispenser and
concern about whether secondary Since 60 percent was an approximate typically connects underground piping
containment included containment screening number, EPA in this final to a dispenser. If an owner or operator
sumps. To clarify the definition, EPA is UST regulation is requiring owners and replaces a dispenser but uses existing
adding language about containment operators to secondarily contain the equipment to connect a dispenser to the
sumps to the secondary containment entire piping run when 50 percent or UST system, then UDC is not required.
definition. In addition, EPA is defining more of a piping run is replaced. Fifty To contain small releases from the
containment sump in this final UST percent represents half of a piping run, dispenser, piping, and other equipment,
regulation. See section B–4, Secondary is consistent with most implementing UDC must be liquid tight. This final
Containment Tests, for details about this agency decisions, and provides UST regulation requires UDC be liquid
new definition. Several commenters flexibility for allowing repairs while tight on its sides, bottom, and at any
suggested EPA add to the definition of continuing to protect the environment. penetrations through the containment.
secondary containment a 360 degree Fifty percent also prevents owners and EPA is requiring periodic testing of UDC
containment requirement for tanks. EPA operators from leaving small pipe in section B–4, Secondary Containment
relies on codes of practice developed by sections in the ground to avoid this Tests, if the UDC is used for piping
nationally recognized associations or secondary containment requirement. If interstitial monitoring. In addition, EPA
independent testing laboratories to an UST has multiple piping runs, the is requiring annual inspections of
determine the degree of containment secondary containment requirement containment sumps in section B–1,
necessary to be considered secondarily applies independently to each piping Walkthrough Inspections, including
contained. This final UST regulation run where 50 percent or more of piping UDC. Finally, an owner or operator
continues to rely on these codes of is replaced. Currently installed piping must be able to access and visually
practice for determining when the tanks runs, and piping runs where less than inspect the containment. If visual
and piping are considered secondarily 50 percent of the piping is repaired, do inspection and access are not possible,
contained. not require secondary containment. then owners and operators must
For pressurized piping, EPA considers periodically monitor UDC (i.e., by
• Under-dispenser containment— electronic monitoring) to ensure it is
This means containment underneath a a piping run to be the piping that
connects the submersible turbine pump intact and free of liquids. EPA proposed
dispenser system designed to prevent continuous UDC monitoring if visual
leaks from the dispenser and piping (STP) to all of the dispensers fed by that
pump. For example, if a tank has two inspection and access of the UDC are
within or above the UDC from reaching not possible. However, in guidance to
soil or groundwater. Based on STPs, EPA considers the piping
associated with each STP to be separate state UST programs about meeting the
comments received and to provide secondary containment provision of the
clarification, EPA is adding piping in piping runs. For suction piping, a
piping run is the piping that runs EPAct, EPA did not require continuous
the containment sump to the definition. monitoring. Therefore, to provide
between the tank and the suction pump.
EPA’s secondary containment grant Consistent with EPA’s current policy, owners and operators additional
guidelines provide states with if an owner or operator chooses to flexibility and be consistent with
significant flexibility to define replaced reinstall a secondarily contained tank or guidance provided to states, this final
as it applies to piping. The guidelines piping that was previously installed, UST regulation requires periodic
require that states, at a minimum, that tank or piping must meet new tank monitoring of UDC if access to and
consider replacing piping when 100 and piping standards in § 280.20 at the visual inspection of the UDC are not
percent of piping, excluding connectors, time of installation. possible.
connected to a single UST is removed EPA is requiring owners and
and other piping is installed. When B. Additional Requirements for
operators install UDC underneath new Operation and Maintenance
deciding how to best define replaced as dispenser systems at UST systems
it applies to piping, EPA analyzed state regulated by 40 CFR part 280. Data from The 1988 UST regulation required
UST regulations for approximately 40 release sites show dispensers are one of owners and operators install improved
states that currently require secondary the leading release sources.22 23 UDC is UST system equipment to detect and
containment and interstitial prevent releases; however, it did not
located underground and prevents some
monitoring.20 About 75 percent of these require operation and maintenance for
states have requirements as stringent as, 21 Industrial Economics Incorporated, Work all of that equipment. Owners and
operators need to properly operate and
Assignment #1–19, Methodology and Calculator for

20 E2, Incorporated, memoranda and analyses Secondary Containment for Piping, October 3, 2008. maintain their UST system equipment
submitted under Contract EP–W–05–018, U.S. 22 Petroleum Releases At Underground Storage
in order to prevent and quickly detect
Environmental Protection Agency. Underground Tank Facilities In Florida, Peer Review Draft, US releases. Therefore, this final UST
Storage Tanks/Leaking Underground Storage Tanks EPA/OUST, March 2005.
Analytical And Technical Support. These 23 Evaluation Of Releases From New And regulation adds requirements for
supporting materials are located in the docket EPA– Upgraded Underground Storage Tanks, Peer periodic walkthrough inspections, spill
HQ–UST–2011–0301. Review Draft, US EPA/OUST, August 2004. prevention equipment testing, overfill
prevention equipment inspections, remove liquid (in contained sumps) or recognizes the concerns raised by
containment sump testing, and release debris; and, for double walled commenters and is moving the
detection equipment testing. containment sumps with interstitial requirement to conduct containment
When a test or inspection occurs, monitoring, check for a leak in the sump inspections from once every 30
owners and operators may find interstitial area days to annual, which coincides with
problems with the UST system. When a Æ Check hand held release detection when owners and operators must open
test or inspection indicates a problem, equipment, such as groundwater bailers containment sumps to test release
owners and operators must repair the and tank gauge sticks, for operability detection equipment.
problem to remain in compliance with and serviceability In the 2011 proposed UST regulation,
this final UST regulation. Section In addition, this final UST regulation EPA required that hand held release
280.33 of this final UST regulation allows owners and operators to conduct detection equipment be inspected once
describes repair requirements for UST operation and maintenance walkthrough every 30 days. Based on commenter
systems. inspections according to a standard input, this final UST regulation requires
code of practice developed by a annual inspections of hand held release
1. Walkthrough Inspections nationally recognized association or detection equipment to coincide with
To help EPA determine whether independent testing laboratory or other release detection equipment
walkthrough inspections will be according to requirements developed by operation and maintenance
effective, EPA asked nine states with the implementing agency. The requirements.
requirements for periodic walkthrough inspections must check equipment in a In the 2011 proposed UST regulation,
inspections whether their requirements manner comparable to the walkthrough EPA required 30 day cathodic
are effective.24 Seven states believe their inspection requirements described protection inspections as part of the
programs are effective. Two states did above. walkthrough inspection. Several
not provide input because they had not This final UST regulation requires commenters indicated this frequency
been implementing their walkthrough owners and operators maintain conflicted with the 60 day requirement
inspection programs long enough to walkthrough inspection records for one already in the 1988 UST regulation.
evaluate effectiveness. States providing year. Most commenters supported a one Based on this input, this final UST
input indicated their walkthrough year recordkeeping requirement for regulation keeps cathodic protection
inspections: Identify and resolve walkthrough inspections. In addition, inspections at the 60 day interval as
problems more quickly; decrease the the one year recordkeeping time frame required in the 1988 UST regulation.
chance of a potential spill or release; is consistent with the recordkeeping Therefore, owners and operators must
and increase understanding and requirement for 30 day release detection continue to perform the 60 day
compliance with the UST regulation. monitoring. The walkthrough inspection impressed current cathodic protection
Based on this information and input record must include a list of each area inspections to ensure equipment is
received from comments on the 2011 checked, whether each area checked running properly and keep the most
proposed UST regulation, EPA thinks was acceptable or needed action taken, recent three records of those
walkthrough inspections will be a description of actions taken to correct inspections.
effective in helping prevent and detect an issue, and delivery records if owners The 2011 proposed UST regulation
releases. and operators check spill prevention required checking monitoring and
Based on comments EPA received, equipment less frequently than every 30 observation wells every 30 days to make
this final UST regulation requires days. sure they are secure. A few commenters
In 2011, EPA proposed to implement questioned the need to perform these
owners and operators conduct
the walkthrough inspection requirement inspections because owners and
walkthrough inspections as follows:
on the effective date of the final UST operators seldom access these wells
• Every 30 days:
regulation. However, based on unless they are used for release
Æ Visually check spill prevention
comments received and to align detection or cleanup. EPA agrees with
equipment for damage and remove
implementation of all operation and these commenters and also thinks that
liquid or debris; check for and remove
maintenance requirements, owners and owners and operators will secure
obstructions in the fill pipe; check the
operators must begin conducting monitoring wells following each 30 day
fill cap to ensure it is securely on the
walkthrough inspections not later than release detection monitoring event or
fill pipe; and, for double walled spill
three years after the effective date of this during cleanups as part of their normal
prevention equipment with interstitial
final UST regulation. This change will compliance activities. Therefore, EPA is
monitoring, check for a leak in the
make compliance easier and allow not including monitoring and
interstitial area (exception: Owners and
owners and operators ample time to observation wells as part of the periodic
operators of spill prevention equipment
understand their walkthrough walkthrough inspection requirement in
at UST systems receiving deliveries at
inspection responsibilities. this final UST regulation.
intervals greater than 30 days may check
In 2011, EPA proposed requiring EPA received several comments on
that equipment prior to each delivery)
owners and operators inspect the 2011 proposed UST regulation
Æ Check release detection equipment
containment sumps once every 30 days. recommending treating nonretail UST
to ensure it is operating with no alarms
Many commenters were concerned systems differently than traditional
or unusual operating conditions present
about inspecting containment sumps commercial UST facilities because some
and ensure release detection records are
every 30 days because of the physical nonretail UST systems receive
reviewed and current
burdens of lifting heavy lids, the infrequent deliveries. Based on the
• Annually:
potential to ruin seals that prevent water comments, this final UST regulation
Æ Visually check containment sumps

from entering the sump, and the safety allows additional flexibility for
for damage and leaks to the containment
of the people performing the inspection inspecting spill prevention equipment
area or releases to the environment;
in high traffic areas. While EPA thinks at UST systems where filling occurs
24 Work Order No. 1004, Task 2, Subtask a—State frequent containment sump inspections infrequently. In cases where filling
Walkthrough Underground Storage Tank are a valuable part of UST system activities occur less often than 30 days,
Inspections, SKEO, 1/31/2013 operation and maintenance, EPA owners and operators may inspect spill
prevention equipment prior to each themselves or hire a third party to 2. Spill Prevention Equipment Tests
delivery, instead of at least once every conduct walkthrough inspections. In this final UST regulation, EPA is
30 days. This exception to the spill Although EPA does not require training adding a three year testing requirement
prevention equipment check for the 30 for owners and operators who conduct for spill prevention equipment. This
day walkthrough inspection these inspections, operators trained in action helps ensure spill prevention
requirement will still provide the Class A or B training requirements equipment will contain small drips and
appropriate environmental protection (see section A–1) should already have spills when the delivery transfer hose is
because the purpose of this equipment adequate knowledge to perform periodic disconnected from the fill pipe. Owners
is to catch drips and spills that may walkthrough inspections. and operators need to properly operate
occur when the delivery hose is and maintain their spill prevention
EPA received multiple comments
disconnected from the fill pipe. For UST equipment in order to prevent releases
suggesting we revise the 30 day
systems receiving infrequent deliveries, to the environment. If a small release
inspection requirement to be a monthly
inspecting spill prevention equipment occurs at the fill port and the spill
before each delivery is adequate. requirement. After careful
consideration, EPA is keeping the 30 prevention equipment is not liquid
This final UST regulation retains 30 tight, then the release can exit the spill
day inspections of release detection day inspection requirement. Thirty days
provides owners and operators with prevention equipment and reach the
equipment and spill prevention environment. EPA is aware of various
equipment. EPA thinks these clarity about the inspection time frame
by specifying the maximum number of problems with spill prevention
inspections are needed at least once
days between walkthrough inspections. equipment. Data show that UST spills
every 30 days for release detection to
EPA is not moving to monthly account for about 15 percent of releases
ensure the equipment is operating,
inspections because owners and from UST systems.26 27 Examples of
check release detection records, and
operators could misinterpret monthly problems with spill prevention
determine whether the tank or piping is
and go 60 or more days without equipment include damage due to:
leaking. Owners and operators who
conducting a walkthrough inspection. Vehicles driving over the spill
monitor their release detection system
For example, an owner or operator prevention equipment; ground
remotely may check the release
detection equipment and records could perform a monthly inspection on movement or freeze and thaw cycles;
remotely as long as the release detection January 31, then again on February 1, inadequate installation practices; and
system at the UST system location is and then not inspect again until March normal wear and tear. In addition, the
determined to be in communication 31. If an owner or operator continued typical life of spill prevention
with the remote monitoring equipment. this practice, six inspections would equipment is relatively short—five to
In addition, 30 day inspections (or occur one day apart and six inspections eight years according to a South
before each delivery) of spill prevention would occur about 60 days apart. While Carolina study.28 29 The life span for
equipment will ensure these devices this could be considered inspecting spill prevention equipment can be even
contain small drips and spills that occur monthly, it is not inspecting shorter when exposed to more severe
when the delivery hose is disconnected consistently on or about the same time weather conditions such as freeze and
from the fill pipe. Based on commenter each month. EPA wants to ensure the thaw cycles and plowing following
input, EPA is adding the requirement to walkthrough inspection frequency is snow events. Because of these factors,
check for and remove obstructions in consistent, rather than allow the more periodic spill prevention equipment
the fill pipe as part of the walkthrough testing is needed to minimize problems
inconsistent monthly option in this
inspection because obstructions in the and ensure spill prevention equipment
example. Since 30 days is the average
fill pipe will cause a shutoff device to will contain small releases from the
length of a month, EPA’s intent with
operate improperly. delivery hose when disconnected from
requiring 30 days is to ensure owners
EPA is including Petroleum the fill pipe.
and operators conduct walkthrough This final UST regulation does not
Equipment Institute’s Recommended inspections on or about the same time
Practice 900, Recommended Practices require periodic testing of double
each month. walled spill prevention equipment if the
for the Inspection and Maintenance of
Some commenters raised concern integrity of both walls is periodically
UST Systems, as a code of practice that
about disposing of liquids owners and monitored. Because the integrity of both
may be used to meet the walkthrough
inspection requirement in this final UST operators discover during the walls is periodically monitored, this
regulation.25 This recommended inspection. For spill prevention type of spill prevention equipment is
practice includes daily, monthly, and equipment and containment sumps to periodically checked for tightness. In
annual inspections for properly operate as intended, those areas must be 2011, EPA proposed to exclude from the
maintaining underground storage tank free of liquids. In the past, when owners periodic testing requirement only
systems. Owners and operators who use and operators found liquids in those double walled spill prevention
the code of practice option for meeting areas, they needed to remove the liquids equipment with continuous interstitial
UST requirements must use the entire so the equipment would operate monitoring. Several commenters
code of practice. For example, owners properly (and meet the 1988 UST suggested that monitoring of the
and operators would not meet the regulation). This final UST regulation is
walkthrough inspection requirement if requiring those areas be inspected 26 Evaluation Of Releases From New And
periodically; as a result, owners and Upgraded Underground Storage Tanks, Peer

they chose to follow only some of the Review Draft, US EPA/OUST, August 2004.
walkthrough inspection areas in the operators may discover the liquid 27 Petroleum Releases At Underground Storage
sooner, but the responsibility to remove
code of practice while ignoring others. Tank Facilities In Florida, Peer Review Draft, US
This final UST regulation allows the liquid remains the same. EPA EPA/OUST, March 2005.
flexibility for owners and operators to expects owners and operators to 28 Spill Bucket Performance Presentation by Dale
remove, manage, and dispose of the Stoudemire, 2005 UST National Conference, March
conduct walkthrough inspections 14–15 2005, Seattle, WA.
liquid properly (according to federal, 29 Spill Buckets: Mistaken Expectations?,
25 This document is available for purchase at state, and local requirements) as soon as LUSTLine Bulletin 48, Dale W. Stoudemire,
www.pei.org. practicable after discovery. November 2004.
interstitial area be used in lieu of sizes. Therefore, EPA is relying on the EPA received significant support for
periodic spill prevention equipment test method to establish specific pass or requiring owners and operators to keep
testing. EPA agrees with commenters fail performance criteria. records of the spill prevention
that double walled spill prevention In 2011, EPA proposed a one year equipment test for three years. This final
equipment, where the integrity of both implementation time frame for owners UST regulation requires owners and
walls is periodically monitored, should and operators to begin conducting spill operators maintain records of spill
not have to undergo testing—as long as prevention equipment testing. However, prevention equipment testing for three
owners and operators conduct periodic based on commenter input suggesting years for each spill prevention device at
monitoring of the equipment at a implementation be consistent with other the facility. A three year period aligns
frequency consistent with, or more testing requirements, EPA is requiring with the maximum time between on-site
frequent than, the walkthrough owners and operators of spill UST facility compliance inspections.
inspection frequency (see section B–1). containment equipment in use as of the These records will demonstrate to
For example, owners and operators who effective date of this final UST implementing agencies that the spill
check vacuum, pressure, or liquid regulation conduct the first test no later prevention equipment was tested and
interstitial integrity indicators on than three years after the effective date tight at the time of the test.
double walled spill containment devices of this final UST regulation. EPA thinks Owners and operators of UST systems
as part of their 30 day walkthrough aligning implementation dates for the with double walled spill prevention
inspections are considered to be different operation and maintenance equipment, where the integrity of both
periodically monitoring the integrity of testing requirements to the extent walls is periodically monitored and who
both walls. possible will provide clarity about the choose not to conduct spill prevention
For spill prevention equipment that requirements owners and operators equipment testing at least once every
must be tested once every three years, must meet. After the first spill three years, must maintain
this final UST regulation requires prevention equipment test, owners and documentation showing that spill
owners and operators to conduct testing operators must test spill prevention prevention equipment has two walls
using vacuum, pressure, or liquid equipment at least once every three and the integrity of both walls is
methods. In addition, the test must be years. periodically monitored. Owners and
conducted in accordance with For UST systems brought into use operators must maintain this
manufacturer’s requirements or a code after the effective date of this final UST documentation for as long as the
of practice developed by a nationally regulation, the spill prevention equipment is periodically monitored.
recognized association or independent equipment testing requirement applies Owners and operators who discontinue
testing laboratory. The manufacturer’s at installation. However, owners and periodic monitoring of their double
requirement is an option only when the operators must also follow the walled spill prevention equipment must
manufacturer has developed installation requirements in § 280.20(d) conduct a test within 30 days of
requirements for testing the tightness of which require manufacturer’s discontinuing the periodic monitoring.
their spill prevention equipment. As of instructions and installation standards EPA considers this necessary because
the publication date of this final UST be followed. These instructions and discontinuing periodic monitoring of
regulation, EPA is aware of one code of standards currently address liquid the interstitial area may mean some
practice that contains procedures for tightness of spill prevention equipment portion of that area of the spill
testing spill prevention equipment: at installation. As long as the spill prevention equipment may no longer
Petroleum Equipment Institute (PEI) prevention equipment is tested and have integrity. Owners and operators
Recommended Practice (RP) 1200, liquid tight at installation, the first need to ensure the primary containment
Recommended Practices for the Testing periodic spill prevention equipment test of the spill prevention equipment is
and Verification of Spill, Overfill, Leak does not have to be conducted until tight. Alternatively, owners and
Detection and Secondary Containment three years after installation. operators may choose to test double
Equipment at UST Facilities.30 EPA is In 2011, EPA proposed that owners walled spill prevention equipment once
adding this code of practice to this final and operators test spill prevention every three years, and maintain the test
UST regulation. In addition, EPA is equipment at least annually. However, record, in lieu of periodically
providing implementing agencies based on comments received, EPA is monitoring this equipment and
flexibility to allow other methods they requiring owners and operators test spill maintaining these monitoring records.
determine to be as protective of human prevention equipment at least once Several commenters raised concerns
health and the environment as the every three years. Commenters about disposal of the spill prevention
manufacturer’s requirements or a code suggested that all operation and equipment test liquid following the test.
of practice. This option allows maintenance testing should be aligned EPA considered test liquid disposal in
alternatives in case codes of practice so that all tests can be conducted at the this final UST regulation and contacted
and manufacturer’s requirements are not same time. EPA agrees. To make it several vendors to determine whether
available for testing spill prevention easier for owners and operators to disposal of the test liquid was included
equipment. Several commenters comply, this final UST regulation aligns as part of spill prevention equipment
expressed concern that EPA did not periodic spill, overfill, and secondary testing.31 Some vendors include
establish specific pass or fail containment testing to the extent handling of the test liquid as part of the
performance criteria for spill prevention possible. Since spill prevention
test; they carry the test liquid with them
equipment testing. EPA thinks the equipment has a relatively short
and reuse it several times before
manufacturer, code of practice, or lifespan, EPA thinks a three year testing
disposal. Others charge a separate cost
frequency, when combined with
implementing agency are better suited to dispose of the test liquid or make sure
to establish test method criteria because periodic visual checks via the
the owner or operator has drums on site
spill prevention devices are walkthrough inspection (see section B–
to dispose of the test liquid. In addition,
manufactured in different shapes and 1), is adequate to ensure spill
prevention equipment will contain any 31 Spill, Overfill, and Secondary Containment
30 This
document is available for purchase at drips or spills when the delivery hose testing Questions and Answers from Three Vendors
www.pei.org. is disconnected from the fill pipe. (11/8/12).
vendors sometimes use vacuum testing the periodic functionality checks. maintenance requirements, such as
for spill prevention equipment testing, However, based on input from containment sump testing and spill
which eliminates the liquid from the commenters about potentially prevention equipment testing.
test. overfilling the tank during testing, EPA In 2011, EPA proposed to stagger
A few commenters raised concerns is using the term inspections—rather implementation for overfill prevention
about facility down time and than testing—in this final UST equipment inspections over a three year
replacement costs for spill prevention regulation. The procedure to determine period based on the installation date of
equipment as a result of testing. EPA whether overfill prevention equipment the oldest UST at the facility. However,
acknowledges that, in instances where is operating properly should not overfill EPA received significant input from
access to the spill prevention equipment the tank. Rather, the equipment must be commenters opposing the phased in
is in the line of traffic, there could be inspected to determine whether it will approach and advocating a single
a small amount of facility down time as operate or activate properly according to implementation date. EPA agrees with
a result of testing; however EPA thinks requirements in this final UST the merits of a more simplified
the benefit to the environment far regulation. For example, the inspection approach. Therefore, for overfill
outweighs the cost of potential down to determine whether an automatic prevention equipment installed as of
time. To minimize the effects of down shutoff device in the fill pipe will this final UST regulation, owners and
time, owners and operators can also activate at the correct height might operators must conduct the first
schedule the testing during low traffic involve removing and inspecting the inspection within three years of the
times at the facility or when other device to ensure it operates as well as effective date of this final UST
routine maintenance occurs. EPA measuring the position of the device in regulation. After the first overfill
expects owners and operators to have the tank to ensure it activates at the prevention equipment inspection,
properly functioning spill prevention appropriate level in the tank. owners and operators must inspect
equipment at all times and fix problems For overfill prevention equipment overfill prevention equipment at least
when they are discovered. The spill inspections, owners and operators must once every three years.
prevention equipment test may uncover use manufacturer’s requirements or a For UST systems brought into use
a problem earlier, resulting in repair or code of practice developed by a after the effective date of this final UST
replacement (and better protection from nationally recognized association or regulation, the overfill prevention
spills) sooner rather than later, and independent testing laboratory. equipment inspection requirement
more quickly detect or prevent releases Manufacturer’s requirements are an applies at installation. However, owners
of regulated substances to the option only when manufacturers have and operators must also follow the
environment. developed inspection requirements for installation requirements in § 280.20(d)
their overfill prevention equipment that which require following manufacturer’s
3. Overfill Prevention Equipment
determines the device is set to activate instructions and installation standards.
Inspections
at the appropriate level in the tank and These instructions and standards
In this final UST regulation, EPA is will activate when the regulated
adding periodic operation and currently address the operability of the
substance reaches that level. As of this overfill equipment at installation. As
maintenance requirements for overfill final UST regulation, EPA is aware of
prevention equipment to help ensure long as the overfill prevention
one code of practice that contains equipment is inspected for operability at
the equipment is operating properly and procedures for inspecting overfill
will activate before an UST is overfilled. installation, the first periodic overfill
prevention equipment: PEI RP 1200,
Owners and operators need to properly prevention equipment inspection does
Recommended Practices for the Testing
operate and maintain their overfill not have to be conducted until three
and Verification of Spill, Overfill, Leak
prevention equipment in order to years after installation.
Detection and Secondary Containment
prevent releases to the environment. If EPA received significant support for
Equipment at UST Facilities.34 EPA
overfill prevention equipment is not requiring owners and operators to keep
added this code of practice in this final
working properly, an UST can be records of overfill prevention equipment
UST regulation. In addition, EPA is
overfilled and release product to the inspections for three years. The three
providing implementing agencies
environment. EPA is aware that USTs year period aligns with the maximum
flexibility to allow other methods they
are being overfilled and there are time between on-site UST facility
determine to be as protective of human
problems with overfill prevention compliance inspections. Therefore, this
health and the environment as the
equipment. Data show that tank overfills final UST regulation requires owners
manufacturer’s requirements or a code
account for about 15 percent of releases and operators maintain for three years
of practice. This option allows
from UST systems.32 33 Examples of overfill prevention equipment
alternatives in case a code of practice
problems with overfill prevention inspection records for each overfill
and manufacturer’s requirements are not
equipment include: Tampering, device at the facility. These records will
available for inspecting overfill
improper use, and normal wear and demonstrate to implementing agencies
prevention equipment.
tear. Overfill prevention equipment that the overfill prevention equipment
This final UST regulation requires
inspections will minimize problems and has been inspected, is set at the
owners and operators conduct overfill
ensure overfill prevention equipment is appropriate height in the tank, and will
prevention equipment inspections at
operating properly. activate when regulated substances
least once every three years.
The 2011 proposed UST regulation reach that height.
Commenters generally supported a three
used the term testing for overfill Several commenters were concerned
year or more frequent inspection cycle.
prevention equipment when describing about potential damage to overfill
EPA chose the three year time frame

prevention equipment during removal
because it aligns with three year
32 Petroleum Releases At Underground Storage for inspection. EPA asked several
compliance inspections and is
Tank Facilities In Florida, Peer Review Draft, US vendors who perform overfill
EPA/OUST, March 2005. consistent with other operation and
33 Evaluation Of Releases From New And
prevention equipment inspections about
Upgraded Underground Storage Tanks, Peer 34 This document is available for purchase at the potential for damage during periodic
Review Draft, US EPA/OUST, August 2004. www.pei.org. overfill prevention equipment
inspections.35 The vendors indicated final UST regulation does require testing should not have to undergo testing—as
that seals may need to be replaced when of these areas following a repair or, as long as owners and operators conduct
removing the equipment, but that appropriate, in response to a suspected periodic monitoring of the equipment at
overfill prevention equipment itself release if they are used for interstitial a frequency consistent with, or more
would not easily be damaged during monitoring. Interstitial areas where frequent than, the walkthrough
removal or reinstallation. The vendors interstitial monitoring is used need to be inspection frequency (see section B–1).
also indicated that replacing these seals tight following a repair so that the For example, owners and operators who
will result in little or no additional cost interstitial monitoring will detect a check vacuum, pressure, or liquid
to the owner and operator. release before it reaches the interstitial integrity indicators on
A few commenters raised concerns environment. Likewise, interstitial areas double walled containment sumps as
about facility down time and need to be tested in response to a part of their annual walkthrough
replacement costs for overfill prevention suspected release to determine whether inspections are considered to be
equipment as a result of periodic a leak has reached the environment. periodically monitoring the integrity of
inspections. EPA acknowledges that, in EPA disagrees with commenters who both walls.
instances where access to overfill suggested periodic testing for This final UST regulation does not
prevention equipment is in the line of containment sumps used for interstitial require periodic testing of containment
traffic, there could be a small amount of monitoring of piping is unnecessary. sumps used for reasons other than
facility down time as a result of These areas function similar to spill interstitial monitoring of piping. Testing
inspecting; however EPA thinks the containment equipment, containing of these areas is not necessary to ensure
benefit to the environment far leaks from piping and other components the release detection will detect a leak
outweighs the cost of potential down in the sump. Containment sumps can because owners and operators are not
time. To minimize the effects of down degrade over time, resulting in releases using the containment sumps for
time, owners and operators can also to the environment. Information about interstitial monitoring. In these cases,
schedule the inspection during low source and cause of release shows that owners and operators use another
traffic times at the facility or when other a significant number of releases occur in method of release detection and
routine maintenance occurs. EPA containment sump areas.36 37 previously installed containment sumps
expects owners and operators to have Containment sumps have piping and as part of good business practice.
properly functioning overfill prevention other components that penetrate Some commenters suggested EPA add
equipment at all times and fix problems through the containment sump walls, definitions for continuous monitoring
when they are discovered. The overfill increasing the likelihood that these and interstitial monitoring. Since this
prevention equipment inspection may areas are not liquid tight. Containment final UST regulation uses the concept of
uncover a problem earlier, resulting in sumps used for interstitial monitoring of periodic monitoring rather than
repair or replacement (and better piping need to be liquid tight so they continuous monitoring, EPA is not
protection from overfills) sooner rather will contain regulated substances defining continuous monitoring. The
than later. released from the primary wall of the concept of interstitial monitoring was
piping. Therefore, this final UST used in the 1988 UST regulation and
4. Secondary Containment Tests regulation includes a three year testing remains the same in this final UST
The 2011 proposed UST regulation requirement for containment sumps regulation (see § 280.43(g)). In addition,
included periodic secondary used for interstitial monitoring of this final UST regulation describes
containment testing requirements for piping. interstitial monitoring in detail in
secondary containment areas of tanks This final UST regulation does not subpart D. Therefore, EPA is not further
and piping and for containment sumps require periodic testing of double defining interstitial monitoring. Based
used for monitoring the secondary walled containment sumps used for on commenter input, EPA is adding to
containment areas of piping. However, interstitial monitoring of piping if the this final UST regulation a definition of
based on the significant opposition integrity of both walls of the containment sump, which addresses
commenters provided, this final UST containment sump is periodically comments about what constitutes a
regulation is not requiring periodic monitored. Because the integrity of both containment sump. EPA considers a
secondary containment testing of walls is periodically monitored, this containment sump to be a liquid tight
secondarily contained tanks and piping. type of containment sump is container that protects the environment
EPA agrees with commenters who periodically checked for tightness. EPA by containing leaks and spills of
indicated secondarily contained UST proposed to exclude from the periodic regulated substances from piping,
systems using interstitial monitoring are testing requirement only containment dispensers, pumps, and related
more protective of the environment than sumps with continuous interstitial components in the containment area.
single walled UST systems. In addition, monitoring. Several commenters Containment sumps may be single
EPA understands that some secondarily suggested that periodic monitoring walled or secondarily contained and
contained UST systems installed before (rather than continuous monitoring) of located at the top of tank (tank top or
this final UST regulation may not have the interstitial area of the double walled submersible turbine pump sump),
been designed to have the interstitial containment sump would be adequate underneath the dispenser (under-
areas periodically tested. Finally, EPA in lieu of performing the periodic dispenser containment sump), or at
does not want to create a disincentive containment sump testing. EPA agrees other points in the piping run
for owners and operators to replace with commenters that double walled (transition or intermediate sump).
older single walled UST systems with containment sumps, where the integrity This final UST regulation requires
of both walls is periodically monitored, owners and operators conduct testing of
secondarily contained systems or

penalize early installers of secondarily containment sumps used for interstitial
contained UST systems. However, this
36 Petroleum Releases At Underground Storage monitoring of piping at least once every
Tank Facilities In Florida, Peer Review Draft, US three years. Commenters generally
EPA/OUST, March 2005.
35 Spill, Overfill, and Secondary Containment 37 Evaluation Of Releases From New And
supported a three year or more frequent
testing Questions and Answers from Three Vendors Upgraded Underground Storage Tanks, Peer inspection cycle. EPA is choosing the
(11/8/12). Review Draft, US EPA/OUST, August 2004. three year time frame to: Make
compliance easier for owners and approach. Therefore, containment operators may choose to test double
operators; align with three year sumps used for interstitial monitoring of walled containment sumps (and
compliance inspections; and be piping installed as of the effective date maintain testing records) once every
consistent with other operation and of this final UST regulation must be three years in lieu of maintaining these
maintenance requirements, such as tested within three years of the effective records.
overfill prevention equipment date of this final UST regulation. After Several commenters raised concern
inspections and spill prevention the first test, owners and operators must about disposing of containment sump
equipment testing. conduct periodic testing at least once test liquid following the test. EPA
For containment sumps that require every three years. considered test liquid disposal in this
testing at least once every three years, For UST systems brought into use final UST regulation and contacted
this final UST regulation requires after the effective date of this final UST several vendors to determine whether
owners and operators conduct testing by regulation, the containment sump they included disposal of test liquid as
using vacuum, pressure, or liquid testing requirement applies at part of containment sump testing.39
methods. In addition, the test must be installation. However, owners and Some vendors include handling of the
conducted in accordance with operators must also follow the test liquid as part of the test; they carry
manufacturer’s requirements or a code installation requirements in § 280.20(d) the test liquid with them and reuse it
of practice developed by a nationally which require following manufacturer’s several times before disposal. Others
recognized association or independent instructions and installation standards. charge a separate cost to dispose of the
testing laboratory. The manufacturer’s These instructions and standards
test liquid or make sure the owner or
requirement is an option only when the currently address liquid tightness of
operator has drums on site to dispose of
manufacturer has developed testing containment sumps at installation. As
the test liquid. In addition, vendors
requirements for their containment long as the containment sump is tested
could use vacuum testing for
sumps that ensure their containment and liquid tight at installation, the first
containment sump testing, which
sump is tight. As of this final UST periodic containment sump test does
eliminates the liquid from the test.
regulation, EPA is aware of one code of not have to be conducted until three
practice that contains procedures for years after installation. A few commenters raised concerns
testing containment sumps: PEI RP EPA received significant support for about facility down time and
1200, Recommended Practices for the the three year recordkeeping time frame replacement costs for containment
Testing and Verification of Spill, for secondary containment testing sumps as a result of testing. EPA
Overfill, Leak Detection and Secondary because the three year time period acknowledges that, in instances where
Containment Equipment at UST aligns with the maximum time between access to the containment sump is in the
Facilities, and is adding this code of on-site UST facility compliance line of traffic, there could be a small
practice to the final UST regulation.38 In inspections. Therefore, this final UST amount of facility down time as a result
addition, EPA is providing regulation requires owners and of testing; however EPA thinks the
implementing agencies flexibility to operators maintain for three years benefit to the environment far
allow other methods they determine to containment sump testing records for outweighs the cost of potential down
be as protective of human health and each containment sump used for time. To minimize the effects of down
the environment as the manufacturer’s interstitial monitoring at a facility. time, owners and operators can also
requirements or a code of practice. This These records will demonstrate to schedule the testing during low traffic
option allows alternatives in the event implementing agencies that times at the facility or when other
that a code of practice and containment sumps were tested and routine maintenance occurs that
manufacturer’s requirements are not tight at the time of the test. requires opening containment sumps.
available for testing containment sumps. Owners and operators who have EPA expects owners and operators to
Several commenters expressed concern double walled containment sumps have properly functioning containment
that EPA did not establish specific pass where the integrity of both walls is sumps at all times when those
or fail performance criteria for periodically monitored and choose not containment sumps are used for
containment sump testing. However, to conduct containment sump testing at interstitial monitoring of piping and fix
EPA thinks the test method established least once every three years must problems when they are discovered. The
by the manufacturer, code of practice, or maintain documentation showing their containment sump test may uncover a
implementing agency are better suited containment sumps have two walls and problem earlier than if a test was never
to establish criteria because the integrity of both walls is conducted, resulting in repair or
containment sumps are made in periodically monitored. Owners and replacements of the containment sump
different shapes and sizes. Therefore, operators must maintain this (and better protection from releases)
EPA is relying on the test method to documentation for as long as the sooner rather than later.
establish specific pass or fail integrity of the two walls of the
containment sump is periodically 5. Release Detection Equipment Tests
performance criteria.
In 2011, EPA proposed to stagger monitored. Owners and operators who This final UST regulation requires
secondary containment testing discontinue periodic monitoring of their UST owners and operators perform
implementation over a three year double walled containment sumps must annual operation and maintenance tests
period, based on the installation date of conduct a test within 30 days of on electronic and mechanical
the oldest UST at a facility. However, discontinuing the periodic monitoring. components of their release detection
EPA received significant input from EPA considers this necessary because equipment to ensure the equipment is
discontinuing periodic monitoring of
commenters opposing a phased in operating properly. Owners and

approach and advocating a single the interstitial area may mean some operators are required, at a minimum, to
implementation date. EPA agrees with portion of that area of the containment check this equipment:
the merits of a more simplified may no longer have integrity. Therefore,
owners and operators need to ensure the 39 Spill, Overfill, and Secondary Containment
38 This
document is available for purchase at primary containment of the containment testing Questions and Answers from Three Vendors
www.pei.org. sump is tight. Alternatively, owners and (11/8/12).
• Automatic tank gauge (ATG) systems requirements, it is important for UST maintenance requirements according to
and other controllers system owners and operators to both one of the following: Manufacturer’s
Æ Test alarm install the equipment properly and instructions; a code of practice
Æ Verify system configuration properly operate and maintain it. In the developed by a nationally recognized
Æ Test battery back-up 1988 UST regulation, EPA did not association or independent testing
• Probes and sensors provide specifics on the minimum laboratory; or requirements determined
Æ Inspect for residual build-up requirements to ensure adequate by the implementing agency to be no
Æ Ensure floats move freely operation and maintenance of release less protective of human health and the
Æ Ensure shaft is not damaged detection equipment. As a result, environment than the two options listed
Æ Ensure cables are free of kinks and manufacturer operation and above. These requirements are
breaks maintenance requirements vary greatly, consistent with options for other
Æ Test alarm operability and even among similar types of equipment. operation and maintenance activities in
communication with controller Some manufacturer’s requirements do this final UST regulation. As an
• Automatic line leak detector (ALLD) not adequately address operation and example, see section B–2, Spill
Æ Simulate leak which determines maintenance. For example, some Prevention Equipment Tests.
capability to detect a leak manufacturers only recommend At the time of the 2011 proposed UST
• Vacuum pumps and pressure gauges operation and maintenance testing; but regulation, PEI was developing a code of
Æ Ensure proper communication with EPA is taking the position that testing practice, which EPA anticipated would
sensors and controller should be mandatory instead of address operability testing of release
• Handheld electronic sampling optional. In addition, similar release detection equipment. PEI issued the
equipment associated with vapor detection components should be tested final recommended practice in 2012.
and groundwater monitoring in a similar manner, which will increase EPA reviewed PEI’s final Recommended
Æ Ensure proper operation the likelihood all release detection Practices for the Testing and
This final UST regulation changes equipment will function at optimal Verification of Spill, Overfill, Leak
some requirements discussed in the levels for as long as possible. Detection and Secondary Containment
2011 proposed operation and California’s in field analysis of sensors Equipment at UST Facilities (RP 1200)
maintenance for release detection used for release detection supports and is including it in this final
equipment requirements. Changes EPA’s position.41 regulation as an option for meeting the
include: This final UST regulation improves annual release detection equipment
• Noting that PEI RP 1200 may be used and standardizes operation and testing requirements.43
to meet the testing requirements maintenance for all release detection This final UST regulation requires
• Increasing from one year to three equipment; it provides owners and owners and operators maintain records
years the time allowed for UST operators with required equipment tests, of the annual operation tests for three
system owners and operators to which will help ensure equipment is years. At a minimum, records must: List
implement the requirements properly operated and maintained. EPA each component tested; indicate
• Using the term automatic line leak is requiring a set of minimum operation whether each component meets the
detector instead of line leak detector and maintenance criteria that owners criteria listed or needed to have action
• Removing the leak sensing O-ring and operators must follow for electronic taken; and describe any action taken to
from the list of components tested and mechanical based release detection correct an issue. The requirement to
• Adding handheld electronic equipment. maintain records for three years is
equipment associated with vapor and The operation and maintenance consistent with the three year
groundwater monitoring minimum requirements for release compliance inspection cycle;
EPA is concerned about the detection established in This final UST maintaining records will allow owners
performance of release detection regulation are based on common and operators to demonstrate
equipment. Inspectors routinely find requirements and recommendations by compliance with this operation and
release detection equipment installed on various equipment manufacturers of maintenance requirement.
UST systems, but often that equipment similar equipment. EPA used the Based on comments received and
is not properly operated or maintained. National Work Group On Leak Detection EPA’s goal to align all implementation
In addition, information from an Evaluations’ (NWGLDE) list of leak dates for consistency and easier
analysis in Florida indicates that leak detection equipment to identify compliance, this final UST regulation
detection successfully detected 26 commonly used equipment.42 In requires owners and operators meet
percent of all releases. Conversely, leak addition, EPA’s publication, Operating operation and maintenance for release
detection was specifically identified as And Maintaining Underground Storage detection requirements no later than
failing to detect 23 percent of releases.40 Tanks Systems: Practical Help And three years after the effective date of the
To increase the effectiveness of release Checklists and PEI’s Recommended final UST regulation. This is a change
detection, this final UST regulation Practices for the Inspection and from the 2011 proposed UST regulation,
targets operation and maintenance. Maintenance of UST Systems (RP 900) which required that owners and
This final UST regulation requires also helped establish proper operation operators meet this requirement no later
that release detection is operated and and maintenance activities. than one year after the effective date of
maintained in accordance with Owners and operators must meet the the final UST regulation.
manufacturer’s instructions, a code of release detection operation and The 2011 proposed UST regulation
practice, or requirements developed by used the term line leak detector as a
the implementing agency. To achieve 41 California’s Field Evaluation Of Underground component that must be tested. Based
Storage Tank System Leak Detection Sensors, on comments received, this final UST
optimal performance from equipment August 2002. http://www.waterboards.ca.gov/
and to meet release detection water_issues/programs/ust/leak_prevention/
regulation uses the term automatic line
sensors/index.shtml. leak detector. This is consistent with
40 Petroleum Releases At Underground Storage 42 National Work Group On Leak Detection
Tank Facilities In Florida, Peer Review Draft, US Evaluations’ List Of Leak Detection Evaluations For 43 This document is available for purchase at
EPA–OUST, March 2005. Storage Tank Systems. http://www.nwglde.org/. www.pei.org.
how EPA has historically referenced This O-ring is specific to the functional exempts completely buried storage
line leak detectors in the 1988 UST element of mechanical line leak tanks, as well as connected
regulation. These devices can be detectors and is, therefore, only present underground piping, underground
electronic or mechanical and are on certain types of ALLDs. In addition, ancillary equipment, and containment
described in § 280.44(a). Commenters all functional elements will be tested as systems when fully subject to the
also asked EPA to add the performance part of the simulated leak test technical requirements of 40 CFR part
criteria of 3 gallons per hour at 10 conducted at 3 gallons per hour at 10 280. Partially excluded aboveground
pounds per square inch line pressure to psi or equivalent for all ALLDs. storage tanks which are part of the UST
the simulated ALLD test required for the This final UST regulation allows use system may be subject to SPCC
line leak detector. This is unnecessary of groundwater and vapor monitoring as requirements.
since the 2011 proposed UST regulation methods of release detection, but with
required this performance standard for some restrictions (see section D–6). For 1. UST Systems Storing Fuel Solely for
the simulated test by referencing owners and operators choosing Use by Emergency Power Generators—
§ 280.44(a). This final UST regulation groundwater or vapor monitoring as Require Release Detection
maintains that ALLDs, whether their method of release detection, this This final UST regulation eliminates
electronic or mechanical, must meet the final UST regulation requires that hand the deferral for UST systems storing fuel
annual simulated leak test of 3 gallons held electronic devices such as solely for use by emergency power
per hour at 10 pounds per square inch photoionization devices meet the generators (also referred to as emergency
line pressure within 1 hour. operation and maintenance generator tanks). This means emergency
One commenter noted his experience requirements for release detection generator tanks are no longer deferred
with testing release detection equipment. Non electronic hand held from release detection requirements in
equipment, which verified electrical devices, such as measuring sticks and 40 CFR part 280, subpart D and are
circuitry, but during operation the groundwater bailers, are covered in subject to all UST requirements.
connected device still did not function section B–1, Walkthrough Inspections. This final UST regulation requires
to its intended precision. This owners and operators of UST systems
C. Addressing Deferrals
commenter recommended EPA change storing fuel solely for use by emergency
the term test to functionality test. EPA This final UST regulation addresses power generators begin meeting these
thinks this change is unnecessary. The airport hydrant fuel distribution systems requirements:
operation and maintenance and USTs with field-constructed tanks.
• For systems installed after the
requirements for release detection In addition, this final UST regulation
effective date of this final UST
feature minimum performance criteria removes the release detection deferral
regulation, at the time of installation
for testing. Each method used to meet for UST systems that store fuel solely for
• For systems installed on or before
the requirement (manufacturer’s use by emergency power generators. As
the effective date of this final UST
instructions, a code of practice, or a result, these UST systems may no
regulation, within three years of the
requirements developed by the longer be subject to Spill Prevention,
effective date of this final UST
implementing agency) must, at a Control, and Countermeasure (SPCC)
regulation
minimum, cover each listed component requirements. Finally, this final UST
and the stated performance criteria. regulation partially excludes from Part EPA is regulating UST systems storing
EPA disagrees with the commenter 280 requirements wastewater treatment fuel solely for use by emergency power
who said EPA should allow self- tank systems, UST systems containing generators because the rationale in the
diagnostic equipment. Similar to the radioactive material regulated under the 1988 UST regulation for deferring
commenter in the previous paragraph, Atomic Energy Act, and UST systems release detection no longer applies. To
EPA is concerned that self-diagnostic that are part of an emergency generator allow time for developing workable
equipment might verify electrical system at nuclear power generation release detection requirements, EPA in
circuitry or communication, but not facilities regulated by the Nuclear the 1988 UST regulation deferred
actually test equipment functionality. Regulatory Commission under 10 CFR release detection requirements for UST
EPA requires testing to be performed in part 50. To the extent these systems systems storing fuel solely for use by
a manner that verifies equipment were regulated by the SPCC emergency power generators. The 1988
operation according to performance requirements, they will continue to be UST regulation preamble indicated that
standards provided for each piece of regulated by those requirements. monthly monitoring requirements were
release detection equipment. For In this final UST regulation, EPA unworkable because these tanks often
example, testing ALLDs must involve partially excludes from part 280 were located at unmanned stations in
simulating a system leak not greater requirements the aboveground storage remote areas and visited infrequently.
than 3 gallons per hour at 10 pounds per tanks associated with airport hydrant EPA always intended for these
square inch line pressure within 1 hour, fuel distribution systems and USTs with systems to meet release detection
or equivalent. ALLDs connected to ATG field-constructed tanks. These requirements when appropriate release
systems or other controllers may aboveground storage tanks are part of detection methods became available.
themselves be used to test electronic the UST system, but are excluded from Since the 1988 UST regulation, release
communication, but unless capable of most of this final UST regulation detection technologies have matured
simulating an appropriate leak in the because they are not underground. At greatly. In addition, technology is now
system, do not meet the performance the time of the 1988 UST regulation, available to perform release detection at
standard and, therefore, cannot be used facilities with an aggregate completely remote sites. Emergency generator tanks
to meet this requirement. buried storage capacity greater than can now be monitored for releases by
In this final UST regulation, EPA is 42,000 gallons and located near the majority of methods listed in
deleting language from the 2011 navigable waters of the United States or subpart D. EPA estimates about 30
proposed UST regulation about adjoining shorelines were subject to percent of emergency generator tanks
inspecting and testing the leak sensing both UST regulations and SPCC already have release detection.
O-ring. Commenters requested EPA regulations. Since then, the SPCC Effective remote monitoring methods
clarify what a leak sensing O-ring is. regulation has been amended and for release detection are now available
and currently used to monitor information at this time to determine approximately 3 percent of the active
unmanned UST systems storing fuel that SIR or other methods that rely on tank population.
solely for emergency generator tanks. metered data are unacceptable for use Additionally, about 20 states
Numerous companies perform remote on emergency generator tanks. Owners currently require release detection for
monitoring for releases at these and operators must carefully consider emergency generator tanks. Automatic
unmanned sites. When there is a whether these methods meet the release tank gauging and secondary
suspected release, a remote monitor detection requirement for their UST containment with interstitial monitoring
transmits a visual or audible alarm to a systems. To meet the release detection are the most common release detection
receiving console at a manned location. requirement, some systems may require methods used for emergency generator
This provides owners and operators reconfiguration and addition of tanks. Line tightness testing, automatic
with real-time release detection data so components such as anti-siphon valves line leak detectors, or secondary
owners and operators can quickly to separate sections of the system. Some containment with interstitial monitoring
respond to suspected releases at sites emergency generator tanks use safe are the most common release detection
with unmanned emergency generator suction piping, in which case release methods used for piping. With
tanks. detection for piping is not required. technology now available to detect
Several commenters raised concerns However, release detection technologies releases from emergency generator tanks
that release detection methods may not have advanced since EPA issued the and because they pose a risk to human
properly operate on some emergency 1988 UST regulation and there are now health and the environment, this final
generator tanks and suggested changes various options available to meet this UST regulation removes the deferral
to the release detection requirement. requirement. EPA understands some from release detection.
Commenters reported these issues: commenters want to require owners and The 2011 proposed UST regulation
required owners and operators meet the
• Looped piping systems, which is operators to install automatic line leak
detectors, which only shut off at the release detection requirement within
piping configured to run continuously
STP or allowing only certain release one year of the effective date of the final
with integrated supply and return
detection methods for these systems. UST regulation. Several commenters
lines, cannot be properly isolated or
However, to provide flexibility to raised concerns that a one-year time
does not have a sufficient quiet period frame to meet this requirement is
to perform a precision test when using owners and operators while continuing
to protect human health and the insufficient for owners and operators to
automatic tank gauging assess, budget, and install release
• Emergency generator tanks with environment, this final UST regulation
detection. Commenters also wanted EPA
copper piping may pose issues with allows owners and operators to choose
the most appropriate release detection to establish a single implementation
meeting the release detection date, which is consistent with effective
requirement due to system methods, including automatic line leak
dates for release detection on other
configurations detectors that trigger an alarm only and
previously deferred tanks. EPA agrees
• Most emergency generator tanks are not necessarily shut down the pump, for
that extending the time frame will allow
single walled and are limited to their systems. For an unmanned facility,
owners and operators sufficient time for
automatic tank gauging as the form of the alarm must be transmitted to a
planning and installing necessary
release detection monitoring center where someone can
equipment to meet the release detection
• Emergency generator tanks with day hear or see the alarm and quickly
requirement; but we disagree with
tanks and aboveground piping may respond to a suspected release.
commenters who suggested a five to ten
need anti-siphon valves One commenter suggested EPA define year implementation date. EPA also
Other commenters suggested EPA what is mission critical as it relates to agrees that establishing a single effective
limit the type of release detection, such emergency generator tanks. While EPA date, which is consistent with other
as statistical inventory reconciliation acknowledges the need for operating effective dates for the release detection
(SIR), owners and operators may use on emergency generator tanks during an requirement, decreases the tracking
emergency generator tanks and that EPA emergency, we think it is unnecessary to burden on implementing agencies as
should require owners and operators define the term mission critical or make well as owners and operators. Based on
install electronic line leak detectors, exceptions for the release detection support for increasing the final
which have a positive system shutdown requirement for these tanks. The implementation date for release
of any product flow in the event of a concern is that owners and operators of detection from one year and EPA’s goal
leak. Other commenters recommended these systems should not have to shut of aligning regulatory implementation
EPA clarify that automatic line leak down their systems during an dates to make compliance easier for
detectors can go to alarm mode only and emergency if they encounter a suspected owners and operators, EPA is requiring
not shut down or restrict product flow release. EPA understands this concern owners and operators of emergency
when a leak is suspected in emergency but thinks owners and operators can generator tanks installed on or before
generator tanks used during a crisis. perform release detection and respond the effective date of this final UST
EPA agrees that not all release to suspected releases while continuing regulation to meet the release detection
detection methods may be suitable for to operate the UST system. requirement within three years of the
all configurations of emergency Emergency generator tanks are located effective date of this final UST
generator tanks. EPA discussed the throughout the country. EPA’s review of regulation. Emergency generator tanks
applicability of SIR on emergency several state databases revealed these installed after the effective date of this
generator tanks in general with several systems are located at hospitals, final UST regulation must meet the
SIR vendors and received conflicting universities, communication utilities, release detection requirements when
responses. A challenge to performing military installations, and other installed.

release detection is establishing a usage locations relying on backup power The 2011 proposed UST regulation
rate of product based on the run time of sources. Based on information from required that no later than 30 days after
the system during operation. Although these databases, EPA estimates UST the effective date of the final UST
EPA thinks it is difficult to achieve systems storing fuel solely for use by regulation, owners of UST systems
accurate results, we do not have enough emergency power generators represent storing fuel solely for use by emergency
power generators notify implementing at high pressures to deliver fuel to final UST regulation. In order to help
agencies that their systems exist. aircraft. In addition, operation and owners and operators of these systems
Commenters stated that this maintenance requirements for airport comply, this final UST regulation adds
requirement is unnecessary because the hydrant systems may differ from those subpart K (UST Systems with Field-
1988 UST regulation excluded for conventional UST systems. Constructed Tanks and Airport Hydrant
emergency generator tanks from only This final UST regulation removes the Fuel Distribution Systems) and places
the release detection requirement. EPA 1988 deferral and requires owners and most regulatory requirements for both
agrees with commenters. This final UST operators of UST systems with field- airport hydrant systems and field-
regulation does not include this one- constructed tanks comply with constructed tanks in one location. Since
time notification requirement for applicable requirements. Similar to 1988, owners and operators of these
emergency generator tanks. airport hydrant systems, EPA is tailoring systems have been required to comply
the requirements to the unique nature of with the requirements for subparts A
2. Airport Hydrant Fuel Distribution field-constructed tanks. UST systems
Systems and UST Systems With Field- (Program Scope and Interim
with field-constructed tanks (referred to Prohibition) and F (Release Response
Constructed Tanks as field-constructed tanks) range from and Corrective Action for UST Systems
This final UST regulation removes the conventional sizes to very large
1988 deferral and requires owners and Containing Petroleum or Hazardous
capacities greater than 2 million gallons.
operators of airport hydrant fuel Substances).
A few commenters suggested EPA
distribution systems (referred to as write regulations specifically for airport This final UST regulation requires
airport hydrant systems) comply with hydrant systems and field-constructed airport hydrant systems and field-
applicable requirements. However, EPA tanks, since they are distinctly different constructed tanks installed on or before
is tailoring the requirements to the from conventional USTs. EPA agrees the effective date of the final UST
unique nature of airport hydrant that airport hydrant systems and field- regulation begin meeting the
systems. Airport hydrant systems constructed tanks are different from requirements of subpart K according to
function and are designed differently conventional USTs. Additionally, EPA the schedule below. Airport hydrant
than conventional USTs. Unlike thinks it would help owners and systems and field-constructed tanks
conventional USTs, airport hydrant operators if the requirements for airport installed after the effective date of this
systems consist of networks of large hydrant systems and field-constructed final UST regulation must meet the
diameter underground piping operating tanks are in a separate subpart of the requirements at the time of installation.
Requirement Effective date
Upgrading UST systems, general operating requirements, and operator Three years after the effective date of this final UST regulation.
training.
Release detection ..................................................................................... Three years after the effective date of this final UST regulation.
Release reporting, response, and investigation; closure; financial re- On the effective date of this final UST regulation.
sponsibility and notification, except as provided in § 280.251(2)(b).
This final UST regulation modifies • These tanks must be monitored can detect a leak rate of 2 gallons
the 2011 proposed UST regulation by using release detection methods per hour or less; and at least every
revising the definition of airport hydrant specified in subpart D: two years, use a tank tightness test
fuel distribution system and defining a Æ Shop fabricated tanks and that can detect a 0.2 gallon per hour
field-constructed tank. Æ Field-constructed tanks with a leak rate
An airport hydrant fuel distribution capacity less than or equal to 50,000 Æ At least every two years, perform
system (also called airport hydrant gallons vapor monitoring (conducted
system) is defined as an UST system • Field-constructed tanks with a according to § 280.43(e) for a tracer
which fuels aircraft and operates under capacity greater than 50,000 gallons compound placed in the tank
high pressure with large diameter must either be monitored using release system) capable of detecting a 0.1
piping that typically terminates into one detection methods specified in subpart gallon per hour leak rate
or more hydrants (fill stands). The D (except tanks using groundwater and Æ At least every 30 days, perform
airport hydrant system begins where vapor monitoring must combine that inventory control, conducted
fuel enters one or more tanks from an method with inventory control as according to Department of Defense
external source, such as a pipeline, described in the alternatives below) or (DoD) Directive 4140.25; Air
barge, rail car, or other motor fuel use one of the alternatives below Transport Association (ATA)
carrier. Æ Conduct an annual tank tightness Airport Fuel Facility Operations
A field-constructed tank is defined as test that can detect a 0.5 gallon per and Maintenance Guidance Manual;
a tank constructed in the field. For hour (gph) leak rate or equivalent procedures that can
example, a tank constructed of concrete Æ At least once every 30 days, use an detect a leak equal to or less than
that is poured in the field, or a steel or automatic tank gauging system to 0.5 percent of flow through and
fiberglass tank primarily fabricated in perform release detection, which either
the field is considered field-constructed. can detect a leak rate of 1 gallon per D At least every two years, perform a
hour or less; and at least once every tank tightness test that can detect a
Overview of Actions
three years, use a tank tightness test 0.5 gallon per hour leak rate or
Release Detection—Tanks that can detect a 0.2 gallon per hour D At least every 30 days, perform
This final UST regulation requires leak rate vapor monitoring or groundwater
airport hydrant system tanks and field- Æ At least once every 30 days, use an monitoring (conducted according to
constructed tanks meet these automatic tank gauging system to § 280.43(e) or (f), respectively, for
requirements: perform release detection, which the stored regulated substance)
The implementing agency may Release Detection—Piping • Piping must be monitored using
approve another method of release release detection methods specified in
detection if the owner or operator can Underground piping associated with subpart D, except that piping using
demonstrate the method can detect a field-constructed tanks less than or groundwater and vapor monitoring must
release as effectively as any of methods equal to 50,000 gallons must meet the combine that method with inventory
listed above. In comparing methods, the release detection requirements in control as described in the alternatives
implementing agency shall consider the subpart D of the final UST regulation. below, or
size of release the method can detect Underground piping associated with • Use one of these alternatives
and frequency and reliability of airport hydrant systems and field- Æ Perform a semiannual or annual
detection. constructed tanks greater than 50,000 line tightness test at or above
gallons must meet these requirements: operating pressure according to the
table below
MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME
Semiannual Annual test—
test—leak leak detection
detection
Test section volume rate not to
rate not
(gallons) exceed
to exceed (gallons per
(gallons per hour)
hour)
<50,000 .................................................................................................................................................................. 1.0 0.5

≥50,000 to <75,000 ............................................................................................................................................... 1.5 0.75
≥75,000 to <100,000 ............................................................................................................................................. 2.0 1.0
≥100,000 ................................................................................................................................................................ 3.0 1.5
Piping segment volumes greater than hour leak rate for semiannual testing, gallons per hour according to this
or equal to 100,000 gallons, which are may be tested at a leak rate up to 6 schedule:
not capable of meeting the 3 gallons per
PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME

First test ................................................... Not later than three years after the effective date of this final UST regulation (may use up to 6 gph
leak rate).
Second test .............................................. Between three and six years after the effective date of this final UST regulation (may use up to 6 gph
leak rate).
Third test .................................................. Between six and seven years after the effective date of this final UST regulation (must use 3 gph
leak rate).
Subsequent tests ..................................... Beginning seven years after the effective date of this final UST regulation, use semiannual or annual
line testing according to the Maximum Leak Detection Rate Per Test Section Volume table above.
Æ At least every two years, perform • The implementing agency may gallons need not be secondarily
vapor monitoring according to approve another method of release contained or
§ 280.43(e) for a tracer compound detection if the owner or operator can • Airport hydrant systems and field-
placed in the tank system capable of demonstrate that the method can detect constructed tanks installed on or
detecting a 0.1 gallon per hour leak a release as effectively as any of the before the effective date of the final
rate methods listed above; in comparing UST regulation must either meet the
methods, the implementing agency shall corrosion protection upgrade
Æ At least every 30 days, perform
consider the size of release the method requirements in § 280.252(b)(1) or the
inventory control, conducted
can detect and the frequency and new tank and piping standards
according to DoD Directive 4140.25, reliability of detection. described above
ATA Airport Fuel Facility
Operations and Maintenance Release Prevention Airport hydrant systems and field-
Guidance Manual, or equivalent constructed tanks installed on or before
This final UST regulation requires the effective date of the final UST
procedures, that can detect a leak
airport hydrant systems and field- regulation that are not upgraded
equal to or less than 0.5 percent of constructed tanks meet corrosion
flow through and either according to § 280.252(b) within three
protection, spill, overfill, and years of the effective date of the final
D At least every two years, perform a walkthrough inspection requirements. UST regulation must be permanently
line tightness test using the leak Corrosion protection installed on airport closed according to subpart G. The
detection rate for the semiannual hydrant systems and field-constructed presence of an internal lining does not
test in § 280.252(d)(2(i) or tanks must meet either: meet the corrosion protection upgrade
D At least every 30 days, perform • New tank and piping standards requirement.
vapor monitoring or groundwater described in § 280.20, except that new Owners and operators of airport
monitoring (conducted according to and replaced hydrant piping and hydrant systems and field-constructed
§ 280.43(e) or (f), respectively, for piping associated with field- tanks must install spill and overfill
the stored regulated substance) or constructed tanks greater than 50,000 prevention equipment and meet the
periodic spill testing and overfill the financial responsibility releases from these tanks to
inspection requirements of § 280.35. requirements in subpart H at the time implementing agencies. Owners and
Owners and operators must install the the one-time notification of existence is operators were not required to report
equipment and conduct the first spill submitted to the implementing agency. suspected releases to implementing
test and overfill inspection no later than Owners and operators who install these agencies, which sometimes resulted in
three years after the effective date of this systems after the effective date of this gaps for ensuring proper site
final UST regulation and every three final UST regulation must meet the investigations or transmission of
years thereafter. For airport hydrant financial responsibility requirements at sufficient release information. As a
systems brought into use after the installation. This requirement does not result, implementing agencies have little
effective date of this final UST apply to state or federal owners of to no available historical records
regulation, spill and overfill prevention airport hydrant systems and field- regarding releases of regulated
equipment requirements must be met at constructed tanks. substances from airport hydrant systems
installation. and field-constructed tanks.
Owners and operators must conduct Partially Excluded Components In the 2011 proposed UST regulation,
walkthrough inspections that meet the This final UST regulation excludes EPA provided details on several releases
requirements of § 280.252(c). Owners aboveground storage tanks associated that previously occurred at airport
and operators must conduct the first with airport hydrant systems and field- hydrant systems. Since that time, EPA
inspection within three years after the constructed tanks from the requirements identified additional information on
effective date of the final UST of subparts B, C, D, E, G, J, and K. releases from both DoD and commercial
regulation. In addition to the items Owners and operators are still required airport hydrant systems. For example, at
inspected as part of the walkthrough to comply with subparts A (Program Hartsfield Jackson International Airport
inspection for other regulated UST Scope and Installation Requirements for in Georgia, active remediation and free
systems, owners and operators of airport Partially Excluded UST Systems); and F product recovery is ongoing (as of 2014)
hydrant systems must inspect hydrant (Release Response and Corrective due to a 1988 release of an estimated
pits and hydrant piping vaults every 30 Action for UST Systems Containing 14,000 gallons of jet fuel.44 In 2003, an
days for areas that do not require Petroleum or Hazardous Substances) for estimated 100,000 gallons of jet fuel
confined space entry according to the these tanks. leaked from the valves and flanges of an
Occupational Safety and Health airport hydrant system at Minneapolis-
Administration (OSHA) and annually Operator Training St. Paul International Airport in
for areas that do require confined space This final UST regulation requires Minnesota. Some of the jet fuel was
entry. Owners and operators must keep owners and operators of airport hydrant released into the sanitary sewer and
documentation of the inspection systems and field-constructed tanks nearby waterway. During the
according to § 280.36(b). meet the operator training requirements investigation of the jet fuel release,
in subpart J. personnel discovered a second jet fuel
Notification
leak at a different concourse; this leak
This final UST regulation requires Closure Requirements for Previously impacted the stormwater system and
owners and operators of regulated Closed Tanks produced oily sheens in the Minnesota
airport hydrant systems and field- When directed by the implementing River. Responsible parties agreed to pay
constructed tanks meet these agency, owners and operators of airport civil penalties and complete
notification requirements: hydrant systems and field-constructed environmental projects, including
• For airport hydrant systems and field- tanks permanently closed before the continued site remediation and fuel
constructed tanks currently installed, effective date of this final UST recovery.45 In 1983 at Camp Lejeune,
owners and operators must submit no regulation must assess the excavation North Carolina, investigators discovered
later than 3 years after the effective zone and close the UST system multiple feet of free product while using
date of this final UST regulation a according to subpart G if releases from a hand auger to investigate the cause of
one-time notification to their the UST may, in the judgment of the a fuel inventory discrepancy.46 In
implementing agency that their implementing agency, pose a current or addition, from the 1960s to the 1980s,
systems exist potential threat to human health and the thousands of gallons of jet fuel leaked
• For airport hydrant systems and field- environment. from a former airport hydrant system at
constructed tanks installed after the Pope Air Force Base, North Carolina. At
Background
effective date of the final UST one time, it was noted that as much as
regulation, owners and operators must Tanks and piping associated with 75,000 gallons of free product was
provide their implementing agency a airport hydrant systems and field- floating on top of the groundwater
notification of each newly installed constructed tanks can store millions of because of these releases. As of 2014,
system within 30 days of bringing gallons of fuel and handle large volumes the site is undergoing remediation.47 In
each system into use of regulated substances on a daily basis. addition, at Marine Corps Air Station
• Owners must provide their Leaks from these systems can Cherry Point, North Carolina there have
implementing agency a notification of contaminate subsurface soil beneath the been multiple releases from the airport
ownership change for each newly airport apron and runways,
acquired airport hydrant system or groundwater, and nearby surface water 44 Corrective Action Plan—Part B: Hartsfield-
field-constructed tank within 30 days systems, posing a significant risk to Jackson International Airport, Concourse Pit.
Number 19 Fuel Spill.
of the date on which the new owner human health and the environment. As 45 http://www.pca.state.mn.us/index.php/about-
a result, EPA is removing the deferral.
assumes ownership mpca/mpca-news/current-news-releases/news-

Some commenters indicated EPA release-archive-2005/airport-agrees-to-pay-
Financial Responsibility needed to justify that airport hydrant $540000-for-environmental-violations.html?nav=0.
46 http://www.tftptf.com/New_ATSDR3/RR_
This final UST regulation requires systems and field-constructed tanks are
DRAFT_RAO.pdf.
owners and operators of airport hydrant leaking in order to regulate them. The 47 Federal Remediation Technologies Roundtable
systems and field-constructed tanks that 1988 UST regulation required owners Abstracts of Remediation Case Studies, Volume 3
have not been permanently closed meet and operators report only confirmed http://epa.gov/tio/download/frtr/abstractsvol3.pdf.
hydrant system underground piping. presented scenarios of typical airport Example 2: A 2 million gallon AST
The station was cited twice in the 1990s hydrant systems in a guidance feeds two 100,000 gallon field-
for contaminating soil and groundwater document provided during the public constructed underground storage tanks
under this fuel facility due to leaking comment period. and two 50,000 gallon underground
tanks or fuel spills. An extensive After publishing the 2011 proposed tanks constructed in the factory which
environmental remediation effort is UST regulation, EPA met with feed 100,000 gallons of underground
underway in 2014 to clean this site. stakeholders to gather more information hydrant piping. Calculating these values
Contamination from many of the on airport hydrant system design and yields a total system capacity of
releases combined and migrated to form operation.50 51 EPA also provided 2,400,000 gallons with 400,000 gallons
a single plume. another iteration of the schematics that underground. More than 16% of this
In the 2011 proposed UST regulation, contained better defined airport hydrant airport hydrant system is underground
EPA also provided details on several system scenarios. However, some making it an UST.
previous releases that occurred from commenters still were confused about In response to comments on the
field-constructed tanks. Since that time, which specific components of an airport proposed definition, EPA is clarifying
EPA identified additional anecdotal hydrant system would be regulated.52 the definition of an airport hydrant
information on releases from field- Many commenters requested that EPA system in this final UST regulation. EPA
constructed tanks. At Adak Island, provide guidance on how to perform the determined that multiple tanks grouped
Alaska’s Tank Farm A, records show calculations to determine whether the or interconnected together can function
fuel was released at various times from airport hydrant system meets the as one system to fuel an airport hydrant
21,000 to 420,000 gallon field- definition of an underground storage system. EPA agrees with commenters
constructed tanks and piping. As of tank and requested clarification of that it would not be feasible to separate
2014, all tanks have been removed, but system components. In response to these tanks to define an airport hydrant
the former fuel farm is still undergoing these comments, EPA is providing system. EPA also found that other tanks
remediation through long term guidance below. not directly connected to the
monitoring and monitored natural In order for an airport hydrant system underground airport hydrant piping also
attenuation.48 Also at Adak Island, an to be subject to the final UST regulation, could feed the airport hydrant system.
overfill during a fuel transfer caused it must first meet the definition of an The Agency is concluding that an
142,800 gallons of diesel fuel to leak underground storage tank. Airport airport hydrant system may consist of
from a 4.8 million gallon underground hydrant systems are not regulated UST
field-constructed tank into the interconnected aboveground and
systems under 40 CFR part 280, unless underground storage tanks (that could
immediate and surrounding 10 percent or more of the total capacity
environment, causing harm to native be constructed in the factory or field-
of the system is beneath the surface of constructed) and piping that function as
wildlife.49 the ground. When performing the
Releases can have a major impact on integral and interchangeable
calculation, include all tanks and components of the fueling system.
human health and the environment. underground piping that are part of the
Release prevention equipment, regular Field-constructed tanks that are part of
airport hydrant system. An airport the airport hydrant system are treated as
release detection tests, operator training, hydrant system may have one or more
periodic walkthrough inspections, and part of the airport hydrant system and
of the following connected together: not independent UST systems that are
proper operation and maintenance are Aboveground tanks, underground tanks,
keys to preventing and quickly field-constructed. The airport hydrant
field-constructed tanks, or factory system begins when regulated substance
identifying releases before they
constructed tanks. Below are two enters from an external source such as
contaminate the surrounding
examples. Note that aboveground piping a pipeline, barge, rail car, or other motor
environment. This final UST regulation
is not included when calculating the vehicle carrier, but does not include the
adds these requirements for airport
total volume. external source. Airport hydrant
hydrant systems and field-constructed
Example 1: A 1 million gallon systems use large diameter piping and
tanks in order to help prevent and
aboveground storage tank (AST) operate at pressures higher than those of
quickly detect leaks from these systems
connected to underground piping with a conventional UST. This final
into the environment.
a capacity of 100,000 gallons does not definition alleviates stakeholder
Definition of an Airport Hydrant System meet the definition of an UST, as uncertainty on which components of an
The 1988 UST regulation did not explained below: airport hydrant system must meet the
provide a definition for airport hydrant 1 million gallons (AST) + 100,000 UST regulation by including all integral
system. In the 2011 proposed UST gallons (underground pipe) = 1.1 components that form an airport
regulation, EPA provided a definition of million gallons total volume hydrant system and deliver fuel to the
an airport hydrant system to clarify 1.1 million gallons × 10% = 110,000 aircraft. These systems include
what components would be regulated. gallons underground piping and ASTs or USTs
However, that definition was based on The volume of the underground that hold aircraft fuel (for example,
an airport hydrant system that received piping (100,000 gallons) is less than 10 settling tanks or product recovery
fuel at a single delivery point, designed percent of the total volume of the tanks tanks). They do not include tanks or
with all components operating in and underground piping (110,000 underground piping not storing aircraft
tandem, and included only the gallons). fuel (for example, additive tanks) or
immediate piping and tank directly tanks and underground piping not
feeding the airport hydrant piping. To connected to the airport hydrant system
50 January 28, 2012, March 29, 2012, and October

clarify for owners and operators, EPA 19, 2012 meetings with representatives from (for example, a system that fuels an
Airlines for America. emergency power generator for a pump
48 Tank Farm A http://dec.alaska.gov/ 51 February 28, 2013 and March 18, 2013
house). In addition, EPA is aware there
Applications/SPAR/CCReports/Site_ meetings with DoD’s Defense Logistics Agency
Report.aspx?Hazard_ID=686. Energy. may be instances where an airport
49 http://www.darrp.noaa.gov/northwest/adak/ 52 Airport Hydrant Systems Scenarios Revised, hydrant system might include
pdf/ADAK_DARPEA_FINAL_Draft%20PDF.pdf. dated February 28, 2012. permanently installed dispensing
equipment at the end of the hydrant threat to human health and the EPA found that most of the commercial
piping instead of a fill stand. However, environment. Typical tank sizes range airport hydrant systems have release
since these systems still operate under from 20,000 gallons to greater than 2 prevention and detection equipment
high pressure and contain large million gallons. EPA is aware of currently installed on them and airport
diameter piping, we consider them to be approximately 330 UST systems with personnel are already performing
airport hydrant systems. field-constructed tanks owned by the various activities that can be modified
Department of Defense and 12 field- to meet the final UST regulation.
Definition of a Field-Constructed Tank
constructed tanks owned by the
The preamble to the 1988 UST Department of Energy (DOE). Process for Obtaining Public Comment
regulation described a field-constructed One commenter objected to EPA One commenter suggested that EPA:
tank as a tank usually constructed of regulating airport hydrant systems • Did not follow all requirements to
steel or concrete and shaped like flat because the 2011 proposed UST allow stakeholder input prior to
vertical cylinders, with a capacity of regulation addressed airport hydrant issuing the 2011 proposed UST
greater than 50,000 gallons. Tanks that systems at military facilities and did not regulation
are primarily factory built, but include systems at commercial airports. • Did not allow stakeholders adequate
assembled in the field, are considered When issuing the 2011 proposed UST time to provide comments
factory built tanks. For example, regulation, EPA thought the universe of • Failed to follow the correct public
welding two halves of a factory these systems was mainly owned by notice procedures
constructed tank together in the field DoD, based on information from DoD • Failed to inform stakeholders of two
does not qualify the tank as a field- and commercial airport representatives. commercial airports that might be
constructed tank. Several commenters The 2011 proposed UST regulation also affected by the final UST regulation
requested EPA define field-constructed assumed the universe included two • May have led commercial airport
tank in the final UST regulation in order commercial airports with airport stakeholders to doubt that any
for implementing agencies and owners hydrant systems. Airlines for America commercial airport hydrant systems
and operators to know which tanks are (A4A, formerly known as Air Transport would be affected by the final UST
applicable. While EPA thinks this term Association of America, Inc.) provided regulation
is self-evident, this final UST regulation additional information during the The commenter also suggested EPA
defines field-constructed tank as a tank public comment period that suggested should withdraw the 2011 proposed
constructed in the field. For example, a nine commercial airports would be UST regulation because the
tank constructed of concrete that is affected by the final UST regulation. As administrative record and resulting
poured in the field, or a steel or a result of the comments received, EPA proposal conflicted with Executive
fiberglass tank primarily fabricated in did extensive research to confirm which Order 13563 (Improving Regulation and
the field is considered field-constructed. commercial airports might be affected Regulatory Review).60
Please note this definition excludes by the final UST regulation. EPA met EPA disagrees with these comments.
those tanks with components primarily with personnel from DoD and from eight We performed extensive stakeholder
manufactured in a factory with minimal of the nine suggested commercial outreach both prior to developing the
assembly in the field. EPA considers airport facilities to gather additional 2011 proposed UST regulation and
those tanks are factory built tanks. information and determine the universe during the public comment period. In
Field-constructed tanks vary from sizes of airport hydrant systems that would addition, EPA followed procedures
smaller than 50,000 gallons to sizes very have to comply with the final UST required by the Administrative
large in capacity. Large capacity tanks regulation.53 54 55 56 Additionally, EPA Procedure Act for providing public
may exceed size or shape limitations listened to concerns and answered notice and requesting public comment
that prohibit transportation of the tank questions about the 2011 proposed UST through the Federal Register. In order to
in whole to the UST site. Field- regulation. EPA also met with release allow additional time for airport
constructed tanks present an detection vendors to determine whether authorities to perform a preliminary
engineering, design, or transportation commercial airports and DoD facilities assessment and respond to the 2011
concern that cannot be addressed by could achieve release detection proposed UST regulation, EPA extended
fabrication in a factory or are more compliance within the specified time the public comment period by two
ideally addressed through in-field frames.57 58 59 EPA concluded that of the months as requested by commenters.61
construction. This definition includes nine airports A4A named, eight would EPA met with all interested
tanks that are mounded or partially possibly be affected by the final UST stakeholders who requested meetings,
buried, such as those defined in 40 CFR regulation. Based on these meetings, including representatives of commercial
part 112, if 10 percent or more of the airports. EPA carefully researched
volume of the system is beneath the 53 Discussions With Commercial Airports That
information provided during the public
ground’s surface or otherwise covered May Be Affected By The Final UST Regulation
dated February 6, 2013. comment period; this included verifying
with earthen material. EPA considers a 54 Note that EPA did not meet with personnel methods of release detection currently
field-constructed tank that is part of a from Indianapolis International Airport however,
wastewater treatment system to be A4A and vendors stated that the airport hydrant 60 On January 18, 2011, President Obama issued
partially excluded from the final UST system is equipped with the necessary equipment Executive Order 13563, which directed federal
to meet requirements in the final UST regulation.
regulation according to § 280.10(c). See 55 January 28, 2013 and March 29, 2012 meetings
agencies to develop a preliminary plan which
section C–3 for additional information outlined the agency’s approach for periodically
with A4A. reviewing regulations to determine whether any
on the partial exclusion for wastewater 56 February 28, 2013 and March 18, 2013
rules ‘‘should be modified, streamlined, expanded,
treatment tank systems. meetings with DoD’s Defense Logistics Agency or repealed so as to make the agency’s regulatory
Energy. program more effective or less burdensome in
Universe of Field-Constructed Tanks 57 June 20, 2012 and May 19, 2013 meeting with
achieving the regulatory objectives.’’
and Airport Hydrant Systems Affected Hansa Consult of North America, LLC. 61 January 5, 2012 request from A4A for a 60-day
58 June 20, 2012 meeting with VISTA Precision
extension for more time to review and query its
UST systems with field-constructed Solutions. membership and potentially affected airports for a
tanks are generally very large and, in the 59 August 15, 2012 meeting with Ken Wilcox and more complete understanding of the 2011 proposed
event of a release, pose a substantial Associates. UST regulation and potential costs.
in use at commercial airports and DoD evaluate other requirements that owners mitigated by the SPCC regulation, which
facilities, as well as what methods and operators of airport hydrant systems allows UST release detection as a
would be technically feasible at those and field-constructed tanks perform as method to meet its tank inspection
facilities. When issuing the 2011 part of fuel management programs. One requirement. The SPCC regulation
proposed UST regulation, EPA thought commenter also asserted that this requires owners and operators conduct
Lambert-St. Louis International Airport evaluation was necessary to comply integrity and leak testing of buried
and Denver International Airport were with Executive Order No. 13563.63 After piping at the time of installation,
the only commercial airports that would issuing the 2011 proposed UST modification, construction, relocation,
be affected by the final UST regulation. regulation, EPA performed this or replacement, but does not specify a
EPA identified these airports in a evaluation by gathering information on method, frequency, or leak rate. The
meeting with Airlines for America. fuel management programs (such as UST regulation is more specific and
During that meeting, the Agency also release prevention, repairs, operation requires periodic release detection
received additional information on and maintenance, inspections, and testing of underground piping.
other airports possibly affected by the operator training) owners and operators EPA thinks that other regulatory
proposal.62 While EPA did not at these facilities must perform in order programs (such as SPCC and FAA) lack
specifically identify the two commercial to meet other federal, state, and industry the necessary specificity or do not meet
airports that would potentially be regulations.64 For example, EPA found equivalency criteria we deem are
affected by the final UST regulation, the that requirements administered by the necessary for these UST systems.
1988 UST regulation has been in effect Federal Aviation Authority (FAA), such Additionally, even though some A4A
for over two decades and portions of it as 14 CFR part 139 (Certification of documents provide many recommended
have applied to airport hydrant systems Airports), and directives, such as ATA practices that owners and operators of
since that time. Owners and operators of 103 and United Facilities Criteria (UFC) airport hydrant systems and field-
these systems have been required to 3–460–03, require owners and operators constructed tanks may follow for their
comply with those applicable portions of airport hydrant systems inspect fuel management programs, these
of the UST regulation since 1988, and it airport hydrant systems and connected practices are not regulatory
has been the responsibility of owners components. EPA also found that 14 requirements, and airports have the
and operators to determine whether CFR part 139 (Certification of Airports) option of following them. Moreover,
their airport hydrant systems are emphasizes overall airport safety EPA developed a final UST regulation
regulated since the effective date of the practices. that is cost effective to the extent
1988 UST regulation. Nonetheless, EPA One commenter asked whether EPA practical and is the least burdensome to
stated in the 2011 proposed UST evaluated the SPCC requirements for owners and operators, yet still protects
regulation that airport hydrant systems regulating underground portions of human health and the environment.
are ‘‘. . . mainly owned by the airport hydrant systems. Another This final UST regulation does not
Department of Defense (DoD) . . .,’’ not commenter suggested that EPA evaluate impose redundant requirements. Rather,
that DoD is the sole owner of all airport the effectiveness of existing state it contains complementary requirements
hydrant systems. This statement requirements for field-constructed that will protect human health and the
indicates there are non-DoD owned tanks.65 EPA is aware that commercial environment.
airport hydrant systems that could be airports and DoD facilities comply with
Effect on Airport Operations
affected by this final UST regulation. SPCC requirements for their airport
hydrant systems and field-constructed One commenter suggested the
Impacts of Regulating Airport Hydrant tanks. However, UST and SPCC requirements in the 2011 proposed UST
Systems and Field-Constructed Tanks regulations are complementary. The regulation were not legally or
Commenters generally supported SPCC regulation focuses on oil technically viable for commercial
removing the deferral for these systems. discharges that could impact navigable airports. That commenter said EPA
However, there were some commenters waters, while the UST regulation should develop a separate regulation
who opposed regulating these systems. focuses mainly on day-to-day specific to commercial airport hydrant
A few commenters were concerned maintenance and operation to prevent systems. In addition, a few commenters
about the costs for owners and operators releases to soil and groundwater. For were concerned that removing the
to comply with the release detection example, the SPCC regulation requires a deferral for airport hydrant systems
requirements of the final UST tank inspection, such as an American would cause service disruptions due to
regulation. EPA acknowledges that some Petroleum Institute (API) Standard 653 installing release prevention and
release detection methods may result in inspection, which ensures aboveground detection equipment. Those
additional costs to owners and storage tanks and piping are structurally commenters also said performing
operators. However, EPA carefully sound. In addition, regulatory overlap is release prevention and detection would
researched current release detection cause massive service delays, affect
efforts at commercial airports and DoD 63 Executive Order 13563 requires federal military missions, and threaten national
facilities and used that information to agencies to avoid implementing unnecessary security and the National Airspace
redundant requirements and promulgate regulations
estimate costs. See the RIA, which is that are less burdensome to the regulated
System.
available in the docket for this action, community. Based on discussions with DoD prior
for additional information about how 64 EPA performed an assessment of the following to issuing the 2011 proposed UST
we estimated costs. additional requirements that owners and operators regulation and talking to DoD and
follow: 40 CFR part 112 (SPCC); 14 CFR part 139 potentially affected airports after issuing
Other Regulations That Affect Airport (FAA); A4A 123; ATA 103; ATA O&M Guidance;
it, EPA concluded that most facilities
UFC 3–460–1 [Proposed UST Requirements

Hydrant Systems and Field-Constructed Compared To Existing Facility Requirements And already have the necessary equipment to
Tanks Recommended Practices]. meet many of the requirements in the
65 New York allows owners and operators to
To avoid overlapping regulations, final UST regulation. EPA also
perform a modified American Petroleum Institute
several commenters suggested EPA Standard 653 inspection combined with monitoring
concluded from those conversations that
well release detection for large field-constructed release detection is normally performed
62 January 28, 2012 meeting with A4A. tanks. during service downtimes or when
operations are minimal. Some airport effective date is important because it adding the military construction criteria
hydrant systems have the capability of reduces the burden on implementing UFC 3–460–01—Petroleum Fuel
transferring product flow to other agencies, owners, and operators to track Facilities to this final UST regulation.66
sections of the airport hydrant system to various compliance deadlines. EPA is Although design standards are now
avoid system downtime. DoD stated that also allowing owners and operators who available for aboveground field-
leak testing is performed according to use periodic tightness testing for certain constructed tanks, EPA is not aware of
prescribed requirements in Florida and piping to phase in release detection standards written according to a
California and at least biennially in requirements up to seven years. national code of practice developed by
other states when funding allows. Additionally, EPA thinks three years a nationally recognized or independent
Where feasible, piping is normally gives owners and operators sufficient testing laboratory for non-military field-
tested in segments to meet testing leak time for planning and installing constructed tanks and airport hydrant
rates; piping segments can be isolated to necessary equipment to meet the systems. If demand arises and a
find leaks more efficiently. EPA learned requirements in this final UST commercial standard is not developed
that some airport hydrant systems are regulation. to address the need, owners and
capable of bypassing areas when airport operators may use the UFC, where
Other Comments
hydrant piping is being tested; this applicable.
avoids total system shutdown and Commenters generally supported
changing the applicability date for Release Detection
allows continued airport operation. In
addition, many airport personnel previously closed systems of airport Background
perform daily operations and hydrant systems and field-constructed In the preamble to the 1988 UST
maintenance activities, such as hydrant tanks, giving implementing agencies the regulation, EPA discussed the large
pit inspections and leak monitoring, on flexibility to require a site assessment volumes of product throughput, large
airport hydrant system components to and proper closure of systems closed capacities, and long lengths of large
avoid product loss, ensure fuel quality, between the effective date of the 1988 diameter piping for airport hydrant
and ensure personnel safety. UST regulation and this final UST systems. At the time, EPA believed
This final UST regulation regulation. EPA agrees with release detection was not feasible for
incorporates many of those tasks that commenters. As a result, this final UST airport hydrant systems. These systems
operators normally perform regularly to regulation requires owners and were monitored for releases
prevent and detect leaks from these operators of field-constructed tanks and periodically, but no single leak test
systems. However, to meet the final UST airport hydrant systems, which were existed as an industry standard.
regulation, owners and operators may permanently closed before the effective Inventory control was often used, but its
need to make minor modifications to date of this final UST regulation, to sensitivity was limited due to the large
their current activities. Since many conduct a site assessment and close the product volumes airport hydrant
airports have mechanisms in place and UST system according to the closure systems typically handle. To allow more
are already performing release requirements if directed to do so by the time for gathering information, EPA in
monitoring, meeting requirements in the implementing agency. the 1988 UST regulation deferred
final UST regulation will not severely In the 2011 proposed UST regulation,
regulating airport hydrant systems from
affect airport operations or cause service EPA asked commenters if we should
release detection requirements in
delays severe enough to significantly consider alternative options for closing
subpart D. EPA also deferred UST
affect the military mission or disrupt the very large UST systems in place. Most
systems with field-constructed tanks
National Airspace System. EPA commenters recommended that large
from most requirements in the 1988
concluded that the information we field-constructed tanks either be
UST regulation, due to a lack of
gathered since issuing the 2011 removed or filled with an inert solid
appropriate release detection methods.
proposed UST regulation supports material to prevent releases of residual
At that time, EPA believed the majority
regulating these systems as required in contamination to the environment.
of release detection methods applied to
the final UST regulation. In addition, Others suggested EPA allow some
factory built tank systems and did not
this final UST regulation includes flexibility when closing these UST
adequately work for UST systems with
changes to ensure compliance systems in place. EPA agrees with
field-constructed tanks or airport
requirements are less disruptive and commenters that implementing agencies
hydrant systems.
further mitigate concerns regarding may need to have more flexibility in
service disruptions, such as adding addressing these systems at closure. Challenges of Conventional Release
options owners and operators may use EPA is modifying the closure Detection Methods
to meet the release detection requirement in § 280.71(b) of the final Standard release detection methods
requirement. UST regulation to allow closure in place can successfully test and detect releases
in a manner approved by the on pressurized piping at commercial
Implementation Time Frame implementing agency. This addition service stations, but that is not the case
EPA is aware that this final UST provides implementing agencies the for airport hydrant systems and large
regulation adds new requirements for option to determine that owners and diameter piping associated with field-
owners and operators, as well as operators may close the UST system in constructed tanks. For a variety of
implementing agencies which have not place without filling it with an inert reasons, the piping of most airport
fully regulated airport hydrant systems solid material. hydrant systems and field-constructed
and field-constructed tanks in the past. One commenter recommended that tanks cannot meet release detection
A few commenters voiced concerns that EPA, in the final UST regulation,
the proposed implementation time directly reference the military 66 UFC 3–460–01—Petroleum Fuel Facilities is a
frames would not give owners and construction standard associated with military construction criteria that includes basic
operators, or implementing agencies, field-constructed tank design and requirements for the design of fueling systems; the
design of receiving, dispensing, and storage
adequate time to assess these systems construction discussed in the preamble facilities; ballast treatment and sludge removal;
and determine the proper course of to the 2011 proposed UST regulation. corrosion and fire protection; and environmental
action. EPA thinks providing a single EPA agrees with the commenter and is requirements.
requirements in the 1988 UST increases, the time for a tank to reach an Feasibility of Proposed Release
regulation. High product throughput equilibrium increases significantly. Detection Options for Piping
makes it difficult and expensive to Based on discussions with release In order to allow owners and
achieve the same leak rate thresholds detection vendors, many larger tanks operators flexibility to meet the release
established for traditional UST systems require multiple inactive days to yield detection requirement, EPA proposed
within a reasonable time frame. Product an accurate test result. these four alternatives for underground
temperature fluctuations present DoD owns most UST systems with piping associated with airport hydrant
challenges for release detection testing field-constructed tanks. Taking these systems and field-constructed tanks
of conventional underground piping. tanks out of service for multiple days to greater than 50,000 gallons:
However, release detection for piping of meet the 1988 release detection • Pressure based line testing methods
airport hydrant systems and large requirement would, in some cases, • Continuous interstitial monitoring
diameter piping associated with field- impede DoD’s mission, be impractical to • Automatic line leak detector
constructed tanks poses greater sustain, and result in significant costs. combined with interstitial monitoring
challenges. As temperatures fluctuate, and
product expands or contracts, increasing Release Detection Is Now Available
• Other methods approved by
or decreasing product volume and While release detection used for implementing agencies
pressure. The magnitude of piping conventional USTs may not work well EPA requested comment or additional
associated with these systems creates an for airport hydrant systems and field- data on the proposed release detection
even greater temperature fluctuation; constructed tanks greater than 50,000 requirements to determine their
there are varying temperature gradients gallons, release detection methods feasibility. Several commenters said the
throughout the length of piping. specifically designed for these UST options in the 2011 proposed UST
Fluctuating line pressure during a systems are now available. Over the last
release detection test can mask an regulation were insufficient and
25 years, the petroleum services requested EPA provide options that
existing release or falsely indicate one industry has developed release
occurred. In addition, the out of service offered owners and operators more
detection technologies for airport choices. A4A provided EPA with the
period needed to test airport hydrant hydrant systems and field-constructed
piping could range from one to several names of nine commercial airports that
tanks. The NWGLDE lists Large could be affected by the final UST
days after the last product transfer. Diameter Line Leak Detection Method (6
Removing airport hydrant systems regulation and the feasibility of
Inches Diameter Or Above) and Bulk applying the release detection methods
from service for extended periods will
Underground Storage Tank Leak discussed in the 2011 proposed UST
greatly impede their purpose of rapid
Detection Method (50,000 Gallons Or regulation to these airports. This
and timely delivery of fuel to aircraft.
Greater), both of which identify information helped EPA further refine
When using pressure based testing
methods capable of detecting releases this final airport hydrant system
methods to produce accurate leak test
from airport hydrant systems and field- requirements, including release
results, airport hydrant system piping
constructed tanks.67 EPA contacted detection.
needs to be isolated in appropriately
several vendors to determine the A4A stated that the only feasible
sized segments. Some airport hydrant
strengths and limitations of release choice EPA provided was pressure
systems have numerous isolation points
detection methods for these UST based methods and substantial retrofits
with connections for release detection
equipment. Others have longer systems. EPA also talked with DoD’s would be required to meet the
underground piping segments with Defense Logistics Agency (DLA) requirements at Chicago O’Hare
isolation valves for testing located up to Energy 68 about challenges in addressing International Airport (ORD), John F.
0.5 miles apart. The greater the volume release detection requirements in states, Kennedy International Airport (JFK),
of a segment, the more time it takes to such as California, which do not defer and possibly other airports. However,
obtain a valid result at a given leak rate. airport hydrant systems from release EPA through our analysis and in depth
Although technology is available, it may detection. Because they perform release discussions with those airports, thinks
be cost prohibitive and require detection on airport hydrant systems in the airport hydrant system at JFK, as
significant facility down time for other states, DLA Energy has significant currently configured, may not meet the
owners and operators to monitor airport information about airport hydrant definition of an UST in this final UST
hydrant systems for releases at the rates system release detection. As of this final regulation; this means the requirements
and frequencies required in the 1988 UST regulation, some state UST would not apply. In addition, if planned
UST regulation. programs require release detection for capital upgrades are completed on one
EPA also recognizes that most release UST systems with field-constructed of ORD’s airport hydrant systems, that
detection methods for factory built tanks tanks and airport hydrant systems.69 system may not meet the definition of
are capable of monitoring UST systems an UST and would not be subject to this
with field-constructed tanks up to 67 National Work Group On Leak Detection
final UST regulation. If configurations
50,000 gallons. After evaluating current Evaluation’s List Of Leak Detection Evaluations For for either of these airport hydrant
Storage Tank Systems. http://www.nwglde.org/.
methods, EPA realized existing release 68 Defense Logistics Agency Energy was formerly
systems change in the future, the owner
detection options for tanks in subpart D known as Defense Energy Support Center. and operator must re-evaluate the
of the 1988 UST regulation are generally 69 Tasks 2–4, Work Assignment 1–25: Preliminary system to determine if it meets the
not applicable to UST systems greater Assessment and Scoping of Data Related to definition of UST in this final UST
than 50,000 gallons because most Potential Revisions to the UST Regulations; regulation. Owners and operators are
Industrial Economics (IEc) Inc. identified 17 state
methods are limited by tank capacity. responsible for determining whether
UST programs that regulate airport hydrant

EPA acknowledges the complexities in systems. EPA’s Office of Underground Storage their airport hydrant systems meet the
performing release detection on tanks Tanks gathered additional information from seven definition of an UST and, if necessary,
significantly larger than 50,000 gallons. of nine select state UST programs to identify the comply with this final UST regulation.
extent of the state’s release detection requirements
It is critical to allow sufficient time for and compare those requirements to the release
As a result of comments and while
a tank to reach a state of equilibrium detection requirements in EPA’s proposed 2011 developing the final UST regulation,
prior to performing a test. As tank size UST regulation. EPA met with DoD, A4A, personnel
representing potentially impacted protectiveness. Piping associated with Inventory Control

commercial airports, and release field-constructed tanks 50,000 gallons or EPA reviewed performance standards
detection vendors to develop release less in capacity must use the release for daily inventory control procedures
detection methods for the final UST detection options listed in subpart D. used by DoD and the commercial
regulation and determine how or if Pressure Based Testing airports identified by A4A.75 76 Based on
commercial airports and DoD facilities performance standards for daily
could achieve compliance within the The final UST regulation allows
inventory control procedures performed
specified time frames.70 71 72 73 74 From owners and operators to perform
by both DoD and A4A, EPA is allowing
those discussions, EPA found that most, pressure based testing methods
inventory control as part of a
if not all, of the potentially affected according to performance criteria
combination method of release
commercial airports have or will have dependent on volume of the line
detection. EPA chose 0.5 percent of flow
mechanisms in place to achieve segment tested. These criteria provide
through as the performance standard for
compliance with the release detection specific performance thresholds for both
inventory control because this value
requirements in this final UST semiannual and annual testing. Owners
represents the maximum tolerance
regulation. In addition, owners and and operators may perform semiannual
allowed under the performance
operators already implement release or annual line testing at or above
standard for products typically stored or
detection according to technical operating pressure with a probability of
handled by airport hydrant systems.
requirements in states where airport detection of 0.95 and a probability of
Owners and operators may conduct
hydrant systems are not deferred. EPA false alarm of 0.05. This method allows
inventory control according to DoD
found that many of these airport owners and operators to meet a variable
Directive 4140.25, ATA’s Airport Fuel
hydrant systems perform a type of leak rate based on piping test section
Facility Operations and Maintenance
inventory management and hydrostatic volume. The leak rate ranges from 1 to
Guidance Manual, or equivalent
testing of the piping system to detect 3 gallons per hour, depending on piping
procedures. EPA is allowing this
pressure changes in the UST system. volume for semiannual testing and from
method in combination with either a
EPA determined that although the 1988 0.5 to 1.5 gallons per hour for annual
pressure based line tightness test using
UST regulation did not require airport testing. The final UST regulation
the leak rates from the semiannual test
hydrant system owners and operators establishes 3 gallons per hour as the
in § 280.252(d)(2)(i) at least once every
perform these tests, both DoD facilities maximum threshold because the
two years, or passive groundwater or
majority of available testing methods are
and commercial airports have already vapor monitoring once every 30 days as
capable of meeting this leak rate.
been performing various fuel described below.
For the first six years (or two test
management methods to monitor and periods), piping segments that cannot Groundwater and Vapor Monitoring
track fuel inventories. meet a 3 gallons per hour threshold are EPA proposed to phase out
Release Detection Options for Piping in allowed to meet a higher threshold of up groundwater and vapor monitoring as
the Final UST Regulation to 6 gallons per hour. Available methods release detection methods in the 2011
are capable of testing segments to a leak proposed UST regulation. However, this
Based on comments, EPA is providing
rate of 6 gallons per hour. The higher final UST regulation retains these
flexibility for owners and operators of
threshold provides for use of existing methods with modifications. See section
piping associated with airport hydrant
test methods during the first six year D–6 for more information. These
systems and field-constructed tanks
period. Six years will provide owners methods are also allowed with some
greater than 50,000 gallons to meet the
and operators time to upgrade their modifications in subpart K. EPA divided
release detection requirements. This piping systems to meet the up to 3
final UST regulation modifies the piping vapor monitoring into two categories:
gallons per hour threshold for Active monitoring for chemical markers
release detection options in the 2011 semiannual testing. Between years six
proposed UST regulation and or tracers and passive monitoring for
and seven, owners and operators must stored product in the tank system.
incorporates some of the methods conduct one additional tightness test
currently used at commercial airports Owners and operators of these systems
that, at a minimum, meets the
and DoD facilities. Owners and semiannual testing threshold. In the 75 DoD’s Bulk Petroleum Management Policy—
operators of these systems may use seventh year, owners and operators DoD 4140.25–M, Volume II—Petroleum
existing piping release detection options must begin meeting the semiannual or Management, Chapter 10—Accountability (June 22,
provided in subpart D (except for annual line tightness testing 1994) is accessible on line at: http://www.dtic.mil/
passive groundwater and vapor requirements according to the
whs/directives/corres/pdf/414025-m-vol2-
monitoring, which must be combined chapter10.pdf. This standard recognizes that
requirements in § 280.252(d)(2)(i). EPA petroleum products are subject to losses and gains.
with inventory control as described is providing a three year phase-in period The tolerance factor that represents the amount of
below), or they may use alternative for the remaining release detection fuel which might be lost or gained under normal
piping release detection methods in conditions varies by product and status of fuel (i.e.,
options, because these methods will not storage or in transit). These values in the policy
§ 280.252(d)(2). EPA thinks these require significant construction or represent standard tolerances (i.e., system flow-
options are reasonable and represent an upgrades for implementation. through) for various products in transit and storage:
appropriate balance of practicality and EPA asked commenters whether other (1) Aviation and motor gas = 0.5 percent and 0.5
percent; (2) JP4 = 0.5 percent and 0.3 percent; (3)
70 January 28, 2012 and March 29, 2012 meetings
release detection options should be Jet Fuel, Distillates, Residuals = 0.5 percent and
with representatives from Airlines for America.
considered for underground piping 0.25 percent; and (4) JP5, JP8, DF2, F76, etc. =
71 February 28, 2013 and March 18, 2013 associated with airport hydrant systems varies by individual agreements with airports and
0.5 percent.
and field-constructed tanks greater than
meetings with DoD’s Defense Logistics Agency 76 EPA reviewed Airlines For America
Energy. 50,000 gallons. Based on comments, Guidance—ATA Airport Fuel Facility Operation
72 June 20, 2012 and May 19, 2013 meeting with
EPA is adding inventory control, and Maintenance Guidance Manual, Revision
Hansa Consult of North America, LLC. 2004.1; and ATA Spec 123: Procedures for the
73 June 20, 2012 meeting with VISTA Precision
groundwater and vapor monitoring, and
Accounting of Jet Fuel Inventory 2011.2. The two
Solutions. other methods for piping as release documents provide guidance for operators to
74 August 15, 2012 meeting with Ken Wilcox and detection options in this final UST investigate, report, or explain any variances
Associates. regulation. exceeding ±0.1 percent.
may use active vapor monitoring monitoring on piping associated with methods for tanks listed at
methods characterized by testing or airport hydrant systems and field- § 280.252(d)(1).
monitoring of chemical markers or a constructed tanks.
Feasibility of Proposed Release
tracer compound placed in the tank This final UST regulation modifies Detection Options for Field-Constructed
system, according to § 280.43(e) to the 2011 proposed UST regulation; Tanks
detect a release of at least 0.1 gallon per owners and operators of airport hydrant
hour with probabilities of detection and systems or piping associated with field- To allow owners and operators more
false alarm of 0.95 and 0.05, constructed tanks greater than 50,000 flexibility in meeting the release
respectively. Owners and operators gallons are not provided specific detection requirement, EPA proposed
choosing this option must conduct this requirements in this final UST these four alternatives for UST systems
test at least once every two years. This regulation for using continuous with field-constructed tanks greater than
method may be used as a stand-alone interstitial monitoring and the 50,000 gallons:
method of release detection. combination of automatic line leak • Annual tank tightness test
Owners and operators may also detectors with interstitial monitoring for • Automatic tank gauging system that
combine passive vapor or groundwater piping. Many of these systems lack can detect a 1 gph leak combined with
monitoring with inventory control, secondary containment and automatic a tank tightness test every three years
described above, that can detect a line leak detectors cannot adapt to the • Automatic tank gauging system that
release of at least 0.5 percent of flow operating pressures of these systems. In can detect a 2 gph leak combined with
through at least every 30 days. Passive the 2011 proposed UST regulation, EPA a tank tightness test every two years and
vapor monitoring or groundwater asked if testing the piping for airport • Other methods approved by the
monitoring must be conducted at least hydrant systems and field-constructed implementing agency
every 30 days according to § 280.43(e) or tanks at operating pressure was EPA requested comment or additional
(f), respectively. sufficient. The 1988 UST regulation data on the proposed release detection
Other Methods for Piping requires owners and operators test options to determine their feasibility.
conventional systems at one and a half Most commenters thought the release
The final UST regulation maintains detection options were appropriate and
the option for owners and operators to times operating pressure. EPA is aware
that airport hydrant system piping sufficient. One commenter thought EPA
use alternative methods of release should include chemical marker or
detection for piping approved by the operates at high pressures and agrees
with commenters who stated that testing tracer testing. Another commenter
implementing agency, as discussed in thought EPA should expand the types of
the 2011 proposed UST regulation. This above operating pressure might be
infeasible. This final UST regulation release detection methods specified in
provides flexibility for owners and the final UST regulation to include use
operators to comply by using methods requires owners and operators to test
these systems at least at operating of sensors, probes, monthly visual
or a combination of methods equivalent
pressure, because these large piping inspections, or other methods approved
to the requirements in § 280.252(d)(2).
systems operate at pressures much by the implementing agency.
EPA recognized that other methods not
higher than conventional gasoline EPA met with and obtained
included in § 280.252(d)(2) could be
stations. However, EPA is allowing information from DoD and release
acceptable, as long as they are as
testing at or above operating pressure, detection vendors throughout the
effective and are approved by
but is not providing a set value. regulatory process. EPA researched
implementing agencies. The
Professional testers can decide the suggested release detection options and
performance criteria for piping release
appropriate pressure to test these standard practices conducted by DoD
detection methods in § 280.252(d)(2)
systems, as long as the pressure is at following the public comment period
provide owners and operators with
least the operating pressure of the for the 2011 proposed UST regulation.
information about how to demonstrate
system. EPA found that these facilities perform
the effectiveness of release detection
inventory management on their UST
methods that must be approved by the Release Detection Requirements for systems. EPA determined that although
implementing agency. Tanks Associated With Airport Hydrant not performed as specified in the 1988
Proposed Release Detection Options for Systems and Field-Constructed Tanks UST regulation, some DoD facilities are
Piping Not Included in the Final UST This final UST regulation establishes performing fuel management methods to
Regulation release detection requirements for tanks monitor and track fuel inventories for
Because piping segments associated associated with airport hydrant systems their field-constructed tanks.77 78
with airport hydrant systems and field- and field-constructed tanks. Airport Release Detection Options for Field-
constructed tanks can contain large hydrant systems may consist of a series Constructed Tanks in the Final UST
volumes of regulated substances, EPA of large capacity shop fabricated tanks, Regulation
asked commenters if it was feasible to although some airport hydrant systems
require ALLDs to detect a leak at 3 use field-constructed tanks. Shop Based on comments and additional
gallons per hour at 10 pounds per fabricated tanks and field-constructed information from DoD as well as
square inch line pressure within one tanks with a capacity less than or equal commercial airports about their
hour or equivalent. EPA anticipated to 50,000 gallons must meet the operations, EPA is including in this
receiving information on the requirements in subpart D. Field- final UST regulation all release
appropriate leak rate for ALLDs on this constructed tanks with capacity greater 77 Final Report—Validation of the Low-Range
piping. EPA did not receive any than 50,000 gallons must either be
Differential Pressure (LRDP) Leak Detection System

indication that current performance monitored using release detection for Small Leaks in Bulk Fuel Tanks Environmental
standards of ALLDs could be modified methods in subpart D (except for Security Technology Certification Program, U.S.
for these systems. Although some passive groundwater and vapor Department of Defense.
78 DoD 4140.25–M: Management of Bulk
portions of existing systems may be able monitoring which must be combined Petroleum Products, Storage, and Distribution
to use this option, EPA agrees it is not with inventory control as described Facilities, Volume V http://www.dtic.mil/whs/
feasible to use an ALLD with interstitial below) or use one of the alternative directives/corres/html/414025m_vol1_3.html.
detection options discussed in the 2011 and time frames for release detection test is conducted because owners and
proposed UST regulation. EPA is also testing are appropriate because they will operators can choose different time
adding three other options to this final detect releases within a reasonable time frames to conduct release detection
UST regulation. Owners and operators frame, given the large tank sizes and testing. This additional flexibility
of field-constructed tanks less than or time needed to perform testing on these results in some testing occurring at
equal to 50,000 gallons must meet the tanks. frequencies ranging from less than one
release detection requirements in year to up to three years.
Inventory Control
subpart D. Owners and operators of
This final UST regulation allows Release Prevention
field-constructed tanks greater than
50,000 gallons must use the alternative inventory control combined with one of As with all other regulated UST
release detection methods described in these methods: passive groundwater systems, this final UST regulation
subpart K or the release detection monitoring every 30 days, passive vapor requires airport hydrant systems and
options in subpart D (except that monitoring every 30 days, or a 0.5 field-constructed tanks meet corrosion
groundwater and vapor monitoring must gallon per hour tank tightness test protection, spill, and overfill
be used in combination with inventory performed at least once every two years. requirements, as well as walkthrough
control as described below). EPA thinks The inventory control option must meet inspections.
these options are reasonable and will the same requirements as inventory Corrosion Protection
quickly detect releases when they occur. control for piping associated with
airport hydrant systems and field- This final UST regulation requires all
Tank Tightness Testing airport hydrant systems and field-
constructed tanks described in the
In the 2011 proposed UST regulation, Release Detection Options for Piping in constructed tanks that routinely contain
EPA discussed the option of owners and the Final UST Regulation section above. regulated substances and are in contact
operators performing annual tank with the ground to meet corrosion
tightness testing that can detect a 0.5 Groundwater and Vapor Monitoring protection requirements in
gallon per hour leak rate. EPA proposed This final UST regulation allows § 280.252(b)(1). Metal tanks and piping
this performance standard based on active vapor monitoring for tanks using which are encased or surrounded by
information about leaks from several the same requirements as described in concrete have no metal in contact with
field-constructed tanks. The information the Release Detection Options for Piping the ground and are not subject to the
indicated leak rates from the tanks in the Final UST Regulation section corrosion protection requirements.
ranged from 0.31 gph to 10 gph, with a above. In addition, owners and Because interim prohibition for deferred
median leak rate of 0.58 gph. EPA operators may also use a combination UST systems in the 1988 UST regulation
determined that most available methods method incorporating inventory control has been in effect since May 1985, many
were capable of meeting the proposed and passive vapor monitoring or of these systems are already equipped
leak rate of 0.5 gph. EPA did not receive groundwater monitoring using the with corrosion protection (that is,
comments regarding the performance requirements described in the Release constructed of: Non-corrodible material,
standard during the public comment Detection Options for Piping in the Final coated and cathodically protected steel,
period. The final UST regulation retains UST Regulation section above. fiberglass reinforced plastic, or steel
the option for owners and operators to tank clad with fiberglass reinforced
perform annual underground tank Other Methods for Field-Constructed plastic). In this final UST regulation,
tightness testing that can detect a 0.5 Tanks EPA renames § 280.11 to Installation
gallon per hour leak rate. Implementing agencies may approve requirements for partially excluded UST
another method if the owner and systems. For corrosion protection,
Automatic Tank Gauging Combinations
operator demonstrate the method can airport hydrant systems and field-
with Tank Tightness Testing
detect a release as effectively as any of constructed tanks must meet the
This final UST regulation allows the other five methods described in the requirements in § 280.252(b)(1). Owners
owners and operators to combine an Release Detection Options for Field- and operators must meet this
automatic tank gauging system with a Constructed Tanks section. In requirement within three years of the
tank tightness test that achieves comparing methods, an implementing effective date of this final UST
different leak rates during different agency shall consider the size of release regulation.
periods of performance. One the method can detect and frequency This final UST regulation does not
combination uses an automatic tank and reliability of detection. Other allow an internal lining as a method for
gauging system performing release methods are described in Other Methods meeting the corrosion protection
detection at least every 30 days that can for Piping. upgrade requirement. EPA is not
detect a leak rate less than or equal to allowing an internal lining as corrosion
1 gallon per hour with a tank tightness Release Detection Recordkeeping
protection because it does not protect
test that can detect a 0.2 gallon per hour This final UST regulation requires steel in contact with the ground from
leak rate performed at least every three owners and operators maintain records corroding and causing a release to the
years. Another combination couples an of release detection for field-constructed environment. Field-constructed tanks
automatic tank gauging system tanks and airport hydrant systems in and tanks associated with airport
performing release detection at least accordance with § 280.45. The results of hydrant systems, which are not
every 30 days that can detect a leak rate any sampling, testing, or monitoring upgraded according to § 280.252(b), and
less than or equal to 2 gallons per hour must be maintained for at least one year are installed on or before the effective
with a tank tightness test that can detect except as follows: Tank tightness
date of this final UST regulation must be

a 0.2 gallon per hour leak rate testing; line tightness testing; and vapor permanently closed according to
performed at least every two years. This monitoring using a tracer compound § 280.70.
automatic tank gauging requirement is placed in the tank system must retain
different from the release detection records until the next test is conducted. Spill and Overfill Prevention
requirement in the 1988 UST regulation EPA is requiring owners and operators EPA concludes that using properly
for factory built tanks. These leak rates maintain these records until the next functioning equipment, which is
operated according to manufacturer inspections to ensure these areas are: environment. For more information, see
guidelines, is necessary to protect Free of liquid and debris, not damaged, section A–2, Secondary Containment.
human health and the environment. and free of leaks. Owners and operators
Notification
After discussions with industry, DoD, must inspect these areas at least once
and commercial airport personnel, EPA every 30 days if OSHA confined space The 1988 UST regulation did not
understands that existing airport entry is not required or at least annually require owners of airport hydrant
hydrant systems are generally already if OSHA confined space entry is systems or field-constructed tanks to
equipped with spill and overfill required. See 29 CFR part 1910 for comply with the notification
prevention equipment to prevent spills information about OSHA confined space requirements of § 280.22, which
and overfills. This final UST regulation entry. Some owners and operators included certifying proper installation
requires owners and operators of airport already periodically check these areas of airport hydrant systems. The 2011
hydrant systems and field-constructed using the ATA guidance manual, proposed UST regulation required
tanks to have spill and overfill Airport Fuel Facility Operations and owners and operators of airport hydrant
prevention equipment and conduct Maintenance Guidance Manual. Owners systems and field-constructed tanks
testing or inspections of the equipment. and operators must conduct the first installed prior to the effective date of
This will ensure the systems and tanks inspection within three years of the the final UST regulation provide
operate properly, contain releases, and effective date of the final UST notification of existence to
decrease the likelihood of a leak into the regulation. For more information on implementing agencies within 30 days
environment. Owners and operators walkthrough inspections, see section of the effective date of this final UST
must install spill and overfill prevention B–1. regulation. This final UST regulation
equipment and conduct the first test or modifies the 2011 proposed UST
inspection within three years of the Secondary Containment regulation by requiring owners and
effective date of this final UST This final UST regulation does not operators provide a one-time
regulation, then at least once every three notification of existence to
require secondary containment for new
years thereafter. For more information implementing agencies no later than 3
and replaced piping associated with
on spill prevention equipment testing years after the effective date of this final
field-constructed tanks greater than
and overfill prevention equipment UST regulation. EPA agrees with
50,000 gallons in capacity or piping
inspections, see sections B–2 and B–3, commenters that airport hydrant system
associated with airport hydrant systems.
respectively. owners and operators need more than
EPA understands this piping typically is
30 days to provide the one-time
Walkthrough Inspections larger diameter and runs for long
notification of existence. This change
distances, making it difficult to slope
Owners and operators need to allows owners and operators, as well as
the piping to an interstitial monitoring
properly operate and maintain their implementing agencies, time to identify
area. In addition, EPA understands it is airport hydrant systems covered by the
UST system equipment in order to
prevent and quickly detect releases. difficult to keep water out of the final UST regulation and gives
Therefore, this final UST regulation interstitial area of long piping runs. implementing agencies time to include
adds requirements for owners and Since nearly all this piping is steel, these systems in their inventories. The
operators of airport hydrant systems and corrosion can occur in the interstitial final UST regulation does not consider
field-constructed tanks to perform area when an electrolyte, such as water, currently installed tanks, including
periodic walkthrough inspections to is in the interstitial area. This corrosion airport hydrant systems, as new UST
prevent and quickly detect releases. can significantly shorten the piping’s systems. Therefore, EPA is requiring
EPA found that owners and operators operational life. Corrosion protection on owners and operators only certify
of airport hydrant systems are required the outside of the piping protects the proper installation for airport hydrant
to ensure safety and fuel quality, and part of the piping in contact with the systems and field-constructed tanks
frequently inspect these systems as part ground from corrosion, but does not installed on or after the effective date of
of other requirements and protect the inside part of piping from the final UST regulation according to
recommendations to ensure system corrosion. To prevent corrosion caused § 280.22. In addition, EPA is requiring
components are operating properly. In by water in the interstitial area, owners owners notify within 30 days of
addition, EPA understands that airport and operators would need to add ownership change. See section D–3 for
hydrant systems and some field- corrosion protection inside the more information on notification
constructed tank facilities are already interstitial area of piping, which EPA requirements.
performing operation and maintenance realizes would be difficult to do. Given
inspections that ensure their systems these issues, EPA has determined that Financial Responsibility
and associated spill and overfill requiring secondary containment for Because EPA is eliminating the
equipment are operating properly. Thus, these piping runs is not practical. deferral for airport hydrant systems and
EPA found these requirements will However, EPA is requiring secondary field-constructed tanks, they are no
impose little, if any, additional burden containment for new and replaced longer be excluded from the financial
at these facilities. This final UST piping associated with field-constructed responsibility requirements in subpart
regulation requires owners and tanks 50,000 gallons or less that do not H. Owners and operators who install
operators of airport hydrant systems and feed airport hydrant system piping. EPA these UST systems after the effective
field-constructed tanks conduct understands that new, smaller field- date of this final UST regulation must
walkthrough inspections according to constructed tanks, such as those comply with the financial responsibility
§ 280.36. In addition, EPA is requiring constructed within tanks following requirements at installation. Owners
owners and operators inspect hydrant permanent closure of an existing UST, and operators of airport hydrant systems
pits and hydrant piping vaults. These typically have piping similar to that and field-constructed tanks in use as of
areas are unique to airport hydrant installed at commercial gasoline the effective date of this final UST
systems. It is important to look at stations. This piping can effectively regulation must have financial
hydrant pits and hydrant piping vaults meet the secondary containment responsibility when they submit the
as part of periodic walkthrough requirements and better protect the one-time notification of existence for
these systems. However, subpart H threaten navigable waters or adjoining storage tanks associated with airport
exempts federal and state entities, shorelines. hydrant systems and field-constructed
which means that federal and state Aboveground storage tanks associated tanks considered to be UST systems.
owners and operators of airport hydrant with airport hydrant systems and field- The proposal indicated that although
systems and field-constructed tanks do constructed tanks covered in this final these aboveground storage tanks would
not have to meet the financial UST regulation do not have to meet be subject to some parts of the final UST
responsibility requirement. many of the requirements in the UST regulation, EPA intended to continue
regulation because they are neither evaluating whether to fully regulate
Operator Training beneath the surface of the ground, nor them in the future. EPA reconsidered
in contact with the ground. For these these aboveground storage tanks and is
EPA is aware that commercial airports reasons, the SPCC regulation is the most making the final determination that the
are required to follow fuel facility effective means of addressing the SPCC requirements are the most
training requirements of 14 CFR part aboveground storage tanks associated effective means for addressing oil
139; however, those requirements do with UST systems. Airport hydrant discharges from aboveground storage
not cover specifics of the UST systems that do not meet the definition tanks. This final UST regulation
requirements. This final UST regulation of UST system because the underground excludes from subparts B, C, D, E, G, J,
requires owners and operators of airport portion is less than 10 percent of the and K aboveground storage tanks
hydrant systems and field-constructed system capacity may be subject to the associated with airport hydrant systems
tanks meet the operator training SPCC regulation for both the and field-constructed tanks.
requirements of subpart J. Owners and aboveground and underground portions Aboveground storage tanks that are part
operators of some airport hydrant of the system. Underground storage tank of an UST system must continue to meet
systems that are considered components such as hydrant pits and the requirements of subparts A and F.
underground storage tanks may have piping vaults are considered part of the
already complied with state operator UST system and subject to the 3. Wastewater Treatment Tank Systems
training requirements. For example, requirements in 40 CFR part 280. that Are Not Part of a Wastewater
Treatment Facility Regulated Under
personnel from General Mitchell Field
Complementary Regulation of Partially Sections 402 or 307(b) of the Clean
in Wisconsin report that operators have Buried Tanks Water Act
received Wisconsin class A and B
operator training certification. All Partially buried (also called partially In the 2011 proposed UST regulation,
owners and operators must begin covered) field-constructed tanks may be EPA removed the existing deferral in
meeting this requirement not later than regulated by both this final UST § 280.10(c)(1) for wastewater treatment
three years after the effective date of this regulation and the SPCC regulation. The tank systems that are not part of a
final UST regulation. For more SPCC regulation exempts only wastewater treatment facility regulated
information see section A–1, Operator completely buried storage tanks subject under sections 402 or 307(b) of the
Training. to all of 40 CFR part 280.80 Clean Water Act. Since the 1988 UST
Additionally, the SPCC regulation regulation, owners and operators of
Partially Excluded Components covers tanks situated on top of the these systems (hereafter referred to as
ground’s surface or partially buried (for wastewater treatment tanks) were
EPA regulates UST systems, including example, bunkered, also referred to as deferred from complying with 40 CFR
tanks and underground piping, in 40 mounded tanks) and considers these to part 280, subparts B (UST Systems:
CFR part 280 and aboveground tanks in be aboveground storage tanks. If 10 Design, Construction, Installation and
40 CFR part 112 (Oil Pollution percent or more of the total capacity of Notification); C (General Operating
Prevention). Facilities with greater than the tank or tanks and underground Requirements); D (Release Detection); E
1,320 gallons of aboveground oil storage piping is underground, the tank system (Release Reporting, Investigation, and
capacity that could reasonably be meets the definition of an UST regulated Confirmation); G (Out-of-Service UST
expected to discharge oil into navigable by 40 CFR part 280 or state equivalent Systems and Closure); and H (Financial
waters or adjoining shorelines are program approved under 40 CFR part Responsibility). Owners and operators
subject to the SPCC regulation under the 281. Therefore, these containers or have been required to comply with
authority of the Clean Water Act.79 The systems are covered by both SPCC and requirements for interim prohibition
SPCC regulation includes requirements UST regulations. These regulations are and release response and corrective
for oil spill prevention, preparedness, complementary because the SPCC action (40 CFR part 280, subparts A and
and response to prevent oil discharges regulation focuses on oil discharges that F) since the effective date of the 1988
into navigable waters and adjoining could impact navigable waters or UST regulation. However, removing the
shorelines. The SPCC regulation also shorelines, while the UST regulation deferral, as discussed in the 2011
requires regular inspections of focuses primarily on day-to-day proposed UST regulation, would have
aboveground valves, piping, and maintenance and operation to prevent required owners and operators comply
appurtenances along with integrity and releases that impact soil and with all subparts of 40 CFR part 280.
leak testing of buried piping at the time groundwater. Change from Deferred to Partially
of installation, modification, Excluded
Change from Deferred to Partially
construction, relocation, or replacement.
Excluded The 1988 UST regulation used the
Facilities regulated by the SPCC
regulation must also prepare and The 2011 proposed UST regulation term deferred for wastewater treatment
used the term deferred for aboveground tanks. Although these tanks were
maintain a written SPCC plan that

includes measures to prevent, prepare subject to some parts of the UST
for, and respond to oil discharges that
80 40 CFR 112.2 defines completely buried as any regulation, EPA intended to continue
container completely below grade and covered with evaluating whether or not to regulate
earth, sand, gravel, asphalt, or other material.
79 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr& Containers in vaults, bunkered tanks, or partially
these tanks at a future date. EPA
SID=b843807afdc641b203ffec44aa671d36&rgn= buried tanks are considered aboveground storage reconsidered these tanks and is making
div5&view=text&node=40:23.0.1.1.7&idno=40. containers for purposes of the part. a final determination. EPA is excluding
these tanks from most requirements in a February 2012 document describing 4. USTs Containing Radioactive
this final UST regulation; however, the wastewater treatment tanks that would Material and Emergency Generator UST
regulatory requirements in subparts A have been regulated under the final UST Systems at Nuclear Power Generation
and F for these systems remain the regulation.81 Several commenters also Facilities Regulated by the Nuclear
same. voiced concern that regulating these Regulatory Commission
EPA deferred wastewater treatment systems may result in unintended
tanks in the 1988 UST regulation due to consequences (for example, In the 2011 proposed UST regulation,
uncertainty about the number of tanks impracticability of technical EPA maintained the existing deferral in
that existed and the appropriateness of requirements and dual regulation) for § 280.10(c)(2) and (3) for USTs
release detection for these systems. owners and operators and implementing containing radioactive material and for
EPA’s intent in removing the deferral for agencies. To help determine the emergency generator UST systems at
these tanks in the 2011 proposed UST feasibility of the 2011 proposed UST nuclear power generation facilities
regulation was to regulate them further, regulation, EPA asked several regulated by the United States Nuclear
which would protect human health and stakeholders about operating various Regulatory Commission (NRC). Since
the environment from discharges of types of wastewater treatment the 1988 UST regulation, owners and
regulated substances contained in these tanks.82 83 84 EPA also gathered operators of these tanks were deferred
systems. EPA used the proposal to information from commenters about from complying with 40 CFR part 280,
obtain additional information on these implementing other regulations that
systems, and determine if there were subparts B (UST Systems: Design,
apply to these systems.85 86 87 88 After
appropriate release prevention and considering commenters’ feedback, EPA Construction, Installation and
detection technologies available to fully concluded that the historic level of Notification); C (General Operating
regulate them according to the UST regulation for these tanks is appropriate Requirements); D (Release Detection); E
regulation. According to commenter and provides adequate controls to (Release Reporting, Investigation, and
responses, EPA determined that these ensure environmental protection. Confirmation); G (Out-of-Service UST
tanks are often subject to other This final UST regulation excludes Systems and Closure); and H (Financial
environmental regulations; it may not be owners and operators of wastewater Responsibility). Owners and operators
technically feasible to install release treatment tanks from 40 CFR part 280, have been required to comply with
prevention and detection equipment on subparts B (UST Systems: Design, requirements for interim prohibition
these systems due to varying designs of Construction, Installation and and release response and corrective
these systems; and many of these Notification); C (General Operating action (40 CFR part 280, subparts A and
systems contain mostly water and are Requirements); D (Release Detection); E F) since the effective date of the 1988
not significant sources of (Release Reporting, Investigation, and UST regulation.
contamination. Confirmation); G (Out-of-Service UST
Systems and Closure); H (Financial After review of DOE Orders and NRC
Installation Requirements for Partially regulations,89 EPA determined these
Responsibility); J (Operator Training);
Excluded Tanks requirements are comparable to EPA
and K (UST Systems with Field-
In the 1988 UST regulation, deferred Constructed Tanks and Airport Hydrant requirements for new and existing USTs
wastewater treatment tanks were Fuel Distribution Systems). EPA is regarding spill and overfill control
required to meet the interim prohibition basing this decision on maintaining the (§ 280.30); operation and maintenance
requirements at § 280.11 (that is, installation requirement (§ 280.11), of corrosion protection (§ 280.31); and
corrosion protected, made of non- other regulatory controls in place, and release detection (40 CFR part 280,
corrodible materials, or otherwise the additional information gathered. subpart D). DOE established standards
designed and constructed to prevent Owners and operators of wastewater for facility operations that: protect the
releases during the operating life of the treatment tank systems are still required public and environment from exposure
facility due to corrosion or structural to comply with subparts A (Program to radiation from radioactive
failure). Therefore, these tanks are Scope and Installation Requirements for
already equipped with corrosion Partially Excluded UST Systems); and F
protection if they were installed after (Release Response and Corrective
the effective date of the 1988 UST Action for UST Systems Containing
regulation. EPA thinks it is appropriate Petroleum or Hazardous Substances).
to maintain this requirement, which
ensures these tanks are provided with 81 http://www.epa.gov/oust/fedlaws/wwtts_2-29-
some degree of corrosion protection to 12_final.pdf.

prevent releases into the environment. 82 April 2012 telephone conversation with Tom
Because EPA is partially excluding Groves, New England Interstate Water Pollution
Control Commission.
these systems, the term interim 83 April 2012 telephone conversation with Ming
prohibition no longer applies. Pan, Massachusetts Department of Environmental
Therefore, EPA is rewording the title of Protection.
§ 280.11 to Installation requirements for 84 April 2012 telephone conversation with Joe
partially excluded UST systems. In Cerutti, Massachusetts Department of

Environmental Protection.
addition, EPA is changing § 280.11(a) to 85 March 2012 telephone conversation with Kevin
reflect that these requirements are Brackney, Nez Perce Tribe.
installation requirements rather than
86 April 2012 telephone conversation with Chris
prohibitions on installation. Wiesberg, Missouri Department of Natural

Many commenters did not support Resources.
87 April 2012 telephone conversation with Mary
removing the deferral to regulate these 89 Contract No. GS–10F–0309N, EPA Work Order
Hansen, Washington State Department of Ecology.
UST systems and were unsure of the 88 May 2012 telephone conversation with No. EP–G10S–00001, Work Order No. 1004, Task 2,
universe of wastewater treatment tanks. Candace Cady, Utah Department of Environmental Subtask c, Quick Turnaround Request No. 6,
To address this concern, EPA developed Quality. Release Response and Corrective Action.
materials; 90 91 92 protect workers; 93 groundwater 98 99 100 and was unfamiliar excluding these tanks from most
provide industrial safety; 94 and ensure with how NRC regulates releases of requirements in this final UST
compliance with applicable federal, petroleum products or enforces cleanup regulation; however, the regulatory
state, and local laws, as well as of releases. requirements in subparts A and F for
Executive Orders and other DOE The 1988 UST regulation contains these systems remain the same.
directives. DOE uses orders to regulate prescriptive procedures UST owners
and operators must follow in Installation Requirements for Partially
radioactive materials at their facilities. Excluded Tanks
responding to releases into the
NRC regulations at 10 CFR part 50 In the 1988 UST regulation, deferred
environment. NRC regulations are
require that construction permit USTs containing radioactive material
performance-based actions; they
applications include a design and safety identify performance measures that are and emergency generator UST systems
analysis, health and safety risk designed to ensure an adequate safety at nuclear power generation facilities
assessment of facility operations, and margin and offer incentives for licensees regulated by NRC were required to meet
determination of the adequacy of to improve safety without formal the interim prohibition requirements of
controls for accidental releases into the regulatory intervention.101 Accordingly, § 280.11 (that is, corrosion protected,
environment for the life of the operating DOE created orders to supplement EPA made of non-corrodible materials, or
unit. NRC regulations also require regulations for USTs at DOE facilities otherwise designed and constructed to
facilities meet minimum design, already subject to the 1988 UST prevent releases during the operating
installation, testing, and performance regulation.102 NRC requires that life of the facility due to corrosion or
criteria.95 Appendix B of 10 CFR part 50 facilities perform site remediation as structural failure). While NRC’s
requires a quality assurance report that part of the decommissioning process, regulation addresses design and
includes testing of facility structures, but there are currently no NRC installation standards, interim
systems, and components.96 NRC also regulations that require remediation at prohibition requirements have been in
developed guidance documents to assist active facilities, unless dose limits are effect since the 1988 UST regulation.
operators with licensing compliance.97 exceeded.103 Accordingly, owners and operators have
EPA was concerned with whether EPA concludes it is appropriate to had to follow this requirement since the
NRC and DOE cleanup standards for continue requiring release response and effective date of the 1988 UST
radionuclides adequately protect corrective action for these tanks, if the regulation. EPA has no information
need arises. Due to the sensitive nature suggesting that maintaining this
90 DOE Order 435.1 Chg 1, Radioactive Waste of these facilities, implementing requirement has been an issue for
Management, ensures management of DOE agencies have flexibility to establish owners and operators. After considering
radioactive waste (i.e. high-level, transuranic, low- appropriate response and remediation commenters’ feedback, EPA concluded
level, and the radioactive component of mixed requirements for owners and operators that the historic level of regulation for
waste) is consistent with Atomic Energy Act of 1954
responsibilities, in a manner that provides
at these facilities. these tanks is appropriate and provides
radiological protection from DOE operations. (see adequate environmental controls to
Move from Deferred to Partially
https://www.directives.doe.gov/directives- ensure environmental protection.
documents/400-series/0435.1-BOrder-chg1.) Excluded
Therefore, this final UST regulation
91 DOE M 435.1–1 Admin Chg 2, Radioactive
The 1988 UST regulation used the continues to require that owners and
Waste Management Manual, further describes the term deferred for USTs containing
requirements and establishes specific operators of these tanks comply with the
responsibilities for implementing DOE O 435.1, radioactive material and for emergency requirements of § 280.11. Because EPA
Radioactive Waste Management. It prescribes the generator UST systems at nuclear power is partially excluding these systems, the
following requirements and specific responsibilities generation facilities regulated by the term interim prohibition no longer
for new or modified existing systems: Secondary NRC. This indicated that although these
containment designed to detect and contain
applies. Therefore, EPA is rewording the
releases, and compatible with material stored tanks were subject to some parts of the title of § 280.11 to Installation
(Chapter II P(2)(b)); spill/overfill control (Chapter UST regulation, EPA intended to requirements for partially excluded UST
II(P)(2)(i)); release detection for tanks (Chapter continue evaluating the applicability of systems. In addition, EPA is changing
II(Q)(2)(a)(1)), and other storage components full regulation of these tanks at a future
(Chapter II(Q)(2)(c)); release detection for failed
§ 280.11(a) to reflect that these
containment and/or other abnormal conditions
date. EPA reconsidered these tanks and requirements are installation
(Chapter II(P)(2)(j)); monitoring and/or leak is making a final determination. EPA is requirements rather than prohibitions
detection for secondary containment (Chapter on installation.
IIP(2)(j)); corrosion protection (Chapter 98 February 1997 letter from EPA to the NRC
After considering comments and
II(Q)(2)(a)(2),(3)); monitoring and physical expressing concerns over the NRC’s proposal for
inspections (Chapter II(T)) and corrective action additional information, this final UST
increasing dose limits and eliminating the
(Chapter I(2)(F)(20)). (see https://www.directives. requirement to protect groundwater that could be regulation excludes owners and
doe.gov/directives-documents/400-series/0435.1- used as drinking water. operators of these tanks from 40 CFR
DManual-1-admchg2.) 99 December 1997 letter from EPA to DOE part 280, subparts B (UST Systems:
92 DOE O 458.1 Admin Chg 3, Radiation
expressing concerns that DOE’s draft rule 10 CFR Design, Construction, Installation and
Protection of the Public and the Environment (see part 834 (Radiation Protection of the Public and the
https://www.directives.doe.gov/directives- Environment) needs to be consistent with CERCLA
Notification); C (General Operating
documents/400-series/0458.1-BOrder-AdmChg3). and that inconsistencies exist between the draft rule Requirements); D (Release Detection); E
93 10 CFR part 835, Occupational Radiation and CERCLA and NCP guidance. (Release Reporting, Investigation, and
Protection (see http://www.ecfr.gov/cgi-bin/text-idx 100 October 2002 Memorandum of Understanding
Confirmation); G (Out-of-Service UST
?SID=dc937acd7069e30635139ca1ee3a44a0&node= between EPA and NRC to identify the interactions
pt10.4.835&rgn=div5).
Systems and Closure); H (Financial
for only the decommissioning and decontamination
94 DOE O 440.1B Admin Chg 1, Worker Protection of NRC-licensed sites and ensure dual regulation Responsibility); J (Operator Training);
and K (UST Systems with Field-
Program for DOE (Including the National Nuclear does not occur regarding the cleanup and reuse of
Security Administration) Federal Employees (see NRC-licensed sites. Constructed Tanks and Airport Hydrant
https://www.directives.doe.gov/directives- 101 Contract No. GS–10F–0309N, EPA Work Order
Fuel Distribution Systems). Owners and
documents/400-series/0440.1-BOrder-b-admchg1). No. EP–G10S–00001, Work Order No. 1004, Task 2,
95 see http://www.nrc.gov/reading-rm/doc- Subtask c, Quick Turnaround Request No. 6,
operators of these tank systems are still
collections/fact-sheets/radwaste.html. Release Response and Corrective Action. required to comply with subparts A
96 Ibid. 102 Ibid. (Program Scope and Installation
97 Ibid. 103 Ibid. Requirements for Partially Excluded
UST Systems) and F (Release Response pressure can build up in the tank when in vent lines will effectively restrict
and Corrective Action for UST Systems the vent line flow restrictor activates. flow when the tank is close to being full,
Containing Petroleum or Hazardous Owners and operators may continue EPA is not allowing their use in new
Substances). to use flow restrictors not in vent lines UST system installations or when
This final UST regulation also amends (such as flow restrictors in fill pipes), overfill prevention equipment is
§ 280.10(c)(4) which refers to facilities automatic shutoff devices, and high replaced. However, the final UST
licensed under 10 CFR part 50. This level alarms to meet the overfill regulation allows continued use of vent
change is consistent with the regulatory prevention requirement for their UST line flow restrictors installed before the
citation listed in the Spill Prevention, systems. effective date of the final UST
Control, and Countermeasure provision Owners and operators using a vent regulation, as long as they operate
in 40 CFR part 112 and also applies to line flow restrictor before the effective properly, alert delivery personnel, and
installation of these tanks at NRC date of this final UST regulation may prevent overfills.
facilities in the future. continue using it to meet the overfill
prevention requirement, as long as it 2. Internal Linings that Fail the Periodic
D. Other Changes operates properly by restricting the flow Lining Inspection and Cannot Be
of regulated substances into the UST Repaired
1. Changes to Overfill Prevention
Equipment Requirements when the device activates. Flow About 3 percent of tanks rely on
restrictors in vent lines must be internal lining as the sole method of
Through extensive stakeholder periodically inspected for proper
outreach, EPA identified vent line flow corrosion protection to meet the 1988
operation according to section B–3, UST regulation.104 Tanks that were
restrictors (also called ball float valves) Overfill Prevention Equipment
as a significant concern for operability internally lined to meet the 1988 UST
Inspections. This means that the flow
and safety. As a result, this final UST regulation corrosion protection
restrictor will need to be accessible to
regulation modifies the 1988 UST requirement at § 280.21 are typically
the person inspecting the overfill
regulation by eliminating vent line flow older, bare steel tanks installed before
prevention device. In addition, owners
restrictors as an option for meeting the 1986. The 1988 UST regulation
and operators may continue to use flow
overfill prevention equipment preamble says that internal lining, when
restrictors in UST system vent lines for
requirement for new tank installations used as the sole method for corrosion
reasons other than meeting the overfill
and when overfill prevention equipment protection, is not regarded as a
prevention requirement, as long as the
is replaced. EPA makes this change to: permanent upgrade. However, it is
flow restrictors do not interfere with
reduce the frequency of UST releases adequate if the lining continues to meet
operation of the overfill prevention
due to operability issues, address equipment being used. original design specifications. If the
system safety concerns, and address Most commenters supported this internal lining no longer meets original
personnel safety concerns. Below are change to the 1988 UST regulation. design specifications and cannot be
the issues: Several even suggested requiring repaired according to industry codes,
• Operability—For a vent line flow retrofits of vent line flow restrictors then the lined tank is subject to
restrictor to operate properly, the device with another type of overfill prevention unprotected tank requirements and
must restrict the flow of regulated equipment. Because EPA is concerned must be replaced after 1998. However,
substance into the UST when the flow about imposing too many additional this language, which was in the 1988
restrictor engages. If the tank top is not costs on owners and operators of UST regulation preamble, was
liquid or vapor tight, flow into the UST existing UST systems, EPA is not inadvertently omitted from the 1988
is not restricted because vapors requiring retrofits of existing vent line UST regulation.
continue to escape through non-tight flow restriction devices, as long as they This final UST regulation modifies
areas. If vapors continue to escape from operate properly, alert delivery the 1988 UST regulation by requiring
the UST, there is no pressure buildup in personnel, and prevent overfills. Some owners and operators to permanently
the vapor area of the tank, resulting in commenters suggested EPA continue to close an UST that uses internal lining as
no reduced flow rate into the UST. allow the use of vent line flow the sole method of corrosion protection
Examples where non-tight tank tops restrictors if they meet the criteria set for the tank when the lining inspection
may result in ineffective flow restrictors forth in PEI’s RP 100. EPA reviewed the determines the internal lining is no
include: loose tank bungs or other tank PEI recommended practice and noted longer performing according to original
top components; tanks with coaxial that the code sets criteria for the design specifications and the internal
stage I vapor recovery installed; and allowed use of vent line flow restrictors. lining cannot be repaired according to a
tanks with both tank top and remote fill However, more importantly, the code code of practice developed by a
areas. advises against using vent line flow nationally recognized association or
• System safety—Vent line flow restrictors for overfill prevention under independent testing laboratory. EPA
restrictors can create safety concerns any circumstance because they understands that codes of practice for
when they activate. USTs can become pressurize the UST, creating a internal lining inspections in use as of
over pressurized and be damaged during hazardous condition when the device publication of this final UST regulation
deliveries when product is pumped into operates as designed. Consistent with contain pass or fail criteria for the
the tank. PEI’s recommended practice PEI’s RP 100 advisory, EPA is not internal lining and criteria for allowing
for installation, RP 100, advises against allowing owners and operators to use repairs to an internal lining that fails the
using vent restriction devices because vent line flow restrictors in new tanks internal lining inspection.
the vent line flow restrictor pressurizes or when overfill prevention equipment
the UST, creating a hazardous condition is replaced. Finally, several commenters 104 E2, Incorporated, memoranda and analyses
when the device operates as designed. suggested EPA continue to allow the use submitted under Contract EP–W–05–018, U.S.
• Personnel safety—Delivery of vent line flow restrictors, as long as Environmental Protection Agency. Underground
Storage Tanks/Leaking Underground Storage Tanks
personnel can be sprayed with regulated the flow restrictor can be shown to Analytical And Technical Support. These
substances when they disconnect the operate effectively. Because it is supporting materials are located in the docket EPA–
delivery hose from the fill pipe because difficult to determine if flow restrictors HQ–UST–2011–0301.
Owners and operators using internal hydrant fuel distribution systems. In Several commenters requested EPA
lining as the sole method of corrosion addition, it adds a new notification allow 60 days instead of 30 days to
protection for the tank may continue requirement for ownership changes; submit a notification of ownership
using that method as long as the internal provides a new form for making change, noting that the 30-day
lining is periodically inspected notification of ownership changes; and requirement is too stringent. One
according to § 280.21(b)(1)(ii) and the makes minor changes to the notification commenter stated that the time frame
internal lining passes the inspection or language and notification form. should be relaxed to account for large
is repaired so it meets original design EPA agrees with commenters who organizations where paperwork could
specifications according to a code of opposed requiring one-time notification involve a significant amount of time to
practice developed by a nationally of existence for emergency power process. Another stated that 30 days
recognized association or independent generator UST systems as was proposed. would be too short and unduly
testing laboratory. Commenters explained, and EPA agrees, burdensome on small businesses. While
Consistent with current EPA that since the 1988 UST regulation EPA fully considered these comments,
policy,105 tanks using the combination deferred these systems only from the EPA thinks it is important for the
of cathodic protection and internal release detection requirements in ownership change notification
lining for corrosion protection are not subpart D, owners should have notified requirement to be consistent with the
required to be closed if the internal the appropriate implementing agency new tank notification requirement
lining fails and cannot be repaired, as within 30 days of bringing an UST (within 30 days of bringing an UST into
long as the cathodic protection is system into use in accordance with the use) in place since 1988. In addition, the
operated and maintained according to notification requirements in subpart B. ownership change notification form is
§ 280.31 and the tank was assessed and Therefore, in this final UST regulation, shorter and takes less time to complete
found to be structurally sound and free the requirement to submit a one-time than the new tank notification form. As
of corrosion holes when the cathodic notification of existence applies only to a result, this final UST regulation
protection was added to the tank. In owners of UST systems with field- requires owners to submit a notification
addition, owners and operators may use constructed tanks and airport hydrant of ownership change within 30 days of
internal linings for purposes other than fuel distribution systems. (This one-time assuming ownership of regulated UST
meeting EPA’s corrosion protection notification of existence does not apply systems.
upgrade requirement (for example, to wastewater treatment tank systems, In this final UST regulation, EPA
internal linings used for compatibility provides a new notification form titled
UST systems containing radioactive
or secondary containment). Notification of Ownership Change for
material that are regulated under the
Most commenters supported this Underground Storage Tanks under
Atomic Energy Act of 1954, and UST
change to the 1988 UST regulation. appendix II. This form supplants the
systems that are part of an emergency
Some even suggested more restrictive List of Agencies Designated to Receive
generator system at nuclear power
requirements: either phasing out Notifications in appendix II of the 1988
generation facilities regulated by the
internal lining as a corrosion protection UST regulation. The list, published in
Nuclear Regulatory Commission under
upgrade or permanently closing an UST 1988, contained agency names,
10 CFR part 50 previously deferred in
if the lining inspection failed. EPA is addresses, and phone numbers, many of
the 1988 UST regulation and partially
not requiring these more restrictive which are no longer accurate. EPA
excluded in this final UST regulation.) considered updating the list, but given
approaches because we think internal Furthermore, EPA agrees with
lining repairs can be appropriate and the frequency with which contact
commenters’ requests to extend the time information changes, decided it is
protect the environment when frame of 30 days in the 2011 proposed
conducted according to a code of pointless to publish information in the
UST regulation for owners of UST final UST regulation since it will
practice developed by a nationally systems with field-constructed tanks
recognized association or independent quickly become obsolete. Rather,
and airport hydrant fuel distribution owners can obtain current agency
testing laboratory. In addition, requiring systems to submit their one-time
permanent closure under these more contact information on EPA’s Web site
notification of existence. To provide at www.epa.gov/oust.
restrictive circumstances would place owners more time for identifying and Two commenters indicated it was
additional financial burdens on UST gathering information about these unclear who the implementing agency is
owners and operators. Several previously deferred systems, EPA is and whether owners and operators need
commenters offered adding cathodic allowing owners of existing UST to notify both the state and EPA. In this
protection and relining the tank as systems with field-constructed tanks final UST regulation, EPA is clarifying
alternatives to permanent closure. EPA and airport hydrant fuel distribution that owners must submit notification
is not including these options in this systems to submit a one-time forms to the appropriate implementing
final UST regulation because internally notification of existence within 3 years agency. The term implementing agency
lined tanks that fail the lining of the effective date of this final UST is defined in the UST regulation and
inspection and cannot be repaired regulation. EPA is requiring owners of owners can obtain current contact and
according to a code of practice are UST systems with field-constructed other information regarding their
generally older and are nearing or past tanks and airport hydrant fuel implementing agency on EPA’s Web site
the end of their useful lives. distribution systems brought into use at www.epa.gov/oust. In practice, EPA
3. Notification after the effective date of the final UST expects most owners will submit
regulation to submit notification forms; notification forms only to their
This final UST regulation adds a one-
this notification requirement has been respective state as their implementing
time notification of existence for UST

in place since 1986 for all UST owners agency, except in instances where the
systems with field-constructed tanks
bringing new USTs into use. See subpart implementing agency is EPA. For
and UST systems identified as airport
K for other requirements related to UST example, EPA is the implementing
105 EPA UST Technical Compendium Question systems with field-constructed tanks agency for USTs located in Indian
And Answer # 14: www.epa.gov/oust/compend/ and airport hydrant fuel distribution country; thus, owners with USTs in
nus.htm. systems. Indian country will submit their
notification forms to EPA. Owners which indicates petroleum is not equipment and components. According
should also be aware that individual limited to being derived from crude oil. to the Renewable Fuels Association,
states may have state versions of This final UST regulation also ethanol is blended into over 90 percent
notification forms which owners should modifies the definition of motor fuel to of all gasoline sold in the United
use instead when submitting to the better accommodate new motor fuels States,107 predominantly as E10.
implementing agency. EPA is revising that may be marketed and stored in the Recently, the United States has been
the regulatory language in § 280.22(a) future. The definition in the 1988 UST moving toward use of higher blends of
and (b) and including language in regulation listed motor fuel products. ethanol, due in part to federal and state
subpart K to reflect that state forms may This led to confusion as to whether new laws encouraging increased use of
be used if the state requires owners to fuels, such as petroleum blended with biofuels. While most UST system
use notification forms that differ from ethanol or biodiesel, are motor fuels. equipment and components are
those in appendices I and II. This final UST regulation clarifies the compatible with E10, fuel blends
Lastly, EPA is amending the definition of motor fuel and explains containing greater than 10 percent
notification form in appendix I and the that it is any fuel typically used to ethanol do not have a long history of
ownership change form in appendix II operate a motor engine. In addition, storage and may not be compatible with
to incorporate comments regarding EPA received comments to change the certain materials in existing UST
specific items on these forms. For motor fuel definition from petroleum systems. According to a 2011 report
example, two commenters noted that and petroleum-based substances to a published by the U.S. Department of
owners of previously deferred UST complex blend of hydrocarbons. EPA Energy’s Oak Ridge National
systems would be unable to complete agrees that using the phrase complex Laboratory,108 some elastomeric
the Certification of Installation section blend of hydrocarbons eliminates materials are particularly affected by
of the Notification for Underground ambiguity; it provides a clearer intermediate ethanol blends and certain
Storage Tanks form because they were definition of motor fuel by including sealants may not be suitable for any
not subject to this requirement when the complex blends of hydrocarbons that ethanol-blended fuels. A 2007 report
UST system was brought into use. In may not be petroleum or petroleum- from Underwriters Laboratories (UL) 109
addition, records of installation for based. EPA is making this change in this evaluated the effect of 85 percent
these previously deferred UST systems final UST regulation. ethanol and 25 percent ethanol blends
are likely to be nonexistent given the on dispenser components. Results
Compatibility
passage of time since installation. EPA indicated some materials used in the
agrees with these commenters and is EPA understands that the chemical manufacture of seals degraded more
revising the notification form to indicate and physical properties of ethanol and when exposed to 25 percent ethanol test
that only owners of UST systems with biodiesel can be more degrading to fluid than when exposed to 85 percent
field-constructed tanks and airport certain UST system materials than ethanol test fluid. Other literature
hydrant fuel distribution systems petroleum alone. As the use of ethanol- suggests ethanol fuel blends can be
brought into use after the effective date and biodiesel-blended fuels increases, more aggressive toward certain
of this final UST regulation need to EPA is concerned that not all UST materials than independent fuel
complete this section. system equipment or components are constituents, with maximum polymer
compatible with these fuel blends. For swelling observed at approximately 15
4. Compatibility purposes of compatibility, EPA uses the
percent ethanol by volume.110 Based on
Regulated Substance and Motor Fuel term equipment to mean a group of
this information, this final UST
Definitions components assembled together by the
regulation clarifies the compatibility
This final UST regulation revises the manufacturer. Compatibility can be
requirements for owners and operators
regulated substance definition to clarify determined for all components of a
storing regulated substances containing
that UST systems containing petroleum piece of equipment. Compatibility
greater than 10 percent ethanol.
derived from non-crude oil products are determinations for equipment are This final UST regulation also
regulated. The preamble to the typically useful when an UST system is clarifies the compatibility requirements
supplement of the proposed 1988 UST newly installed or when a complete
for owners and operators storing
regulation indicates that petroleum piece of equipment is replaced.
regulated substances containing greater
Examples of equipment include the
products can be derived from other than 20 percent biodiesel. Although the
piping system, STP assembly, and
materials, such as biomass, plant total use of biodiesel is significantly less
automatic shutoff device assembly. A
material, organic waste, coal, and shale than that of ethanol, biodiesel has
component is considered an individual
oil.106 Petroleum is comprised of a
piece of an UST system and is typically
complex blend of hydrocarbons 107 Renewable Fuels Association, Building
a single piece of the equipment. Bridges to a More Sustainable Future: 2011 Ethanol
regardless of its source material.
Many people applied the definition of Component compatibility is determined Industry Outlook. http://www.ethanolrfa.org/page/-
on a piece by piece basis. A component /2011%20RFA%20Ethanol%20Industry%20
regulated substance in the 1988 UST Outlook.pdf?nocdn=1.
regulation to petroleum UST systems compatibility determination is typically 108 Oak Ridge National Laboratory, Intermediate
only if the petroleum was derived from needed when performing repairs on an Ethanol Blends Infrastructure Materials
crude oil. This final UST regulation UST system where only parts of a piece Compatibility Study: Elastomers, Metals, and
clarifies that petroleum derived from of equipment are replaced. Examples of Sealants (March 2011).
109 Underwriters Laboratories, Inc., Underwriters
non-crude oil based products, such as components include gaskets, seals, and
Laboratories Research Program on Material
green gasoline, is a regulated substance other individual pieces that form a piece Compatibility and Test Protocols for E85 Dispensing
of equipment.
under 40 CFR part 280. This Equipment (December 2007). Available in the UST
Gasoline containing 10 percent or less Docket under Docket ID No. EPA–HQ–UST–2010–
clarification is consistent with the
ethanol (E10) has been used in parts of 0651.
preamble to the 1988 UST regulation, 110 Westbrook, P.A., Compatibility and
the United States for many years. UST
Permeability of Oxygenated Fuels to Materials in
106 ‘‘40 CFR parts 280 and 281 USTs; Supplement equipment and component Underground Storage and Dispensing Equipment
to Proposed Rule,’’ 52 FR 48640 (December 23, manufacturers accommodated the E10 (January 1999). Available in the UST Docket under
1987). market by producing compatible Docket ID No. EPA–HQ–UST–2010–0651.
become increasingly available across the percent biodiesel, or any other regulated For equipment and components tested
United States and may be incompatible substances identified by the and approved by a nationally
with certain materials in UST systems. implementing agency. Owners and recognized, independent testing
For example, pure biodiesel (B100) has operators of these UST systems must laboratory, owners and operators may
known compatibility issues with certain meet one of the following options: demonstrate compatibility solely by
materials. According to the U.S. • Use equipment or components that keeping records of the equipment and
Department of Energy’s National are certified or listed by a nationally components. In this instance, the testing
Renewable Energy Laboratory (NREL) recognized, independent testing laboratory’s listing, labeling, or approval
Biodiesel Handling and Use Guide, laboratory for use with the fuel stored demonstrates the equipment or
Fourth Edition,111 ‘‘B100 will degrade, • Use equipment or components component’s suitability to be used with
soften, or seep through some hoses, approved by the manufacturer to be the regulated substance stored. This
gaskets, seals, elastomers, glues, and compatible with the fuel stored means owners and operators will be
plastics with prolonged exposure. . . . In addition, owners and operators able to demonstrate compatibility by
Nitrile rubber compounds, may use another option determined by retaining equipment or component
polypropylene, polyvinyl, and Tygon® the implementing agency to be no less records.
materials are particularly vulnerable to Owners and operators may also
protective of human health and the
B100.’’ demonstrate compatibility by obtaining
environment than the methods listed
In contrast, the properties of very low manufacturer’s approval of the
above.
blends of biodiesel, such as B5 or less, equipment or component. The
These options provide owners and
are so similar to those of petroleum manufacturer’s approval must be in
operators flexibility in demonstrating
diesel that the American Society for writing and include an affirmative
compatibility while still protecting
Testing and Materials (ASTM) statement that the equipment or
human health and the environment. In
International considers conventional component is compatible with the fuel
the past, owners and operators typically
diesel that contains up to 5 percent blend stored. The manufacturer’s
demonstrated compatibility by using approval must also specify the range of
biodiesel to meet its Standard
Specification for Diesel Fuel Oils.112 For equipment or components certified or fuel blends for which the equipment or
biodiesel blends between 5 and 100 listed by a nationally recognized, component is compatible. The
percent, there is very little compatibility independent testing laboratory, such as manufacturer’s approval must be issued
information; however, NREL’s handling UL. Many pieces of UST equipment and from the equipment or component
and use guide concludes that biodiesel components in the ground today were manufacturer, not another entity, such
blends of B20 or less have less of an manufactured before regulated as the installer or distributor. A
effect on materials and very low blends substances containing ethanol or manufacturer’s approval enables owners
of biodiesel, such as B5 and B2, ‘‘. . . biodiesel existed and are not approved and operators to demonstrate
have no noticeable effect on materials by nationally recognized, independent compatibility for equipment or
compatibility.’’ 113 In addition, fleet testing laboratories for use with these components not approved for use by a
service sites have stored B20 in UST fuel blends. Currently, certain tanks and nationally recognized, independent
systems for years, and EPA is not aware piping have been tested and are listed testing laboratory. It also provides
of compatibility-related releases by UL for use with higher-level ethanol implementing agencies with verification
associated with those UST systems blends. However, many other pieces of that the equipment or component is
storing B20. Therefore, this final UST equipment and components of UST compatible with the fuel stored.
regulation requires tank owners and systems, such as leak detection devices, Implementing agencies may approve
operators who store greater than 20 sealants, and containment sumps, may other options for complying with the
percent biodiesel in their UST systems not be listed by UL or another nationally compatibility requirement for regulated
demonstrate compatibility of UST recognized, independent testing substances containing greater than 10
equipment or components by one of the laboratory for use with these blends. percent ethanol or greater than 20
options listed in § 280.32. In addition, EPA is not aware of any percent biodiesel if they are no less
This final UST regulation retains the nationally recognized, independent protective of human health and the
requirement for owners and operators to testing laboratory that has performed environment than manufacturer’s
use UST systems made of or lined with compatibility testing on UST system approval or a listing, labeling, or
materials that are compatible with the equipment or components with approval by a nationally recognized,
substance stored in the UST system. It biodiesel-blended fuels. Absent independent testing laboratory. This
does not change the compatibility certification or listing from a nationally provides implementing agencies with
requirement in the 1988 UST regulation, recognized, independent testing flexibility to consider other approaches
but does add several options for owners laboratory or other verification that the they determine to be appropriate. For
and operators to demonstrate that their equipment or component may be used example, in lieu of an affirmative
UST systems are compatible with with anything other than conventional compatibility determination,
regulated substances containing greater fuels, the suitability of an UST system implementing agencies may allow
than 10 percent ethanol, greater than 20 for use with biodiesel blends is secondarily contained UST systems
questionable. As a result, EPA is using interstitial monitoring to store
111 National Renewable Energy Laboratory, providing several options for regulated substances containing greater
Biodiesel Handling and Use Guide, Fourth Edition, demonstrating compatibility to reduce than 10 percent ethanol or 20 percent
(2009). Available in the UST Docket under Docket
ID No. EPA–HQ–UST–2010–0651.
the risk of releases due to material biodiesel. The rationale is that a leak
incompatibility. Owners and operators from the primary containment will be
112 ASTM Standard D975, 2010c, Standard
Specification for Diesel Fuel Oils, ASTM storing regulated substances blended contained by secondary containment
International, West Conshohocken, PA, 2010, DOI: with greater than 10 percent ethanol or and detected by interstitial monitoring
10.1520/D0975–10C, www.astm.org. greater than 20 percent biodiesel must
113 National Renewable Energy Laboratory,
equipment before regulated substances
Biodiesel Handling and Use Guide, Fourth Edition,
meet the compatibility requirements reach the environment.
(2009). Available in the UST Docket under Docket before storing those regulated Although these options for
ID No. EPA–HQ–UST–2010–0651. substances. demonstrating compatibility apply to
UST systems storing regulated Some commenters suggested adding compatible with the regulated
substances containing greater than 10 other options owners and operators substance stored
percent ethanol and greater than 20 could use for determining compatibility. • For UST systems storing greater than
percent biodiesel, this final UST One suggested addition was certification 10 percent ethanol, greater than 20
regulation extends the compatibility by a professional engineer (P.E.), who percent biodiesel, or other regulated
demonstration requirement to other would perform an on-site UST system substance identified by the
regulated substances identified by analysis to determine compatibility. In implementing agency—to
implementing agencies. This provides order to perform this analysis, a P.E. demonstrate the UST system is
implementing agencies with the would need to know the manufacturer compatible with these regulated
flexibility to require a demonstration of and model of all UST system equipment substances or compliance with
compatibility if there are concerns about or components. Because this alternatives allowed by the
other existing regulated substances and information cannot be entirely obtained implementing agency
when new regulated substances, such as through visual observation, a P.E. would However, after careful consideration
biobutanol, enter the fuel market. need to obtain records of the equipment of comments, this final UST regulation
EPA received comments about the to make an assessment and then search does not require owners and operators
difficulty in determining whether some for relevant equipment listings or maintain records for all new and
UST system equipment or components manufacturer certifications. This means replaced equipment. EPA decided it is
currently installed in the ground are a P.E. certification is equivalent to the too onerous for owners and operators to
compatible with ethanol and biodiesel options in this final UST regulation. maintain this information, which may
blended fuels. In fact, EPA thinks there EPA does not object to a P.E. performing not transfer when facilities change
are many cases where some equipment a records review; however, we think it ownership.
or components of UST systems in the is impractical for a P.E. to perform a To make it easier for UST owners and
ground as of 2014 are not compatible visual assessment of an UST system and operators to comply with the
with newer fuels. Unless owners and make a compatibility determination in compatibility requirement, this final
operators specifically requested all of the absence of equipment records and UST regulation requires that owners and
the UST system be compatible with certifications. Therefore, EPA is not operators notify the implementing
higher ethanol or biodiesel blends, explicitly allowing a P.E. to make a agency at least 30 days before switching
installers probably installed lower cost compatibility determination in the to a regulated substance containing
options for certain UST system absence of UST system information and greater than 10 percent ethanol, greater
equipment, such as a STP assembly, compatibility certifications. than 20 percent biodiesel, or any other
which may not be compatible with some Some commenters suggested EPA use regulated substance identified by the
newer fuels. Non-compatible equipment a tiered approach to demonstrate implementing agency. This notification
or components, such as equipment in compatibility for UST systems storing prior to switching fuels gives the
containment sumps, are usually easier regulated substances containing greater implementing agency an opportunity to
to upgrade or replace than the tank or than 10 percent ethanol and greater than inquire about the compatibility of the
piping because they are typically 20 percent biodiesel, and choose one UST system before owners and
located in areas not requiring method of determining compatibility. operators begin storing the new
excavation. In addition, EPA provides EPA interprets tiered approach to mean regulated substance. This notification
various options for meeting the requiring the more stringent option first, requirement already exists in some
compatibility requirement. To protect which is listing by a nationally states. For example, Colorado, North
the environment from releases of recognized, independent testing Carolina, and South Carolina require
ethanol blends greater than 10 percent, laboratory. If the more stringent option UST owners submit a completed
biodiesel blends greater than 20 percent, is not available, the second tier would compatibility checklist prior to storing
or any other regulated substance allow manufacturer’s approval. This some newer fuel blends. To notify,
identified by the implementing agency, final UST regulation does not include a owners and operators may contact
owners and operators must do one of tiered approach because EPA thinks implementing agencies via EPA’s Web
the following: using this method for demonstrating site at www.epa.gov/oust/.
• Demonstrate the UST system is compatibility makes the final UST This final UST regulation requires
compatible through certification or regulation too complicated for owners and operators maintain records
listing by a nationally recognized, implementing agencies as well as that demonstrate compliance with
independent testing laboratory or owners and operators. Even if the UST § 280.32(b) for as long as the UST
manufacturer approval system equipment or components have system stores greater than 10 percent
• Replace equipment or components a listing from a nationally recognized, ethanol, greater than 20 percent
not compatible or for which independent testing laboratory, we do biodiesel, or other regulated substances
compatibility cannot be determined not always know whether compatibility identified by the implementing agency.
testing was part of the listing. EPA Owners and operators must retain
• Use another option determined by an records for these regulated substances in
implementing agency to be no less thinks manufacturers will only issue
written claims of compatibility if they order to meet this compatibility
protective of human health and the requirement.
environment have sufficient information to support
such claims. The 2011 proposed UST regulation
• Not store these regulated substances preamble included an extensive list of
in the UST system The 2011 proposed UST regulation
UST system equipment and components
required owners and operators retain

These options provide owners and that must be compatible but that list was
these records:
operators with adequate flexibility when not in the 2011 proposed UST
demonstrating compatibility and • For all new and replaced equipment regulation. Based on commenter input,
determining whether certain regulated or components—so it is easier to this final UST regulation includes a list
substances may be stored in the UST demonstrate whether or not the of UST system equipment and
system. equipment or component is components that owners and operators
must demonstrate to be compatible 5. Improving Repairs when UST system equipment fails to
when using the manufacturer’s approval Changes to the Definition of Repair function properly.
and certification or listing options. The Finally, based on comments received,
UST system equipment or components This final UST regulation adds these EPA is adding clarifying language to the
that owners and operators must UST system components to the repair definition to ensure UST system
demonstrate to be compatible are those definition of repair: piping; spill component repairs restore components
related to the tank, piping, containment prevention equipment; overfill to proper operating condition.
sumps, pumping equipment, release prevention equipment; corrosion Tests or Inspections After Repairs
detection equipment, spill prevention protection equipment; and release
detection equipment. The 1988 UST This final UST regulation adds new
equipment, and overfill prevention testing or inspection requirements for
equipment. These items are a subset of regulation definition of repair used the
generic term UST system component spill, overfill, and secondary
an UST system, as defined by § 280.12, containment equipment following a
and provided no detail about what an
which, if incompatible, could lead to a repair and allows owners and operators
UST system component is. By adding
release. these UST system components, EPA is up to 30 days following the repair to test
This changes protect human health making it clear that these specific or inspect the repaired UST component.
and the environment from potential components are subject to the repairs EPA acknowledges that some secondary
releases from incompatible UST allowed section of the final UST containment can be tested through
systems. These changes are not overly regulation. This means owners and normal release detection if vacuum,
burdensome, nor do they require costly operators performing repairs on these pressure, or liquid-filled methods of
UST system components must follow interstitial monitoring are used as the
retrofits. They give owners and
the repairs allowed section (§ 280.33). method of release detection. In these
operators flexibility, yet provide EPA
cases, the secondary containment test
with confidence that UST systems are Owners and operators commonly fix
occurs automatically, making it
compatible with new fuel blends when UST components that have not caused unnecessary to perform additional
owners and operators use one or more a release of regulated substance from the testing.
of the options to determine UST system. However, the repair EPA agrees with commenters about
compatibility. This final UST regulation definition in the 1988 UST regulation using the term inspecting rather than
provides owners and operators with did not consider these types of fixes as testing as it relates to the operability of
certainty about which options are repairs since they were not associated overfill prevention equipment.
allowed for demonstrating UST system with releases. This final UST regulation Performing inspections will avoid
compatibility with the substances removes the link that a repair is only potentially overfilling the tank while
stored. associated with a release, requiring ensuring the overfill prevention
owners and operators meet the repairs equipment operates properly. EPA is
Finally, EPA is removing from the allowed section (§ 280.33) when fixing revising the overfill prevention
compatibility section of the 1988 UST UST system components that have equipment test to be an overfill
regulation API Recommended Practice failed to function properly, even if they prevention equipment inspection.
1627, which is a code of practice related have not caused a release of product EPA agrees with commenters who
to methanol-blended fuels. EPA from the UST system. This change indicated that testing or inspection
included this code of practice in the means owners and operators must following repair should only apply to
1988 UST regulation to help owners and perform repairs in accordance with a the component or components repaired
operators demonstrate compliance with code of practice developed by a and not to the entire UST system. This
the compatibility requirement for nationally recognized association or final UST regulation requires testing or
methanol-blended fuels. However, independent testing laboratory and test inspection, as appropriate, following a
EPA’s subsequent review of this code or inspect the repaired equipment. This repair only for those UST system
revealed no substantial information change ensures repair activities separate components repaired and not to all
about determining compatibility of UST from a release are conducted properly. components at the UST site. In addition,
systems with methanol-blended fuels. In For example, under the 1988 UST EPA is requiring owners conduct a test
August 2010, API published an updated regulation, fixing a cathodic protection of the secondary containment area
version of API Recommended Practice system was not considered a repair. In (including containment sumps) only if
1626, which is a code of practice for this final UST regulation, this activity is the secondary containment area is
storing and handling of ethanol-blended considered a repair that must meet the repaired and that area is used for
fuels. In the 2011 proposed UST repair requirements in § 280.33. interstitial monitoring. Note that all
regulation, EPA removed this code of EPA proposed adding a suspected secondary containment areas must use
practice because the proposed UST release as part of the definition of repair, interstitial monitoring for tanks and
regulation provided specific so repairs associated with suspected piping installed 180 days after the
releases are covered under the repair effective date of this final UST
requirements about how owners and
definition. However, based on regulation (see section A–2, Secondary
operators may demonstrate
comments received, EPA is not Containment for additional
compatibility for their UST systems. including suspected release as part of information). Repairs to the primary
However, because commenters pointed the definition of repair in this final UST containment areas of a tank or piping
out the code of practice includes regulation because that circumstance is may be tested using other options for
requirements for demonstrating already covered under the ‘‘failed to tanks and piping listed in the repairs
compatibility of UST systems with function properly’’ language in the section.

ethanol-blended fuels, EPA is including repair definition. EPA disagrees with Several commenters expressed
it as a code of practice that may be commenters suggesting EPA remove the concern that replacing UST system
useful in complying with the ‘‘failed to function properly’’ language components that have not yet failed to
compatibility section in this final UST because EPA thinks repairs need to function properly would trigger the
regulation. occur both when a release occurs and repair requirements. If owners and
operators choose to replace UST system UST implementing agency already has define site assessment criteria specific
components, those components must or will establish additional criteria for to their local geology in addition to
meet the installation requirements in use. In addition, commenters suggested what is required in the UST regulation.
§ 280.20(d). Therefore, replaced UST EPA continue allowing certain UST EPA also acknowledges and supports
system components do not have to meet systems to use vapor monitoring and several UST implementing agencies’
the repair requirements in § 280.33. groundwater monitoring, specifying efforts in conducting construction
EPA solicited comments about emergency generator tanks, certain high- certification and recertification
whether to consider requiring tests or throughput UST systems, or specific inspections. However, EPA has not
inspections of spill, overfill, and low-throughput systems. EPA also analyzed the economic burden
secondary containment areas before received numerous requests to expand construction certification and
returning the UST system to service, our proposed release detection options recertification inspections would place
rather than within 30 days of the repair. for airport hydrant fuel systems and on UST implementing agencies and
Many commenters were supportive of field-constructed tanks to allow the use potentially UST system owners and
requiring testing or inspection before of vapor monitoring or groundwater operators. Therefore, this final UST
bringing the UST system back into monitoring. Under the 2011 proposed regulation does not require installation
service. However, this final UST UST regulation, these options are not inspections, certification, or
regulation allows owners and operators acceptable release detection options for recertification inspections of monitoring
up to 30 days following the repair to owners and operators of airport hydrant wells. EPA expects UST implementing
conduct testing or inspections. EPA systems and field-constructed tanks. agencies will continue reviewing and
thinks owners and operators need to test EPA agrees with commenters that accepting site assessments according to
or inspect the repaired component as owners and operators of emergency their program policies.
soon as possible following the repair. generator tanks, certain high-throughput In the event of a confirmed release at
However, EPA understands there are UST systems, and specific low- an UST site, vapor monitoring and
circumstances where testing or throughput systems could benefit from groundwater monitoring are no longer
inspection before returning the UST continued use of vapor monitoring and acceptable options for release detection
system to service may be impractical groundwater monitoring until owners unless a new site assessment for the
(for example, weather conditions, and operators replace their UST systems release detection method is conducted.
remote locations, or the need to to meet the secondary containment If a release is confirmed, an owner and
schedule a test). In these examples, the requirement necessitating interstitial operator will have to remediate the site
UST system would remain out of service monitoring. EPA thinks that requiring according to 40 CFR part 280, subpart F.
until the test or inspection is completed, owners and operators to maintain the Following site remediation, and as long
resulting in unnecessary UST system site assessment will increase as replacement of the UST system does
down time for owners and operators. environmental protection appreciably not trigger the secondary containment
Thirty days allows some flexibility for beyond the 1988 UST requirements. requirement, an owner and operator
completing the test or inspection, while Implementing agencies have noted that must obtain a new site assessment to
allowing the UST system to return to site assessments often do not exist for verify appropriate use of these methods,
service. vapor or groundwater monitoring. Thus, if the owner and operator chooses to
by requiring site assessment records, we continue using vapor monitoring or
6. Vapor Monitoring and Groundwater
will ensure vapor and groundwater groundwater monitoring as the primary
Monitoring
monitoring wells are properly located release detection method. Otherwise,
This final UST regulation retains and function as effective release owners and operators must use another
vapor monitoring and groundwater detection. EPA also thinks that allowing method of release detection according to
monitoring as methods of release these release detection options to be subpart D or subpart K.
detection for tanks and piping installed customized and used for airport hydrant At the time of the 2011 proposed UST
before the effective date of this final systems and field-constructed tanks will regulation, EPA estimated
regulation, as long as owners and make it easier for owners and operators approximately 5 percent of all active
operators demonstrate proper to comply with the release detection UST systems were using vapor
installation and performance through a requirement. monitoring or groundwater monitoring
site assessment. In addition, this final Therefore, this final UST regulation to comply with release monitoring
UST regulation revises the continues to allow vapor and requirements.114 Commenters
recordkeeping requirement in § 280.45, groundwater monitoring as long as confirmed that 5 percent of vapor
which means owners and operators owners and operators maintain a site monitoring and groundwater monitoring
must maintain site assessments assessment that demonstrates the was accurate. EPA also confirmed that
according to § 280.43(e)(6) and (f)(7) for release detection method meets the although the methods are used very
as long as these release detection requirements in this final UST infrequently in the majority of
methods are used. regulation. Owners and operators of jurisdictions, there is considerably high
In the 2011 proposed UST regulation, airport hydrant systems and field- use in certain states. Arkansas,
EPA phased out vapor monitoring and constructed tanks will have to meet the Louisiana, and Mississippi have a
groundwater monitoring over a five year requirements for vapor monitoring and significant number of owners and
time frame. However, EPA received groundwater monitoring described in operators using vapor monitoring,
significant comments in support of subpart K (see section C–2 for additional groundwater monitoring, or a
retaining these release detection information). combination of the two methods.
methods. Many commenters presented The 1988 UST regulation defined
circumstances where EPA should allow criteria for the use of both release 114 E2, Incorporated, memoranda and analyses
owners and operators to use vapor detection methods as explicitly as submitted under Contract EP–W–05–018, U.S.
monitoring and groundwater monitoring possible, given the large variation of Environmental Protection Agency. Underground
such as: Until the system is replaced site-specific conditions at UST sites Analytical And Technical Support. These
and the secondary containment across the country. EPA supports UST supporting materials are located in the docket EPA–
requirement is triggered; or when the implementing agencies’ efforts to better HQ–UST–2011–0301.
Estimated use of both methods in these sufficient. The site assessment will order to provide optimal monitoring
states is 29 percent, 12 percent, and 65 confirm that vapors to be monitored will results. Operation and maintenance
percent, respectively. Confirmation of be unaffected by groundwater, rainfall, requirements for electronic and non-
high use in one particular geographic or soil moisture. Perhaps the most electronic equipment are addressed in
area of the country influenced EPA’s crucial information in the site the release detection equipment testing
decision to continue allowing use of assessment is the background requirement discussed in section B–5
these methods. contamination level at the site. This will and the walkthrough inspection
EPA agrees with comments about allow owners, operators, and requirement in section B–1,
major benefits for UST system owners implementing agencies to determine respectively.
and operators to use backup release whether that level interferes with
detection, whether it is vapor monitoring methods. It also marks the 7. Interstitial Monitoring Results,
monitoring, groundwater monitoring, or threshold for determining a release has Including Interstitial Alarms, Under
another method. However, neither the occurred when monitoring for Subpart E
1988 UST regulation nor this final UST petroleum hydrocarbons. This final UST regulation clarifies
regulation requires a secondary 30 day Maintaining the site assessment also UST owners’ and operators’
release detection method. addresses specific groundwater responsibilities regarding interstitial
EPA discussed several issues in the monitoring issues EPA discussed. monitoring results, including alarms,
2011 proposed UST regulation that Groundwater at times can be more than under 40 CFR part 280, subpart E.
prompted our proposal to no longer 20 feet from the ground surface, due to Specifically, EPA is making these
allow vapor monitoring and seasonal water table variations. This can changes:
groundwater monitoring as primary result in the depth to groundwater • § 280.50(b)—adding liquid in
methods of release detection. However, requirement not being met. Unless an interstitial spaces of secondarily
the requirement in this final UST analysis is performed and valid contained UST systems as an example
regulation for owners and operators to documentation regarding use of the of an unusual operating condition and
maintain the record of a site assessment wells for vapor monitoring during low adding to the list of criteria for not
for as long as the method is used will water table conditions is included in the being required to report a suspected
address most of these issues. site assessment, the wells will be release that any liquid in the
If the site assessment is available restricted for groundwater monitoring interstitial space not used as part of
when inspecting USTs, UST use only.
implementing agencies can confirm the interstitial monitoring method
In cases where there is no site
proper installation and use of must be removed
assessment or an assessment does not
monitoring wells. For example, if • § 280.50(c)—clarifying that an alarm
sufficiently ensure requirements in
inspectors find what they believe to be during release detection monitoring is
§ 280.43(e) or (f) are met, UST system
insufficient numbers of wells or wells subject to the reporting requirement
owners and operators must reassess the
improperly located to sufficiently and describing exceptions to the
site and maintain documentation
monitor all portions of the tank or reporting requirement
required in § 280.43(e)(6) and (f)(7) in
piping that routinely contain product, • § 280.52(a)—adding owners and
order to continue using groundwater or
inspectors will be able to reference the operators as appropriate must conduct
vapor monitoring as a method of release
site assessment to determine adequacy secondary containment testing, and
detection. At a minimum, a professional
of the wells. engineer or professional geologist, or clarifying actions UST owners and
The site assessment will also help equivalent licensed professional with operators must take if a test confirms
UST implementing agencies determine experience in environmental a leak into the interstitial space or
whether certain conditions, which allow engineering, hydrogeology, or other indicates a release to the environment
users to switch between vapor relevant technical discipline acceptable The 1988 UST regulation implicitly
monitoring and groundwater monitoring to the UST implementing agency must covered interstitial monitoring when
due to seasonal variations, have been sign the new site assessment. reporting suspected releases because it
met. Monitoring wells must be properly EPA understands that in Arkansas, was a method of release detection. This
constructed and installed to meet all Louisiana, and Mississippi, where the final UST regulation makes changes to
criteria in § 280.43(e) and (f). Wells used methods are commonly used and explicitly cover interstitial monitoring
for vapor monitoring must allow vapors account for the majority of use in the and reinforce that a leak into an
to collect; wells used for groundwater country, most UST system owners and interstitial space of a secondarily
monitoring must be screened to prevent operators or the UST implementing contained UST system also indicates a
clogging and intercept the water table at agency have sufficient documentation of potential threat to the environment;
both high and low groundwater the site assessment. This means most leaks must be investigated, addressed,
conditions while being sealed from the owners and operators in those states and as necessary, reported.
ground to the top of the filter pack. will not need to conduct a new site This final UST regulation requires
Information regarding acceptability of assessment to comply with this final interstitial monitoring for all new or
the same wells used for both methods of UST regulation. Owners and operators replaced tanks and piping (see section
release detection must be documented in other areas of the country may need A–2, Secondary Containment). As new
in the site assessment. to conduct a site assessment in order to systems are installed, interstitial
In the 2011 proposed UST regulation, continue using vapor monitoring or monitoring will become more widely
EPA discussed issues that were specific groundwater monitoring. used as a method of release detection.
to vapor monitoring. These issues will This final UST regulation also With this in mind, EPA wants UST
be addressed when owners and addresses another major aspect owners and operators to clearly
operators maintain the site assessment associated with vapor monitoring and understand how interstitial monitoring
for as long as the method is used. The groundwater monitoring methods. results, including interstitial alarms,
site assessment will contain information Equipment that is used as part of these must be handled.
on site conditions, such as whether release detection methods requires In the 1988 UST regulation, EPA
porosity of the surrounding soil is proper operation and maintenance in indicated that product or water in the
interstice, and alarms signifying the used as part of the interstitial operator must correct or address the
presence of those conditions, are monitoring method. problem. In addition to options listed in
unusual operating conditions and must EPA is clarifying in § 280.50(c) that an the 1988 UST regulation, this final UST
be investigated appropriately. However, alarm during release detection regulation includes closure as an option
EPA did not indicate how UST owners monitoring, which indicates a potential when an owner and operator confirms a
and operators were to address release or compromise of the interstitial release. Nothing in this final UST
discrepancies with interstitial spaces. space, is subject to the reporting regulation changes the requirement in
As a result, some UST owners and requirement. UST owners and operators subpart F for an UST owner and
operators were uncertain about how best must appropriately address all release operator to take corrective action if a
to respond to interstitial monitoring detection monitoring alarms. For release occurred.
results and alarms associated with example, some interstitial monitoring In the 2011 proposed UST regulation,
interstitial monitoring that indicate a systems will trigger an alarm, which EPA suggested that UST owners and
release may have occurred. To alleviate indicates a potential release or that the operators follow integrity test
uncertainty for owners and operators, interstitial space has been requirements, now referred to as
EPA provides information below about compromised. In subpart E, EPA is secondary containment testing, of the
interstitial monitoring and responses to adding interstitial monitoring to interstitial area. Many commenters
alarms. emphasize its importance because the noted that tank tightness testing or line
This final UST regulation revises secondary containment requirement for tightness testing may be more
§ 280.50(b) by adding interstitial spaces new and replaced systems in section A– appropriate tests to confirm a suspected
of secondarily contained UST systems 2 will increase the use of interstitial release under certain circumstances,
and clarifying the presence of liquid in monitoring. UST owners and operators and UST system owners and operators
this space as an unusual operating are not required to report alarms from should be allowed the choice of
condition unless the liquid is used for defective system equipment or determining which test to use. EPA
interstitial monitoring or meets the components or alarms that are agrees and is revising § 280.52(a) to
requirements described in investigated and determined to be a indicate use of secondary containment
§ 280.43(g)(2)(iv). Water in the non-release. Also, UST owners and testing as appropriate.
operators do not have to report leaks, EPA received several comments about
interstitial space (presumably from a
which are contained in the interstitial the terms release and leak used
breach in the secondary wall) and
space; but owners and operators must throughout the 2011 proposed UST
product in the interstitial space
investigate and repair problems. Except regulation and the 1988 UST regulation.
(presumably from a breach in the
as provided in § 280.43(g)(2)(iv), any Historically, EPA used these terms
primary wall) are the two typically interchangeably. As a result of EPA’s
liquid in the interstitial space not used
encountered liquids discovered in the new secondary containment and
as part of the interstitial monitoring
interstice. However, EPA is using the interstitial monitoring requirement (see
method, such as brine filled, must be
broader term liquid to cover water, section A–2, Secondary Containment),
removed.
product, or other substances in the Several commenters misunderstood there is now a subtle but important
liquid-phase in the interstitial space. EPA’s discussion regarding reporting distinction between the terms. The term
Any liquid in this space not used for alarms. In the 2011 proposed UST release is defined in the Solid Waste
interstitial monitoring or not meeting regulation, EPA intended that owners Disposal Act. EPA provides the same
the requirements described in and operators need to investigate all definition of release in the UST
§ 280.43(g)(2)(iv) indicates there is an alarms, but only report confirmed regulation at § 280.12. Release means
UST system problem that needs to be releases and suspected releases that any spilling, leaking, emitting,
resolved. As a result, EPA is specifying could not be ruled out by an discharging, escaping, leaching or
this as an unusual operating condition investigation. Commenters suggested disposing from an UST into
and is requiring UST owners and these changes to EPA’s 2011 proposed groundwater, surface water or
operators investigate and address it. UST regulation at § 280.50(c): Deleting subsurface soils. A release always
Several commenters suggested language pertaining to alarms; changing reaches the environment. The term leak
changes to § 280.50(b) of the 2011 language regarding the time allowed to in this final UST regulation is a more
proposed UST regulation. Suggestions repair, recalibrate, or replace defective general term that includes both cases of
included: Deleting that water or product system equipment; and including an when a regulated substance enters into
in the interstice is reportable and exception for reporting alarms that have a contained area (such as secondary
clarifying the requirement that the been confirmed to be false alarms. Based containment) but has not yet reached
unexplained presence of water or on comments, EPA in § 280.50(c) of this the environment and when a regulated
product is an unusual operating final UST regulation is expanding and substance reaches the environment (a
condition. Based on comments, EPA in describing exceptions to reporting release). Therefore, the term release is a
§ 280.50(b) of this final UST regulation monitoring results, including subset of the more general term leak.
is using the term liquid, rather than investigation of an alarm from a release Note that leaks and releases have
water or product, to address any liquid detection method that indicates a investigation and reporting
in the interstitial space. To add clarity release may have occurred. requirements in subpart E.
to this final UST regulation, EPA is also EPA is adding secondary containment As a result of distinguishing between
restructuring the section to provide testing, as appropriate, to the release a leak and a release, EPA is clarifying
subsections with separate examples of investigation and confirmation steps in the definition of release detection. The
unusual operating conditions. This final § 280.52(a) of the final UST regulation. 1988 UST regulation defined release
UST regulation also allows owners and EPA thinks it is important to clarify detection as determining whether a
operators to not remove or report liquid actions UST owners and operators must release of a regulated substance
under two conditions: Within secondary take if a test confirms a leak into the occurred from the UST system into the
barriers described in § 280.43(g)(2)(iv), interstitial space or indicates a release environment or into the interstitial
as long as interstitial monitoring is not has occurred. If a leak into the interstice space between the UST system and its
rendered inoperative, or the liquid is is confirmed, an UST owner and secondary barrier or secondary
containment around it. This final UST The 1988 UST regulation allowed a piping and allows UST owners and
regulation revises the definition of steel-fiberglass-reinforced-plastic operators to install other types of non-
release detection to clarify regulated composite tank (also called a fiberglass corrodible piping, such as flexible
substances entering into the interstitial clad tank), but did not specifically plastic, without requiring implementing
space are leaks instead of releases. This include other non-corrodible claddings. agencies to make a determination on the
final UST regulation defines release In addition to fiberglass, manufacturers suitability of those materials.
detection as determining whether a in 2014 are using other non-corrodible Release Detection Technologies
release of a regulated substance materials claddings for steel tanks,
occurred from the UST system into the which are listed by UL standard 1746, The 1988 UST regulation allowed
environment or a leak occurred into the External Corrosion Protection Systems UST owners and operators to use other
interstitial space between the UST for Steel Underground Storage Tanks. methods that meet release detection
system and its secondary barrier or These tank technologies are effective at performance criteria listed at
secondary containment around it. This preventing corrosion of the portion of § 280.43(h). Although continuous in-
change allows EPA to continue to use the steel tank shell in contact with the tank leak detection (CITLD) and SIR
the term release detection as it applies ground. EPA considers a cladding to be were allowed under § 280.43(h), EPA is
to both leaks and releases. a non-corrosive dielectric material, including both by name and providing
bonded to a steel tank with sufficient specific performance criteria in this
E. General Updates final UST regulation for the reasons
durability to prevent external corrosion
1. Incorporate Newer Technologies during the tank’s life. described below.
Since EPA promulgated the 1988 UST Because they were not commonly CITLD
regulation, newer tank, piping, and used at the time, EPA did not include
The 1988 UST regulation allowed
release detection technologies have been jacketed tanks in the 1988 UST
ATG systems as a recognized method of
developed and are being used. EPA is regulation. These tanks are now: More
release detection. However, ATG
incorporating several of these newer commonly used; UL 1746 listed for
systems were generally listed with
technologies in this final UST external corrosion protection; and
performance requirements consistent
regulation. In addition, because the effective in preventing corrosion of the
with performing a static test. ATG
1988 UST regulation closure steel tank shell. EPA considers the tank
systems rely on system down time and
requirements unintentionally restrict jacket to be a non-corrosive dielectric
the absence of product delivery or
use of a newer tank within a tank material that: is constructed as
dispensing activities to perform release
technology, EPA is revising closure secondary containment or jacketed detection. In static testing mode, an
requirements to provide additional around a steel tank; has sufficient ATG system analyzes product level and
flexibility for implementing agencies to durability to prevent external corrosion determines whether a leak is present
allow field-constructed tank of the steel tank shell during a tank’s during that down time. UST owners and
technologies that construct a tank life; and prevents a regulated substance operators also use ATG systems as a
within an existing closed tank. released from the primary steel tank means of continually monitoring tanks
However, EPA is not specifically wall from reaching the environment. for potential releases. CITLD has
including field-constructed tank within Non-Corrodible Piping evolved as a reliable means of providing
a tank technologies in the new tank release detection equivalent to other
The 1988 UST regulation allowed
standards section in § 280.20 of the final methods specified in § 280.41. Within
fiberglass-reinforced plastic piping, but
UST regulation, because the tank this category of methods, this final UST
did not specifically include other non-
construction technologies currently regulation allows continuous in-tank
corrodible piping options such as
covered in this section include both methods where the system
flexible plastic piping. Both fiberglass
factory constructed and field- incrementally gathers measurements to
and flexible plastic piping are listed
constructed technologies. Note that determine a tank’s leak status within the
under the UL 971 standard, Nonmetallic
§ 280.20(d) requires new UST systems, 30-day monitoring period.
Underground Piping for Flammable
including tank within a tank One commenter asked EPA to further
Liquids. Non-corrodible piping not
technologies, to be properly installed clarify the term CITLD. That commenter
made of fiberglass-reinforced plastic (in
according to a code of practice said EPA presented language in the
particular, flexible plastic piping) was
developed by a nationally recognized 2011 proposed UST regulation that
installed at UST sites beginning in the
association or independent testing confused CITLD, continuous statistical
1990s and has evolved over the past 20
laboratory and the manufacturer’s leak detection (CSLD), and SIR because
years. Flexible plastic piping is made of
instructions. each is a statistically based release
various non-corrodible materials, such
detection method. EPA agrees with the
Clad and Jacketed Tanks as polyethylene and polyurethane. EPA
commenter and is clarifying use of the
This final UST regulation adds steel estimates at least 13 percent of regulated
term CITLD, which encompasses all
tanks that are clad or jacketed with a piping currently installed is made of
statistically based methods where the
non-corrodible material to the list of non-corrodible materials that are not
system incrementally gathers
specific new tank design and fiberglass-reinforced plastic.116 This
measurements on an uninterrupted or
construction options for UST systems. final UST regulation revises fiberglass- nearly uninterrupted basis to determine
EPA estimates 10 percent of regulated reinforced piping to be non-corrodible a tank’s leak status. Currently, there are
tanks today are jacketed with a non- two major groups that fit into this
supporting materials are located in the docket EPA–
corrodible material and 18 percent are category: CSLD (also referred to as
HQ–UST–2011–0301.
clad with a non-corrodible material.115 116 E2, Incorporated, memoranda and analyses continuous automatic tank gauging
submitted under Contract EP–W–05–018, U.S. methods) and continual reconciliation.
115 E2, Incorporated, memoranda and analyses Environmental Protection Agency. Underground Both groups typically use sensors
submitted under Contract EP–W–05–018, U.S. Storage Tanks/Leaking Underground Storage Tanks
Environmental Protection Agency. Underground Analytical And Technical Support. These
permanently installed in the tank to
Storage Tanks/Leaking Underground Storage Tanks supporting materials are located in the docket EPA– obtain inventory measurements. They
Analytical And Technical Support. These HQ–UST–2011–0301. are combined with a microprocessor in
the ATG system or other control console gallons within a 30-day period with a requirement to combine it with tank
that processes the data. Continual probability of detection of 0.95 and a tightness testing and limit its use to
reconciliation methods are further probability of false alarm of 0.05. The 10 years. Section 280.50(c)(3)
distinguished by their connection to 2011 proposed UST regulation did not allows owners and operators to use
dispensing meters that allow for include the additional standard of 150 a second month of inventory
automatic recording and use of gallons within a 30-day period for SIR. control data to confirm initial
dispensing data in analyzing tanks’ leak EPA agrees with the commenter who possible failure results. However,
status. SIR, which we describe below, is noted the importance of the 150 gallons this allowance does not apply to
not a continually operating method that criteria if SIR methods are used for SIR. Therefore, any failed SIR result
fits into the CITLD category. monitoring piping for release detection; must be investigated as a suspected
This final UST regulation formally as a result, we are retaining this release. Also, in the event of an
recognizes CITLD as a release detection performance standard for SIR in the inconclusive result, UST owners
method in § 280.43(d). Per § 280.41, a final UST regulation because EPA and and operators must use another
conclusive pass or fail result must be some other implementing agencies method of release detection to
obtained within the 30-day monitoring allow UST system owners and operators determine the leak status of the
period. All monitoring records must be to use SIR for piping release detection. tank.
maintained according to § 280.45. Like other release detection methods, • Results for release detection,
Another method of release detection is SIR must be capable of detecting a including SIR, are required within the
required in the event of an inconclusive release of 0.2 gallon per hour or less 30-day monitoring period
result. For example, in the event of an with a probability of detection (Pd) of at Æ EPA considered including a
inconclusive result, UST owners and least 0.95 and probability of false alarm requirement in the final UST
operators may perform an in-tank static (Pfa) of no more than 0.05. In a normal regulation that UST owners and
test using an ATG system or use another probability distribution, SIR data operators obtain a record of SIR
method of release detection. typically analyzed through the results within 30 days. However,
calculation of the reportable values of this requirement is already covered
SIR in the release detection
minimum detectable leak rate (MDL)
This final UST regulation adds SIR as and the leak declaration threshold (T) requirements. As § 280.41(a)(1)
a release detection method and provides are related as follows: states, ‘‘Tanks . . . must be
performance criteria for its use. SIR • MDL is always greater than T monitored for releases at least every
must: • Pd = (1-Pfa), then MDL = 2 times T 30 days using one of the methods
• Report a quantitative result with a (i.e., T = 1⁄2 MDL) listed in § 280.43(d) through (i)
calculated leak rate; . . .’’ In this final UST regulation,
Any analysis of data indicating a
• Be capable of detecting a leak rate EPA is adding a subsection to
threshold value greater than one-half
of at least 0.2 gallon per hour or a formally recognize SIR. A definitive
minimum detectable leak rate should be
release of 150 gallons within a 30-day result of pass or fail that identifies
investigated as a suspected release.
period with a probability of detection of the tank’s leak status is required
One commenter asked EPA to further
not less than 0.95 and a probability of within the 30-day monitoring
clarify SIR. The commenter said EPA
false alarm of no greater than 0.05; and period for all release detection
• Use a threshold that does not presented language in the 2011
methods, including SIR.
proposed UST regulation that confused
exceed one-half the minimum • Owners and operators must use
detectable leak rate. statistically based release detection
another method of release detection if
A quantitative result with a calculated methods currently in use. EPA agrees
SIR results are inconclusive
leak rate is necessary to effectively and is modifying the description of SIR Æ For years, implementing agencies
perform release detection using SIR. in this final UST regulation at have been concerned about
Some SIR methods are qualitative based § 280.43(h) to narrow the focus of inconclusive results when using
methods that simply provide a result of statistically based methods, which fit SIR for release detection. In 1993,
pass or fail without any additional under this section. SIR encompasses EPA issued a policy regarding
information for UST owners and only those statistically based methods inconclusive SIR results,118 which
operators to gauge the validity of where inventory data is gathered over a says all methods used to meet
reported results. Based on information period and typically provided to a release detection requirements in
in the NWGLDE list,117 approximately vendor who analyzes the data to § 280.41 must obtain a conclusive
85 percent of SIR methods listed are determine the leak status of the tank. result of pass or fail within the 30-
quantitative-based methods. Many state These methods do not include systems day monitoring period. All
UST implementing agencies already that incrementally gather measurements monitoring records must be
only allow quantitative methods. This on an uninterrupted or nearly maintained according to § 280.45.
final UST regulation only allows uninterrupted basis to determine the For SIR, this means UST owners
quantitative SIR as an option for tank’s leak status described in and operators must obtain a report
meeting the release detection § 280.43(d) under continuous in tank determining release status within
requirement. leak detection. the 30-day monitoring period.
Consistent with the performance This final UST regulation addresses Another method of release
criteria described in the other methods these issues associated with SIR: detection is required when results
option for release detection, this final • SIR is not the same as inventory are inconclusive; prior to sufficient
control
UST regulation maintains the data gathered to generate an initial

Æ Historically, users, vendors, and
performance standards of a 0.2 gallon report at startup; or when a report
regulators have incorrectly
per hour release or a release of 150 is not available for any month of
associated SIR with inventory
117 National Work Group On Leak Detection control in § 280.43(a). SIR is more 118 UST Technical Compendium, question and
Evaluations’ List Of Leak Detection Evaluations For sophisticated than inventory answer number 21:http://epa.gov/oust/compend/
Storage Tank Systems: http://www.nwglde.org/. control and not subject to the same rd.htm.
monitoring. Owners and operators release detection requirement. recognized associations or independent
have not performed release Another option suggested was for testing laboratories to implement many
detection until the release status of EPA to add a requirement that SIR of the requirements. EPA will continue
the UST system has been results must be returned to owners to rely on codes of practice in this final
conclusively determined. within seven days of the end of the UST regulation.
• Initial SIR report at startup data collection period; other EPA reviewed information from more
Æ SIR methods need to gather data commenters indicated various other than 25 code making groups on more
over a period in order to determine times. EPA disagrees with this than 200 codes of practice, which have
whether the tank is leaking. In some option because it would not meet been developed or revised since the
cases, implementing agencies have the requirement to conduct release 1988 UST regulation.119 As a result,
addressed significant lag times detection at least once every 30 EPA is:
between when data is collected and days. Providing additional time for • Updating titles and designations of
when a tank status determination is one method to determine whether a existing codes of practice;
available to owners and operators. leak has occurred would be both • Adding applicable codes of practice
NWGLDE’s list of third-party unfair to UST system owners and developed after the 1988 UST
evaluated methods indicates the operators using other release regulation was finalized;
data collection period required for detection methods, as well as result • Moving codes of practice that were
SIR methods ranges from 15 to 90 in decreased environmental misplaced in the 1988 UST
days. However, most methods protection. To meet the release regulation; and
require between 23 and 30 days to detection requirement for SIR, • Removing codes of practice that:
gather sufficient measurements that owners and operators could Æ Are out of date, no longer available,
provide an accurate result. Any conduct a more frequent analysis, withdrawn, or rescinded;
method that goes beyond a 30-day as one commenter suggested, or Æ No longer provide any information
monitoring period is inconsistent send data more expeditiously by appropriate to or relevant to the
with and does not meet the release electronic means. EPA is retaining final UST regulation where it was
detection requirement. It is the 30-day release detection referenced; or
imperative that UST owners and requirement, which allows owners Æ Are no longer needed.
operators determine the status of and operators to use whatever For example, EPA listed the
their tanks within the established method they choose, as long as the Association for Composite Tanks ACT–
monitoring period to avoid method meets performance 100 tank standard in § 280.20(a)(3) of
increased risk of releases. standards. UST system owners and the 1988 UST regulation as a code of
Therefore, owners and operators operators can discuss changing practice for meeting the clad tank
must use another release detection their methods or data collection requirement. EPA is removing this code
method at least once every 30 days procedures with their SIR vendors of practice from this final UST
until a SIR result is obtained. After in order to meet EPA’s release regulation because both the association
that, owners and operators must detection requirement. and code of practice no longer exist.
have a SIR result at least once every In several cases, EPA is moving a code
30 days. Interstitial Monitoring of practice from one section of the final
• Meeting the 30-day monitoring The 2011 proposed UST regulation UST regulation to another. For example,
requirement included three methods of continuous EPA is moving Steel Tank Institute
Æ EPA received several comments interstitial monitoring—vacuum, Standard F841, Standard for Dual Wall
regarding the lack of timeliness pressure, and liquid-filled methods—in Underground Steel Storage Tanks from
associated with determining § 280.43(g). EPA proposed these § 280.43(g)—interstitial monitoring to
whether a leak exists when using methods in conjunction with the § 280.20(a)(2), which covers steel tanks.
SIR. In many instances, monitoring periodic secondary containment testing EPA thinks it makes more sense for this
results are not produced until the requirement. Based on comments, EPA to be included under the UST design
next monitoring period or well removed references to continuous and construction standards, rather than
beyond. These commenters also interstitial monitoring in this final UST as a release detection standard. EPA
provided several suggestions for regulation. Because continuous used similar rationale when relocating
EPA to address the lag time interstitial monitoring is not discussed other codes of practice in this final UST
between UST owners and operators in this final UST regulation, EPA does regulation.
collecting leak detection data and not include language pertaining to As in the preamble to the 1988 UST
receiving late reporting on the leak continuous vacuum, pressure, or liquid- regulation, this final UST regulation
status of the tank. EPA reiterates its filled methods of interstitial monitoring does not require use of a specific
established regulatory requirement in § 280.43(g). This does not impact version or edition of any code. The
that tanks must be monitored for release detection methods allowed consensus codes are frequently revised
releases at least once every 30 days. under § 280.43(g). and updated. EPA recognizes that
Æ Commenters provided other requiring use of the most recent edition
options for how owners and 2. Updates to Codes of Practice Listed in
the UST Regulation of a code of practice would cause undue
operators can meet the release confusion in the regulated community.
detection requirement. One possible This final UST regulation updates the For example, owners and operators
option is for EPA to require owners codes of practice (also called standards install UST systems according to codes
and operators perform a SIR or recommended practices) listed in the
analysis every 15 days using the last 1988 UST regulation to reflect new 119 E2, Incorporated, memoranda and analyses
30 days of data. This option results codes, changes to code names, and new submitted under Contract EP–W–05–018, U.S.
in a more frequent analysis of the nationally recognized associations and Environmental Protection Agency. Underground
UST system’s leak status. EPA independent testing laboratories. The Analytical And Technical Support. These
agrees this option would allow 1988 UST regulation relied on codes of supporting materials are located in the docket EPA–
owners and operators to meet the practice developed by nationally HQ–UST–2011–0301.
of practice current at the time of spill, overfill, leak detection, and developed by a nationally recognized
installation, but may not have secondary containment equipment (RP association or independent testing
equipment in the ground that meets 1200), and in this final UST regulation laboratory and according to
codes that are current 10 years later. is including it in areas where testing or manufacturer’s instructions. For these
EPA concludes that the industry codes inspecting UST equipment is required. reasons, this final UST regulation
in effect at the date of publication of this EPA also reviewed and is including replaces tanks and piping with UST
final UST regulation are protective of PEI’s recommended practice for the system in § 280.20(d).
human health and the environment. inspection and maintenance of UST 3. Updates To Remove Old Upgrade and
Using future editions of codes instead of systems (RP 900) in the walkthrough Implementation Deadlines
editions now in effect is not required, inspections portion of this final UST
but is encouraged; updated codes will regulation. EPA is not including the This final UST regulation removes
probably provide for newer, more Canadian code for installing fiber references to the 1998 deadline and old
effective technologies and practices. reinforced plastic linings (ULC/ORD– phase in schedules, while continuing to
Using past codes, which have been C58.4–05), because this final UST allow testing of corrosion protection and
replaced by new editions prior to the regulation no longer allows owners and release detection. These changes
effective date of this final UST operators to install internal linings to acknowledge that the 1998 deadline for
regulation, is not allowed because some meet the corrosion protection upgrade. upgrading UST systems with release
past recommended industry practices Owners may continue using internal prevention and the 1990s release
may not represent current codes of linings for other reasons such as detection and financial responsibility
practice or may not adequately cover the compatibility or secondary containment; deadlines passed more than a decade
regulatory requirement. but EPA determined there are no ago. In addition, as of 2010
Consistent with the preamble to the appropriate areas in this final UST implementing agencies have inspected
1988 UST regulation, this final UST regulation to list lining codes of practice all regulated UST systems at least once
regulation interprets the term nationally for those purposes. Also, EPA is not for compliance with release detection,
recognized organization to mean a including PEI’s recommended practice release prevention, and financial
technical or professional organization for the inspection and maintenance of responsibility requirements.
EPA will no longer allow owners and
that has issued standards formed by the motor fuel dispensing equipment (RP
operators to upgrade UST systems if
consensus of its members. The 500), because it is a standard for
they never met the 1998 upgrade
organization should consider all inspecting motor fuel dispensing
requirements, unless the implementing
relevant viewpoints and interests, equipment and Subtitle I of the SWDA
agency determines the UST system is
including those of consumers and future does not give EPA the authority to acceptable to upgrade. Owners and
or existing potential industry regulate aboveground equipment such operators must permanently close non-
participants. The resulting standards as motor fuel dispensing equipment. upgraded UST systems according to the
should be widely accepted and based on Finally, EPA is not including STI’s closure requirements in subpart G. Non-
a broad range of technical information, storage tank maintenance standard (R– upgraded UST systems are older and
and performance criteria should be 111) as an option for periodic have been in the ground for more than
central elements of the resulting walkthrough inspections because the two decades. In addition, metal USTs
standards. EPA regards the following content of the 2011 version of this code and piping without corrosion protection
organizations, whose codes of practice of practice only focused on water and pose a significant risk to human health
are listed in this final UST regulation, contaminants in the tank along with and the environment, because
as examples of nationally recognized compatibility. Except for a monthly unprotected metal in contact with soil
organizations: inspection checklist, this code of corrodes. EPA is allowing implementing
American Petroleum Institute (API) practice does not describe how to agencies to make case-by-case
American Society for Testing and conduct a periodic walkthrough determinations on when to allow
Materials (ASTM) inspection. If STI changes this code of upgrades. EPA does not expect
Fiberglass Tank and Pipe Institute practice, implementing agencies may implementing agencies to allow
(FTPI) determine whether the newer version is continued use of tanks or piping not
National Association of Corrosion adequate for meeting the periodic upgraded with corrosion protection.
Engineers (NACE) walkthrough inspection requirement in However, some implementing agencies
National Fire Protection Association this final UST regulation. may decide to allow owners and
(NFPA) In the 2011 proposed UST regulation, operators of UST systems with corrosion
National Leak Prevention Association EPA asked for input on whether the protection, but without spill or overfill
(NLPA) requirement to follow codes of practice prevention, to add spill or overfill
Petroleum Equipment Institute (PEI) and manufacturer’s instructions under prevention instead of requiring
Steel Tank Institute (STI) the installation requirements in permanent closure.
Underwriters Laboratory (UL) § 280.20(d) should apply to just tanks EPA will continue to allow UST
EPA received broad support for and piping (as stated in the 1988 UST systems with field-constructed tanks
updating the codes of practice listed regulation) or apply to the UST system and airport hydrant systems to be
in the final UST regulation. Several as a whole. Both the 1988 UST upgraded with spill, overfill, and
commenters pointed out errors to regulation and this final UST regulation corrosion protection under subpart K of
titles or designations in the 2011 define UST system as the underground the UST regulation. See section C–2 for
proposed UST regulation. This final storage tank, connected underground additional information on upgrading
UST regulation corrects these errors. piping, underground ancillary these UST systems.
EPA received comments on the 2011 equipment, and containment system, if To meet the release detection
proposed UST regulation asking that we any. Commenters strongly supported requirement, § 280.41 of the 1988 UST
add or remove several codes of practice. requiring installation of the UST system, regulation allowed owners and
EPA reviewed PEI’s recommended rather than just tanks and piping, operators of USTs not upgraded with
practice for testing and verification of according to a code of practice corrosion protection to use a
combination of monthly inventory incorporate a revision in section 9001 of testing and inspections for spill
control with annual tank tightness the Solid Waste Disposal Act. prevention equipment and overfill
testing until December 22, 1998. Since • This final UST regulation adds a prevention equipment in subpart C:
owners and operators no longer have the technical amendment to § 280.43(b), Spill prevention equipment testing (see
option to use inventory control and which codifies longstanding Agency section B–2); overfill prevention
annual tightness testing, EPA is policy adding additional flexibility for equipment inspections (see section B–
removing this option from this final using manual tank gauging. This change 3); or spill prevention equipment checks
UST regulation. updates UST capacity allowances and described in walkthrough inspections
In response to comments received, testing durations when using manual (see section B–1). Spill and overfill
EPA is removing the definition of tank gauging. Since 1990, EPA allowed testing or inspections are not required
petroleum marketing firm from subpart these deviations from the 1988 UST for UST systems in temporary closure
H of this final UST regulation. EPA only regulation through policy and included because those systems are not receiving
used the term petroleum marketing firm them in outreach publications. deliveries of regulated substances.
in the compliance dates section as it • The 2011 proposed UST regulation Finally, as a conforming amendment,
related to when these firms needed to removed the requirement for inventory this final UST regulation adds subpart K
meet the financial responsibility control for the automatic tank gauging to the release detection citation because
requirements. Since the compliance release detection method in § 280.43(d) new release detection requirements for
dates for conventional UST systems because some interpreted the language field-constructed tanks and airport
have passed more than a decade ago, the as requiring both inventory control and hydrant systems are included in that
term no longer needs to be defined. automatic tank gauging. However, EPA subpart.
agrees with commenters who indicated • This final UST regulation amends
4. Editorial Corrections and Technical the language is necessary to ensure the definition of the term accidental
Amendments automatic tank gauging equipment release in § 280.92 so it matches the
This final UST regulation includes meets inventory control performance definition described in the preamble to
editorial corrections and technical standards in § 280.43(a). More the 1988 UST regulation for the
specifically, EPA is keeping the financial responsibility requirements
amendments to the 1988 UST
regulatory language to ensure owners (53 FR 43334). EPA intended the
regulation. Editorial corrections include:
and operators continue to measure for definition in the preamble to be
Correcting misspellings; capitalizing
water as described in the inventory included in the 1988 UST regulation,
words; removing unused acronyms;
control requirement. This final UST but failed to include the concept of
using conventional number formatting;
regulation departs from the proposal releases as a result of operating the UST.
and appropriately referring to parts,
and retains language established in the Through this amendment, EPA is
subparts, sections, and paragraphs. In
1988 UST regulation that automatic tank clarifying that owners and operators are
addition, this final UST regulation adds
gauging equipment also must meet the required to have financial responsibility
technical amendments, which include
inventory control requirements. This for releases arising from operating USTs
updating the final UST regulation to final UST regulation does not require
incorporate statutory changes that (including releases due to filling USTs
owners and operators to perform and releases occurring at dispensers).
occurred since the 1988 UST regulation inventory control in addition to • § 280.94(a)(1)—EPA proposed to
was promulgated and clarifying automatic tank gauging. include the local government option
longstanding Agency interpretations • This final UST regulation expressly citations in this section. However, those
and policies. EPA is making the states which new operation and options are not included in this final
following technical amendments in this maintenance requirements owners and UST regulation because they are already
final UST regulation: operators do not have to meet for UST included in § 280.94(a)(2).
• § 280.10(c)(4)—EPA is revising the systems in temporary closure. Owners • § 280.97(b)(1) and (2)—EPA added
Nuclear Regulatory Commission citation and operators of temporarily closed UST the local government options as part of
to be consistent with the Spill systems that are empty do not have to the reference since those options are
Prevention Control and perform the following periodic release also viable financial responsibility
Countermeasures requirements in 40 detection operation and maintenance mechanisms.
CFR part 112. This final UST regulation testing and inspections in subparts C • To make the local government bond
partially excludes emergency generator and D: 30 day release detection checks, rating test consistent with the
systems at nuclear power generation annual sump checks, and annual hand- requirements of the financial test in
facilities licensed by the Nuclear held release detection checks described § 280.94, this final UST regulation adds
Regulatory Commission that are subject in the walkthrough inspection section a new subsection to § 280.104.
to Nuclear Regulatory Commission (see section • To ensure the definition of UST
requirements regarding design and B–1); testing of containment sumps used technical standards in subpart I, Lender
quality criteria, including but not for interstitial monitoring described in Liability, includes all of the preventative
limited to 10 CFR part 50. EPA the secondary containment testing and operating requirements in this final
originally proposed only deleting section (see section B–4); and testing of UST regulation, EPA revised the
appendix A from the regulatory citation. release detection equipment described definition to include subparts J and K as
However, EPA agrees with commenters in the release detection equipment part of the preventative and operating
that using language consistent with the testing section (see section B–5). These requirements under 40 CFR part 280.
Spill Prevention Control and requirements are unnecessary as long as • To add clarity about the statement
Countermeasures requirements in 40 the temporarily closed UST system is for shipping tickets and invoices in
CFR part 112 provides clarity and empty because release detection is not appendix III, this final UST regulation
consistency for owners and operators of required in the first place. In addition, revises the appendix.
emergency generator UST systems at owners and operators of any UST • Finally, the final UST regulation
nuclear power generation facilities. system in temporary closure are not revises sections that use the terms
• § 280.12—EPA is revising exclusion required to conduct the following operating life or properly closed to be
(ii) of the definition of UST to periodic operation and maintenance permanently closed or when a change-
in-service occurs; this amendment will Option), EPA considered and evaluated required in all three). As a result,
clearly indicate when the regulated variations of a subset of the regulatory regulatory changes discussed earlier in
operating life of an UST system ends. requirements using two alternative the preamble, but not listed here, mean
This final UST regulation does not options (hereafter Option 1 and Option those changes are in effect in all three
define an operating life or proper 2). The table below highlights options. Overall, Options 1 and 2
closure. Rather, it describes permanent differences between the Selected Option consist of regulatory changes that are
closure and change-in-service. and Options 1 and 2. Some of the more and less stringent, respectively,
F. Alternative Options EPA Considered regulatory requirements do not vary than those of the Selected Option.
across the options (for example,
In developing this final UST
regulation (hereafter the Selected notification of ownership changes is
COMPARISON OF SELECTED OPTION AND OPTIONS 1 AND 2

Options
Regulatory requirement
Selected 1 2
Walkthrough inspections ................................................. 30 days .............................. 30 days (per 2011 pro- Quarterly.
posed UST regulation) *.
Overfill prevention equipment inspections ...................... 3 years ............................... Annual ............................... Not required.
Spill prevention equipment tests ..................................... 3 years ............................... Annual ............................... 3 years.
Containment sump tests .................................................. 3 years ............................... Annual ............................... Not required.
Elimination of flow restrictors in vent lines for all new Required ............................ Required ............................ No change from 1988 UST
tanks and when overfill devices are replaced. regulation.
Operability checks for release detection equipment ....... Annual (plus annual check Annual (per 2011 proposed Annual (plus annual check
of sumps). UST regulation) *. of sumps).
Groundwater and vapor monitoring for release detection Continue to allow with site 5-year phase out (per 2011 No change from 1988 UST
assessment. proposed UST regula- regulation.
tion) *.
Remove release detection deferral for emergency gen- Required ............................ Required (per 2011 pro- Required.
erator tanks. posed UST regulation) *.
Requirements for demonstrating compatibility for fuels Required ............................ Required (per 2011 pro- No change from 1988 UST
containing >E10 and >B20. posed UST regulation) *. regulation.
Remove deferrals for airport hydrant fuel distribution Regulate under alternative Require airport hydrant Maintain deferral.
systems and UST systems with field-constructed release detection re- systems and field-con-
tanks. quirements. structed tanks notify im-
plementing agency and
report releases (with no
other new requirements).
* In the 2011 proposed UST regulation, these regulatory changes generally consisted of more or stricter requirements than what is in the final
UST regulation. For example, the 30-day walkthrough inspections in the 2011 proposed UST regulation included monthly check of sumps.
Please see the 2011 proposed UST regulation for details.
Below we explain Options 1 and 2, as containment sump testing. After on an annual basis instead of every 30
well as our rationale for each. (Note that reviewing comments, considering the days. See section B–5 for details
EPA conducted a regulatory impact benefits of establishing one consistent regarding release detection equipment
analysis for all three options. The implementation time frame across as testing.
results are discussed in the RIA many regulatory requirements as EPA also considered maintaining the
document titled Assessment of the possible, as well as assessing the cost of 2011 proposed option of a five year
Potential Costs, Benefits, and Other requiring annual tests and inspections, phase out of groundwater and vapor
Impacts of the Final Revisions to EPA’s EPA is requiring owners and operators monitoring as permissible release
Underground Storage Tank Regulations, inspect overfill prevention equipment detection methods. Based on concerns
which is available in the docket for this and test spill prevention equipment and from states where groundwater and
action.) containment sumps once every three vapor monitoring are used frequently by
years. This balances the benefits of owners and operators, EPA is retaining
EPA’s Rationale for Option 1 groundwater and vapor monitoring as
ensuring properly functioning
EPA considered keeping walkthrough long as owners and operators
equipment with the potential
inspections as described in the 2011 demonstrate proper installation and
administrative burden and costs
proposed UST regulation. However, performance through a site assessment
imposed on owners and operators.
based on concerns from commenters that must be maintained as long as the
regarding the proposed walkthrough When considering operability checks methods are used. See section D–6 for
inspection requirements, EPA decided for release detection equipment, EPA details regarding groundwater and vapor
to revise the components of the examined the possibility of keeping the monitoring.
walkthrough inspection. See section B– operability checks as described in the EPA also considered maintaining its
1 for details regarding this final UST 2011 proposed UST regulation. 2011 proposed requirements for release
regulation on walkthrough inspections. However, based on comments, EPA detection of emergency generator tanks
EPA also considered requiring annual decided to revise some components of and for demonstrating compatibility.
inspections of overfill prevention the operability checks. This resulted in However, as discussed in earlier
equipment, annual spill prevention allowing owners and operators to sections (C–1 for emergency generator
equipment tests, and annual perform some release detection checks tanks and D–4 for compatibility), EPA is
revising these requirements in response EPA also considered not requiring compatible with these fuels. Therefore,
to comments. For emergency generator overfill prevention equipment EPA is requiring owners and operators
tanks, we are revising the inspections and containment sump demonstrate compatibility of certain
implementation time frame for testing. However, as explained in UST system components when storing
consistency with other implementation sections B–3, Overfill Prevention ethanol blends greater than 10 percent
dates. For compatibility, EPA is Equipment Inspections and B–4, and biodiesel blends greater than 20
removing the recordkeeping Secondary Containment Tests, tank percent. Owners and operators can
requirement for new installations to overfills and containment sump areas demonstrate compatibility of required
make it easier for owners and operators account for a significant amount of components by using one of the three
to be in compliance. EPA is also adding releases from UST systems. As a result, options described in this final UST
a list of equipment that must EPA is requiring overfill prevention regulation. See section D–4 for details
demonstrate compatibility with storing equipment inspections and containment regarding compatibility.
ethanol blends greater than 10 percent sump testing (for containment sumps Finally, EPA considered maintaining
or biodiesel blends greater than 20 used for interstitial monitoring) once deferrals for airport hydrant systems
percent, or any other regulated every three years. Overfill prevention and field-constructed tanks. However,
substance identified by the equipment inspections will ensure as explained above, after weighing the
implementing agency. This will help overfill prevention equipment is availability of release detection options
owners and operators understand which operating properly. Similarly, for these systems, the applicability of
UST equipment must be demonstrated containment sump testing will ensure the other requirements in this final UST
to be compatible. that containment sumps used for regulation, and the potential human
Lastly, EPA considered requiring interstitial monitoring will be liquid health and environmental impact of
owners and operators of airport tight. releases from these systems, EPA is fully
hydrants systems and field-constructed To reduce total compliance costs of regulating these systems. See C–2 for
tanks submit a one-time notice of this final UST regulation for owners and EPA’s rationale for regulating airport
existence in addition to reporting operators, EPA considered allowing hydrant systems and field-constructed
confirmed releases to the implementing continued use of flow restrictors in vent tanks.
agency. Owners and operators of these lines (that is, ball float valves) as an
systems would not be subject to any acceptable form of overfill prevention V. Updates to State Program Approval
additional regulatory requirements equipment. After considering public Requirements
under Option 1. After weighing the comments, EPA maintains its position EPA is making changes to the 1988
availability of release detection options that vent line flow restrictors present SPA regulation (40 CFR part 281) to
for these systems, the applicability of problems for operability and safety make it consistent with certain Energy
other requirements in this final UST reasons. As described in section D–1, Policy Act requirements and certain
regulation, and the potential human EPA is eliminating ball float valves as revisions to the 1988 UST regulation (40
health and environmental impact of an overfill prevention equipment option CFR part 280). Commenters generally
releases from these systems, EPA is fully for all new tanks and when overfill supported EPA changing portions of the
regulating these systems. See C–2 for prevention equipment is replaced in 1988 SPA regulation and making it
EPA’s rationale for regulating airport existing tanks. consistent with revisions to the 1988
hydrant systems and field-constructed EPA considered maintaining the
UST regulation. Commenters supported
tanks. existing requirements for groundwater
EPA keeping the general format of the
and vapor monitoring, in particular
EPA’s Rationale for Option 2 1988 SPA regulation and not making the
retaining the two as permissible release
In comparing costs with benefits of final SPA regulation as explicit or
detection methods with no changes to
the final regulatory changes, EPA prescriptive as this final UST regulation.
the 1988 UST regulation. However,
weighed different frequencies for EPA is making these substantive
given the numerous concerns that have
walkthrough inspections and periodic changes to the 1988 SPA regulation.
arisen over the years regarding these
equipment inspections or tests. EPA two release detection methods, such as • § 281.12(b)—adding definitional
assessed quarterly walkthrough misapplications and improper designs exceptions for several Energy Policy
inspections, and not requiring overfill of monitoring wells, EPA is retaining Act definitions
prevention equipment inspections and these two release detection methods • §§ 281.30(a), 281.33(c)(2), and
containment sump testing as ways to only if owners and operators 281.33(d)(3)—require secondary
reduce potential cost impacts on owners demonstrate proper installation and containment for new or replaced
and operators. Compared to the 30-day performance through a site assessment. tanks and piping and under-dispenser
requirement, quarterly walkthrough See section D–6 for details regarding containment for new motor fuel
inspections would reduce costs to groundwater and vapor monitoring. dispenser systems for UST systems
owners and operators. However, EPA EPA also considered only retaining located within 1,000 feet of a potable
thinks a period less frequent than 30 the current requirement for owners and drinking water well or community
days for walkthrough inspections would operators to use UST systems made of water system, unless a state requires
considerably reduce benefits. High or lined with materials that are manufacturer and installer financial
operator turnover and the frequency of compatible with the substance stored in responsibility according to section
deliveries both contribute to the need the UST system. However, EPA 9003(i)(2) of the Solid Waste Disposal
for 30-day walkthrough inspections. understands that the chemical and Act
With that in mind, today EPA is physical properties of ethanol and • §§ 281.30(a)(1) and 281.33(d)(3)—
requiring 30-day walkthrough biodiesel can be more degrading to exclude safe suction piping, airport
inspections so owners and operators can certain UST materials than petroleum hydrant system piping, and field-
consistently and routinely verify proper alone. As the use of ethanol- and constructed tank piping from being
spill prevention and release detection biodiesel-blended fuels increases, EPA required to meet the secondary
performance. This will ensure problems is concerned that not all UST system containment and interstitial
are detected before a release occurs. equipment or components are monitoring requirements
• § 281.30(b)—eliminate flow restrictors responsibility for USTs containing with, but not identical to, the 40 CFR
for new or replaced overfill hazardous substances part 280 changes. Instead, EPA is
prevention • Move § 281.39 to § 281.38—Lender making changes to the 1988 SPA
• § 281.30(c)—add notification for Liability regulation in a less prescriptive manner
ownership changes • §§ 281.50(e) and 281.51(c)(1)—clarify than the changes to 40 CFR part 280.
• §§ 281.31 and 281.33(b)—delete how to provide public notice to attract Since 1988, this approach has proven a
upgrading requirements and eliminate statewide attention successful way to implement the UST
phase-in schedule; add phase-in • § 281.51, formerly § 281.52—add program and provide environmental
schedule for airport hydrant fuel requirement for approved states to protection.
distribution systems and UST systems submit a revised application within The 1988 SPA regulation developed
with field-constructed tanks three years of 40 CFR part 281 no less stringent criteria in the form of
• § 281.32(c)—add requirement for changes that require a program objectives.120 EPA is continuing this
states to include provisions for revision format so that, taken as a whole, state
demonstrating compatibility with new • § 281.61—move § 281.60(b) to programs will be no less stringent than
and innovative regulated substances § 281.61(b)(2) the federal requirements, even though
or other regulated substances state programs may deviate slightly from
Background Information what is explicitly required in 40 CFR
identified by implementing agencies
or include other provisions The 1988 SPA regulation in 40 CFR part 280. For example, § 281.30 covers
determined by the implementing part 281 sets criteria state UST programs the no less stringent requirement for
agency to be no less protective of must meet to receive EPA’s approval to new UST system design, construction,
human health and the environment operate in lieu of the federal UST and installation; it corresponds to
than the provisions for demonstrating program. The 1988 SPA regulation sets § 280.20 of this final UST regulation, but
compatibility performance criteria states must meet to is much less explicit about
• §§ 281.32(e) and (f) and 281.33(a)(3)— be considered no less stringent than the requirements.
add periodic testing or inspection of federal UST regulation (hereafter 40 According to § 281.30 and in order to
spill and overfill prevention CFR part 280) and provides receive SPA, a state must require all
equipment, containment sumps used requirements for states to have adequate new UST systems ‘‘. . . [b]e designed,
for interstitial monitoring of piping, enforcement. It also details the constructed, and installed in a manner
and mechanical and electronic release components of a SPA application. that will prevent releases for their
detection components; and operation EPA is changing the 1988 SPA operating life due to manufacturing
and maintenance walkthrough regulation and making it consistent with defects, structural failure, or corrosion
inspections, as well as maintaining this final UST regulation. By doing so, . . .’’. In contrast, § 280.20 is much
associated records EPA will require states to adopt more explicit about how tank owners
• § 281.33(c)—limit use of monthly requirements similar to the final UST and operators ensure their tanks and
inventory control in combination with regulation, in order to obtain or retain piping prevent releases. It states what is
tank tightness testing conducted every SPA. Commenters supported required to prevent releases and
five years for the first ten years after maintaining the general format of the provides codes of practice to comply.
the tank is installed or upgraded, if 1988 SPA regulation and EPA is keeping Although § 281.30 is less explicit, it
the tank was installed prior to a state that general format. We are not making nonetheless ensures owners and
receiving SPA this final SPA regulation as explicit or operators in approved states install UST
• § 281.33(e)—require hazardous prescriptive as this final UST regulation. systems that prevent releases and
substance USTs to only use secondary Finally, EPA is making technical provides states flexibility in achieving
containment with interstitial corrections and adding a deadline for that goal.
monitoring states to apply for revised state program Goal Oriented Changes
• § 281.34(a)(1)—add interstitial space approval.
EPA is making goal oriented changes
may have been compromised to Addressing Energy Policy Act to subpart C—Criteria for No Less
suspected releases Requirements and 40 CFR Part 280 Stringent. By the term goal oriented
• § 281.37—eliminate phase-in Changes changes, EPA means changes in which
requirement for financial states have some flexibility as to how
responsibility How SPA Works
they meet the goals of particular
• § 281.39—require operator training This final UST regulation primarily sections of the final SPA regulation.
according to § 9010 of the Solid Waste impacts the 1988 SPA regulation in 40 These changes reflect certain 40 CFR
Disposal Act CFR part 281, subpart C—Criteria for No part 280 changes.
• § 281.41(a)(4)—add authority to
prohibit deliveries
Less Stringent. As of 2014, 40 states, • § 281.30(c)—add notification for
including the District of Columbia and ownership changes
EPA is making these technical Puerto Rico, have state program • §§ 281.31 and 281.33(b)—add a phase-
changes to the SPA regulation. approval and state UST requirements in schedule for upgrading previously
• § 281.10—change subpart to part apply in lieu of the federal deferred airport hydrant fuel
• §§ 281.11(c), 281.20(d), 281.21(a)(2), requirements. To ensure these distribution systems and UST systems
281.23, 281.50(a), and formerly jurisdictions and any other states or with field-constructed tanks
§ 281.51—eliminate interim approval territories obtaining SPA adopt these 40 • § 281.32(c)—add requirement for
• § 281.12(a)(2)—change Indian lands to CFR part 280 changes, EPA must update states to include provisions for
Indian country the 1988 SPA regulations in 40 CFR part demonstrating compatibility with new
• Formerly § 281.32(e)—eliminate 281, subpart C—Criteria for No Less and innovative regulated substances
requirement to maintain upgrade Stringent. To continue providing states or other regulated substances
records with flexibility and not disrupt current identified by implementing agencies
• Formerly § 281.38—eliminate state programs, EPA is revising the 1988
reserved section for financial SPA regulation to make it consistent 120 53 FR 37216, September 23, 1988.
or include other provisions effective date of this final SPA sufficiently ensure properly functioning
determined by the implementing regulation, the three year requirement non-releasing UST systems. EPA is
agency to be no less protective of does not apply. In the past, EPA updating § 281.32(g) by adding these
human health and the environment experienced issues with requiring states activities to the recordkeeping
than the provisions for demonstrating to have a particular requirement by a requirements of SPA.
compatibility certain date in order to receive SPA.
Energy Policy Act Changes
• §§ 281.32(e) and (f) and 281.33(a)(3)— States applying for SPA after a deadline
add periodic testing or inspection of passed often had difficulty In this final SPA regulation, EPA is
spill and overfill prevention implementing or obtaining a retroactive addressing Energy Policy Act
equipment, containment sumps used requirement. EPA understands that requirements more generally than in
for interstitial monitoring of piping, states may have given owners and this final UST regulation; however, the
and mechanical and electronic release operators of UST systems previously Energy Policy Act requirements are
detection components; and operation deferred by EPA different time periods slightly different than the goal oriented
and maintenance walkthrough than three years to initially meet their approach discussed above. The Energy
inspections, as well as maintaining requirements. Policy Act amends the Solid Waste
associated records In § 281.32(c), EPA is adding a Disposal Act and requires states, which
requirement for states to include receive federal Subtitle I money, to
The ownership change notification in
provisions for demonstrating adopt operator training requirements,
§ 280.22 requires anyone who assumes delivery prohibition, and additional
compatibility with new and innovative
ownership of an UST system to notify measures to protect groundwater from
regulated substances or other regulated
the implementing agency within 30 contamination. In the additional
substances identified by implementing
days of assuming ownership and measures to protect groundwater
agencies or include other provisions
specifies what notification must provision, states must require either
determined by the implementing agency
include. However, the SPA regulation secondary containment and interstitial
to be no less protective of human health
change in § 281.30(c) is much less monitoring for new or replaced tanks
and the environment than the
prescriptive and indicates that states and piping within 1,000 feet of a potable
provisions for demonstrating
require owners and operators to ‘‘. . . drinking water well or community water
compatibility. EPA is concerned about
notify the implementing state agency system, or manufacturer and installer
the compatibility of new and innovative
within a reasonable time frame when fuels with the existing UST system financial responsibility and installer
assuming ownership of an UST system.’’ infrastructure. We added to § 280.32 certification. The secondary
This provides states some flexibility in methods for demonstrating containment requirement includes
complying, including allowing them to compatibility of UST systems with under-dispenser containment on any
continue relying on an annual tank certain ethanol and biodiesel blends in new motor fuel dispenser system within
registration program to meet this response to this concern. State UST 1,000 feet of a potable drinking water
requirement. This is a reasonable way to implementing agencies also need to well or community water system.
ensure states know who owns USTs in ensure owners and operators only store EPA developed guidelines for states to
their jurisdictions. EPA does not have regulated substances compatible with implement the Energy Policy Act
an annual UST registration program, so their UST systems. Requiring states requirements; many states implemented
we specify a time frame in § 280.22 have provisions in place for storing new the Energy Policy Act requirements
because we want to know who owns and innovative regulated substances in according to these guidelines. In order
tanks in jurisdictions where we are the order to receive SPA ensures states are to impose similar requirements in
implementing agency. taking appropriate steps to ensure Indian country and in states that do not
EPA is requiring that previously compatibility of the UST system with a adopt Energy Policy Act requirements,
deferred airport hydrant fuel rapidly expanding spectrum of EPA is adding secondary containment
distribution systems and UST systems traditional and new and innovative and operator training to these 40 CFR
with field-constructed tanks meet fuels. part 280 requirements. However, it is
specific upgrade requirements in This final UST regulation adds not EPA’s intent to supersede programs
subpart K. This is one way that states various UST operation and maintenance states developed to meet Energy Policy
can achieve compliance with § 281.31, requirements. In 40 CFR part 280, EPA Act requirements.
which requires states ensure tanks are is requiring specific frequencies and Several commenters had concerns
upgraded to prevent releases due to procedures for testing or inspecting spill about the Energy Policy Act provisions.
corrosion, spills, and overfills or be and overfill prevention equipment, Seven commenters wanted to ensure
permanently closed. EPA concludes testing containment sumps used for states only have to meet Energy Policy
these more general requirements are interstitial monitoring of piping, testing Act grant guidelines and do not have to
sufficient for a state program to protect release detection equipment, and change their regulations to mirror the 40
human health and the environment conducting operation and maintenance CFR part 280 requirements in order to
because they require UST systems to walkthrough inspections. According to obtain SPA. These commenters were
‘‘. . . prevent releases for their § 281.32, states must require these tests also concerned that EPA requirements
operating life. . . .’’ EPA thinks it is or inspections in a manner and for secondary containment and operator
also adequate to upgrade previously frequency that ensures proper training could be considered more
deferred systems to this standard. functionality of equipment, includes stringent than state requirements that
Additionally, EPA is requiring airport proper operation and maintenance of met the grant guidelines. EPA agrees
hydrant systems, field-constructed the UST system, and prevents releases that requiring states to alter newly
tanks, and emergency generator tanks be for the life of the equipment and UST implemented provisions could cause
upgraded within three years of the system. EPA thinks this approach unnecessary work for states and UST
effective date of the state requirements. allows states that implement these owners. Therefore, this final SPA
For states which did not defer these requirements despite different regulation explicitly addresses the
systems or already had their frequencies or manners, to receive SPA, secondary containment, manufacturer
requirements in place before the as long as their requirements and installer financial responsibility
and installer certification, delivery required to meet the secondary §§ 281.31 and 281.33(b), EPA is
prohibition, and operator training containment and interstitial removing the option for UST upgrades,
requirements that appear in the Energy monitoring requirements except for USTs deferred in the 1988
Policy Act. EPA agrees that it is not • § 281.30(b)—eliminate flow restrictors UST regulation. In § 281.37, we are
necessary for states already meeting for new or replaced overfill eliminating the financial responsibility
these Energy Policy Act requirements to prevention phase-in schedule. Please note EPA is
change their programs in order to • § 281.31—delete upgrading allowing states to implement UST
receive or retain SPA. EPA was unable requirements requirements, such as upgrades and
to incorporate a similar requirement in • § 281.33(c)—limit use of monthly operation and maintenance, after the
40 CFR part 280, so states will need to inventory control in combination with deadlines in 40 CFR part 280. EPA is
obtain SPA in order to ensure there is tank tightness testing conducted every taking this action because experience
no difference between state and federal five years for the first ten years after has shown that some states had
requirements with respect to Energy the tank is installed or upgraded, if difficulties implementing a retroactive
Policy Act requirements. the tank was installed prior to a state requirement when applying for SPA
EPA is adding definitional exceptions receiving SPA after a federal deadline has passed.
in § 281.12(b). This final SPA regulation • § 281.33(e)—require hazardous In § 281.33(c), EPA is allowing
allows states to use definitions substance USTs to only use secondary monthly inventory control in
associated with tank and piping containment with interstitial combination with tank tightness testing
secondary containment and operator monitoring conducted every five years as a release
training that are different than those in • § 281.34(a)(1)—add ‘‘. . . interstitial detection method for the first ten years
40 CFR part 280 as long as those space may have been compromised after a tank is installed or upgraded,
definitions are consistent with . . .’’ to suspected releases only if a tank was installed prior to a
definitions described in sections 9003 • § 281.37—eliminate phase-in state receiving SPA for the 1988 UST
and 9010 of the Solid Waste Disposal requirement for financial regulation. This reflects a change in 40
Act. This change provides states with responsibility CFR part 280 and avoids another
additional flexibility in defining key problem in the 1988 SPA regulation.
terms. In §§ 281.30(a)(1) and 281.33(d)(3)
EPA is not requiring safe suction piping, First, EPA is eliminating this method for
EPA is adding additional measures to
airport hydrant system piping, and new installations. Second, EPA is tying
protect groundwater and is adding
piping associated with field-constructed the date for eliminating this method to
operator training requirements in
tanks greater than 50,000 gallons in the effective date of a state’s regulations.
subpart C (§§ 281.22(d)(3), 281.30(a),
capacity to meet the secondary EPA concludes it is better to tie
281.33(c)(2), and 281.39). Delivery
containment and interstitial monitoring deadlines in the final SPA regulation to
prohibition is in subpart D—Adequate
Enforcement of Compliance requirements. Suction piping that meets the effective date of states’ regulations,
(§ 281.40(a)). Because delivery the requirements of § 281.33(d)(2)(ii) has rather than dictate specific dates for all
prohibition is an enforcement option, characteristics that ensure little, if any, states. In the 2011 proposed SPA
EPA is requiring states have authority to regulated substances will be released if regulation, we tied the deadlines to the
prohibit deliveries according to the a break occurs in the line. For additional date a state submitted its SPA
Energy Policy Act and EPA’s grant information see section A–2, Secondary application or revised application.
guidelines, rather than make this a no Containment. EPA is not requiring However, in this final SPA regulation,
less stringent requirement. secondary containment for piping we realize tying the deadlines to the
EPA is not adding delivery associated with field-constructed tanks effective date of a state’s regulations is
prohibition to 40 CFR part 280 because greater than 50,000 gallons in capacity clearer for state regulators as well as
delivery prohibition is primarily an and airport hydrant system piping due owners and operators.
enforcement option for implementing to sloping and corrosion concerns. For Several commenters were concerned
agencies; it is not a requirement for additional information, see section C–2, with how release detection
owners and operators. Because the Airport Hydrant Fuel Distribution requirements were expressed in 40 CFR
Energy Policy Act gives EPA clear Systems and UST Systems with Field- part 281. One commenter was
delivery prohibition enforcement Constructed Tanks. concerned that the term monthly in
authority, we do not need to add In § 281.30(b), EPA is requiring states, § 281.33(c)(1) is not as stringent as the
delivery prohibition to this final UST which receive SPA, not allow 40 CFR part 280 requirement of
regulation. However, the only way to installation of flow restrictors completing release detection every 30
ensure states have that same authority is (commonly referred to as ball floats) in days. This commenter wanted EPA to
to require states implement delivery vent lines for overfill prevention for amend the 40 CFR part 281 language so
prohibition as a prerequisite for SPA, as new installations or when flow it matches the 30 day wording in 40
required in § 281.40(a). restrictors need to be replaced. The CFR part 280. EPA is maintaining the
existing goal of § 281.30(b) is for states term monthly in 40 CFR part 281. EPA
Specific Changes agrees there is variation between the 30
to require that UST systems have
EPA is making the changes listed equipment to prevent spills and day time frame in 40 CFR part 280 and
below to subpart C—Criteria for No Less overfills. In this final UST regulation, monthly in 40 CFR part 281. For states
Stringent to reflect changes made in 40 EPA maintains the overall goal to receiving SPA, the difference should
CFR part 280. These changes ensure prevent spills and overfills; however, result in a variation of only a few days,
states adopt the changes made in 40 owners and operators can no longer and therefore need not be changed. It is
CFR part 280 and are able to receive install ball floats to achieve that goal. EPA’s position that release detection
SPA. The deadlines for upgrades and for monitoring should be conducted on a
• §§ 281.30(a)(1) and 281.33(d)(3)— owners and operators to obtain financial consistent and frequently occurring
exclude safe suction piping, airport responsibility have passed. As a result, basis. EPA chose the 30 day period in
hydrant system piping, and field- EPA is deleting the 1988 UST regulation 40 CFR part 280 to represent an average
constructed tank piping from being deadlines in the final SPA regulation. In calendar month.
In this final SPA regulation, EPA is regulation changes in a reasonable time. Indian country instead of Indian lands
requiring states, which wish to receive EPA’s language in § 281.51 is intended for years. We are now incorporating this
SPA, no longer allow installation of only to require a state program revision term in this final SPA regulation; this
non-secondarily contained hazardous within three years if EPA makes changes does not alter the meaning. EPA is
substance UST systems. This is that necessitate state program changes. removing the reserved financial
consistent with EPA’s change in For instance, these changes to subpart responsibility for USTs containing
§ 280.42(e); an equivalent and specific C—Criteria for No Less Stringent will hazardous substances section (formerly
change in the final SPA regulation is the require state program revision. § 281.38); moving the lender liability
only way to ensure states adopt it. For Commenters disagreed on the section from § 281.39 to § 281.38; and
consistency with changes in this final appropriate time frame for states to including the new operator training
UST regulation and to ensure states submit their SPA applications. Some section in § 281.39. Because operator
wishing to receive SPA adopt this said three years was appropriate, while training needs to be in subpart C, which
change, in § 281.34(a)(1), EPA is adding others preferred a different time frame. has no section numbers available, this
‘‘. . . interstitial space may have been EPA maintains that three years is eliminates the need to renumber subpart
compromised . . .’’ to suspected release adequate for most states to re-apply for D. Also, the reserved financial
conditions. SPA. One commenter expressed concern responsibility for hazardous substances
One commenter expressed concern about what will happen to a state’s SPA section is unnecessary since there is no
with the release detection language in status if it does not re-apply within the corresponding requirement in 40 CFR
§ 280.41(b)(2)(ii), which indicates EPA required time frame. While most states part 280.
intends to exempt from release will be able to meet the three-year EPA is deleting the interim SPA
detection requirements suction piping deadline for program revision, EPA is approval language in §§ 281.11(c) and
that meets the condition of paragraphs aware that some states may need 281.51. In more than 20 years of the
(b)(1)(ii)(A) through (E). However additional time. EPA will work with UST program, no state applied for
§ 281.33(d)(3) indicates that in order to states which have not revised their interim approval; it is more beneficial to
be considered no less stringent, states programs within three years. EPA will receive full approval all at once, rather
must require new or replaced piping use ask those states to demonstrate their than in steps. Also, because 40 states,
interstitial monitoring with secondary level of effort, show progress to date, including the District of Columbia and
containment. EPA agrees with the and provide dates when they will Puerto Rico, have SPA as of 2014, EPA
commenter that we need to modify achieve major milestones for revising thinks interim SPA approval is
§ 281.33(d)(3) to incorporate the their programs and submitting revised unnecessary at this time.
concepts of § 280.41(b)(2)(ii). In the final applications. EPA will consider these EPA is eliminating the requirement to
SPA regulation, EPA is modifying factors before initiating state program maintain upgrade records for the
§ 281.33(d)(3) to indicate that the approval withdrawal. One commenter operational life of an UST facility. This
requirement is applicable to all was concerned about the cost to states requirement in § 281.32(e) of the 1988
pressurized piping and suction piping of revising and reapplying for SPA. It is SPA regulation does not exist in 40 CFR
that does not meet standards in important for states to reapply for SPA part 280. In addition, except for airport
§ 281.33(d)(2)(ii). to ensure they make appropriate hydrant systems and field-constructed
One commenter said that it may be tanks, EPA is no longer allowing
changes to their programs.
very difficult to achieve compliance upgrades.
with release detection requirements for Additional Changes to SPA Regulation EPA is clarifying how to provide
emergency power generator USTs EPA is making these additional public notice to attract statewide
within one year. This commenter changes; they are not a direct result of attention in §§ 281.50(e) and
suggested that EPA reword these 40 CFR part 280 changes. Rather, 281.51(c)(1). In today’s digital age, it is
§ 281.33(b)(3) to give owners at least the majority are corrections to the 1988 unnecessary to require publication in a
three years from the effective date of the SPA regulation. state’s newspapers. Each state can
final SPA regulation. EPA agrees with determine the most appropriate
the commenter and is extending the • § 281.10—change subpart to part
methods for public notice and statewide
date of compliance for this requirement • §§ 281.11(c), 281.20(d), 281.21(a)(2),
attention.
to three years as we are in this final UST 281.23, and formerly § 281.51— EPA is also moving § 281.60(b) to
regulation; this approach corresponds eliminate interim approval § 281.61(b). This paragraph explains the
• § 281.12(a)(2)—change Indian lands to procedure EPA will follow to withdraw
with EPA’s goal of aligning dates of
Indian country approval after the conclusion of the
compliance to the extent possible.
• § 281.32(e)—eliminate requirement to
proceeding to withdraw approval. EPA
Addressing SPA Revision Process maintain upgrade records
thinks this paragraph is better suited for
EPA is adding a requirement for • Formerly § 281.38—eliminate
§ 281.61, which explains the procedures
approved states to submit a revised reserved section for financial
for withdrawing approval, as opposed to
application within three years of final responsibility for USTs containing
§ 281.60, which explains the criteria for
SPA regulation changes that require a hazardous substances
withdrawal.
program revision under § 281.51. • Move § 281.39 to § 281.38—Lender
Approved states are required to revise Liability VI. Overview of Estimated Costs and
their programs and submit revised • §§ 281.50(e) and 281.51(c)(1)—clarify Benefits
applications whenever the federal how to provide public notice to attract EPA prepared an analysis of the
program changes or EPA’s statewide attention potential incremental costs and benefits
Administrator requests a revised • § 281.61—move § 281.60(b) to associated with this final UST
application based on changes to a state’s § 281.61(b)(2) regulation. This analysis is contained in
program. Given these significant The 1988 SPA regulation incorrectly the regulatory impact analysis
changes, EPA thinks it is necessary to uses the term subpart in § 280.10 and, document titled Assessment of the
develop a time frame which will ensure therefore, EPA is correctly changing this Potential Costs, Benefits, and Other
approved states meet final SPA to part. EPA has been using the term Impacts of the Final Revisions to EPA’s
Underground Storage Tank Regulations, recordkeeping by using 21st century is defined at 5 CFR 1320.3(b). The total
which is available in the docket for this technology tools.121 universe of respondents for this ICR is
action. The RIA estimated regulatory comprised of 211,154 facilities and 56
B. Paperwork Reduction Act
implementation and compliance costs, states and territories. Burden is defined
as well as benefits for the three The information collection at 5 CFR 1320.3(b).
regulatory options described in section requirements (ICR) in this rule will be An agency may not conduct or
IV, subsection F. In the RIA, EPA submitted for approval to the Office of sponsor, and a person is not required to
estimated regulatory compliance costs Management and Budget (OMB) under respond to, a collection of information
on an annualized basis for the three the Paperwork Reduction Act, 44 U.S.C. unless it displays a currently valid OMB
options: $160 million (Selected Option), 3501 et seq. The information collection control number. The OMB control
$290 million (Option 1), and $70 requirements are not enforceable until numbers for EPA’s regulations are listed
million (Option 2). Separately, the OMB approves them. in 40 CFR part 9. When this ICR is
analysis assessed the potential benefits The proposed rule ICR was submitted approved by OMB, the agency will
to OMB on 11/18/2011 under OMB publish a technical amendment to 40
of the final UST regulation. As
number 2050–0068, ICR number CFR part 9 in the Federal Register to
discussed in the RIA, a substantial
1360.11. On 1/30/2012 OMB released a display the OMB control number for the
portion of the beneficial impacts
Notice of Action of comment filed on approved information collection
associated with the final UST regulation requirements contained in this final
are avoided cleanup costs as a result of proposed rule and continue. They also
issued this comment: ‘‘Terms of the rule.
preventing releases and reducing the
previous clearance remain in effect. C. Regulatory Flexibility Act
severity of releases. This action is
OMB is withholding approval at this
expected to have annual cost savings The Regulatory Flexibility Act
time. Prior to publication of the final
related to avoided costs of $310 million generally requires an agency to prepare
rule, the agency should provide a
(range: $120–$530 million) per year a regulatory flexibility analysis of any
summary of any comments related to
under the Selected Option, $450 million the information collection and their regulation subject to notice and
(range: $210–$670 million) per year response, including any changes made comment rulemaking requirements
under Option 1, and $230 million to the ICR as a result of comments. In under the Administrative Procedure Act
(range: $45–$420 million) per year addition, the agency must enter the or any other statute, unless the agency
under Option 2. Due to data and correct burden estimates. This action certifies that the regulation will not
resource constraints, EPA was unable to has no effect on any current approvals.’’ have a significant economic impact on
quantify some of the final UST The final rule ICR will be submitted to a substantial number of small entities.
regulation’s benefits, including Small entities include small businesses,
OMB under a new ICR OMB control
avoidance of human health risks, small organizations, and small
number.
ecological benefits, and mitigation of governmental jurisdictions.
This action contains mandatory For purposes of assessing the impacts
acute exposure events and large-scale information collection requirements.
releases, such as those from airport of this final UST regulation on small
The labor burden and associated costs entities, a small entity is defined as: (1)
hydrant systems and field-constructed for these requirements are estimated in
tanks. EPA was also unable to place a A small business as defined by the
the ICR supporting statement for this Small Business Administration’s
monetary value on the groundwater final action. The supporting statement regulations at 13 CFR 121.201; (2) a
protected by the final UST regulation, identifies and estimates the burden for small governmental jurisdiction that is a
but estimates that this final UST each of the changes to the regulation government of a city, county, town,
regulation could potentially protect 50 that include recordkeeping or reporting school district, or special district with a
billion to 240 billion gallons of requirements. Changes include: adding population of less than 50,000; and (3)
groundwater each year. secondary containment requirements for a small organization that is any not-for-
new and replaced tanks and piping; profit enterprise which is independently
VII. Statutory and Executive Orders
adding operator training requirements; owned and operated and is not
A. Executive Order 12866: Regulatory adding periodic operation and dominant in its field.
Planning and Review and Executive maintenance requirements for UST After considering the economic
Order 13563: Improving Regulation and systems; regulating certain UST systems impacts of this final rule on small
Regulatory Review deferred in the 1988 UST regulation; entities, I certify that this action will not
adding new release prevention and have a significant economic impact on
Under section 3(f)(1) of Executive detection technologies; and updating a substantial number of small entities.
Order (EO) 12866 (58 FR 51735, October state program approval requirements to The small entities directly regulated by
4, 1993), this action is an economically incorporate these new changes. this final rule are small businesses and
significant regulatory action because it Based on the same data and cost small governmental jurisdictions. We
is likely to have an annual effect on the calculations applied in the RIA for this have determined that less than 1 percent
economy of $100 million or more. action, but using the burden estimations of potentially affected small firms in the
Accordingly, EPA submitted this action for ICRs, the ICR supporting statement retail motor fuel sector (NAICS 447) will
to the Office of Management and Budget estimates an average annual labor hour experience an impact over 1 percent of
(OMB) for review under EO 12866 and burden of 344,000 hours and $12 revenues, but less than 3 percent of
EO 13563 (76 FR 3821, January 21, million for the final UST regulation. revenues. No small firms have impacts
2011) and any changes made in One time capital and hourly costs are above 3 percent of revenues. In
response to OMB recommendations are included in these estimates based on a addition, we estimate that no small
documented in the docket for this three year annualization period. Burden governmental jurisdictions will be
action. Also, as part of EO 13563, EPA impacted at 1 percent or 3 percent of
121 Executive Order 13563, Improving Regulation
encourages owners and operators to revenues. This certification is based on
and Regulatory Review, Section 3, http://
maintain records electronically which www.gpo.gov/fdsys/pkg/FR-2011-01-21/pdf/2011- the small entities analysis contained in
simplifies compliance and 1385.pdf. the RIA for this final rule.
Although this final rule will not have and tribal governments will incur necessary to pay the direct compliance
a significant economic impact on a aggregate costs of over $100 million per costs incurred by tribal governments, or
substantial number of small entities, year. EPA consults with tribal officials early
EPA nonetheless sought to reduce the Consistent with section 205, EPA in the process of developing the
impact of this rule on small entities. identified and considered a reasonable proposed regulation and develops a
EPA conducted extensive outreach to number of regulatory alternatives. This tribal summary impact statement.
determine how to change the 1988 UST final UST regulation identifies the EPA has concluded that this action
regulation. EPA worked with regulatory options EPA considered. The will have tribal implications to the
representatives of owners and operators RIA estimates the annual cost across the extent that tribally-owned entities with
and reached out specifically to small three considered options may range UST systems in Indian country will be
businesses. In addition, EPA limited between $70 million and $290 million. affected. However, it will neither
changes that would have required major Section 205 of the UMRA requires impose substantial direct compliance
retrofits to UST systems, since this federal agencies to select the least costly costs on tribal governments, nor
would place a high financial burden on or most cost-effective regulatory preempt tribal law. EPA estimated total
small businesses. Finally, EPA provided alternative unless EPA publishes with annualized costs for tribally-owned UST
numerous options for compliance in the final regulation an explanation of systems in Indian country to be $0.67
order to provide as much flexibility as why such alternative was not adopted. million.
possible for small entities. EPA also As discussed earlier in the preamble, EPA consulted with tribal officials
aligned compliance dates to facilitate EPA considered and evaluated early in the process of developing this
owner and operator compliance. variations of a subset of the regulatory regulation to permit them to have
requirements using two alternative meaningful and timely input to its
D. Unfunded Mandates Reform Act development. EPA consulted with tribes
options (Options 1 and 2). Despite
Title II of the Unfunded Mandates Option 2’s lower costs, EPA chose the on possible changes to the UST
Reform Act of 1995 (UMRA), 2 U.S.C. Selected Option because it provides for regulation shortly after the passage of
1531–1538, requires federal agencies, greater protection of human health and the Energy Policy Act of 2005. The
unless otherwise prohibited by law, to the environment and better addresses Energy Policy Act directed EPA to
assess the effects of their regulatory stakeholder concerns. coordinate with tribes in developing
actions on state, local, and tribal This rule is not subject to the and implementing an UST program
governments and the private sector. requirements of section 203 of UMRA strategy in Indian country which would
This rule contains a federal mandate because it contains no regulatory supplement the existing approach. EPA
that may result in expenditures of $100 requirements that might significantly or and tribes worked collaboratively to
million or more for state, local, and uniquely affect small governments. develop a tribal strategy.
tribal governments, in the aggregate, or There are certain key provisions of the
the private sector in any one year. E. Executive Order 13132: Federalism Energy Policy Act that apply to states
Accordingly, EPA prepared under This action does not have federalism receiving federal Subtitle I money, but
section 202 of the UMRA a written implications. It will not have substantial do not apply in Indian country.
statement which is summarized below. direct effects on states, the relationship Nonetheless, EPA’s goal in this final
As estimated in the RIA, on an between the federal government and UST regulation is to establish in Indian
annualized basis, the total estimated states, or the distribution of power and country federal requirements similar to
regulatory compliance costs for the responsibilities among various levels of the Energy Policy Act provisions; this is
three options in this final action are government, as specified in EO 13132. an important step in achieving more
$160 million (Selected Option), $290 Under this final action, total costs to all consistent program results in release
million (Option 1), and $70 million affected states and local governments prevention. Both EPA and tribes
(Option 2). Of this amount, annualized (including direct compliance costs, recognize the importance of ensuring
costs to state and local governments notification costs, and state program parity in program implementation
total $6.8 million under the Selected costs) are approximately $9 million. between states and in Indian country.
Option, $14 million under Option 1, This is not considered to be a In addition to early consultation with
and $3.6 million under Option 2. These substantial compliance cost under tribes, EPA also reached out to tribes as
costs consist of estimated regulatory federalism requirements. Thus, we started the official rulemaking
compliance costs for state and local Executive Order 13132 does not apply process and while developing the 2011
governments that currently own or to this action. proposed UST regulation. EPA sent
operate UST systems and annualized In the spirit of Executive Order 13132, letters to leaders of over 500 tribes, as
costs of $120,000 for states to and consistent with EPA policy to well as to tribal regulatory staff, inviting
implement the final UST regulation. promote communications between EPA their participation in developing the
EPA estimates total annualized costs to and State and local governments, EPA 2011 proposed UST regulation. EPA
owners and operators of tribally-owned specifically solicited comment on the also held conference calls for tribes to
UST systems are $0.67 million under proposed action from State and local provide input. EPA heard from both
the Selected Option. The estimated officials. tribal officials who work as regulators as
annualized cost to the private sector is well as representatives of owners and
approximately $130 million under the F. Executive Order 13175: Consultation operators of UST systems in Indian
Selected Option, $270 million under and Coordination With Indian Tribal country. The tribal regulators raised
Option 1, and $67 million under Option Governments concerns about ensuring parity of
2. While this final UST regulation may Subject to Executive Order 13175 (65 environmental protection between states
result in expenditures of $100 million or FR 67249, November 9, 2000) EPA may and Indian country.
more for the private sector, thereby not issue a regulation that has tribal EPA determined that this final UST
triggering section 202 of the UMRA, this implications, that imposes substantial regulation is needed to ensure parity
final UST regulation is not subject to the direct compliance costs, and that is not between UST systems in states and in
requirements of section 204 of UMRA required by statute, unless the Federal Indian country. This final UST
because EPA does not think state, local, government provides the money regulation is also needed to ensure
equipment is both installed and working similar pattern and will not create with higher prices is at a competitive
properly, which will protect the significant adverse impacts on disadvantage; and
environment from potential releases. children’s health. • Retail motor fuel stations often have
As required by section 7(a), EPA’s The screening level population associated stores or services, such as car
Tribal Consultation Official certified analysis performed to examine EO washes, repair operations, and
that the requirements of the Executive 12898 shows that children under 18 convenience outlets, on which they can
Order have been met in a meaningful years and children under 5 years of age more successfully pass through
and timely manner. EPA included a are slightly less likely to be found in the increases in compliance costs.
copy of the certification in the docket vicinity of UST facilities. This suggests Furthermore, when considered in the
for this action. that the impacts of this action will not context of total fuel consumption in the
have a disproportionate impact on United States, this final UST regulation
G. Executive Order 13045: Protection of will represent only a very small fraction
children’s health. Moreover, because all
Children From Environmental Health of motor fuel prices, even if fully passed
regulatory options in this action will
Risks and Safety Risks through to consumers. According to the
increase regulatory stringency and
This action is not subject to EO 13045 reduce the number and size of releases, Bureau of Transportation Statistics, the
(62 FR 19885, April 23, 1997) because EPA does not expect this action to have United States consumed approximately
the Agency does not think the any disproportionate adverse impact on 169 billion gallons of motor fuel
environmental health risks or safety children. (including gasoline and diesel) in 2011
risks addressed by this action present a at an average price of $3.73.123 This
disproportionate risk to children. EPA’s H. Executive Order 13211: Actions implies that consumers spent $629
risk assessment for this action examines Concerning Regulations that billion in 2012 on motor fuel. The
potential impacts to groundwater and Significantly Affect Energy Supply, overall cost of the final UST regulation
subsequent chemical transport, Distribution, or Use is approximately $160 million, less than
exposure, and risk. While the risk This action is not a significant energy 0.1 percent of the amount spent by end
assessment did not specifically measure action as defined in Executive Order users on motor fuel in 2012. In
exposure to children, the general 13211 (66 FR 28355, May 22, 2001), comparison, an increase of 1 cent in the
exposure scenarios reflect four exposure because it is not likely to have a average price of motor fuel in 2012
pathways that have the most significant significant adverse effect on the supply, would have increased the total cost to
potential for human health impacts. distribution, or use of energy. The consumers by approximately $1.7
They are: following summarizes EPA’s assessment billion. Given these circumstances, this
• Ingestion of chemicals in of the energy impacts this final UST final UST regulation should not
groundwater that have migrated from regulation will have on energy supply, measurably impact retail motor fuel
the source area to residential drinking distribution, and use. prices. As a result, EPA does not expect
water wells; This final UST regulation consists of this final UST regulation to have a
• Inhalation of volatile chemicals additional regulatory requirements that significant adverse impact on energy
when showering with contaminated apply to the owners and operators of prices or use.
groundwater; underground storage tanks. To the
• Dermal contact with chemicals extent that the final UST regulation I. National Technology Transfer and
while bathing or showering with affects the motor fuel sector, it does so Advancement Act
contaminated groundwater; and at the retail motor fuel sales level, rather Section 12(d) of the National
• Inhalation of vapors that may than the level of refineries or Technology Transfer and Advancement
migrate upward from contaminated distributors, who supply the retail Act of 1995 (NTTAA), Public Law 104–
groundwater into overlying buildings. stations with motor fuel. Therefore, we 113 (15 U.S.C. 272 note) directs EPA to
Adults and children can potentially do not expect this final UST regulation use voluntary consensus standards in its
be exposed through all four exposure to have a significant adverse impact on regulatory activities unless to do so
pathways considered. For adults, energy supply or distribution. would be inconsistent with applicable
inhalation of vapors while showering is The additional regulatory law or otherwise impractical. Voluntary
the most significant exposure pathway; requirements contained in this final consensus standards are technical
for children, ingestion is the most UST regulation may increase
significant pathway, because they are compliance costs for owners and 123 2011 is the latest year data available from
assumed to take baths and are, therefore, operators of retail motor fuel stations. If Bureau of Transportation Statistics for gallons of
motor fuel consumed, as reported by: U.S.
not exposed via shower vapor owners and operators of retail motor Department of Transportation, Research and
inhalation. As a result of the longer fuel stations affected by the final UST Innovative Technology Administration, Bureau of
exposure from showering, adults are regulation can pass through their Transportation Statistics. Accessed at: http://
more sensitive receptors for cancer www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/
increased compliance costs, energy use publications/national_transportation_statistics/
effects compared to children, may be affected via higher energy prices html/table_04_09.html. The 2012 prices per gallon
particularly those under age 5 who are caused by the final UST regulation. for all grades of retail motor gasoline and No. 2
assumed to take more baths and fewer However, we do not expect a significant diesel fuel (all concentrations of sulfur) were $3.63
showers.122 and $3.97, respectively, as reported by: U.S. Energy
change in retail gasoline prices to result Information Administration. Short-Term Energy
While the screening level risk from this final UST regulation for the Outlook—Real and Nominal Energy Prices for 2012.
assessment is limited in that it only following reasons: Accessed at: http://www.eia.gov/forecasts/steo/
examines benzene impacts, the final • Economic analyses of retail fuel realprices/. We weight these prices according to
UST regulation will likely reduce other prime supplier sales volumes in 2012 published by
prices revealed that demand for gasoline
the Energy Information Administration, which

contaminant exposures to children in a is highly sensitive to price (elastic) summed to 347,234.5 thousands of gallons per day
within localized geographic areas—as a for gasoline and 143,270.6 thousands of gallons per
122 United States Department of Health and day for all grades of diesel fuel (U.S. Energy
result, if one motor fuel retailer in an
Human Services, Public Health Service, Agency for Information Administration. Petroleum & Other
Toxic Substances and Disease Registry,
area passes through increases in Liquids. Prime Supplier Sales Volumes. Accessed
Toxicological Profile For Polycyclic Aromatic compliance costs by increasing gasoline at: http://www.eia.gov/dnav/pet/
Hydrocarbons, August 1995. prices, while another does not, the one pet_cons_prim_dcu_nus_a.htm.
standards (e.g., materials specifications, be located near UST facilities. An PART 280—TECHNICAL STANDARDS
test methods, sampling procedures, and environmental justice analysis would AND CORRECTIVE ACTION
business practices) that are developed or then require an assessment of whether REQUIREMENTS FOR OWNERS AND
adopted by voluntary consensus there would be disproportionate and OPERATORS OF UNDERGROUND
standards bodies. NTTAA directs EPA adverse impacts on these populations. STORAGE TANKS (UST)
to provide Congress, through OMB, However, because all regulatory options
explanations when EPA decides not to considered in this final UST regulation Subpart A—Program Scope and Installation
use available and applicable voluntary Requirements for Partially Excluded UST
would increase regulatory stringency Systems
consensus standards. and reduce the number and size of
This action uses technical standards. Sec.
releases, EPA does not anticipate the
EPA has decided to use voluntary 280.10 Applicability.
final UST regulation will have any 280.11 Installation requirements for
consensus standards, called codes of disproportionately high and adverse
practice, described in section E–2. partially excluded UST systems.
human health or environmental effects 280.12 Definitions.
These codes of practice meet the on these minority or low-income
objectives of this action by establishing Subpart B—UST Systems: Design,
communities or any community.
criteria for the design, construction, and Construction, Installation and Notification
maintenance of underground storage K. Congressional Review Act 280.20 Performance standards for new UST
tanks. systems.
The Congressional Review Act, 5 280.21 Upgrading of existing UST systems.
J. Executive Order 12898: Federal U.S.C. 801 et seq., as added by the Small 280.22 Notification requirements.
Actions to Address Environmental Business Regulatory Enforcement
Justice in Minority Populations and Fairness Act of 1996, generally provides Subpart C—General Operating
Low-Income Populations Requirements
that before a rule may take effect, the
Executive Order 12898 (59 FR 7629, agency promulgating the rule must 280.30 Spill and overfill control.
Feb. 16, 1994) establishes federal submit a rule report, which includes a 280.31 Operation and maintenance of
executive policy on environmental corrosion protection.
copy of the rule, to each House of the
280.32 Compatibility.
justice. Its main provision directs Congress and to the Comptroller General 280.33 Repairs allowed.
federal agencies, to the greatest extent of the United States. EPA will submit a 280.34 Reporting and recordkeeping.
practicable and permitted by law, to report containing this rule and other 280.35 Periodic testing of spill prevention
make environmental justice part of their required information to the U.S. Senate, equipment and containment sumps used
mission by identifying and addressing, the U.S. House of Representatives, and for interstitial monitoring of piping and
as appropriate, disproportionately high the Comptroller General of the United periodic inspection of overfill prevention
and adverse human health or States prior to publication of the rule in equipment.
environmental effects of their programs, the Federal Register. A Major rule 280.36 Periodic operation and maintenance
policies, and activities on minority cannot take effect until 60 days after it walkthrough inspections.
populations and low-income is published in the Federal Register. Subpart D—Release Detection
populations in the United States. This action is a ‘‘major rule’’ as defined
EPA has determined that this action 280.40 General requirements for all UST
by 5 U.S.C. 804(2). This rule is effective systems.
will not have disproportionately high September 14, 2015. 280.41 Requirements for petroleum UST
and adverse human health or
systems.
environmental effects on minority or List of Subjects
280.42 Requirements for hazardous
low-income populations because it substance UST systems.
40 CFR Part 280
increases the level of environmental 280.43 Methods of release detection for
protection for all affected populations Environmental protection, tanks.
without having any disproportionately Administrative practice and procedures, 280.44 Methods of release detection for
high and adverse human health or Confidential business information, piping.
environmental effects on any Groundwater, Hazardous materials, 280.45 Release detection recordkeeping.
population, including any minority or Petroleum, Reporting and recordkeeping Subpart E—Release Reporting,
low-income population. requirements, Underground storage Investigation, and Confirmation
To inform us about the socioeconomic tanks, Water pollution control, Water 280.50 Reporting of suspected releases.
characteristics of communities supply. 280.51 Investigation due to off-site impacts.
potentially affected by this final UST 280.52 Release investigation and
regulation, EPA conducted a screening 40 CFR Part 281 confirmation steps.
analysis under the 2011 proposed UST 280.53 Reporting and cleanup of spills and
regulation to examine whether there is Environmental protection,
overfills.
a statistically significant disparity Administrative practice and procedures,
Hazardous substances, Petroleum, State Subpart F—Release Response and
between socioeconomic characteristics
program approval, Underground storage Corrective Action for UST Systems
of populations located near UST Containing Petroleum or Hazardous
facilities and those that are not.124 As tanks.
Substances
discussed in the RIA, the results Dated: June 19, 2015. 280.60 General.
indicate that minority and low-income Gina McCarthy, 280.61 Initial response.
populations are slightly more likely to 280.62 Initial abatement measures and site
Administrator.
check.
124 Note that the affected populations identified
For the reasons set out in the 280.63 Initial site characterization.
in the screening analysis summarized here are 280.64 Free product removal.
simply defined by specific demographics preamble, parts 280 and 281 of title 40,
surrounding UST locations. These affected chapter I of the Code of Federal 280.65 Investigations for soil and
populations are not necessarily equivalent to Regulations are amended as follows: groundwater cleanup.
communities that others have specifically identified 280.66 Corrective action plan.
as environmental justice communities. ■ 1. Revise part 280 to read as follows: 280.67 Public participation.
Subpart G—Out-of-Service UST Systems 280.251 General requirements. (5) Any UST system that contains a de
and Closure 280.252 Additions, exceptions, and minimis concentration of regulated
280.70 Temporary closure. alternatives for UST systems with field- substances.
280.71 Permanent closure and changes-in- constructed tanks and airport hydrant (6) Any emergency spill or overflow
service. systems.
Appendix I to Part 280—Notification for
containment UST system that is
280.72 Assessing the site at closure or expeditiously emptied after use.
change-in-service. Underground Storage Tanks (Form)
Appendix II to Part 280—Notification of (c) Partial Exclusions. Subparts B, C,
280.73 Applicability to previously closed D, E, G, J, and K of this part do not apply
UST systems. Ownership Change for Underground
280.74 Closure records.
Storage Tanks (Form) to:
Appendix III to Part 280—Statement for (1) Wastewater treatment tank systems
Subpart H—Financial Responsibility Shipping Tickets and Invoices not covered under paragraph (b)(2) of
280.90 Applicability. Authority: 42 U.S.C. 6912, 6991, 6991(a), this section;
280.91 Compliance dates. 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), (2) Aboveground storage tanks
280.92 Definition of terms. 6991(g), 6991(h), 6991(i). associated with:
280.93 Amount and scope of required (i) Airport hydrant fuel distribution
financial responsibility. Subpart A—Program Scope and systems regulated under subpart K of
280.94 Allowable mechanisms and Installation Requirements for Partially this part; and
combinations of mechanisms. Excluded UST Systems (ii) UST systems with field-
280.95 Financial test of self-insurance. constructed tanks regulated under
280.96 Guarantee. § 280.10 Applicability.
subpart K of this part;
280.97 Insurance and risk retention group (a) The requirements of this part (3) Any UST systems containing
coverage. apply to all owners and operators of an
280.98 Surety bond.
radioactive material that are regulated
UST system as defined in § 280.12 under the Atomic Energy Act of 1954
280.99 Letter of credit.
280.100 Use of state-required mechanism.
except as otherwise provided in (42 U.S.C. 2011 and following); and
280.101 State fund or other state assurance. paragraphs (b) and (c) of this section. (4) Any UST system that is part of an
280.102 Trust fund. (1) Previously deferred UST systems. emergency generator system at nuclear
280.103 Standby trust fund. Airport hydrant fuel distribution power generation facilities licensed by
280.104 Local government bond rating test. systems, UST systems with field- the Nuclear Regulatory Commission and
280.105 Local government financial test. constructed tanks, and UST systems that subject to Nuclear Regulatory
280.106 Local government guarantee. store fuel solely for use by emergency Commission requirements regarding
280.107 Local government fund. power generators must meet the design and quality criteria, including
280.108 Substitution of financial assurance requirements of this part as follows: but not limited to 10 CFR part 50.
mechanisms by owner or operator. (i) Airport hydrant fuel distribution
280.109 Cancellation or nonrenewal by a systems and UST systems with field- § 280.11 Installation requirements for
provider of financial assurance. partially excluded UST systems.
constructed tanks must meet the
280.110 Reporting by owner or operator.
requirements in subpart K of this part. (a) Owners and operators must install
280.111 Recordkeeping.
280.112 Drawing on financial assurance (ii) UST systems that store fuel solely an UST system listed in § 280.10(c)(1),
mechanisms. for use by emergency power generators (3), or (4) storing regulated substances
280.113 Release from the requirements. installed on or before October 13, 2015 (whether of single or double wall
280.114 Bankruptcy or other incapacity of must meet the subpart D requirements construction) that meets the following
owner or operator or provider of on or before October 13, 2018. requirements:
financial assurance. (iii) UST systems that store fuel solely (1) Will prevent releases due to
280.115 Replenishment of guarantees, for use by emergency power generators corrosion or structural failure for the
letters of credit, or surety bonds. installed after October 13, 2015 must operational life of the UST system;
280.116 Suspension of enforcement. meet all applicable requirements of this (2) Is cathodically protected against
[Reserved] corrosion, constructed of non-corrodible
part at installation.
Subpart I—Lender Liability (2) Any UST system listed in material, steel clad with a non-
280.200 Definitions. paragraph (c) of this section must meet corrodible material, or designed in a
280.210 Participation in management. the requirements of § 280.11. manner to prevent the release or
280.220 Ownership of an underground (b) Exclusions. The following UST threatened release of any stored
storage tank or underground storage tank systems are excluded from the substance; and
system or facility or property on which requirements of this part: (3) Is constructed or lined with
an underground storage tank or (1) Any UST system holding material that is compatible with the
underground storage tank system is hazardous wastes listed or identified stored substance.
located. under Subtitle C of the Solid Waste (b) Notwithstanding paragraph (a) of
280.230 Operating an underground storage
Disposal Act, or a mixture of such this section, an UST system without
tank or underground storage tank system.
hazardous waste and other regulated corrosion protection may be installed at
Subpart J—Operator Training substances. a site that is determined by a corrosion
280.240 General requirement for all UST (2) Any wastewater treatment tank expert not to be corrosive enough to
systems. system that is part of a wastewater cause it to have a release due to
280.241 Designation of Class A, B, and C treatment facility regulated under corrosion during its operating life.
operators. Section 402 or 307(b) of the Clean Water Owners and operators must maintain
280.242 Requirements for operator training. Act. records that demonstrate compliance
280.243 Timing of operator training. (3) Equipment or machinery that
with the requirements of this paragraph

280.244 Retraining. contains regulated substances for
280.245 Documentation. for the remaining life of the tank.
operational purposes such as hydraulic Note to paragraphs (a) and (b). The
Subpart K—UST Systems with Field- lift tanks and electrical equipment following codes of practice may be used as
Constructed Tanks and Airport Hydrant tanks. guidance for complying with this section:
Fuel Distribution Systems (4) Any UST system whose capacity is (A) NACE International Standard Practice
280.250 Definitions. 110 gallons or less. SP 0285, ‘‘External Corrosion Control of
Underground Storage Tank Systems by Compensation, and Liability Act of engage in the practice of corrosion
Cathodic Protection’’; 1980, as amended. control on buried or submerged metal
(B) NACE International Standard Practice Class A operator means the individual piping systems and metal tanks. Such a
SP 0169, ‘‘Control of External Corrosion on who has primary responsibility to person must be accredited or certified as
Underground or Submerged Metallic Piping operate and maintain the UST system in
Systems’’;
being qualified by the National
(C) American Petroleum Institute
accordance with applicable Association of Corrosion Engineers or be
Recommended Practice 1632, ‘‘Cathodic requirements established by the a registered professional engineer who
Protection of Underground Petroleum Storage implementing agency. The Class A has certification or licensing that
Tanks and Piping Systems’’; or operator typically manages resources includes education and experience in
(D) Steel Tank Institute Recommended and personnel, such as establishing corrosion control of buried or
Practice R892, ‘‘Recommended Practice for work assignments, to achieve and submerged metal piping systems and
Corrosion Protection of Underground Piping maintain compliance with regulatory metal tanks.
Networks Associated with Liquid Storage requirements. Dielectric material means a material
and Dispensing Systems’’. Class B operator means the individual that does not conduct direct electrical
who has day-to-day responsibility for current. Dielectric coatings are used to
§ 280.12 Definitions. implementing applicable regulatory electrically isolate UST systems from
Aboveground release means any requirements established by the the surrounding soils. Dielectric
release to the surface of the land or to implementing agency. The Class B bushings are used to electrically isolate
surface water. This includes, but is not operator typically implements in-field portions of the UST system (e.g., tank
limited to, releases from the aspects of operation, maintenance, and from piping).
aboveground portion of an UST system associated recordkeeping for the UST Dispenser means equipment located
and aboveground releases associated system. aboveground that dispenses regulated
with overfills and transfer operations as Class C operator means the individual substances from the UST system.
the regulated substance moves to or responsible for initially addressing Dispenser system means the dispenser
from an UST system. emergencies presented by a spill or and the equipment necessary to connect
Ancillary equipment means any release from an UST system. The Class the dispenser to the underground
devices including, but not limited to, C operator typically controls or storage tank system.
such devices as piping, fittings, flanges, monitors the dispensing or sale of Electrical equipment means
valves, and pumps used to distribute, regulated substances. underground equipment that contains
meter, or control the flow of regulated Compatible means the ability of two dielectric fluid that is necessary for the
substances to and from an UST. or more substances to maintain their operation of equipment such as
Belowground release means any respective physical and chemical transformers and buried electrical cable.
release to the subsurface of the land and properties upon contact with one Excavation zone means the volume
to groundwater. This includes, but is another for the design life of the tank containing the tank system and backfill
not limited to, releases from the system under conditions likely to be material bounded by the ground surface,
belowground portions of an encountered in the UST. walls, and floor of the pit and trenches
Connected piping means all into which the UST system is placed at
underground storage tank system and
underground piping including valves, the time of installation.
belowground releases associated with
elbows, joints, flanges, and flexible Existing tank system means a tank
overfills and transfer operations as the
connectors attached to a tank system system used to contain an accumulation
regulated substance moves to or from an
through which regulated substances of regulated substances or for which
underground storage tank.
flow. For the purpose of determining installation has commenced on or before
Beneath the surface of the ground how much piping is connected to any December 22, 1988. Installation is
means beneath the ground surface or individual UST system, the piping that considered to have commenced if:
otherwise covered with earthen joins two UST systems should be (1) The owner or operator has
materials. allocated equally between them. obtained all federal, state, and local
Cathodic protection is a technique to Consumptive use with respect to approvals or permits necessary to begin
prevent corrosion of a metal surface by heating oil means consumed on the physical construction of the site or
making that surface the cathode of an premises. installation of the tank system; and if,
electrochemical cell. For example, a Containment Sump means a liquid- (2)(i) Either a continuous on-site
tank system can be cathodically tight container that protects the physical construction or installation
protected through the application of environment by containing leaks and program has begun; or,
either galvanic anodes or impressed spills of regulated substances from (ii) The owner or operator has entered
current. piping, dispensers, pumps and related into contractual obligations—which
Cathodic protection tester means a components in the containment area. cannot be cancelled or modified without
person who can demonstrate an Containment sumps may be single substantial loss—for physical
understanding of the principles and walled or secondarily contained and construction at the site or installation of
measurements of all common types of located at the top of tank (tank top or the tank system to be completed within
cathodic protection systems as applied submersible turbine pump sump), a reasonable time.
to buried or submerged metal piping underneath the dispenser (under- Farm tank is a tank located on a tract
and tank systems. At a minimum, such dispenser containment sump), or at of land devoted to the production of
persons must have education and other points in the piping run crops or raising animals, including fish,
experience in soil resistivity, stray (transition or intermediate sump). and associated residences and
current, structure-to-soil potential, and Corrosion expert means a person who, improvements. A farm tank must be
component electrical isolation by reason of thorough knowledge of the located on the farm property. Farm
measurements of buried metal piping physical sciences and the principles of includes fish hatcheries, rangeland and
and tank systems. engineering and mathematics acquired nurseries with growing operations.
CERCLA means the Comprehensive by a professional education and related Flow-through process tank is a tank
Environmental Response, practical experience, is qualified to that forms an integral part of a
production process through which there Motor fuel means a complex blend of Regulated substance means:
is a steady, variable, recurring, or hydrocarbons typically used in the (1) Any substance defined in section
intermittent flow of materials during the operation of a motor engine, such as 101(14) of the Comprehensive
operation of the process. Flow-through motor gasoline, aviation gasoline, No. 1 Environmental Response, Compensation
process tanks do not include tanks used or No. 2 diesel fuel, or any blend and Liability Act (CERCLA) of 1980 (but
for the storage of materials prior to their containing one or more of these not including any substance regulated
introduction into the production substances (for example: motor gasoline as a hazardous waste under subtitle C);
process or for the storage of finished blended with alcohol). and
products or by-products from the New tank system means a tank system (2) Petroleum, including crude oil or
production process. that will be used to contain an any fraction thereof that is liquid at
Free product refers to a regulated accumulation of regulated substances standard conditions of temperature and
substance that is present as a and for which installation has pressure (60 degrees Fahrenheit and
nonaqueous phase liquid (e.g., liquid commenced after December 22, 1988. 14.7 pounds per square inch absolute).
not dissolved in water). (See also Existing Tank System.) The term regulated substance includes
Gathering lines means any pipeline, Noncommercial purposes with but is not limited to petroleum and
equipment, facility, or building used in respect to motor fuel means not for petroleum-based substances comprised
the transportation of oil or gas during oil resale. of a complex blend of hydrocarbons,
or gas production or gathering On the premises where stored with such as motor fuels, jet fuels, distillate
operations. respect to heating oil means UST fuel oils, residual fuel oils, lubricants,
Hazardous substance UST system systems located on the same property petroleum solvents, and used oils.
means an underground storage tank where the stored heating oil is used. Release means any spilling, leaking,
system that contains a hazardous Operational life refers to the period emitting, discharging, escaping,
substance defined in section 101(14) of beginning when installation of the tank leaching or disposing from an UST into
the Comprehensive Environmental system has commenced until the time groundwater, surface water or
Response, Compensation and Liability the tank system is properly closed under subsurface soils.
Act of 1980 (but not including any subpart G. Release detection means determining
substance regulated as a hazardous Operator means any person in control whether a release of a regulated
waste under subtitle C) or any mixture of, or having responsibility for, the daily substance has occurred from the UST
of such substances and petroleum, and operation of the UST system. system into the environment or a leak
which is not a petroleum UST system. Overfill release is a release that occurs has occurred into the interstitial space
Heating oil means petroleum that is when a tank is filled beyond its between the UST system and its
No. 1, No. 2, No. 4—light, No. 4—heavy, capacity, resulting in a discharge of the secondary barrier or secondary
No. 5—light, No. 5—heavy, and No. 6 regulated substance to the environment. containment around it.
technical grades of fuel oil; other Owner means: Repair means to restore to proper
residual fuel oils (including Navy (1) In the case of an UST system in operating condition a tank, pipe, spill
Special Fuel Oil and Bunker C); and use on November 8, 1984, or brought prevention equipment, overfill
other fuels when used as substitutes for into use after that date, any person who prevention equipment, corrosion
one of these fuel oils. Heating oil is owns an UST system used for storage, protection equipment, release detection
typically used in the operation of use, or dispensing of regulated equipment or other UST system
heating equipment, boilers, or furnaces. substances; and component that has caused a release of
Hydraulic lift tank means a tank (2) In the case of any UST system in product from the UST system or has
holding hydraulic fluid for a closed- use before November 8, 1984, but no failed to function properly.
loop mechanical system that uses longer in use on that date, any person Replaced means:
compressed air or hydraulic fluid to who owned such UST immediately (1) For a tank—to remove a tank and
operate lifts, elevators, and other similar before the discontinuation of its use. install another tank.
devices. Person means an individual, trust, (2) For piping—to remove 50 percent
Implementing agency means EPA, or, firm, joint stock company, federal or more of piping and install other
in the case of a state with a program agency, corporation, state, municipality, piping, excluding connectors, connected
approved under section 9004 (or commission, political subdivision of a to a single tank. For tanks with multiple
pursuant to a memorandum of state, or any interstate body. Person also piping runs, this definition applies
agreement with EPA), the designated includes a consortium, a joint venture, independently to each piping run.
state or local agency responsible for a commercial entity, and the United Residential tank is a tank located on
carrying out an approved UST program. States Government. property used primarily for dwelling
Liquid trap means sumps, well Petroleum UST system means an purposes.
cellars, and other traps used in underground storage tank system that SARA means the Superfund
association with oil and gas production, contains petroleum or a mixture of Amendments and Reauthorization Act
gathering, and extraction operations petroleum with de minimis quantities of of 1986.
(including gas production plants), for other regulated substances. Such Secondary containment or
the purpose of collecting oil, water, and systems include those containing motor Secondarily contained means a release
other liquids. These liquid traps may fuels, jet fuels, distillate fuel oils, prevention and release detection system
temporarily collect liquids for residual fuel oils, lubricants, petroleum for a tank or piping. This system has an
subsequent disposition or reinjection solvents, and used oils. inner and outer barrier with an
into a production or pipeline stream, or Pipe or Piping means a hollow interstitial space that is monitored for
may collect and separate liquids from a cylinder or tubular conduit that is leaks. This term includes containment
gas stream. constructed of non-earthen materials. sumps when used for interstitial
Maintenance means the normal Pipeline facilities (including gathering monitoring of piping.
operational upkeep to prevent an lines) are new and existing pipe rights- Septic tank is a water-tight covered
underground storage tank system from of-way and any associated equipment, receptacle designed to receive or
releasing product. facilities, or buildings. process, through liquid separation or
biological digestion, the sewage (2) Tank used for storing heating oil or replaced after April 11, 2016 must be
discharged from a building sewer. The for consumptive use on the premises secondarily contained and use
effluent from such receptacle is where stored; interstitial monitoring in accordance
distributed for disposal through the soil (3) Septic tank; with § 280.43(g). Secondary
and settled solids and scum from the (4) Pipeline facility (including containment must be able to contain
tank are pumped out periodically and gathering lines): regulated substances leaked from the
hauled to a treatment facility. (i) Which is regulated under 49 U.S.C. primary containment until they are
Storm water or wastewater collection chapter 601; or detected and removed and prevent the
system means piping, pumps, conduits, (ii) Which is an intrastate pipeline release of regulated substances to the
and any other equipment necessary to facility regulated under state laws as environment at any time during the
collect and transport the flow of surface provided in 49 U.S.C. chapter 601, and operational life of the UST system. For
water run-off resulting from which is determined by the Secretary of cases where the piping is considered to
precipitation, or domestic, commercial, Transportation to be connected to a be replaced, the entire piping run must
or industrial wastewater to and from pipeline, or to be operated or intended be secondarily contained.
retention areas or any areas where to be capable of operating at pipeline (a) Tanks. Each tank must be properly
treatment is designated to occur. The pressure or as an integral part of a designed and constructed, and any
collection of storm water and pipeline; portion underground that routinely
wastewater does not include treatment (5) Surface impoundment, pit, pond, contains product must be protected
except where incidental to conveyance. or lagoon; from corrosion, in accordance with a
Surface impoundment is a natural (6) Storm water or wastewater code of practice developed by a
topographic depression, man-made collection system; nationally recognized association or
excavation, or diked area formed (7) Flow-through process tank; independent testing laboratory as
(8) Liquid trap or associated gathering specified below:
primarily of earthen materials (although
lines directly related to oil or gas (1) The tank is constructed of
it may be lined with man-made
production and gathering operations; or fiberglass-reinforced plastic; or
materials) that is not an injection well.
(9) Storage tank situated in an Note to paragraph (a)(1). The following
Tank is a stationary device designed underground area (such as a basement,
to contain an accumulation of regulated codes of practice may be used to comply with
cellar, mineworking, drift, shaft, or paragraph (a)(1) of this section:
substances and constructed of non- tunnel) if the storage tank is situated (A) Underwriters Laboratories Standard
earthen materials (e.g., concrete, steel, upon or above the surface of the floor. 1316, ‘‘Glass-Fiber-Reinforced Plastic
plastic) that provide structural support. Note to the definition of Underground Underground Storage Tanks for Petroleum
Training program means any program storage tank or UST. The term Products, Alcohols, and Alcohol-Gasoline
that provides information to and underground storage tank or UST does Mixtures’’; or
evaluates the knowledge of a Class A, not include any pipes connected to any (B) Underwriter’s Laboratories of Canada
Class B, or Class C operator through S615, ‘‘Standard for Reinforced Plastic
tank which is described in paragraphs
testing, practical demonstration, or Underground Tanks for Flammable and
(1) through (9) of this definition. Combustible Liquids’’.
another approach acceptable to the Upgrade means the addition or
implementing agency regarding retrofit of some systems such as (2) The tank is constructed of steel
requirements for UST systems that meet cathodic protection, lining, or spill and and cathodically protected in the
the requirements of subpart J of this overfill controls to improve the ability following manner:
part. of an underground storage tank system (i) The tank is coated with a suitable
Under-dispenser containment or UDC to prevent the release of product. dielectric material;
means containment underneath a UST system or Tank system means an (ii) Field-installed cathodic protection
dispenser system designed to prevent underground storage tank, connected systems are designed by a corrosion
leaks from the dispenser and piping underground piping, underground expert;
within or above the UDC from reaching ancillary equipment, and containment (iii) Impressed current systems are
soil or groundwater. system, if any. designed to allow determination of
Underground area means an Wastewater treatment tank means a current operating status as required in
underground room, such as a basement, tank that is designed to receive and treat § 280.31(c); and
cellar, shaft or vault, providing enough an influent wastewater through (iv) Cathodic protection systems are
space for physical inspection of the physical, chemical, or biological operated and maintained in accordance
exterior of the tank situated on or above methods. with § 280.31 or according to guidelines
the surface of the floor. established by the implementing
Subpart B—UST Systems: Design, agency; or
Underground release means any
belowground release. Construction, Installation and Note to paragraph (a)(2). The following
Notification codes of practice may be used to comply with
Underground storage tank or UST paragraph (a)(2) of this section:
means any one or combination of tanks § 280.20 Performance standards for new (A) Steel Tank Institute ‘‘Specification
(including underground pipes UST systems. STI–P3® Specification and Manual for
connected thereto) that is used to In order to prevent releases due to External Corrosion Protection of
contain an accumulation of regulated structural failure, corrosion, or spills Underground Steel Storage Tanks’’;
substances, and the volume of which and overfills for as long as the UST (B) Underwriters Laboratories Standard
(including the volume of underground system is used to store regulated 1746, ‘‘External Corrosion Protection Systems
pipes connected thereto) is 10 percent substances, all owners and operators of for Steel Underground Storage Tanks’’;
or more beneath the surface of the (C) Underwriters Laboratories of Canada
new UST systems must meet the S603, ‘‘Standard for Steel Underground
ground. This term does not include any: following requirements. In addition, Tanks for Flammable and Combustible
(1) Farm or residential tank of 1,100 except for suction piping that meets the Liquids,’’ and S603.1, ‘‘Standard for External
gallons or less capacity used for storing requirements of § 280.41(b)(1)(ii)(A) Corrosion Protection Systems for Steel
motor fuel for noncommercial purposes; through (E), tanks and piping installed Underground Tanks for Flammable and
Combustible Liquids,’’ and S631, ‘‘Standard (A) Underwriters Laboratories Standard paragraphs (c)(2) and (3) of this section,
for Isolating Bushings for Steel Underground 971, ‘‘Nonmetallic Underground Piping for to prevent spilling and overfilling
Tanks Protected with External Corrosion Flammable Liquids’’; or associated with product transfer to the
Protection Systems’’; (B) Underwriters Laboratories of Canada
UST system, owners and operators must
(D) Steel Tank Institute Standard F841, Standard S660, ‘‘Standard for Nonmetallic
‘‘Standard for Dual Wall Underground Steel Underground Piping for Flammable and use the following spill and overfill
Storage Tanks’’; or Combustible Liquids’’. prevention equipment:
(E) NACE International Standard Practice (i) Spill prevention equipment that
(2) The piping is constructed of steel will prevent release of product to the
SP 0285, ‘‘External Corrosion Control of
Underground Storage Tank Systems by and cathodically protected in the environment when the transfer hose is
Cathodic Protection,’’ and Underwriters following manner: detached from the fill pipe (for example,
Laboratories Standard 58, ‘‘Standard for Steel (i) The piping is coated with a a spill catchment basin); and
Underground Tanks for Flammable and suitable dielectric material; (ii) Overfill prevention equipment
Combustible Liquids’’. (ii) Field-installed cathodic protection that will:
(3) The tank is constructed of steel systems are designed by a corrosion (A) Automatically shut off flow into
and clad or jacketed with a non- expert; the tank when the tank is no more than
(iii) Impressed current systems are 95 percent full; or
corrodible material; or
designed to allow determination of (B) Alert the transfer operator when
Note to paragraph (a)(3). The following current operating status as required in
codes of practice may be used to comply with the tank is no more than 90 percent full
§ 280.31(c); and by restricting the flow into the tank or
paragraph (a)(3) of this section: (iv) Cathodic protection systems are
(A) Underwriters Laboratories Standard triggering a high-level alarm; or
1746, ‘‘External Corrosion Protection Systems
operated and maintained in accordance (C) Restrict flow 30 minutes prior to
for Steel Underground Storage Tanks’’; with § 280.31 or guidelines established overfilling, alert the transfer operator
(B) Steel Tank Institute ACT–100® by the implementing agency; or with a high level alarm one minute
Specification F894, ‘‘Specification for Note to paragraph (b)(2). The following before overfilling, or automatically shut
External Corrosion Protection of FRP codes of practice may be used to comply with off flow into the tank so that none of the
Composite Steel Underground Storage paragraph (b)(2) of this section:
Tanks’’; fittings located on top of the tank are
(A) American Petroleum Institute
(C) Steel Tank Institute ACT–100–U® exposed to product due to overfilling.
Recommended Practice 1632, ‘‘Cathodic
Specification F961, ‘‘Specification for Protection of Underground Petroleum Storage
(2) Owners and operators are not
External Corrosion Protection of Composite Tanks and Piping Systems’’; required to use the spill and overfill
Steel Underground Storage Tanks’’; or (B) Underwriters Laboratories Subject prevention equipment specified in
(D) Steel Tank Institute Specification F922, 971A, ‘‘Outline of Investigation for Metallic paragraph (c)(1) of this section if:
‘‘Steel Tank Institute Specification for Underground Fuel Pipe’’; (i) Alternative equipment is used that
Permatank®’’. (C) Steel Tank Institute Recommended is determined by the implementing
(4) The tank is constructed of metal Practice R892, ‘‘Recommended Practice for agency to be no less protective of human
without additional corrosion protection Corrosion Protection of Underground Piping health and the environment than the
Networks Associated with Liquid Storage equipment specified in paragraph
measures provided that:
and Dispensing Systems’’;
(i) The tank is installed at a site that (D) NACE International Standard Practice
(c)(1)(i) or (ii) of this section; or
is determined by a corrosion expert not SP 0169, ‘‘Control of External Corrosion on (ii) The UST system is filled by
to be corrosive enough to cause it to Underground or Submerged Metallic Piping transfers of no more than 25 gallons at
have a release due to corrosion during Systems’’; or one time.
its operating life; and (E) NACE International Standard Practice (3) Flow restrictors used in vent lines
(ii) Owners and operators maintain SP 0285, ‘‘External Corrosion Control of may not be used to comply with
records that demonstrate compliance Underground Storage Tank Systems by paragraph (c)(1)(ii) of this section when
with the requirements of paragraph Cathodic Protection’’. overfill prevention is installed or
(a)(4)(i) of this section for the remaining (3) The piping is constructed of metal replaced after October 13, 2015.
life of the tank; or without additional corrosion protection (4) Spill and overfill prevention
(5) The tank construction and measures provided that: equipment must be periodically tested
corrosion protection are determined by (i) The piping is installed at a site that or inspected in accordance with
the implementing agency to be designed is determined by a corrosion expert to § 280.35.
to prevent the release or threatened not be corrosive enough to cause it to (d) Installation. The UST system must
release of any stored regulated have a release due to corrosion during be properly installed in accordance with
substance in a manner that is no less its operating life; and a code of practice developed by a
protective of human health and the (ii) Owners and operators maintain nationally recognized association or
environment than paragraphs (a)(1) records that demonstrate compliance independent testing laboratory and in
through (4) of this section. with the requirements of paragraph accordance with the manufacturer’s
(b) Piping. The piping that routinely (b)(3)(i) of this section for the remaining instructions.
contains regulated substances and is in life of the piping; or Note to paragraph (d). Tank and piping
contact with the ground must be (4) The piping construction and system installation practices and procedures
properly designed, constructed, and corrosion protection are determined by described in the following codes of practice
protected from corrosion in accordance the implementing agency to be designed may be used to comply with the
with a code of practice developed by a to prevent the release or threatened requirements of paragraph (d) of this section:
nationally recognized association or release of any stored regulated (A) American Petroleum Institute
independent testing laboratory as substance in a manner that is no less Publication 1615, ‘‘Installation of
Underground Petroleum Storage System’’;

specified below. protective of human health and the (B) Petroleum Equipment Institute
(1) The piping is constructed of a non- environment than the requirements in Publication RP100, ‘‘Recommended Practices
corrodible material; or paragraphs (b)(1) through (3) of this for Installation of Underground Liquid
Note to paragraph (b)(1). The following section. Storage Systems’’; or
codes of practice may be used to comply with (c) Spill and overfill prevention (C) National Fire Protection Association
paragraph (b)(1) of this section: equipment. (1) Except as provided in Standard 30, ‘‘Flammable and Combustible
Liquids Code’’ and Standard 30A, ‘‘Code for has not been upgraded in accordance prior to installing the cathodic
Motor Fuel Dispensing Facilities and Repair with paragraphs (b) through (d) of this protection system. The second tightness
Garages’’. section. This does not apply to test must have been conducted between
(e) Certification of installation. All previously deferred UST systems three and six months following the first
owners and operators must ensure that described in subpart K of this part and operation of the cathodic protection
one or more of the following methods of where an upgrade is determined to be system; or
certification, testing, or inspection is appropriate by the implementing (iv) The tank was assessed for
used to demonstrate compliance with agency. corrosion holes by a method that is
paragraph (d) of this section by (a) Alternatives allowed. All existing determined by the implementing agency
providing a certification of compliance UST systems must comply with one of to prevent releases in a manner that is
on the UST notification form in the following requirements: no less protective of human health and
accordance with § 280.22. (1) New UST system performance the environment than paragraphs
(1) The installer has been certified by standards under § 280.20; (b)(2)(i) through (iii) of this section.
the tank and piping manufacturers; or (2) The upgrading requirements in (3) Internal lining combined with
(2) The installer has been certified or paragraphs (b) through (d) of this cathodic protection. Tanks upgraded by
licensed by the implementing agency; or section; or both internal lining and cathodic
(3) The installation has been (3) Closure requirements under protection must meet the following:
inspected and certified by a registered subpart G of this part, including (i) The lining was installed in
professional engineer with education applicable requirements for corrective accordance with the requirements of
and experience in UST system action under subpart F of this part. § 280.33; and
installation; or (b) Tank upgrading requirements. (ii) The cathodic protection system
(4) The installation has been Steel tanks must be upgraded to meet meets the requirements of
inspected and approved by the one of the following requirements in § 280.20(a)(2)(ii), (iii), and (iv).
implementing agency; or accordance with a code of practice Note to paragraph (b). The following
(5) All work listed in the developed by a nationally recognized historical codes of practice were listed as
manufacturer’s installation checklists association or independent testing options for complying with paragraph (b) of
has been completed; or laboratory: this section:
(6) The owner and operator have (1) Interior lining. Tanks upgraded by (A) American Petroleum Institute
complied with another method for internal lining must meet the following: Publication 1631, ‘‘Recommended Practice
ensuring compliance with paragraph (d) (i) The lining was installed in for the Interior Lining of Existing Steel
accordance with the requirements of Underground Storage Tanks’’;
of this section that is determined by the (B) National Leak Prevention Association
implementing agency to be no less § 280.33; and
Standard 631, ‘‘Spill Prevention, Minimum
protective of human health and the (ii) Within 10 years after lining, and 10 Year Life Extension of Existing Steel
environment. every 5 years thereafter, the lined tank Underground Tanks by Lining Without the
(f) Dispenser systems. Each UST is internally inspected and found to be Addition of Cathodic Protection’’;
system must be equipped with under- structurally sound with the lining still (C) National Association of Corrosion
dispenser containment for any new performing in accordance with original Engineers Standard RP–02–85, ‘‘Control of
dispenser system installed after April design specifications. If the internal External Corrosion on Metallic Buried,
lining is no longer performing in Partially Buried, or Submerged Liquid
11, 2016. Storage Systems’’; and
(1) A dispenser system is considered accordance with original design
(D) American Petroleum Institute
new when both the dispenser and the specifications and cannot be repaired in Recommended Practice 1632, ‘‘Cathodic
equipment needed to connect the accordance with a code of practice Protection of Underground Petroleum Storage
dispenser to the underground storage developed by a nationally recognized Tanks and Piping Systems’’.
tank system are installed at an UST association or independent testing
facility. The equipment necessary to laboratory, then the lined tank must be Note to paragraph b(1)(ii). The following
connect the dispenser to the permanently closed in accordance with codes of practice may be used to comply with
subpart G of this part. the periodic lining inspection requirement of
underground storage tank system
(2) Cathodic protection. Tanks this section:
includes check valves, shear valves, (A) American Petroleum Institute
unburied risers or flexible connectors, upgraded by cathodic protection must
Recommended Practice 1631, ‘‘Interior
or other transitional components that meet the requirements of Lining and Periodic Inspection of
are underneath the dispenser and § 280.20(a)(2)(ii), (iii), and (iv) and the Underground Storage Tanks’’;
connect the dispenser to the integrity of the tank must have been (B) National Leak Prevention Association
underground piping. ensured using one of the following Standard 631, Chapter B ‘‘Future Internal
(2) Under-dispenser containment methods: Inspection Requirements for Lined Tanks’’;
must be liquid-tight on its sides, bottom, (i) The tank was internally inspected or
and at any penetrations. Under- and assessed to ensure that the tank was (C) Ken Wilcox Associates Recommended
structurally sound and free of corrosion Practice, ‘‘Recommended Practice for
dispenser containment must allow for Inspecting Buried Lined Steel Tanks Using a
visual inspection and access to the holes prior to installing the cathodic
Video Camera’’.
components in the containment system protection system; or
or be periodically monitored for leaks (ii) The tank had been installed for (c) Piping upgrading requirements.
from the dispenser system. less than 10 years and is monitored Metal piping that routinely contains
monthly for releases in accordance with regulated substances and is in contact
§ 280.21 Upgrading of existing UST § 280.43(d) through (i); or with the ground must be cathodically
systems. (iii) The tank had been installed for protected in accordance with a code of
Owners and operators must less than 10 years and was assessed for practice developed by a nationally
permanently close (in accordance with corrosion holes by conducting two recognized association or independent
subpart G of this part) any UST system tightness tests that meet the testing laboratory and must meet the
that does not meet the new UST system requirements of § 280.43(c). The first requirements of § 280.20(b)(2)(ii), (iii),
performance standards in § 280.20 or tightness test must have been conducted and (iv).
Note to paragraph (c). The codes of operation must file a separate requirements to ensure that releases due
practice listed in the note following notification form for each separate place to corrosion are prevented until the UST
§ 280.20(b)(2) may be used to comply with of operation. system is permanently closed or
this requirement.
(e) All owners and operators of new undergoes a change-in-service pursuant
(d) Spill and overfill prevention UST systems must certify in the to § 280.71:
equipment. To prevent spilling and notification form compliance with the (a) All corrosion protection systems
overfilling associated with product following requirements: must be operated and maintained to
transfer to the UST system, all existing (1) Installation of tanks and piping continuously provide corrosion
UST systems must comply with UST under § 280.20(e); protection to the metal components of
system spill and overfill prevention (2) Cathodic protection of steel tanks that portion of the tank and piping that
equipment requirements specified in and piping under § 280.20(a) and (b); routinely contain regulated substances
§ 280.20(c). (3) Financial responsibility under and are in contact with the ground.
subpart H of this part; and (b) All UST systems equipped with
§ 280.22 Notification requirements. (4) Release detection under §§ 280.41
(a) After May 8, 1986, an owner must cathodic protection systems must be
and 280.42.
submit notice of a tank system’s inspected for proper operation by a
(f) All owners and operators of new
existence to the implementing agency qualified cathodic protection tester in
UST systems must ensure that the
within 30 days of bringing the accordance with the following
installer certifies in the notification
underground storage tank system into requirements:
form that the methods used to install the
use. Owners must use the form in tanks and piping complies with the (1) Frequency. All cathodic protection
appendix I of this part or a state form requirements in § 280.20(d). systems must be tested within 6 months
in accordance with paragraph (c) of this (g) Beginning October 24, 1988, any of installation and at least every 3 years
section. person who sells a tank intended to be thereafter or according to another
Note to paragraph (a). Owners and used as an underground storage tank reasonable time frame established by the
operators of UST systems that were in the must notify the purchaser of such tank implementing agency; and
ground on or after May 8, 1986, unless taken of the owner’s notification obligations (2) Inspection criteria. The criteria
out of operation on or before January 1, 1974, under paragraph (a) of this section. The that are used to determine that cathodic
were required to notify the designated state protection is adequate as required by
statement provided in appendix III of
or local agency in accordance with the this section must be in accordance with
Hazardous and Solid Waste Amendments of this part, when used on shipping tickets
and invoices, may be used to comply a code of practice developed by a
1984, Public Law 98–616, on a form
published by EPA on November 8, 1985 with this requirement. nationally recognized association.
unless notice was given pursuant to section Note to paragraph (b). The following codes
103(c) of CERCLA. Owners and operators Subpart C—General Operating of practice may be used to comply with
who have not complied with the notification Requirements paragraph (b) of this section:
requirements may use portions I through X (A) NACE International Test Method TM
of the notification form contained in § 280.30 Spill and overfill control. 0101, ‘‘Measurement Techniques Related to
appendix I of this part. (a) Owners and operators must ensure Criteria for Cathodic Protection of
(b) Within 30 days of acquisition, any that releases due to spilling or Underground Storage Tank Systems’’;
person who assumes ownership of a overfilling do not occur. The owner and (B) NACE International Test Method
operator must ensure that the volume TM0497, ‘‘Measurement Techniques Related
regulated underground storage tank to Criteria for Cathodic Protection on
system, except as described in available in the tank is greater than the
Underground or Submerged Metallic Piping
paragraph (a) of this section, must volume of product to be transferred to Systems’’;
submit a notice of the ownership change the tank before the transfer is made and (C) Steel Tank Institute Recommended
to the implementing agency, using the that the transfer operation is monitored Practice R051, ‘‘Cathodic Protection Testing
form in appendix II of this part or a state constantly to prevent overfilling and Procedures for STI–P3® USTs’’;
form in accordance with paragraph (c) spilling. (D) NACE International Standard Practice
of this section. SP 0285, ‘‘External Control of Underground
Note to paragraph (a). The transfer
(c) In states where state law, Storage Tank Systems by Cathodic
procedures described in National Fire
regulations, or procedures require Protection’’; or
Protection Association Standard 385,
(E) NACE International Standard Practice
owners to use forms that differ from ‘‘Standard for Tank Vehicles for Flammable
SP 0169, ‘‘Control of External Corrosion on
those set forth in appendix I and and Combustible Liquids’’ or American
Underground or Submerged Metallic Piping
appendix II of this part to fulfill the Petroleum Institute Recommended Practice
Systems’’.
requirements of this section, the state 1007, ‘‘Loading and Unloading of MC 306/
DOT 406 Cargo Tank Motor Vehicles’’ may be (c) UST systems with impressed
forms may be submitted in lieu of the used to comply with paragraph (a) of this
forms set forth in appendix I and current cathodic protection systems
section. Further guidance on spill and must also be inspected every 60 days to
appendix II. If a state requires that its overfill prevention appears in American
form be used in lieu of the form Petroleum Institute Recommended Practice
ensure the equipment is running
presented in appendix I and appendix 1621, ‘‘Bulk Liquid Stock Control at Retail properly.
II, such form must, at a minimum, Outlets’’. (d) For UST systems using cathodic
collect the information prescribed in protection, records of the operation of
(b) The owner and operator must
appendix I and appendix II. the cathodic protection must be
report, investigate, and clean up any
(d) Owners required to submit notices maintained (in accordance with
spills and overfills in accordance with
under paragraph (a) or (b) of this section § 280.34) to demonstrate compliance
§ 280.53.
must provide notices to the appropriate with the performance standards in this
implementing agency for each tank they § 280.31 Operation and maintenance of section. These records must provide the
own. Owners may provide notice for corrosion protection. following:
several tanks using one notification All owners and operators of metal (1) The results of the last three
form, but owners who own tanks UST systems with corrosion protection inspections required in paragraph (c) of
located at more than one place of must comply with the following this section; and
(2) The results of testing from the last repairs must meet the following § 280.44(b) within 30 days following the
two inspections required in paragraph requirements: date of the completion of the repair
(b) of this section. (a) Repairs to UST systems must be except as provided in paragraphs (d)(1)
properly conducted in accordance with through (3) of this section:
§ 280.32 Compatibility. a code of practice developed by a (1) The repaired tank is internally
(a) Owners and operators must use an nationally recognized association or an inspected in accordance with a code of
UST system made of or lined with independent testing laboratory. practice developed by a nationally
materials that are compatible with the Note to paragraph (a). The following codes recognized association or an
substance stored in the UST system. of practice may be used to comply with independent testing laboratory; or
(b) Owners and operators must notify paragraph (a) of this section: (2) The repaired portion of the UST
the implementing agency at least 30 (A) National Fire Protection Association system is monitored monthly for
days prior to switching to a regulated Standard 30, ‘‘Flammable and Combustible releases in accordance with a method
substance containing greater than 10 Liquids Code’’; specified in § 280.43(d) through (i); or
percent ethanol, greater than 20 percent (B) American Petroleum Institute (3) Another test method is used that
biodiesel, or any other regulated Recommended Practice RP 2200, ‘‘Repairing is determined by the implementing
Crude Oil, Liquified Petroleum Gas, and agency to be no less protective of human
substance identified by the Product Pipelines’’;
implementing agency. In addition, health and the environment than those
(C) American Petroleum Institute
owners and operators with UST systems Recommended Practice RP 1631, ‘‘Interior listed in paragraphs (d)(1) and (2) of this
storing these regulated substances must Lining and Periodic Inspection of section.
meet one of the following: Underground Storage Tanks’’; Note to paragraph (d). The following codes
(1) Demonstrate compatibility of the (D) National Fire Protection Association of practice may be used to comply with
UST system (including the tank, piping, Standard 326, ‘‘Standard for the Safeguarding paragraph (d) of this section:
containment sumps, pumping of Tanks and Containers for Entry, Cleaning, (A) Steel Tank Institute Recommended
or Repair’’; Practice R012, ‘‘Recommended Practice for
equipment, release detection (E) National Leak Prevention Association Interstitial Tightness Testing of Existing
equipment, spill equipment, and overfill Standard 631, Chapter A, ‘‘Entry, Cleaning, Underground Double Wall Steel Tanks’’; or
equipment). Owners and operators may Interior Inspection, Repair, and Lining of (B) Fiberglass Tank and Pipe Institute
demonstrate compatibility of the UST Underground Storage Tanks’’; Protocol, ‘‘Field Test Protocol for Testing the
system by using one of the following (F) Steel Tank Institute Recommended Annular Space of Installed Underground
options: Practice R972, ‘‘Recommended Practice for Fiberglass Double and Triple-Wall Tanks
(i) Certification or listing of UST the Addition of Supplemental Anodes to with Dry Annular Space’’.
system equipment or components by a STI–P3® Tanks’’; (C) Petroleum Equipment Institute
(G) NACE International Standard Practice Recommended Practice RP1200,
nationally recognized, independent
SP 0285, ‘‘External Control of Underground ‘‘Recommended Practices for the Testing and
testing laboratory for use with the Storage Tank Systems by Cathodic Verification of Spill, Overfill, Leak Detection
regulated substance stored; or Protection’’; or and Secondary Containment Equipment at
(ii) Equipment or component (H) Fiberglass Tank and Pipe Institute UST Facilities’’.
manufacturer approval. The Recommended Practice T–95–02,
‘‘Remanufacturing of Fiberglass Reinforced (e) Within 6 months following the
manufacturer’s approval must be in
Plastic (FRP) Underground Storage Tanks’’. repair of any cathodically protected
writing, indicate an affirmative
UST system, the cathodic protection
statement of compatibility, specify the (b) Repairs to fiberglass-reinforced system must be tested in accordance
range of biofuel blends the equipment or plastic tanks may be made by the with § 280.31(b) and (c) to ensure that
component is compatible with, and be manufacturer’s authorized it is operating properly.
from the equipment or component representatives or in accordance with a (f) Within 30 days following any
manufacturer; or code of practice developed by a repair to spill or overfill prevention
(2) Use another option determined by nationally recognized association or an equipment, the repaired spill or overfill
the implementing agency to be no less independent testing laboratory. prevention equipment must be tested or
protective of human health and the (c) Metal pipe sections and fittings inspected, as appropriate, in accordance
environment than the options listed in that have released product as a result of with § 280.35 to ensure it is operating
paragraph (b)(1) of this section. (c) corrosion or other damage must be properly.
Owners and operators must maintain replaced. Non-corrodible pipes and (g) UST system owners and operators
records in accordance with § 280.34(b) fittings may be repaired in accordance must maintain records (in accordance
documenting compliance with with the manufacturer’s specifications. with § 280.34) of each repair until the
paragraph (b) of this section for as long (d) Repairs to secondary containment UST system is permanently closed or
as the UST system is used to store the areas of tanks and piping used for undergoes a change-in-service pursuant
regulated substance. interstitial monitoring and to to § 280.71.
Note to § 280.32. The following code of containment sumps used for interstitial
practice may be useful in complying with monitoring of piping must have the § 280.34 Reporting and recordkeeping.
this section: American Petroleum Institute secondary containment tested for Owners and operators of UST systems
Recommended Practice 1626, ‘‘Storing and tightness according to the must cooperate fully with inspections,
Handling Ethanol and Gasoline-Ethanol manufacturer’s instructions, a code of monitoring and testing conducted by the
Blends at Distribution Terminals and Filling practice developed by a nationally implementing agency, as well as
Stations.’’ recognized association or independent requests for document submission,
testing laboratory, or according to testing, and monitoring by the owner or
§ 280.33 Repairs allowed. requirements established by the operator pursuant to section 9005 of
Owners and operators of UST systems implementing agency within 30 days Subtitle I of the Solid Waste Disposal
must ensure that repairs will prevent following the date of completion of the Act, as amended.
releases due to structural failure or repair. All other repairs to tanks and (a) Reporting. Owners and operators
corrosion as long as the UST system is piping must be tightness tested in must submit the following information
used to store regulated substances. The accordance with § 280.43(c) and to the implementing agency:
(1) Notification for all UST systems § 280.35 Periodic testing of spill ‘‘Recommended Practices for the Testing and
(§ 280.22), which includes certification prevention equipment and containment Verification of Spill, Overfill, Leak Detection
of installation for new UST systems sumps used for interstitial monitoring of and Secondary Containment Equipment at
(§ 280.20(e)) and notification when any piping and periodic inspection of overfill UST Facilities’’.
prevention equipment.
person assumes ownership of an UST (b) Owners and operators must begin
system (§ 280.22(b)); (a) Owners and operators of UST meeting these requirements as follows:
(2) Notification prior to UST systems systems with spill and overfill (1) For UST systems in use on or
switching to certain regulated prevention equipment and containment before October 13, 2015, the initial spill
substances (§ 280.32(b)); sumps used for interstitial monitoring of prevention equipment test, containment
(3) Reports of all releases including piping must meet these requirements to sump test and overfill prevention
suspected releases (§ 280.50), spills and ensure the equipment is operating equipment inspection must be
overfills (§ 280.53), and confirmed properly and will prevent releases to the conducted not later than October 13,
releases (§ 280.61); environment: 2018.
(4) Corrective actions planned or (1) Spill prevention equipment (such (2) For UST systems brought into use
taken including initial abatement as a catchment basin, spill bucket, or after October 13, 2015, these
measures (§ 280.62), initial site other spill containment device) and requirements apply at installation.
characterization (§ 280.63), free product containment sumps used for interstitial (c) Owners and operators must
removal (§ 280.64), investigation of soil monitoring of piping must prevent maintain records as follows (in
and groundwater cleanup (§ 280.65), releases to the environment by meeting accordance with § 280.34) for spill
and corrective action plan (§ 280.66); one of the following: prevention equipment, containment
and (i) The equipment is double walled sumps used for interstitial monitoring of
(5) A notification before permanent and the integrity of both walls is piping, and overfill prevention
closure or change-in-service (§ 280.71). periodically monitored at a frequency equipment:
(b) Recordkeeping. Owners and not less than the frequency of the (1) All records of testing or inspection
operators must maintain the following walkthrough inspections described in must be maintained for three years; and
information: § 280.36. Owners and operators must (2) For spill prevention equipment
(1) A corrosion expert’s analysis of begin meeting paragraph (a)(1)(ii) of this and containment sumps used for
site corrosion potential if corrosion section and conduct a test within 30 interstitial monitoring of piping not
protection equipment is not used days of discontinuing periodic tested every three years, documentation
(§ 280.20(a)(4); § 280.20(b)(3)). monitoring of this equipment; or showing that the prevention equipment
(2) Documentation of operation of (ii) The spill prevention equipment is double walled and the integrity of
corrosion protection equipment and containment sumps used for both walls is periodically monitored
(§ 280.31(d)); interstitial monitoring of piping are must be maintained for as long as the
(3) Documentation of compatibility tested at least once every three years to equipment is periodically monitored.
for UST systems (§ 280.32(c)); ensure the equipment is liquid tight by
(4) Documentation of UST system using vacuum, pressure, or liquid § 280.36 Periodic operation and
repairs (§ 280.33(g)); testing in accordance with one of the maintenance walkthrough inspections.
(5) Documentation of compliance for following criteria: (a) To properly operate and maintain
spill and overfill prevention equipment (A) Requirements developed by the UST systems, not later than October 13,
and containment sumps used for manufacturer (Note: Owners and 2018 owners and operators must meet
interstitial monitoring of piping operators may use this option only if the one of the following:
(§ 280.35(c)); manufacturer has developed (1) Conduct a walkthrough inspection
(6) Documentation of periodic requirements); that, at a minimum, checks the
walkthrough inspections (§ 280.36(b)); (B) Code of practice developed by a following equipment as specified below:
(7) Documentation of compliance nationally recognized association or (i) Every 30 days (Exception: spill
with release detection requirements independent testing laboratory; or prevention equipment at UST systems
(§ 280.45); (C) Requirements determined by the receiving deliveries at intervals greater
(8) Results of the site investigation implementing agency to be no less than every 30 days may be checked
conducted at permanent closure protective of human health and the prior to each delivery):
(§ 280.74); and environment than the requirements (A) Spill prevention equipment—
(9) Documentation of operator listed in paragraphs (a)(1)(ii)(A) and (B) visually check for damage; remove
training (§ 280.245). of this section. liquid or debris; check for and remove
(c) Availability and maintenance of (2) Overfill prevention equipment obstructions in the fill pipe; check the
records. Owners and operators must must be inspected at least once every fill cap to make sure it is securely on the
keep the records required either: three years. At a minimum, the fill pipe; and, for double walled spill
(1) At the UST site and immediately inspection must ensure that overfill prevention equipment with interstitial
available for inspection by the prevention equipment is set to activate monitoring, check for a leak in the
implementing agency; or at the correct level specified in interstitial area; and
(2) At a readily available alternative § 280.20(c) and will activate when (B) Release detection equipment—
site and be provided for inspection to regulated substance reaches that level. check to make sure the release detection
the implementing agency upon request. Inspections must be conducted in equipment is operating with no alarms
(3) In the case of permanent closure accordance with one of the criteria in or other unusual operating conditions
records required under § 280.74, owners paragraph (a)(1)(ii)(A) through (C) of present; and ensure records of release
and operators are also provided with the this section. detection testing are reviewed and
additional alternative of mailing closure Note to paragraphs (a)(1)(ii) and (a)(2). current; and
records to the implementing agency if The following code of practice may be used (ii) Annually:
they cannot be kept at the site or an to comply with paragraphs (a)(1)(ii) and (a)(2) (A) Containment sumps—visually
alternative site as indicated in of this section: Petroleum Equipment check for damage, leaks to the
paragraphs (c)(1) and (2) of this section. Institute Publication RP1200, containment area, or releases to the
environment; remove liquid (in in paragraphs (a)(1) and (2) of this § 280.41 Requirements for petroleum UST
contained sumps) or debris; and, for section. A test of the proper operation systems.
double walled sumps with interstitial must be performed at least annually Owners and operators of petroleum
monitoring, check for a leak in the and, at a minimum, as applicable to the UST systems must provide release
interstitial area; and facility, cover the following components detection for tanks and piping as
(B) Hand held release detection and criteria: follows:
equipment—check devices such as tank (i) Automatic tank gauge and other (a) Tanks. Tanks must be monitored
gauge sticks or groundwater bailers for controllers: test alarm; verify system for releases as follows:
operability and serviceability; configuration; test battery backup; (1) Tanks installed on or before April
(2) Conduct operation and (ii) Probes and sensors: inspect for 11, 2016 must be monitored for releases
maintenance walkthrough inspections residual buildup; ensure floats move at least every 30 days using one of the
according to a standard code of practice freely; ensure shaft is not damaged; methods listed in § 280.43(d) through (i)
developed by a nationally recognized ensure cables are free of kinks and except that:
association or independent testing breaks; test alarm operability and (i) UST systems that meet the
laboratory that checks equipment communication with controller; performance standards in § 280.20 or
comparable to paragraph (a)(1) of this § 280.21, and the monthly inventory
(iii) Automatic line leak detector: test
section; or control requirements in § 280.43(a) or
operation to meet criteria in § 280.44(a)
Note to paragraph (a)(2). The following by simulating a leak; (b), may use tank tightness testing
code of practice may be used to comply with (conducted in accordance with
paragraph (a)(2) of this section: Petroleum
(iv) Vacuum pumps and pressure
§ 280.43(c)) at least every 5 years until
Equipment Institute Recommended Practice gauges: ensure proper communication
10 years after the tank was installed;
RP 900, ‘‘Recommended Practices for the with sensors and controller; and
and
Inspection and Maintenance of UST (v) Hand-held electronic sampling (ii) Tanks with capacity of 550 gallons
Systems’’. equipment associated with groundwater or less and tanks with a capacity of 551
(3) Conduct operation and and vapor monitoring: ensure proper to 1,000 gallons that meet the tank
maintenance walkthrough inspections operation. diameter criteria in § 280.43(b) may use
developed by the implementing agency Note to paragraph (a)(3). The following manual tank gauging (conducted in
that checks equipment comparable to code of practice may be used to comply with accordance with § 280.43(b)).
paragraph (a)(1) of this section. paragraph (a)(3) of this section: Petroleum (2) Tanks installed after April 11,
(b) Owners and operators must Equipment Institute Publication RP1200, 2016 must be monitored for releases at
maintain records (in accordance with ‘‘Recommended Practices for the Testing and
Verification of Spill, Overfill, Leak Detection
least every 30 days in accordance with
§ 280.34) of operation and maintenance § 280.43(g).
and Secondary Containment Equipment at
walkthrough inspections for one year. (b) Piping. Underground piping that
UST Facilities’’.
Records must include a list of each area routinely contains regulated substances
checked, whether each area checked (4) Meets the performance must be monitored for releases in a
was acceptable or needed action taken, requirements in § 280.43, § 280.44, or manner that meets one of the following
a description of actions taken to correct subpart K of this part, as applicable, requirements:
an issue, and delivery records if spill with any performance claims and their (1) Piping installed on or before April
prevention equipment is checked less manner of determination described in 11, 2016 must meet one of the
frequently than every 30 days due to writing by the equipment manufacturer following:
infrequent deliveries. or installer. In addition, the methods (i) Pressurized piping. Underground
listed in § 280.43(b), (c), (d), (h), and (i), piping that conveys regulated
Subpart D—Release Detection § 280.44(a) and (b), and subpart K of this substances under pressure must:
§ 280.40 General requirements for all UST
part, must be capable of detecting the (A) Be equipped with an automatic
systems. leak rate or quantity specified for that line leak detector conducted in
method in the corresponding section of accordance with § 280.44(a); and
(a) Owners and operators of UST
the rule with a probability of detection (B) Have an annual line tightness test
systems must provide a method, or
of 0.95 and a probability of false alarm conducted in accordance with
combination of methods, of release
of 0.05. § 280.44(b) or have monthly monitoring
detection that:
(1) Can detect a release from any (b) When a release detection method conducted in accordance with
portion of the tank and the connected operated in accordance with the § 280.44(c).
underground piping that routinely performance standards in § 280.43, (ii) Suction piping. Underground
contains product; § 280.44, or subpart K of this part piping that conveys regulated
(2) Is installed and calibrated in indicates a release may have occurred, substances under suction must either
accordance with the manufacturer’s owners and operators must notify the have a line tightness test conducted at
instructions; implementing agency in accordance least every 3 years and in accordance
(3) Beginning on October 13, 2018, is with subpart E of this part. with § 280.44(b), or use a monthly
operated and maintained, and electronic (c) Any UST system that cannot apply monitoring method conducted in
and mechanical components are tested a method of release detection that accordance with § 280.44(c). No release
for proper operation, in accordance with complies with the requirements of this detection is required for suction piping
one of the following: manufacturer’s subpart must complete the closure that is designed and constructed to meet
instructions; a code of practice procedures in subpart G of this part. For the following standards:
developed by a nationally recognized previously deferred UST systems (A) The below-grade piping operates
association or independent testing described in subparts A and K of this at less than atmospheric pressure;
laboratory; or requirements determined part, this requirement applies after the (B) The below-grade piping is sloped
by the implementing agency to be no effective dates described in so that the contents of the pipe will
less protective of human health and the § 280.10(a)(1)(ii) and (iii) and drain back into the storage tank if the
environment than the two options listed § 280.251(a). suction is released;
(C) Only one check valve is included (1) Contain 100 percent of the (1) Inventory volume measurements
in each suction line; capacity of the largest tank within its for regulated substance inputs,
(D) The check valve is located directly boundary; withdrawals, and the amount still
below and as close as practical to the (2) Prevent the interference of remaining in the tank are recorded each
suction pump; and precipitation or groundwater intrusion operating day;
(E) A method is provided that allows with the ability to contain or detect a (2) The equipment used is capable of
compliance with paragraphs (b)(1)(ii)(B) release of regulated substances; and measuring the level of product over the
through (D) of this section to be readily (3) Surround the tank completely (i.e., full range of the tank’s height to the
determined. it is capable of preventing lateral as well nearest one-eighth of an inch;
(2) Piping installed or replaced after as vertical migration of regulated (3) The regulated substance inputs are
April 11, 2016 must meet one of the substances). reconciled with delivery receipts by
following: (d) Underground piping must be measurement of the tank inventory
(i) Pressurized piping must be equipped with secondary containment volume before and after delivery;
monitored for releases at least every 30 that satisfies the requirements of this (4) Deliveries are made through a drop
days in accordance with § 280.43(g) and section (e.g., trench liners, double tube that extends to within one foot of
be equipped with an automatic line leak walled pipe). In addition, underground the tank bottom;
detector in accordance with § 280.44(a) piping that conveys regulated
(ii) Suction piping must be monitored (5) Product dispensing is metered and
substances under pressure must be recorded within the local standards for
for releases at least every 30 days in equipped with an automatic line leak
accordance with § 280.43(g). No release meter calibration or an accuracy of 6
detector in accordance with § 280.44(a). cubic inches for every 5 gallons of
detection is required for suction piping (e) For hazardous substance UST
that meets paragraphs (b)(1)(ii)(A) product withdrawn; and
systems installed on or before October (6) The measurement of any water
through (E) of this section. 13, 2015 other methods of release level in the bottom of the tank is made
§ 280.42 Requirements for hazardous detection may be used if owners and to the nearest one-eighth of an inch at
substance UST systems. operators: least once a month.
Owners and operators of hazardous (1) Demonstrate to the implementing
Note to paragraph (a). Practices described
substance UST systems must provide agency that an alternate method can
in the American Petroleum Institute
containment that meets the following detect a release of the stored substance Recommended Practice RP 1621, ‘‘Bulk
requirements and monitor these systems as effectively as any of the methods Liquid Stock Control at Retail Outlets’’ may
using § 280.43(g) at least every 30 days: allowed in § 280.43(b) through (i) can be used, where applicable, as guidance in
(a) Secondary containment systems detect a release of petroleum; meeting the requirements of this paragraph
must be designed, constructed, and (2) Provide information to the (a).
installed to: implementing agency on effective
(b) Manual tank gauging. Manual tank
(1) Contain regulated substances corrective action technologies, health
gauging must meet the following
leaked from the primary containment risks, and chemical and physical
requirements:
until they are detected and removed; properties of the stored substance, and
(2) Prevent the release of regulated (1) Tank liquid level measurements
the characteristics of the UST site; and,
substances to the environment at any are taken at the beginning and ending of
(3) Obtain approval from the
time during the operational life of the a period using the appropriate
implementing agency to use the
UST system; and minimum duration of test value in the
alternate release detection method
(3) Be checked for evidence of a table below during which no liquid is
before the installation and operation of
release at least every 30 days. added to or removed from the tank;
the new UST system.
(2) Level measurements are based on
Note to paragraph (a). The provisions of 40
CFR 265.193, Containment and Detection of § 280.43 Methods of release detection for an average of two consecutive stick
Releases, may be used to comply with these tanks. readings at both the beginning and
requirements for tanks installed on or before Each method of release detection for ending of the period;
October 13, 2015. tanks used to meet the requirements of (3) The equipment used is capable of
(b) Double walled tanks must be § 280.41 must be conducted in measuring the level of product over the
designed, constructed, and installed to: accordance with the following: full range of the tank’s height to the
(1) Contain a leak from any portion of (a) Inventory control. Product nearest one-eighth of an inch;
the inner tank within the outer wall; inventory control (or another test of (4) A release is suspected and subject
and equivalent performance) must be to the requirements of subpart E if the
(2) Detect the failure of the inner wall. conducted monthly to detect a release of variation between beginning and ending
(c) External liners (including vaults) at least 1.0 percent of flow-through plus measurements exceeds the weekly or
must be designed, constructed, and 130 gallons on a monthly basis in the monthly standards in the following
installed to: following manner: table:
Monthly
Minimum Weekly standard
Nominal tank capacity duration of standard (four test
test (one test) average)
550 gallons or less .............................................................................................................................. 36 hours ...... 10 gallons .... 5 gallons

551–1,000 gallons (when tank diameter is 64 inches) ....................................................................... 44 hours ...... 9 gallons ...... 4 gallons
551–1,000 gallons (when tank diameter is 48 inches) ....................................................................... 58 hours ...... 12 gallons .... 6 gallons
551–1,000 gallons (also requires periodic tank tightness testing) ..................................................... 36 hours ...... 13 gallons ... 7 gallons
1,001–2,000 gallons (also requires periodic tank tightness testing) .................................................. 36 hours ...... 26 gallons .... 13 gallons
(5) Tanks of 550 gallons or less inoperative by the groundwater, rainfall, detect releases from any portion of the
nominal capacity and tanks with a or soil moisture or other known tank that routinely contains product;
nominal capacity of 551 to 1,000 gallons interferences so that a release could go and
that meet the tank diameter criteria in undetected for more than 30 days; (8) Monitoring wells are clearly
the table in paragraph (b)(4) of this (4) The level of background marked and secured to avoid
section may use this as the sole method contamination in the excavation zone unauthorized access and tampering.
of release detection. All other tanks with will not interfere with the method used (g) Interstitial monitoring. Interstitial
a nominal capacity of 551 to 2,000 to detect releases from the tank; monitoring between the UST system
gallons may use the method in place of (5) The vapor monitors are designed and a secondary barrier immediately
inventory control in § 280.43(a). Tanks and operated to detect any significant around or beneath it may be used, but
of greater than 2,000 gallons nominal increase in concentration above only if the system is designed,
capacity may not use this method to background of the regulated substance constructed, and installed to detect a
meet the requirements of this subpart. stored in the tank system, a component leak from any portion of the tank that
(c) Tank tightness testing. Tank or components of that substance, or a routinely contains product and also
tightness testing (or another test of tracer compound placed in the tank meets one of the following
equivalent performance) must be system; requirements:
capable of detecting a 0.1 gallon per (6) In the UST excavation zone, the (1) For double walled UST systems,
hour leak rate from any portion of the site is assessed to ensure compliance the sampling or testing method can
tank that routinely contains product with the requirements in paragraphs detect a leak through the inner wall in
while accounting for the effects of (e)(1) through (4) of this section and to any portion of the tank that routinely
thermal expansion or contraction of the establish the number and positioning of contains product;
product, vapor pockets, tank monitoring wells that will detect (2) For UST systems with a secondary
deformation, evaporation or releases within the excavation zone barrier within the excavation zone, the
condensation, and the location of the from any portion of the tank that sampling or testing method used can
water table. routinely contains product; and detect a leak between the UST system
(d) Automatic tank gauging. (7) Monitoring wells are clearly and the secondary barrier;
Equipment for automatic tank gauging marked and secured to avoid (i) The secondary barrier around or
that tests for the loss of product and unauthorized access and tampering. beneath the UST system consists of
conducts inventory control must meet (f) Groundwater monitoring. Testing artificially constructed material that is
the following requirements: or monitoring for liquids on the sufficiently thick and impermeable (at
(1) The automatic product level groundwater must meet the following least 10¥6 cm/sec for the regulated
monitor test can detect a 0.2 gallon per requirements: substance stored) to direct a leak to the
hour leak rate from any portion of the (1) The regulated substance stored is monitoring point and permit its
tank that routinely contains product; immiscible in water and has a specific detection;
(2) The automatic tank gauging gravity of less than one; (ii) The barrier is compatible with the
equipment must meet the inventory (2) Groundwater is never more than regulated substance stored so that a leak
control (or other test of equivalent 20 feet from the ground surface and the from the UST system will not cause a
performance) requirements of hydraulic conductivity of the soil(s) deterioration of the barrier allowing a
§ 280.43(a); and between the UST system and the release to pass through undetected;
(3) The test must be performed with monitoring wells or devices is not less (iii) For cathodically protected tanks,
the system operating in one of the than 0.01 cm/sec (e.g., the soil should the secondary barrier must be installed
following modes: consist of gravels, coarse to medium so that it does not interfere with the
(i) In-tank static testing conducted at sands, coarse silts or other permeable proper operation of the cathodic
least once every 30 days; or materials); protection system;
(ii) Continuous in-tank leak detection (3) The slotted portion of the (iv) The groundwater, soil moisture,
operating on an uninterrupted basis or monitoring well casing must be or rainfall will not render the testing or
operating within a process that allows designed to prevent migration of natural sampling method used inoperative so
the system to gather incremental soils or filter pack into the well and to that a release could go undetected for
measurements to determine the leak allow entry of regulated substance on more than 30 days;
status of the tank at least once every 30 the water table into the well under both (v) The site is assessed to ensure that
days. high and low groundwater conditions; the secondary barrier is always above
(e) Vapor monitoring. Testing or (4) Monitoring wells shall be sealed the groundwater and not in a 25-year
monitoring for vapors within the soil from the ground surface to the top of the flood plain, unless the barrier and
gas of the excavation zone must meet filter pack; monitoring designs are for use under
the following requirements: (5) Monitoring wells or devices such conditions; and,
(1) The materials used as backfill are intercept the excavation zone or are as (vi) Monitoring wells are clearly
sufficiently porous (e.g., gravel, sand, close to it as is technically feasible; marked and secured to avoid
crushed rock) to readily allow diffusion (6) The continuous monitoring unauthorized access and tampering.
of vapors from releases into the devices or manual methods used can (3) For tanks with an internally fitted
excavation area; detect the presence of at least one-eighth liner, an automated device can detect a
(2) The stored regulated substance, or of an inch of free product on top of the leak between the inner wall of the tank
a tracer compound placed in the tank groundwater in the monitoring wells; and the liner, and the liner is
system, is sufficiently volatile (e.g., (7) Within and immediately below the compatible with the substance stored.
gasoline) to result in a vapor level that UST system excavation zone, the site is (h) Statistical inventory
is detectable by the monitoring devices assessed to ensure compliance with the reconciliation. Release detection
located in the excavation zone in the requirements in paragraphs (f)(1) methods based on the application of
event of a release from the tank; through (5) of this section and to statistical principles to inventory data
(3) The measurement of vapors by the establish the number and positioning of similar to those described in § 280.43(a)
monitoring device is not rendered monitoring wells or devices that will must meet the following requirements:
(1) Report a quantitative result with a with all applicable requirements of this Subpart E—Release Reporting,
calculated leak rate; subpart. These records must include the Investigation, and Confirmation
(2) Be capable of detecting a leak rate following:
of 0.2 gallon per hour or a release of 150 § 280.50 Reporting of suspected releases.
(a) All written performance claims Owners and operators of UST systems
gallons within 30 days; and
pertaining to any release detection must report to the implementing agency
(3) Use a threshold that does not
system used, and the manner in which within 24 hours, or another reasonable
exceed one-half the minimum detectible
leak rate. these claims have been justified or period specified by the implementing
(i) Other methods. Any other type of tested by the equipment manufacturer agency, and follow the procedures in
release detection method, or or installer, must be maintained for 5 § 280.52 for any of the following
combination of methods, can be used if: years, or for another reasonable period conditions:
(1) It can detect a 0.2 gallon per hour of time determined by the implementing (a) The discovery by owners and
leak rate or a release of 150 gallons agency, from the date of installation. operators or others of released regulated
within a month with a probability of Not later than October 13, 2018, records substances at the UST site or in the
detection of 0.95 and a probability of of site assessments required under surrounding area (such as the presence
false alarm of 0.05; or § 280.43(e)(6) and (f)(7) must be of free product or vapors in soils,
(2) The implementing agency may maintained for as long as the methods basements, sewer and utility lines, and
approve another method if the owner are used. Records of site assessments nearby surface water).
and operator can demonstrate that the developed after October 13, 2015 must (b) Unusual operating conditions
method can detect a release as be signed by a professional engineer or observed by owners and operators (such
effectively as any of the methods professional geologist, or equivalent as the erratic behavior of product
allowed in paragraphs (c) through (h) of licensed professional with experience in dispensing equipment, the sudden loss
this section. In comparing methods, the environmental engineering, of product from the UST system, an
implementing agency shall consider the unexplained presence of water in the
hydrogeology, or other relevant
size of release that the method can tank, or liquid in the interstitial space
technical discipline acceptable to the
detect and the frequency and reliability of secondarily contained systems),
implementing agency;
with which it can be detected. If the unless:
method is approved, the owner and (b) The results of any sampling, (1) The system equipment or
operator must comply with any testing, or monitoring must be component is found not to be releasing
conditions imposed by the maintained for at least one year, or for regulated substances to the
implementing agency on its use to another reasonable period of time environment;
ensure the protection of human health determined by the implementing (2) Any defective system equipment
and the environment. agency, except as follows: or component is immediately repaired
or replaced; and
§ 280.44 Methods of release detection for (1) The results of annual operation
(3) For secondarily contained systems,
piping. tests conducted in accordance with except as provided for in
Each method of release detection for § 280.40(a)(3) must be maintained for § 280.43(g)(2)(iv), any liquid in the
piping used to meet the requirements of three years. At a minimum, the results interstitial space not used as part of the
§ 280.41 must be conducted in must list each component tested, interstitial monitoring method (for
accordance with the following: indicate whether each component tested example, brine filled) is immediately
(a) Automatic line leak detectors. meets criteria in § 280.40(a)(3) or needs removed.
Methods which alert the operator to the to have action taken, and describe any (c) Monitoring results, including
presence of a leak by restricting or action taken to correct an issue; and investigation of an alarm, from a release
shutting off the flow of regulated (2) The results of tank tightness detection method required under
substances through piping or triggering testing conducted in accordance with §§ 280.41 and 280.42 that indicate a
an audible or visual alarm may be used § 280.43(c) must be retained until the release may have occurred unless:
only if they detect leaks of 3 gallons per next test is conducted; and (1) The monitoring device is found to
hour at 10 pounds per square inch line be defective, and is immediately
pressure within 1 hour. An annual test (3) The results of tank tightness repaired, recalibrated or replaced, and
of the operation of the leak detector testing, line tightness testing, and vapor additional monitoring does not confirm
must be conducted in accordance with monitoring using a tracer compound the initial result;
§ 280.40(a)(3). placed in the tank system conducted in (2) The leak is contained in the
(b) Line tightness testing. A periodic accordance with § 280.252(d) must be secondary containment and:
test of piping may be conducted only if retained until the next test is conducted; (i) Except as provided for in
it can detect a 0.1 gallon per hour leak and § 280.43(g)(2)(iv), any liquid in the
rate at one and one-half times the (c) Written documentation of all interstitial space not used as part of the
operating pressure. calibration, maintenance, and repair of interstitial monitoring method (for
(c) Applicable tank methods. Except example, brine filled) is immediately
release detection equipment
as described in § 280.41(a), any of the removed; and
permanently located on-site must be (ii) Any defective system equipment
methods in § 280.43(e) through (i) may
maintained for at least one year after the or component is immediately repaired
be used if they are designed to detect a
servicing work is completed, or for or replaced;
release from any portion of the
another reasonable time period (3) In the case of inventory control
underground piping that routinely

contains regulated substances. determined by the implementing described in § 280.43(a), a second
agency. Any schedules of required month of data does not confirm the
§ 280.45 Release detection recordkeeping. calibration and maintenance provided initial result or the investigation
All UST system owners and operators by the release detection equipment determines no release has occurred; or
must maintain records in accordance manufacturer must be retained for five (4) The alarm was investigated and
with § 280.34 demonstrating compliance years from the date of installation. determined to be a non-release event
(for example, from a power surge or likely to be present at the UST site. In Subpart F—Release Response and
caused by filling the tank during release selecting sample types, sample Corrective Action for UST Systems
detection testing). locations, and measurement methods, Containing Petroleum or Hazardous
owners and operators must consider the Substances
§ 280.51 Investigation due to off-site nature of the stored substance, the type
impacts. § 280.60 General.
of initial alarm or cause for suspicion,
When required by the implementing the type of backfill, the depth of Owners and operators of petroleum or
agency, owners and operators of UST groundwater, and other factors hazardous substance UST systems must,
systems must follow the procedures in appropriate for identifying the presence in response to a confirmed release from
§ 280.52 to determine if the UST system and source of the release. the UST system, comply with the
is the source of off-site impacts. These (1) If the test results for the excavation requirements of this subpart except for
impacts include the discovery of zone or the UST site indicate that a USTs excluded under § 280.10(b) and
regulated substances (such as the release has occurred, owners and UST systems subject to RCRA Subtitle C
presence of free product or vapors in operators must begin corrective action corrective action requirements under
soils, basements, sewer and utility lines, in accordance with subpart F of this section 3004(u) of the Resource
and nearby surface and drinking waters) part; Conservation and Recovery Act, as
that has been observed by the (2) If the test results for the excavation amended.
implementing agency or brought to its zone or the UST site do not indicate that § 280.61 Initial response.
attention by another party. a release has occurred, further Upon confirmation of a release in
§ 280.52 Release investigation and investigation is not required. accordance with § 280.52 or after a
confirmation steps. § 280.53 Reporting and cleanup of spills release from the UST system is
Unless corrective action is initiated in and overfills. identified in any other manner, owners
accordance with subpart F, owners and (a) Owners and operators of UST and operators must perform the
operators must immediately investigate systems must contain and immediately following initial response actions within
and confirm all suspected releases of clean up a spill or overfill and report to 24 hours of a release or within another
regulated substances requiring reporting the implementing agency within 24 reasonable period of time determined by
under § 280.50 within 7 days, or another hours, or another reasonable time period the implementing agency:
reasonable time period specified by the specified by the implementing agency, (a) Report the release to the
implementing agency, using either the and begin corrective action in implementing agency (e.g., by telephone
following steps or another procedure accordance with subpart F of this part or electronic mail);
approved by the implementing agency: (b) Take immediate action to prevent
in the following cases:
(a) System test. Owners and operators any further release of the regulated
(1) Spill or overfill of petroleum that
must conduct tests (according to the substance into the environment; and
results in a release to the environment (c) Identify and mitigate fire,
requirements for tightness testing in that exceeds 25 gallons or another
§§ 280.43(c) and 280.44(b) or, as explosion, and vapor hazards.
reasonable amount specified by the
appropriate, secondary containment implementing agency, or that causes a § 280.62 Initial abatement measures and
testing described in § 280.33(d)). sheen on nearby surface water; and site check.
(1) The test must determine whether: (2) Spill or overfill of a hazardous (a) Unless directed to do otherwise by
(i) A leak exists in that portion of the substance that results in a release to the the implementing agency, owners and
tank that routinely contains product, or environment that equals or exceeds its operators must perform the following
the attached delivery piping; or reportable quantity under CERCLA (40 abatement measures:
(ii) A breach of either wall of the CFR part 302). (1) Remove as much of the regulated
secondary containment has occurred. substance from the UST system as is
(2) If the system test confirms a leak Note to paragraph (a). Pursuant to §§ 302.6
and 355.40 of this chapter, a release of a necessary to prevent further release to
into the interstice or a release, owners the environment;
hazardous substance equal to or in excess of
and operators must repair, replace, its reportable quantity must also be reported (2) Visually inspect any aboveground
upgrade, or close the UST system. In immediately (rather than within 24 hours) to releases or exposed belowground
addition, owners and operators must the National Response Center under sections releases and prevent further migration
begin corrective action in accordance 102 and 103 of the Comprehensive of the released substance into
with subpart F of this part if the test Environmental Response, Compensation, and surrounding soils and groundwater;
results for the system, tank, or delivery Liability Act of 1980 and to appropriate state (3) Continue to monitor and mitigate
piping indicate that a release exists. and local authorities under Title III of the any additional fire and safety hazards
(3) Further investigation is not Superfund Amendments and Reauthorization
posed by vapors or free product that
Act of 1986.
required if the test results for the have migrated from the UST excavation
system, tank, and delivery piping do not (b) Owners and operators of UST zone and entered into subsurface
indicate that a release exists and if systems must contain and immediately structures (such as sewers or
environmental contamination is not the clean up a spill or overfill of petroleum basements);
basis for suspecting a release. that is less than 25 gallons or another (4) Remedy hazards posed by
(4) Owners and operators must reasonable amount specified by the contaminated soils that are excavated or
conduct a site check as described in implementing agency, and a spill or exposed as a result of release
paragraph (b) of this section if the test overfill of a hazardous substance that is confirmation, site investigation,
results for the system, tank, and delivery less than the reportable quantity. If abatement, or corrective action
piping do not indicate that a release cleanup cannot be accomplished within activities. If these remedies include
exists but environmental contamination 24 hours, or another reasonable time treatment or disposal of soils, the owner
is the basis for suspecting a release. period established by the implementing and operator must comply with
(b) Site check. Owners and operators agency, owners and operators must applicable state and local requirements;
must measure for the presence of a immediately notify the implementing (5) Measure for the presence of a
release where contamination is most agency. release where contamination is most
likely to be present at the UST site, schedule required by the implementing dissolved product contamination in the
unless the presence and source of the agency. groundwater, owners and operators
release have been confirmed in must conduct investigations of the
accordance with the site check required § 280.64 Free product removal. release, the release site, and the
by § 280.52(b) or the closure site At sites where investigations under surrounding area possibly affected by
assessment of § 280.72(a). In selecting § 280.62(a)(6) indicate the presence of the release if any of the following
sample types, sample locations, and free product, owners and operators must conditions exist:
measurement methods, the owner and remove free product to the maximum (1) There is evidence that
operator must consider the nature of the extent practicable as determined by the groundwater wells have been affected
stored substance, the type of backfill, implementing agency while continuing, by the release (e.g., as found during
depth to groundwater and other factors as necessary, any actions initiated under release confirmation or previous
as appropriate for identifying the §§ 280.61 through 280.63, or preparing corrective action measures);
presence and source of the release; and for actions required under §§ 280.65 (2) Free product is found to need
(6) Investigate to determine the through 280.66. In meeting the recovery in compliance with § 280.64;
possible presence of free product, and requirements of this section, owners and (3) There is evidence that
begin free product removal as soon as operators must: contaminated soils may be in contact
practicable and in accordance with (a) Conduct free product removal in a with groundwater (e.g., as found during
§ 280.64. manner that minimizes the spread of conduct of the initial response measures
(b) Within 20 days after release contamination into previously or investigations required under
confirmation, or within another uncontaminated zones by using §§ 280.60 through 280.64); and
reasonable period of time determined by recovery and disposal techniques
(4) The implementing agency requests
the implementing agency, owners and appropriate to the hydrogeologic
an investigation, based on the potential
operators must submit a report to the conditions at the site, and that properly
effects of contaminated soil or
implementing agency summarizing the treats, discharges or disposes of
groundwater on nearby surface water
initial abatement steps taken under recovery byproducts in compliance with
and groundwater resources.
paragraph (a) of this section and any applicable local, state, and federal
(b) Owners and operators must submit
resulting information or data. regulations;
the information collected under
(b) Use abatement of free product
paragraph (a) of this section as soon as
§ 280.63 Initial site characterization. migration as a minimum objective for
practicable or in accordance with a
(a) Unless directed to do otherwise by the design of the free product removal
schedule established by the
the implementing agency, owners and system;
(c) Handle any flammable products in implementing agency.
operators must assemble information
about the site and the nature of the a safe and competent manner to prevent § 280.66 Corrective action plan.
release, including information gained fires or explosions; and (a) At any point after reviewing the
while confirming the release or (d) Unless directed to do otherwise by information submitted in compliance
completing the initial abatement the implementing agency, prepare and with §§ 280.61 through 280.63, the
measures in §§ 280.60 and 280.61. This submit to the implementing agency, implementing agency may require
information must include, but is not within 45 days after confirming a owners and operators to submit
necessarily limited to the following: release, a free product removal report additional information or to develop
(1) Data on the nature and estimated that provides at least the following and submit a corrective action plan for
quantity of release; information: responding to contaminated soils and
(2) Data from available sources and/or (1) The name of the person(s)
groundwater. If a plan is required,
site investigations concerning the responsible for implementing the free
owners and operators must submit the
following factors: Surrounding product removal measures;
plan according to a schedule and format
populations, water quality, use and (2) The estimated quantity, type, and
established by the implementing
approximate locations of wells thickness of free product observed or
agency. Alternatively, owners and
potentially affected by the release, measured in wells, boreholes, and
operators may, after fulfilling the
subsurface soil conditions, locations of excavations;
requirements of §§ 280.61 through
(3) The type of free product recovery
subsurface sewers, climatological 280.63, choose to submit a corrective
system used;
conditions, and land use; action plan for responding to
(4) Whether any discharge will take
(3) Results of the site check required contaminated soil and groundwater. In
place on-site or off-site during the
under § 280.62(a)(5); and either case, owners and operators are
recovery operation and where this
(4) Results of the free product responsible for submitting a plan that
discharge will be located;
investigations required under provides for adequate protection of
(5) The type of treatment applied to,
§ 280.62(a)(6), to be used by owners and human health and the environment as
and the effluent quality expected from,
operators to determine whether free determined by the implementing
any discharge;
product must be recovered under (6) The steps that have been or are agency, and must modify their plan as
§ 280.64. being taken to obtain necessary permits necessary to meet this standard.
(b) Within 45 days of release for any discharge; and (b) The implementing agency will
confirmation or another reasonable (7) The disposition of the recovered approve the corrective action plan only
period of time determined by the free product. after ensuring that implementation of
implementing agency, owners and the plan will adequately protect human
operators must submit the information § 280.65 Investigations for soil and health, safety, and the environment. In
collected in compliance with paragraph groundwater cleanup. making this determination, the
(a) of this section to the implementing (a) In order to determine the full implementing agency should consider
agency in a manner that demonstrates extent and location of soils the following factors as appropriate:
its applicability and technical adequacy, contaminated by the release and the (1) The physical and chemical
or in a format and according to the presence and concentrations of characteristics of the regulated
substance, including its toxicity, (d) The implementing agency must § 280.71 Permanent closure and changes-
persistence, and potential for migration; give public notice that complies with in-service.
(2) The hydrogeologic characteristics paragraph (a) of this section if (a) At least 30 days before beginning
of the facility and the surrounding area; implementation of an approved either permanent closure or a change-in-
(3) The proximity, quality, and corrective action plan does not achieve service under paragraphs (b) and (c) of
current and future uses of nearby the established cleanup levels in the this section, or within another
surface water and groundwater; plan and termination of that plan is reasonable time period determined by
(4) The potential effects of residual under consideration by the the implementing agency, owners and
contamination on nearby surface water implementing agency. operators must notify the implementing
and groundwater; agency of their intent to permanently
(5) An exposure assessment; and Subpart G—Out-of-Service UST close or make the change-in-service,
(6) Any information assembled in Systems and Closure unless such action is in response to
compliance with this subpart. corrective action. The required
(c) Upon approval of the corrective § 280.70 Temporary closure.
assessment of the excavation zone under
action plan or as directed by the (a) When an UST system is § 280.72 must be performed after
implementing agency, owners and temporarily closed, owners and notifying the implementing agency but
operators must implement the plan, operators must continue operation and before completion of the permanent
including modifications to the plan maintenance of corrosion protection in closure or a change-in-service.
made by the implementing agency. They accordance with § 280.31, and any (b) To permanently close a tank,
must monitor, evaluate, and report the release detection in accordance with owners and operators must empty and
results of implementing the plan in subparts D and K of this part. Subparts clean it by removing all liquids and
accordance with a schedule and in a E and F of this part must be complied accumulated sludges. All tanks taken
format established by the implementing with if a release is suspected or out of service permanently must: be
agency. confirmed. However, release detection removed from the ground, filled with an
(d) Owners and operators may, in the and release detection operation and inert solid material, or closed in place
interest of minimizing environmental maintenance testing and inspections in in a manner approved by the
contamination and promoting more subparts C and D of this part are not implementing agency.
effective cleanup, begin cleanup of soil required as long as the UST system is (c) Continued use of an UST system
and groundwater before the corrective empty. The UST system is empty when to store a non-regulated substance is
action plan is approved provided that all materials have been removed using considered a change-in-service. Before a
they: commonly employed practices so that change-in-service, owners and operators
(1) Notify the implementing agency of no more than 2.5 centimeters (one inch) must empty and clean the tank by
their intention to begin cleanup; of residue, or 0.3 percent by weight of removing all liquid and accumulated
(2) Comply with any conditions the total capacity of the UST system, sludge and conduct a site assessment in
imposed by the implementing agency, remain in the system. In addition, spill accordance with § 280.72.
including halting cleanup or mitigating and overfill operation and maintenance Note to § 280.71. The following cleaning
adverse consequences from cleanup testing and inspections in subpart C of and closure procedures may be used to
activities; and this part are not required. comply with this section:
(3) Incorporate these self-initiated (b) When an UST system is (A) American Petroleum Institute
cleanup measures in the corrective temporarily closed for 3 months or Recommended Practice RP 1604, ‘‘Closure of
action plan that is submitted to the more, owners and operators must also Underground Petroleum Storage Tanks’’;
implementing agency for approval. comply with the following (B) American Petroleum Institute Standard
requirements: 2015, ‘‘Safe Entry and Cleaning of Petroleum
§ 280.67 Public participation. Storage Tanks, Planning and Managing Tank
(a) For each confirmed release that (1) Leave vent lines open and Entry From Decommissioning Through
requires a corrective action plan, the functioning; and Recommissioning’’;
implementing agency must provide (2) Cap and secure all other lines, (C) American Petroleum Institute
notice to the public by means designed pumps, manways, and ancillary Recommended Practice 2016, ‘‘Guidelines
equipment. and Procedures for Entering and Cleaning
to reach those members of the public
Petroleum Storage Tanks’’;
directly affected by the release and the (c) When an UST system is
(D) American Petroleum Institute
planned corrective action. This notice temporarily closed for more than 12 Recommended Practice RP 1631, ‘‘Interior
may include, but is not limited to, months, owners and operators must Lining and Periodic Inspection of
public notice in local newspapers, block permanently close the UST system if it Underground Storage Tanks,’’ may be used as
advertisements, public service does not meet either performance guidance for compliance with this section;
announcements, publication in a state standards in § 280.20 for new UST (E) National Fire Protection Association
register, letters to individual systems or the upgrading requirements Standard 326, ‘‘Standard for the Safeguarding
households, or personal contacts by in § 280.21, except that the spill and of Tanks and Containers for Entry, Cleaning,
overfill equipment requirements do not or Repair’’; and
field staff.
(F) National Institute for Occupational
(b) The implementing agency must have to be met. Owners and operators
Safety and Health Publication 80–106,
ensure that site release information and must permanently close the substandard ‘‘Criteria for a Recommended Standard . . .
decisions concerning the corrective UST systems at the end of this 12-month Working in Confined Space’’ may be used as
action plan are made available to the period in accordance with §§ 280.71 guidance for conducting safe closure
public for inspection upon request. through 280.74, unless the
procedures at some hazardous substance

(c) Before approving a corrective implementing agency provides an tanks.
action plan, the implementing agency extension of the 12-month temporary
may hold a public meeting to consider closure period. Owners and operators § 280.72 Assessing the site at closure or
comments on the proposed corrective must complete a site assessment in change-in-service.
action plan if there is sufficient public accordance with § 280.72 before such an (a) Before permanent closure or a
interest, or for any other reason. extension can be applied for. change-in-service is completed, owners
and operators must measure for the these requirements in accordance with (2) An annual report of tangible net
presence of a release where § 280.91. worth submitted to Dun and Bradstreet;
contamination is most likely to be (c) State and Federal government or
present at the UST site. In selecting entities whose debts and liabilities are (3) Annual reports submitted to the
sample types, sample locations, and the debts and liabilities of a state or the Energy Information Administration or
measurement methods, owners and United States are exempt from the the Rural Utilities Service.
operators must consider the method of requirements of this subpart. Note to the definition of Financial
closure, the nature of the stored (d) The requirements of this subpart reporting year. ‘‘Financial reporting
substance, the type of backfill, the depth do not apply to owners and operators of year’’ may thus comprise a fiscal or a
to groundwater, and other factors any UST system described in calendar year period.
appropriate for identifying the presence § 280.10(b), (c)(1), (c)(3), or (c)(4). Legal defense cost is any expense that
of a release. The requirements of this (e) If the owner and operator of a an owner or operator or provider of
section are satisfied if one of the petroleum underground storage tank are financial assurance incurs in defending
external release detection methods separate persons, only one person is against claims or actions brought:
allowed in § 280.43(e) and (f) is required to demonstrate financial (1) By EPA or a state to require
operating in accordance with the responsibility; however, both parties are corrective action or to recover the costs
requirements in § 280.43 at the time of liable in event of noncompliance. of corrective action;
closure, and indicates no release has (2) By or on behalf of a third party for
§ 280.91 Compliance dates.
occurred. bodily injury or property damage caused
Owners of petroleum underground by an accidental release; or
(b) If contaminated soils, storage tanks must comply with the
contaminated groundwater, or free (3) By any person to enforce the terms
requirements of this subpart. Previously of a financial assurance mechanism.
product as a liquid or vapor is deferred UST systems must comply
discovered under paragraph (a) of this Local government shall have the
with the requirements of this subpart meaning given this term by applicable
section, or by any other manner, owners according to the schedule in
and operators must begin corrective state law and includes Indian tribes.
§ 280.251(a). The term is generally intended to
action in accordance with subpart F of
this part. § 280.92 Definition of terms. include:
(1) Counties, municipalities,
When used in this subpart, the
§ 280.73 Applicability to previously closed following terms shall have the meanings townships, separately chartered and
UST systems.
given below: operated special districts (including
When directed by the implementing Accidental release means any sudden local government public transit systems
agency, the owner and operator of an or nonsudden release of petroleum and redevelopment authorities), and
UST system permanently closed before arising from operating an underground independent school districts authorized
December 22, 1988 must assess the storage tank that results in a need for as governmental bodies by state charter
excavation zone and close the UST corrective action and/or compensation or constitution; and
system in accordance with this subpart for bodily injury or property damage (2) Special districts and independent
if releases from the UST may, in the neither expected nor intended by the school districts established by counties,
judgment of the implementing agency, tank owner or operator. municipalities, townships, and other
pose a current or potential threat to Bodily injury shall have the meaning general purpose governments to provide
human health and the environment. given to this term by applicable state essential services.
law; however, this term shall not Occurrence means an accident,
§ 280.74 Closure records. include those liabilities which, including continuous or repeated
Owners and operators must maintain consistent with standard insurance exposure to conditions, which results in
records in accordance with § 280.34 that industry practices, are excluded from a release from an underground storage
are capable of demonstrating coverage in liability insurance policies tank.
compliance with closure requirements for bodily injury. Note to the definition of Occurrence.
under this subpart. The results of the Chief Financial Officer, in the case of This definition is intended to assist in
excavation zone assessment required in local government owners and operators, the understanding of these regulations
§ 280.72 must be maintained for at least means the individual with the overall and is not intended either to limit the
three years after completion of authority and responsibility for the meaning of ‘‘occurrence’’ in a way that
permanent closure or change-in-service collection, disbursement, and use of conflicts with standard insurance usage
in one of the following ways: funds by the local government. or to prevent the use of other standard
(a) By the owners and operators who Controlling interest means direct insurance terms in place of
took the UST system out of service; ownership of at least 50 percent of the ‘‘occurrence.’’
(b) By the current owners and voting stock of another entity. Owner or operator, when the owner or
operators of the UST system site; or Director of the Implementing Agency operator are separate parties, refers to
(c) By mailing these records to the means the EPA Regional Administrator, the party that is obtaining or has
implementing agency if they cannot be or, in the case of a state with a program obtained financial assurances.
maintained at the closed facility. approved under section 9004, the Petroleum marketing facilities include
Director of the designated state or local all facilities at which petroleum is
Subpart H—Financial Responsibility agency responsible for carrying out an produced or refined and all facilities
approved UST program. from which petroleum is sold or
§ 280.90 Applicability. Financial reporting year means the transferred to other petroleum marketers
(a) This subpart applies to owners and latest consecutive twelve-month period or to the public.
operators of all petroleum underground for which any of the following reports Property damage shall have the
storage tank (UST) systems except as used to support a financial test is meaning given this term by applicable
otherwise provided in this section. prepared: state law. This term shall not include
(b) Owners and operators of (1) A 10–K report submitted to the those liabilities which, consistent with
petroleum UST systems are subject to SEC; standard insurance industry practices,
are excluded from coverage in liability accidental releases arising from the of petroleum underground storage tanks
insurance policies for property damage. operation of petroleum underground for which assurance must be provided
However, such exclusions for property storage tanks in at least the following exceeds 100, the owner or operator shall
damage shall not include corrective per-occurrence amounts: demonstrate financial responsibility in
action associated with releases from (1) For owners or operators of the amount of at least $2 million of
tanks which are covered by the policy. petroleum underground storage tanks annual aggregate assurance by the
Provider of financial assurance means that are located at petroleum marketing anniversary of the date on which the
an entity that provides financial facilities, or that handle an average of mechanism demonstrating financial
assurance to an owner or operator of an more than 10,000 gallons of petroleum responsibility became effective. If
underground storage tank through one per month based on annual throughput assurance is being demonstrated by a
of the mechanisms listed in §§ 280.95 for the previous calendar year; $1 combination of mechanisms, the owner
through 280.107, including a guarantor, million. or operator shall demonstrate financial
insurer, risk retention group, surety, (2) For all other owners or operators responsibility in the amount of at least
issuer of a letter of credit, issuer of a of petroleum underground storage tanks; $2 million of annual aggregate assurance
state-required mechanism, or a state. $500,000. by the first-occurring effective date
Substantial business relationship (b) Owners or operators of petroleum anniversary of any one of the
means the extent of a business underground storage tanks must mechanisms combined (other than a
relationship necessary under applicable demonstrate financial responsibility for financial test or guarantee) to provide
state law to make a guarantee contract taking corrective action and for assurance.
issued incident to that relationship compensating third parties for bodily (g) The amounts of assurance required
valid and enforceable. A guarantee injury and property damage caused by under this section exclude legal defense
contract is issued ‘‘incident to that accidental releases arising from the costs.
relationship’’ if it arises from and operation of petroleum underground (h) The required per-occurrence and
depends on existing economic storage tanks in at least the following annual aggregate coverage amounts do
transactions between the guarantor and annual aggregate amounts: not in any way limit the liability of the
the owner or operator. (1) For owners or operators of 1 to 100 owner or operator.
Substantial governmental relationship petroleum underground storage tanks,
means the extent of a governmental $1 million; and § 280.94 Allowable mechanisms and
relationship necessary under applicable (2) For owners or operators of 101 or combinations of mechanisms.
state law to make an added guarantee more petroleum underground storage (a) Subject to the limitations of
contract issued incident to that tanks, $2 million. paragraphs (b) and (c) of this section:
relationship valid and enforceable. A (c) For the purposes of paragraphs (b) (1) An owner or operator, including a
guarantee contract is issued ‘‘incident to and (f) of this section, only, ‘‘a local government owner or operator,
that relationship’’ if it arises from a clear petroleum underground storage tank’’ may use any one or combination of the
commonality of interest in the event of means a single containment unit and mechanisms listed in §§ 280.95 through
an UST release such as coterminous does not mean combinations of single 280.103 to demonstrate financial
boundaries, overlapping constituencies, containment units. responsibility under this subpart for one
common groundwater aquifer, or other (d) Except as provided in paragraph or more underground storage tanks; and
relationship other than monetary (e) of this section, if the owner or (2) A local government owner or
compensation that provides a operator uses separate mechanisms or operator may use any one or
motivation for the guarantor to provide separate combinations of mechanisms to combination of the mechanisms listed
a guarantee. demonstrate financial responsibility for: in §§ 280.104 through 280.107 to
Tangible net worth means the tangible (1) Taking corrective action; demonstrate financial responsibility
assets that remain after deducting (2) Compensating third parties for under this subpart for one or more
liabilities; such assets do not include bodily injury and property damage underground storage tanks.
intangibles such as goodwill and rights caused by sudden accidental releases; or (b) An owner or operator may use a
to patents or royalties. For purposes of (3) Compensating third parties for guarantee under § 280.96 or surety bond
this definition, ‘‘assets’’ means all bodily injury and property damage under § 280.98 to establish financial
existing and all probable future caused by nonsudden accidental responsibility only if the Attorney(s)
economic benefits obtained or releases, the amount of assurance General of the state(s) in which the
controlled by a particular entity as a provided by each mechanism or underground storage tanks are located
result of past transactions. combination of mechanisms must be in has (have) submitted a written statement
Termination under § 280.97(b)(1) and the full amount specified in paragraphs to the implementing agency that a
(2) means only those changes that could (a) and (b) of this section. guarantee or surety bond executed as
result in a gap in coverage as where the (e) If an owner or operator uses described in this section is a legally
insured has not obtained substitute separate mechanisms or separate valid and enforceable obligation in that
coverage or has obtained substitute combinations of mechanisms to state.
coverage with a different retroactive demonstrate financial responsibility for (c) An owner or operator may use self-
date than the retroactive date of the different petroleum underground insurance in combination with a
original policy. storage tanks, the annual aggregate guarantee only if, for the purpose of
required shall be based on the number meeting the requirements of the
§ 280.93 Amount and scope of required of tanks covered by each such separate financial test under this rule, the
financial responsibility. mechanism or combination of
financial statements of the owner or

(a) Owners or operators of petroleum mechanisms. operator are not consolidated with the
underground storage tanks must (f) Owners or operators shall review financial statements of the guarantor.
demonstrate financial responsibility for the amount of aggregate assurance
taking corrective action and for provided whenever additional § 280.95 Financial test of self-insurance.
compensating third parties for bodily petroleum underground storage tanks (a) An owner or operator, and/or
injury and property damage caused by are acquired or installed. If the number guarantor, may satisfy the requirements
of § 280.93 by passing a financial test as ‘‘amount of liability coverage’’ each time occurrence and [insert: dollar amount]
specified in this section. To pass the specified in that section. annual aggregate arising from operating
financial test of self-insurance, the (2) The fiscal year-end financial (an) underground storage tank(s).
owner or operator, and/or guarantor statements of the owner or operator,
Underground storage tanks at the
must meet the criteria of paragraph (b) and/or guarantor, must be examined by
following facilities are assured by this
or (c) of this section based on year-end an independent certified public
accountant and be accompanied by the financial test or a financial test under an
financial statements for the latest
accountant’s report of the examination. authorized State program by this [insert:
completed fiscal year.
(3) The firm’s year-end financial ‘‘owner or operator,’’ and/or
(b)(1) The owner or operator, and/or
statements cannot include an adverse ‘‘guarantor’’]: [List for each facility: the
guarantor, must have a tangible net
auditor’s opinion, a disclaimer of name and address of the facility where
worth of at least ten times:
opinion, or a ‘‘going concern’’ tanks assured by this financial test are
(i) The total of the applicable
aggregate amount required by § 280.93, qualification. located, and whether tanks are assured
based on the number of underground (4) The owner or operator, and/or by this financial test or a financial test
storage tanks for which a financial test guarantor, must have a letter signed by under a State program approved under
is used to demonstrate financial the chief financial officer, worded as 40 CFR part 281. If separate mechanisms
responsibility to EPA under this section specified in paragraph (d) of this or combinations of mechanisms are
or to a state implementing agency under section. being used to assure any of the tanks at
a state program approved by EPA under (5) If the financial statements of the this facility, list each tank assured by
40 CFR part 281; owner or operator, and/or guarantor, are this financial test or a financial test
(ii) The sum of the corrective action not submitted annually to the U.S. under a State program authorized under
cost estimates, the current closure and Securities and Exchange Commission, 40 CFR part 281 by the tank
post-closure care cost estimates, and the Energy Information Administration identification number provided in the
amount of liability coverage for which a or the Rural Utilities Service, the owner notification submitted pursuant to 40
financial test is used to demonstrate or operator, and/or guarantor, must CFR 280.22 or the corresponding State
financial responsibility to EPA under 40 obtain a special report by an requirements.]
CFR 264.101, 264.143, 264.145, 265.143, independent certified public accountant
stating that: A [insert: ‘‘financial test,’’ and/or
265.145, 264.147, and 265.147 or to a ‘‘guarantee’’] is also used by this [insert:
(i) He has compared the data that the
state implementing agency under a state ‘‘owner or operator,’’ or ‘‘guarantor’’] to
letter from the chief financial officer
program authorized by EPA under 40 demonstrate evidence of financial
specifies as having been derived from
CFR part 271; and responsibility in the following amounts
the latest year-end financial statements
(iii) The sum of current plugging and under other EPA regulations or state
of the owner or operator, and/or
abandonment cost estimates for which a programs authorized by EPA under 40
guarantor, with the amounts in such
financial test is used to demonstrate CFR parts 271 and 145:
financial statements; and
financial responsibility to EPA under 40 (ii) In connection with that
CFR 144.63 or to a state implementing comparison, no matters came to his EPA Regulations Amount
agency under a state program authorized attention which caused him to believe
by EPA under 40 CFR part 145. that the specified data should be Closure (§§ 264.143 and 265.143) $ll
(2) The owner or operator, and/or adjusted. Post-Closure Care (§§ 264.145
guarantor, must have a tangible net (d) To demonstrate that it meets the and 265.145) ............................. $ll
worth of at least $10 million. financial test under paragraph (b) or (c) Liability Coverage (§§ 264.147
(3) The owner or operator, and/or of this section, the chief financial officer and 265.147) ............................. $ll
guarantor, must have a letter signed by Corrective Action (§ 264.101(b)) $ll
of the owner or operator, or guarantor,
the chief financial officer worded as Plugging and Abandonment
must sign, within 120 days of the close
specified in paragraph (d) of this (§ 144.63) .................................. $ll
of each financial reporting year, as
section. Closure ......................................... $ll
defined by the twelve-month period for Post-Closure Care ......................... $ll
(4) The owner or operator, and/or which financial statements used to
guarantor, must either: Liability Coverage ........................ $ll
support the financial test are prepared, Corrective Action ......................... $ll
(i) File financial statements annually a letter worded exactly as follows,
with the U.S. Securities and Exchange Plugging and Abandonment ....... $ll
except that the instructions in brackets Total ...................................... $ll
Commission, the Energy Information are to be replaced by the relevant
Administration, or the Rural Utilities information and the brackets deleted: This [insert: ‘‘owner or operator,’’ or
Service; or ‘‘guarantor’’] has not received an
(ii) Report annually the firm’s tangible Letter From Chief Financial Officer
adverse opinion, a disclaimer of
net worth to Dun and Bradstreet, and I am the chief financial officer of opinion, or a ‘‘going concern’’
Dun and Bradstreet must have assigned [insert: name and address of the owner qualification from an independent
the firm a financial strength rating of 4A or operator, or guarantor]. This letter is auditor on his financial statements for
or 5A. in support of the use of [insert: ‘‘the
the latest completed fiscal year.
(5) The firm’s year-end financial financial test of self-insurance,’’ and/or
statements, if independently audited, ‘‘guarantee’’] to demonstrate financial [Fill in the information for Alternative
cannot include an adverse auditor’s responsibility for [insert: ‘‘taking I if the criteria of paragraph (b) of
opinion, a disclaimer of opinion, or a corrective action’’ and/or § 280.95 are being used to demonstrate
‘‘going concern’’ qualification. ‘‘compensating third parties for bodily compliance with the financial test
(c)(1) The owner or operator, and/or injury and property damage’’] caused by requirements. Fill in the information for
guarantor must meet the financial test [insert: ‘‘sudden accidental releases’’ or Alternative II if the criteria of paragraph
requirements of 40 CFR 264.147(f)(1), ‘‘nonsudden accidental releases’’ or (c) of § 280.95 are being used to
substituting the appropriate amounts ‘‘accidental releases’’] in the amount of demonstrate compliance with the
specified in § 280.93(b)(1) and (2) for the at least [insert: dollar amount] per financial test requirements.]
Alternative I Alternative I statements, or within 30 days of

notification by the Director of the
1. Amount of annual UST aggre- 10. Are at least 90 percent of as- implementing agency that he or she no
gate coverage being assured by sets located in the U.S.? [If longer meets the requirements of the
a financial test, and/or guar- ‘‘No,’’ complete line 11.] ......... ll financial test, the owner or operator
antee ......................................... $ll 11. Is line 7 at least 6 times line
3? [Fill in either lines 12–15
must notify the Director of such failure
2. Amount of corrective action,
closure and post-closure care or lines 16–18:] ........................ ll within 10 days.
costs, liability coverage, and Yes No § 280.96 Guarantee.
plugging and abandonment 12. Current assets ........................ $ll
costs covered by a financial 13. Current liabilities .................. $ll (a) An owner or operator may satisfy
test, and/or guarantee .............. $ll 14. Net working capital [subtract the requirements of § 280.93 by
3. Sum of lines 1 and 2 ............... $ll line 13 from line 12] ................ $ll obtaining a guarantee that conforms to
4. Total tangible assets ................ $ll Yes No the requirements of this section. The
5. Total liabilities [if any of the 15. Is line 14 at least 6 times guarantor must be:
amount reported on line 3 is line 3? ....................................... ll
(1) A firm that:
included in total liabilities, 16. Current bond rating of most
you may deduct that amount recent bond issue ..................... ll (i) Possesses a controlling interest in
from this line and add that 17. Name of rating service .......... l l the owner or operator;
amount to line 6] ..................... $ll 18. Date of maturity of bond ....... ll (ii) Possesses a controlling interest in
6. Tangible net worth [subtract 19. Have financial statements for a firm described under paragraph
line 5 from line 4] .................... $ll the latest fiscal year been filed (a)(1)(i) of this section; or,
Yes No with the SEC, the Energy In-
formation Administration, or (iii) Is controlled through stock
7. Is line 6 at least $10 million? ll
the Rural Utilities Service? ..... l l ownership by a common parent firm
8. Is line 6 at least 10 times line
that possesses a controlling interest in
3? ............................................... ll [If ‘‘No,’’ please attach a report from
9. Have financial statements for
the owner or operator; or,
an independent certified public
the latest fiscal year been filed accountant certifying that there are no (2) A firm engaged in a substantial
with the Securities and Ex- material differences between the data as business relationship with the owner or
change Commission? ............... l l reported in lines 4–18 above and the operator and issuing the guarantee as an
10. Have financial statements for act incident to that business
the latest fiscal year been filed
financial statements for the latest fiscal
year.] relationship.
with the Energy Information
Administration? ....................... ll [For both Alternative I and (b) Within 120 days of the close of
11. Have financial statements for Alternative II complete the certification each financial reporting year the
the latest fiscal year been filed with this statement.] guarantor must demonstrate that it
with the Rural Utilities Serv- I hereby certify that the wording of meets the financial test criteria of
ice? ............................................ l l this letter is identical to the wording § 280.95 based on year-end financial
12. Has financial information specified in 40 CFR 280.95(d) as such statements for the latest completed
been provided to Dun and regulations were constituted on the date financial reporting year by completing
Bradstreet, and has Dun and shown immediately below. the letter from the chief financial officer
Bradstreet provided a financial described in § 280.95(d) and must
strength rating of 4A or 5A? [Signature]
[Name] deliver the letter to the owner or
[Answer ‘‘Yes’’ only if both
criteria have been met.] ........... ................ [Title] operator. If the guarantor fails to meet
Alternative II [Date] the requirements of the financial test at
1. Amount of annual UST aggre- (e) If an owner or operator using the the end of any financial reporting year,
gate coverage being assured by test to provide financial assurance finds within 120 days of the end of that
a test, and/or guarantee ........... $ll that he or she no longer meets the financial reporting year the guarantor
2. Amount of corrective action, requirements of the financial test based shall send by certified mail, before
closure and post-closure care on the year-end financial statements, the cancellation or nonrenewal of the
costs, liability coverage, and guarantee, notice to the owner or
owner or operator must obtain
plugging and abandonment operator. If the Director of the
costs covered by a financial alternative coverage within 150 days of
the end of the year for which financial implementing agency notifies the
test, and/or guarantee .............. $ll
guarantor that he no longer meets the
3. Sum of lines 1 and 2 ............... $ll statements have been prepared.
4. Total tangible assets ................ $ll (f) The Director of the implementing requirements of the financial test of
5. Total liabilities [if any of the agency may require reports of financial § 280.95(b) or (c) and (d), the guarantor
amount reported on line 3 is condition at any time from the owner or must notify the owner or operator
included in total liabilities, operator, and/or guarantor. If the within 10 days of receiving such
you may deduct that amount Director finds, on the basis of such notification from the Director. In both
from this line and add that reports or other information, that the cases, the guarantee will terminate no
amount to line 6] ..................... $ll owner or operator, and/or guarantor, no less than 120 days after the date the
6. Tangible net worth [subtract owner or operator receives the
longer meets the financial test
line 5 from line 4] .................... $ll notification, as evidenced by the return
7. Total assets in the U.S. [re- requirements of § 280.95(b) or (c) and
(d), the owner or operator must obtain receipt. The owner or operator must
quired only if less than 90 per-
alternate coverage within 30 days after obtain alternative coverage as specified
cent of assets are located in

the U.S.] .................................... $ll notification of such a finding. in § 280.114(e).
Yes No (g) If the owner or operator fails to (c) The guarantee must be worded as
8. Is line 6 at least $10 million? l l obtain alternate assurance within 150 follows, except that instructions in
l l days of finding that he or she no longer brackets are to be replaced with the
9. Is line 6 at least 6 times line meets the requirements of the financial relevant information and the brackets
3? ............................................... l l test based on the year-end financial deleted:
Guarantee fund in accordance with the provisions (8) The guarantor’s obligation does
Guarantee made this [date] by [name of 40 CFR 280.112, in an amount not to not apply to any of the following:
of guaranteeing entity], a business entity exceed the coverage limits specified (a) Any obligation of [insert owner or
organized under the laws of the state of above. operator] under a workers’
[name of state], herein referred to as In the event that the [Director] compensation, disability benefits, or
guarantor, to [the state implementing determines that [owner or operator] has unemployment compensation law or
agency] and to any and all third parties, failed to perform corrective action for other similar law;
and obligees, on behalf of [owner or releases arising out of the operation of (b) Bodily injury to an employee of
operator] of [business address]. the above-identified tank(s) in [insert owner or operator] arising from,
Recitals. accordance with 40 CFR part 280,
(1) Guarantor meets or exceeds the and in the course of, employment by
subpart F, the guarantor upon written [insert owner or operator];
financial test criteria of 40 CFR instructions from the [Director] shall
280.95(b) or (c) and (d) and agrees to (c) Bodily injury or property damage
fund a standby trust in accordance with arising from the ownership,
comply with the requirements for the provisions of 40 CFR 280.112, in an
guarantors as specified in 40 CFR maintenance, use, or entrustment to
amount not to exceed the coverage others of any aircraft, motor vehicle, or
280.96(b). limits specified above.
(2) [Owner or operator] owns or If [owner or operator] fails to satisfy watercraft;
operates the following underground a judgment or award based on a (d) Property damage to any property
storage tank(s) covered by this determination of liability for bodily owned, rented, loaded to, in the care,
guarantee: [List the number of tanks at injury or property damage to third custody, or control of, or occupied by
each facility and the name(s) and parties caused by [‘‘sudden’’ and/or [insert owner or operator] that is not the
address(es) of the facility(ies) where the ‘‘nonsudden’’] accidental releases direct result of a release from a
tanks are located. If more than one arising from the operation of the above- petroleum underground storage tank;
instrument is used to assure different identified tank(s), or fails to pay an (e) Bodily damage or property damage
tanks at any one facility, for each tank amount agreed to in settlement of a for which [insert owner or operator] is
covered by this instrument, list the tank claim arising from or alleged to arise obligated to pay damages by reason of
identification number provided in the from such injury or damage, the the assumption of liability in a contract
notification submitted pursuant to 40 guarantor, upon written instructions or agreement other than a contract or
CFR 280.22 or the corresponding state from the [Director], shall fund a standby agreement entered into to meet the
requirement, and the name and address trust in accordance with the provisions requirements of 40 CFR 280.93.
of the facility.] This guarantee satisfies of 40 CFR 280.112 to satisfy such (9) Guarantor expressly waives notice
40 CFR part 280, subpart H judgment(s), award(s), or settlement of acceptance of this guarantee by [the
requirements for assuring funding for agreement(s) up to the limits of coverage implementing agency], by any or all
[insert: ‘‘taking corrective action’’ and/ specified above. third parties, or by [owner or operator].
or ‘‘compensating third parties for (4) Guarantor agrees that if, at the end I hereby certify that the wording of
bodily injury and property damage of any fiscal year before cancellation of this guarantee is identical to the
caused by’’ either ‘‘sudden accidental this guarantee, the guarantor fails to wording specified in 40 CFR 280.96(c)
releases’’ or ‘‘nonsudden accidental meet the financial test criteria of 40 CFR as such regulations were constituted on
releases’’ or ‘‘accidental releases’’; if 280.95(b) or (c) and (d), guarantor shall the effective date shown immediately
coverage is different for different tanks send within 120 days of such failure, by below.
or locations, indicate the type of certified mail, notice to [owner or Effective date:llllllllllll
coverage applicable to each tank or operator]. The guarantee will terminate
location] arising from operating the [Name of guarantor]
120 days from the date of receipt of the
above-identified underground storage notice by [owner or operator], as [Authorized signature for guarantor]
tank(s) in the amount of [insert dollar evidenced by the return receipt. [Name of person signing]
amount] per occurrence and [insert (5) Guarantor agrees to notify [owner [Title of person signing]
dollar amount] annual aggregate. or operator] by certified mail of a lllllllllllllllllllll
(3) [Insert appropriate phrase: ‘‘On voluntary or involuntary proceeding
behalf of our subsidiary’’ (if guarantor is under Title 11 (Bankruptcy), U.S. Code Signature of witness or notary:
corporate parent of the owner or naming guarantor as debtor, within 10 (d) An owner or operator who uses a
operator); ‘‘On behalf of our affiliate’’ (if days after commencement of the guarantee to satisfy the requirements of
guarantor is a related firm of the owner proceeding. § 280.93 must establish a standby trust
or operator); or ‘‘Incident to our (6) Guarantor agrees to remain bound fund when the guarantee is obtained.
business relationship with’’ (if guarantor under this guarantee notwithstanding Under the terms of the guarantee, all
is providing the guarantee as an any modification or alteration of any amounts paid by the guarantor under
incident to a substantial business obligation of [owner or operator] the guarantee will be deposited directly
relationship with owner or operator)] pursuant to 40 CFR part 280. into the standby trust fund in
[owner or operator], guarantor (7) Guarantor agrees to remain bound accordance with instructions from the
guarantees to [implementing agency] under this guarantee for so long as Director of the implementing agency
and to any and all third parties that: [owner or operator] must comply with under § 280.112. This standby trust fund
In the event that [owner or operator] the applicable financial responsibility must meet the requirements specified in
fails to provide alternative coverage requirements of 40 CFR part 280, § 280.103.
within 60 days after receipt of a notice subpart H for the above-identified
of cancellation of this guarantee and the tank(s), except that guarantor may § 280.97 Insurance and risk retention
[Director of the implementing agency] cancel this guarantee by sending notice group coverage.
has determined or suspects that a by certified mail to [owner or operator], (a) An owner or operator may satisfy
release has occurred at an underground such cancellation to become effective no the requirements of § 280.93 by
storage tank covered by this guarantee, earlier than 120 days after receipt of obtaining liability insurance that
the guarantor, upon instructions from such notice by [owner or operator], as conforms to the requirements of this
the [Director], shall fund a standby trust evidenced by the return receipt. section from a qualified insurer or risk
retention group. Such insurance may be type of coverage applicable to each tank e. The insurance covers claims
in the form of a separate insurance or location] arising from operating the otherwise covered by the policy that are
policy or an endorsement to an existing underground storage tank(s) identified reported to the [‘‘Insurer’’ or ‘‘Group’’]
insurance policy. above. within six months of the effective date
(b) Each insurance policy must be The limits of liability are [insert the of cancellation or non-renewal of the
amended by an endorsement worded as dollar amount of the ‘‘each Occurrence’’ policy except where the new or renewed
specified in paragraph (b)(1) of this and ‘‘annual aggregate’’ limits of the policy has the same retroactive date or
section, or evidenced by a certificate of Insurer’s or Group’s liability; if the a retroactive date earlier than that of the
insurance worded as specified in amount of coverage is different for prior policy, and which arise out of any
paragraph (b)(2) of this section, except different types of coverage or for covered occurrence that commenced
that instructions in brackets must be different underground storage tanks or after the policy retroactive date, if
replaced with the relevant information locations, indicate the amount of applicable, and prior to such policy
and the brackets deleted: coverage for each type of coverage and/ renewal or termination date. Claims
(1) Endorsement. or for each underground storage tank or reported during such extended reporting
location], exclusive of legal defense period are subject to the terms,
Name: [name of each covered location]
lllllllllllllllllllll
costs, which are subject to a separate conditions, limits, including limits of
lllllllllllllllllllll limit under the policy. This coverage is liability, and exclusions of the policy.]
provided under [policy number]. The I hereby certify that the wording of
Address: [address of each covered
effective date of said policy is [date]. this instrument is identical to the
location] 2. The insurance afforded with
lllllllllllllllllllll wording in 40 CFR 280.97(b)(1) and that
lllllllllllllllllllll respect to such occurrences is subject to the [‘‘Insurer’’ or ‘‘Group’’] is [‘‘licensed
all of the terms and conditions of the to transact the business of insurance or
Policy Number: policy; provided, however, that any
lllllllllllllllllllll eligible to provide insurance as an
lllllllllllllllllllll provisions inconsistent with excess or surplus lines insurer in one or
subsections (a) through (e) of this more states’’].
Period of Coverage: [current policy Paragraph 2 are hereby amended to
period] [Signature of authorized representative
conform with subsections (a) through
lllllllllllllllllllll of Insurer or Risk Retention Group]
lllllllllllllllllllll (e);
a. Bankruptcy or insolvency of the [Name of person signing]
lllllllllllllllllllll [Title of person signing], Authorized
insured shall not relieve the [‘‘Insurer’’
lllllllllllllllllllll Representative of [name of Insurer
or ‘‘Group’’] of its obligations under the
Address of [Insurer or Risk Retention policy to which this endorsement is or Risk Retention Group]
Group]: attached. [Address of Representative]
lllllllllllllllllllll b. The [‘‘Insurer’’ or ‘‘Group’’] is liable (2) Certificate of Insurance.
for the payment of amounts within any Name: [name of each covered location]
Name of Insured: deductible applicable to the policy to lllllllllllllllllllll
lllllllllllllllllllll the provider of corrective action or a lllllllllllllllllllll
damaged third-party, with a right of Address: [address of each covered
Address of Insured: reimbursement by the insured for any
location]
such payment made by the [‘‘Insurer’’ or lllllllllllllllllllll
‘‘Group’’]. This provision does not apply lllllllllllllllllllll
Endorsement: with respect to that amount of any Policy Number:
1. This endorsement certifies that the deductible for which coverage is lllllllllllllllllllll
policy to which the endorsement is demonstrated under another mechanism lllllllllllllllllllll
attached provides liability insurance or combination of mechanisms as Endorsement (if applicable):
covering the following underground specified in 40 CFR 280.95–280.102 and lllllllllllllllllllll
storage tanks: 280.104–280.107. lllllllllllllllllllll
[List the number of tanks at each c. Whenever requested by [a Director Period of Coverage: [current policy
facility and the name(s) and address(es) of an implementing agency], the period]
of the facility(ies) where the tanks are [‘‘Insurer’’ or ‘‘Group’’] agrees to furnish lllllllllllllllllllll
located. If more than one instrument is to [the Director] a signed duplicate lllllllllllllllllllll
used to assure different tanks at any one original of the policy and all Name of [Insurer or Risk Retention
facility, for each tank covered by this endorsements. Group]:
d. Cancellation or any other lllllllllllllllllllll
instrument, list the tank identification lllllllllllllllllllll
number provided in the notification termination of the insurance by the
Address of [Insurer or Risk Retention
submitted pursuant to 40 CFR 280.22, or [‘‘Insurer’’ or ‘‘Group’’], except for non-
Group]:
the corresponding state requirement, payment of premium or lllllllllllllllllllll
and the name and address of the misrepresentation by the insured, will lllllllllllllllllllll
facility.] for [insert: ‘‘taking corrective be effective only upon written notice Name of Insured:
action’’ and/or ‘‘compensating third and only after the expiration of 60 days lllllllllllllllllllll
parties for bodily injury and property after a copy of such written notice is lllllllllllllllllllll
damage caused by’’ either ‘‘sudden received by the insured. Cancellation for Address of Insured:
accidental releases’’ or ‘‘nonsudden non-payment of premium or lllllllllllllllllllll
accidental releases’’ or ‘‘accidental misrepresentation by the insured will be lllllllllllllllllllll

releases’’; in accordance with and effective only upon written notice and lllllllllllllllllllll
subject to the limits of liability, only after expiration of a minimum of Certification:
exclusions, conditions, and other terms 10 days after a copy of such written 1. [Name of Insurer or Risk Retention
of the policy; if coverage is different for notice is received by the insured. Group], [the ‘‘Insurer’’ or ‘‘Group’’], as
different tanks or locations, indicate the [Insert for claims-made policies: identified above, hereby certifies that it
has issued liability insurance covering original of the policy and all brackets must be replaced with the
the following underground storage endorsements. relevant information and the brackets
tank(s): d. Cancellation or any other deleted:
[List the number of tanks at each termination of the insurance by the
[‘‘Insurer’’ or ‘‘Group’’], except for non- Performance Bond
facility and the name(s) and address(es)
of the facility(ies) where the tanks are payment of premium or Date bond executed:
located. If more than one instrument is misrepresentation by the insured, will lllllllllllllllllllll
used to assure different tanks at any one be effective only upon written notice Period of coverage:
facility, for each tank covered by this and only after the expiration of 60 days lllllllllllllllllllll
instrument, list the tank identification after a copy of such written notice is Principal: [legal name and business
number provided in the notification received by the insured. Cancellation for address of owner or operator]
submitted pursuant to 40 CFR 280.22, or non-payment of premium or lllllllllllllllllllll
the corresponding state requirement, misrepresentation by the insured will be
effective only upon written notice and Type of organization: [insert
and the name and address of the
only after expiration of a minimum of ‘‘individual,’’ ‘‘joint venture,’’
facility.] for [insert: ‘‘taking corrective
10 days after a copy of such written ‘‘partnership,’’ or ‘‘corporation’’]
action’’ and/or ‘‘compensating third lllllllllllllllllllll
parties for bodily injury and property notice is received by the insured.
damage caused by’’ either ‘‘sudden [Insert for claims-made policies]: State of incorporation (if applicable):
e. The insurance covers claims lllllllllllllllllllll
accidental releases’’ or ‘‘nonsudden
accidental releases’’ or ‘‘accidental otherwise covered by the policy that are Surety(ies): [name(s) and business
releases’’; in accordance with and reported to the [‘‘Insurer’’ or ‘‘Group’’] address(es)]
subject to the limits of liability, within six months of the effective date lllllllllllllllllllll
exclusions, conditions, and other terms of cancellation or non-renewal of the Scope of Coverage: [List the number of
of the policy; if coverage is different for policy except where the new or renewed tanks at each facility and the
different tanks or locations, indicate the policy has the same retroactive date or name(s) and address(es) of the
type of coverage applicable to each tank a retroactive date earlier than that of the facility(ies) where the tanks are
or location] arising from operating the prior policy, and which arise out of any located. If more than one
underground storage tank(s) identified covered occurrence that commenced instrument is used to assure
above. after the policy retroactive date, if different tanks at any one facility,
The limits of liability are [insert the applicable, and prior to such policy for each tank covered by this
dollar amount of the ‘‘each occurrence’’ renewal or termination date. Claims instrument, list the tank
and ‘‘annual aggregate’’ limits of the reported during such extended reporting identification number provided in
Insurer’s or Group’s liability; if the period are subject to the terms, the notification submitted pursuant
amount of coverage is different for conditions, limits, including limits of to 40 CFR 280.22, or the
different types of coverage or for liability, and exclusions of the policy.] corresponding state requirement,
different underground storage tanks or I hereby certify that the wording of and the name and address of the
locations, indicate the amount of this instrument is identical to the facility. List the coverage
coverage for each type of coverage and/ wording in 40 CFR 280.97(b)(2) and that guaranteed by the bond: ‘‘taking
or for each underground storage tank or the [‘‘Insurer’’ or ‘‘Group’’] is [‘‘licensed corrective action’’ and/or
location], exclusive of legal defense to transact the business of insurance, or ‘‘compensating third parties for
costs, which are subject to a separate eligible to provide insurance as an bodily injury and property damage
limit under the policy. This coverage is excess or surplus lines insurer, in one caused by’’ either ‘‘sudden
provided under [policy number]. The or more states’’]. accidental releases’’ or ‘‘nonsudden
effective date of said policy is [date]. [Signature of authorized representative accidental releases’’ or ‘‘accidental
2. The [‘‘Insurer’’ or ‘‘Group’’] further of Insurer] releases’’ ‘‘arising from operating
[Type name] the underground storage Tank’’].
certifies the following with respect to [Title], Authorized Representative of
the insurance described in Paragraph 1: [name of Insurer or Risk Retention Penal sums of bond:
a. Bankruptcy or insolvency of the Group] Per occurrence $
insured shall not relieve the [‘‘Insurer’’ [Address of Representative] lllllllllllllllllllll
or ‘‘Group’’] of its obligations under the (c) Each insurance policy must be
policy to which this certificate applies. Annual aggregate $
issued by an insurer or a risk retention lllllllllllllllllllll
b. The [‘‘Insurer’’ or ‘‘Group’’] is liable group that, at a minimum, is licensed to
for the payment of amounts within any Surety’s bond number:
transact the business of insurance or lllllllllllllllllllll
deductible applicable to the policy to eligible to provide insurance as an
the provider of corrective action or a excess or surplus lines insurer in one or Know All Persons by These Presents,
damaged third-party, with a right of more states. that we, the Principal and Surety(ies),
reimbursement by the insured for any hereto are firmly bound to [the
such payment made by the [‘‘Insurer’’ or § 280.98 Surety bond. implementing agency], in the above
‘‘Group’’]. This provision does not apply (a) An owner or operator may satisfy penal sums for the payment of which
with respect to that amount of any the requirements of § 280.93 by we bind ourselves, our heirs, executors,
deductible for which coverage is obtaining a surety bond that conforms to administrators, successors, and assigns
demonstrated under another mechanism the requirements of this section. The jointly and severally; provided that,
or combination of mechanisms as where the Surety(ies) are corporations
surety company issuing the bond must

specified in 40 CFR 280.95–280.102 and be among those listed as acceptable acting as co-sureties, we, the Sureties,
280.104–280.107. sureties on federal bonds in the latest bind ourselves in such sums jointly and
c. Whenever requested by [a Director Circular 570 of the U.S. Department of severally only for the purpose of
of an implementing agency], the the Treasury. allowing a joint action or actions against
[‘‘Insurer’’ or ‘‘Group’’] agrees to furnish (b) The surety bond must be worded any or all of us, and for all other
to [the Director] a signed duplicate as follows, except that instructions in purposes each Surety binds itself,
jointly and severally with the Principal, (e) Bodily injury or property damage In Witness Thereof, the Principal and
for the payment of such sums only as is for which [insert owner or operator] is Surety(ies) have executed this Bond and
set forth opposite the name of such obligated to pay damages by reason of have affixed their seals on the date set
Surety, but if no limit of liability is the assumption of liability in a contract forth above.
indicated, the limit of liability shall be or agreement other than a contract or The persons whose signatures appear
the full amount of the penal sums. agreement entered into to meet the below hereby certify that they are
Whereas said Principal is required requirements of 40 CFR 280.93. authorized to execute this surety bond
under Subtitle I of the Solid Waste The Surety(ies) shall become liable on on behalf of the Principal and
Disposal Act, as amended, to provide this bond obligation only when the Surety(ies) and that the wording of this
financial assurance for [insert: ‘‘taking Principal has failed to fulfill the surety bond is identical to the wording
corrective action’’ and/or conditions described above. specified in 40 CFR 280.98(b) as such
‘‘compensating third parties for bodily Upon notification by [the Director of regulations were constituted on the date
injury and property damage caused by’’ the implementing agency] that the this bond was executed.
either ‘‘sudden accidental releases’’ or Principal has failed to [‘‘take corrective Principal
‘‘nonsudden accidental releases’’ or action, in accordance with 40 CFR part
‘‘accidental releases’’; if coverage is 280, subpart F and the Director’s [Signature(s)]
different for different tanks or locations, instructions,’’ and/or ‘‘compensate [Names(s)]
indicate the type of coverage applicable injured third parties’’] as guaranteed by [Title(s)]
to each tank or location] arising from this bond, the Surety(ies) shall either [Corporate seal]
operating the underground storage tanks perform [‘‘corrective action in Corporate Surety(ies)
identified above, and accordance with 40 CFR part 280 and
Whereas said Principal shall establish the Director’s instructions,’’ and/or [Name and address]
a standby trust fund as is required when ‘‘third-party liability compensation’’] or [State of Incorporation: llll]
a surety bond is used to provide such place funds in an amount up to the [Liability limit: $ llll]
financial assurance; annual aggregate penal sum into the [Signature(s)]
Now, therefore, the conditions of the standby trust fund as directed by [the [Names(s) and title(s)]
obligation are such that if the Principal Regional Administrator or the Director] [Corporate seal]
shall faithfully [‘‘take corrective action, under 40 CFR 280.112. [For every co-surety, provide
in accordance with 40 CFR part 280, Upon notification by [the Director] signature(s), corporate seal, and other
subpart F and the Director of the state that the Principal has failed to provide information in the same manner as for
implementing agency’s instructions alternate financial assurance within 60 Surety above.]
for,’’ and/or ‘‘compensate injured third days after the date the notice of Bond premium: $ llll
parties for bodily injury and property cancellation is received by the Principal (c) Under the terms of the bond, the
damage caused by’’ either ‘‘sudden from the Surety(ies) and that [the surety will become liable on the bond
accidental releases’’ or ‘‘nonsudden Director] has determined or suspects obligation when the owner or operator
accidental releases’’ or ‘‘accidental that a release has occurred, the fails to perform as guaranteed by the
releases’’] arising from operating the Surety(ies) shall place funds in an bond. In all cases, the surety’s liability
tank(s) identified above, or if the amount not exceeding the annual is limited to the per-occurrence and
Principal shall provide alternate aggregate penal sum into the standby annual aggregate penal sums.
financial assurance, as specified in 40 trust fund as directed by [the Director] (d) The owner or operator who uses
CFR part 280, subpart H, within 120 under 40 CFR 280.112. a surety bond to satisfy the requirements
days after the date the notice of The Surety(ies) hereby waive(s) of § 280.93 must establish a standby
cancellation is received by the Principal notification of amendments to trust fund when the surety bond is
from the Surety(ies), then this obligation applicable laws, statutes, rules, and acquired. Under the terms of the bond,
shall be null and void; otherwise it is to regulations and agrees that no such all amounts paid by the surety under the
remain in full force and effect. amendment shall in any way alleviate bond will be deposited directly into the
Such obligation does not apply to any its (their) obligation on this bond. standby trust fund in accordance with
of the following: The liability of the Surety(ies) shall instructions from the Director under
(a) Any obligation of [insert owner or not be discharged by any payment or § 280.112. This standby trust fund must
operator] under a workers’ succession of payments hereunder, meet the requirements specified in
compensation, disability benefits, or unless and until such payment or § 280.103.
unemployment compensation law or payments shall amount in the annual
other similar law; aggregate to the penal sum shown on the § 280.99 Letter of credit.
(b) Bodily injury to an employee of face of the bond, but in no event shall (a) An owner or operator may satisfy
[insert owner or operator] arising from, the obligation of the Surety(ies) the requirements of § 280.93 by
and in the course of, employment by hereunder exceed the amount of said obtaining an irrevocable standby letter
[insert owner or operator]; annual aggregate penal sum. of credit that conforms to the
(c) Bodily injury or property damage The Surety(ies) may cancel the bond requirements of this section. The issuing
arising from the ownership, by sending notice of cancellation by institution must be an entity that has the
maintenance, use, or entrustment to certified mail to the Principal, provided, authority to issue letters of credit in
others of any aircraft, motor vehicle, or however, that cancellation shall not each state where used and whose letter-
watercraft; occur during the 120 days beginning on of-credit operations are regulated and
(d) Property damage to any property the date of receipt of the notice of examined by a federal or state agency.
owned, rented, loaned to, in the care, cancellation by the Principal, as (b) The letter of credit must be
custody, or control of, or occupied by evidenced by the return receipt. worded as follows, except that
[insert owner or operator] that is not the The Principal may terminate this instructions in brackets are to be
direct result of a release from a bond by sending written notice to the replaced with the relevant information
petroleum underground storage tank; Surety(ies). and the brackets deleted:
Irrevocable Standby Letter of Credit [insert owner or operator] that is not the issuing institution. The letter of credit
[Name and address of issuing direct result of a release from a must provide that credit be
institution] petroleum underground storage tank; automatically renewed for the same
[Name and address of Director(s) of state (e) Bodily injury or property damage term as the original term, unless, at least
implementing agency(ies)] for which [insert owner or operator] is 120 days before the current expiration
obligated to pay damages by reason of date, the issuing institution notifies the
Dear Sir or Madam: We hereby
the assumption of liability in a contract owner or operator by certified mail of its
establish our Irrevocable Standby Letter decision not to renew the letter of
or agreement other than a contract or
of Credit No. ll in your favor, at the credit. Under the terms of the letter of
agreement entered into to meet the
request and for the account of [owner or credit, the 120 days will begin on the
requirements of 40 CFR 280.93.
operator name] of [address] up to the date when the owner or operator
This letter of credit is effective as of
aggregate amount of [in words] U.S. receives the notice, as evidenced by the
[date] and shall expire on [date], but
dollars ($[insert dollar amount]), return receipt.
such expiration date shall be
available upon presentation [insert, if
automatically extended for a period of
more than one Director of a state § 280.100 Use of state-required
[at least the length of the original term]
implementing agency is a beneficiary, mechanism.
on [expiration date] and on each
‘‘by any one of you’’] of (a) For underground storage tanks
successive expiration date, unless, at
(1) your sight draft, bearing reference located in a state that does not have an
least 120 days before the current
to this letter of credit, No. ll and approved program, and where the state
expiration date, we notify [owner or
(2) your signed statement reading as requires owners or operators of
operator] by certified mail that we have
follows: ‘‘I certify that the amount of the underground storage tanks to
decided not to extend this letter of
draft is payable pursuant to regulations demonstrate financial responsibility for
credit beyond the current expiration
issued under authority of Subtitle I of taking corrective action and/or for
date. In the event that [owner or
the Solid Waste Disposal Act, as compensating third parties for bodily
operator] is so notified, any unused
amended.’’ injury and property damage, an owner
This letter of credit may be drawn on portion of the credit shall be available
upon presentation of your sight draft for or operator may use a state-required
to cover [insert: ‘‘taking corrective financial mechanism to meet the
action’’ and/or ‘‘compensating third 120 days after the date of receipt by
[owner or operator], as shown on the requirements of § 280.93 if the Regional
parties for bodily injury and property Administrator determines that the state
damage caused by’’ either ‘‘sudden signed return receipt.
Whenever this letter of credit is mechanism is at least equivalent to the
accidental releases’’ or ‘‘nonsudden financial mechanisms specified in this
drawn on under and in compliance with
accidental releases’’ or ‘‘accidental subpart.
the terms of this credit, we shall duly
releases’’] arising from operating the (b) The Regional Administrator will
honor such draft upon presentation to
underground storage tank(s) identified evaluate the equivalency of a state-
us, and we shall deposit the amount of
below in the amount of [in words] required mechanism principally in
the draft directly into the standby trust
$[insert dollar amount] per occurrence terms of: certainty of the availability of
fund of [owner or operator] in
and [in words] $[insert dollar amount] funds for taking corrective action and/
accordance with your instructions.
annual aggregate: or for compensating third parties; the
We certify that the wording of this
[List the number of tanks at each amount of funds that will be made
letter of credit is identical to the
facility and the name(s) and address(es) available; and the types of costs
wording specified in 40 CFR 280.99(b)
of the facility(ies) where the tanks are covered. The Regional Administrator
as such regulations were constituted on
located. If more than one instrument is may also consider other factors as is
the date shown immediately below.
used to assure different tanks at any one necessary.
facility, for each tank covered by this [Signature(s) and title(s) of official(s) of (c) The state, an owner or operator, or
instrument, list the tank identification issuing institution] any other interested party may submit to
number provided in the notification [Date] the Regional Administrator a written
submitted pursuant to 40 CFR 280.22, or This credit is subject to [insert ‘‘the petition requesting that one or more of
the corresponding state requirement, most recent edition of the Uniform the state-required mechanisms be
and the name and address of the Customs and Practice for Documentary considered acceptable for meeting the
facility.] Credits, published and copyrighted by requirements of § 280.93. The
The letter of credit may not be drawn the International Chamber of submission must include copies of the
on to cover any of the following: Commerce,’’ or ‘‘the Uniform appropriate state statutory and
(a) Any obligation of [insert owner or Commercial Code’’]. regulatory requirements and must show
operator] under a workers’ (c) An owner or operator who uses a the amount of funds for corrective
compensation, disability benefits, or letter of credit to satisfy the action and/or for compensating third
unemployment compensation law or requirements of § 280.93 must also parties assured by the mechanism(s).
other similar law; establish a standby trust fund when the The Regional Administrator may require
(b) Bodily injury to an employee of letter of credit is acquired. Under the the petitioner to submit additional
[insert owner or operator] arising from, terms of the letter of credit, all amounts information as is deemed necessary to
and in the course of, employment by paid pursuant to a draft by the Director make this determination.
[insert owner or operator]; of the implementing agency will be (d) Any petition under this section
(c) Bodily injury or property damage deposited by the issuing institution may be submitted on behalf of all of the
arising from the ownership, directly into the standby trust fund in state’s underground storage tank owners
maintenance, use, or entrustment to accordance with instructions from the and operators.
others of any aircraft, motor vehicle, or Director under § 280.112. This standby (e) The Regional Administrator will
watercraft; trust fund must meet the requirements notify the petitioner of his
(d) Property damage to any property specified in § 280.103. determination regarding the
owned, rented, loaned to, in the care, (d) The letter of credit must be mechanism’s acceptability in lieu of
custody, or control of, or occupied by irrevocable with a term specified by the financial mechanisms specified in this
subpart. Pending this determination, the responsibility. The letter or certificate agency of the state in which the fund is
owners and operators using such from the state must include, or have established.
mechanisms will be deemed to be in attached to it, the following information: (b)(1) The standby trust agreement, or
compliance with the requirements of the facility’s name and address and the trust agreement, must be worded as
§ 280.93 for underground storage tanks amount of funds for corrective action follows, except that instructions in
located in the state for the amounts and and/or for compensating third parties brackets are to be replaced with the
types of costs covered by such that is assured by the state. The owner relevant information and the brackets
mechanisms. or operator must maintain this letter or deleted:
certificate on file as proof of financial
§ 280.101 State fund or other state Trust Agreement
assurance.
responsibility in accordance with
§ 280.111(b)(8). Trust agreement, the ‘‘Agreement,’’
(a) An owner or operator may satisfy
the requirements of § 280.93 for § 280.102 Trust fund. entered into as of [date] by and between
underground storage tanks located in a [name of the owner or operator], a
(a) An owner or operator may satisfy [name of state] [insert ‘‘corporation,’’
state, where EPA is administering the the requirements of § 280.93 by
requirements of this subpart, which ‘‘partnership,’’ ‘‘association,’’ or
establishing a trust fund that conforms ‘‘proprietorship’’], the ‘‘Grantor,’’ and
assures that monies will be available to the requirements of this section. The
from a state fund or state assurance [name of corporate trustee], [insert
trustee must be an entity that has the ‘‘Incorporated in the state of lll ’’ or
program to cover costs up to the limits authority to act as a trustee and whose
specified in § 280.93 or otherwise ‘‘a national bank’’], the ‘‘Trustee.’’
trust operations are regulated and
assures that such costs will be paid if Whereas, the United States
examined by a federal agency or an
the Regional Administrator determines Environmental Protection Agency,
agency of the state in which the fund is
that the state’s assurance is at least ‘‘EPA,’’ an agency of the United States
established.
equivalent to the financial mechanisms Government, has established certain
(b) The wording of the trust agreement regulations applicable to the Grantor,
specified in this subpart.
(b) The Regional Administrator will must be identical to the wording requiring that an owner or operator of
evaluate the equivalency of a state fund specified in § 280.103(b)(1), and must be an underground storage tank shall
or other state assurance principally in accompanied by a formal certification of provide assurance that funds will be
terms of: Certainty of the availability of acknowledgement as specified in available when needed for corrective
funds for taking corrective action and/ § 280.103(b)(2). action and third-party compensation for
or for compensating third parties; the (c) The trust fund, when established, bodily injury and property damage
amount of funds that will be made must be funded for the full required caused by sudden and nonsudden
available; and the types of costs amount of coverage, or funded for part accidental releases arising from the
covered. The Regional Administrator of the required amount of coverage and operation of the underground storage
may also consider other factors as is used in combination with other tank. The attached Schedule A lists the
necessary. mechanism(s) that provide the number of tanks at each facility and the
(c) The state must submit to the remaining required coverage. name(s) and address(es) of the
Regional Administrator a description of (d) If the value of the trust fund is facility(ies) where the tanks are located
the state fund or other state assurance to greater than the required amount of that are covered by the [insert ‘‘standby’’
be supplied as financial assurance, coverage, the owner or operator may where trust agreement is standby trust
along with a list of the classes of submit a written request to the Director agreement] trust agreement.
underground storage tanks to which the of the implementing agency for release [Whereas, the Grantor has elected to
funds may be applied. The Regional of the excess. establish [insert either ‘‘a guarantee,’’
Administrator may require the state to (e) If other financial assurance as ‘‘surety bond,’’ or ‘‘letter of credit’’] to
submit additional information as is specified in this subpart is substituted provide all or part of such financial
deemed necessary to make a for all or part of the trust fund, the assurance for the underground storage
determination regarding the owner or operator may submit a written tanks identified herein and is required
acceptability of the state fund or other request to the Director of the to establish a standby trust fund able to
state assurance. Pending the implementing agency for release of the accept payments from the instrument
determination by the Regional excess. (This paragraph is only applicable to the
Administrator, the owner or operator of (f) Within 60 days after receiving a standby trust agreement.)];
a covered class of USTs will be deemed request from the owner or operator for Whereas, the Grantor, acting through
to be in compliance with the release of funds as specified in its duly authorized officers, has selected
requirements of § 280.93 for the paragraph (d) or (e) of this section, the the Trustee to be the trustee under this
amounts and types of costs covered by Director of the implementing agency agreement, and the Trustee is willing to
the state fund or other state assurance. will instruct the trustee to release to the act as trustee;
(d) The Regional Administrator will owner or operator such funds as the
notify the state of his determination Now, therefore, the Grantor and the
Director specifies in writing.
regarding the acceptability of the state’s Trustee agree as follows:
fund or other assurance in lieu of § 280.103 Standby trust fund.
Section 1. Definitions
financial mechanisms specified in this (a) An owner or operator using any
subpart. Within 60 days after the one of the mechanisms authorized by As used in this Agreement:
Regional Administrator notifies a state §§ 280.96, 280.98, or 280.99 must (a) The term ‘‘Grantor’’ means the
that a state fund or other state assurance establish a standby trust fund when the owner or operator who enters into this
is acceptable, the state must provide to mechanism is acquired. The trustee of Agreement and any successors or
each owner or operator for which it is the standby trust fund must be an entity assigns of the Grantor.
assuming financial responsibility a that has the authority to act as a trustee (b) The term ‘‘Trustee’’ means the
letter or certificate describing the nature and whose trust operations are regulated Trustee who enters into this Agreement
of the state’s assumption of and examined by a Federal agency or an and any successor Trustee.
Section 2. Identification of the Financial (c) Bodily injury or property damage (ii) The Trustee is authorized to invest
Assurance Mechanism arising from the ownership, the Fund in time or demand deposits of
This Agreement pertains to the maintenance, use, or entrustment to the Trustee, to the extent insured by an
[identify the financial assurance others of any aircraft, motor vehicle, or agency of the federal or state
mechanism, either a guarantee, surety watercraft; government; and
(d) Property damage to any property (iii) The Trustee is authorized to hold
bond, or letter of credit, from which the
owned, rented, loaned to, in the care, cash awaiting investment or distribution
standby trust fund is established to
custody, or control of, or occupied by uninvested for a reasonable time and
receive payments (This paragraph is [insert owner or operator] that is not the without liability for the payment of
only applicable to the standby trust direct result of a release from a interest thereon.
agreement.)]. petroleum underground storage tank;
(e) Bodily injury or property damage Section 7. Commingling and Investment
Section 3. Establishment of Fund
for which [insert owner or operator] is The Trustee is expressly authorized in
The Grantor and the Trustee hereby its discretion:
obligated to pay damages by reason of
establish a trust fund, the ‘‘Fund,’’ for (a) To transfer from time to time any
the assumption of liability in a contract
the benefit of [implementing agency]. or all of the assets of the Fund to any
or agreement other than a contract or
The Grantor and the Trustee intend that common, commingled, or collective
agreement entered into to meet the
no third party have access to the Fund trust fund created by the Trustee in
except as herein provided. [The Fund is The Trustee shall reimburse the which the Fund is eligible to
established initially as a standby to Grantor, or other persons as specified by participate, subject to all of the
receive payments and shall not consist [the Director], from the Fund for provisions thereof, to be commingled
of any property.] Payments made by the corrective action expenditures and/or with the assets of other trusts
provider of financial assurance pursuant third-party liability claims in such participating therein; and
to [the Director of the implementing amounts as [the Director] shall direct in (b) To purchase shares in any
agency’s] instruction are transferred to writing. In addition, the Trustee shall investment company registered under
the Trustee and are referred to as the refund to the Grantor such amounts as the Investment Company Act of 1940,
Fund, together with all earnings and [the Director] specifies in writing. Upon 15 U.S.C. 80a–1 et seq., including one
profits thereon, less any payments or refund, such funds shall no longer which may be created, managed,
distributions made by the Trustee constitute part of the Fund as defined underwritten, or to which investment
pursuant to this Agreement. The Fund herein. advice is rendered or the shares of
shall be held by the Trustee, IN TRUST, which are sold by the Trustee. The
as hereinafter provided. The Trustee Section 5. Payments Comprising the Trustee may vote such shares in its
shall not be responsible nor shall it Fund discretion.
undertake any responsibility for the Payments made to the Trustee for the
amount or adequacy of, nor any duty to Fund shall consist of cash and securities Section 8. Express Powers of Trustee
collect from the Grantor as provider of acceptable to the Trustee. Without in any way limiting the
financial assurance, any payments powers and discretions conferred upon
necessary to discharge any liability of Section 6. Trustee Management the Trustee by the other provisions of
the Grantor established by [the state The Trustee shall invest and reinvest this Agreement or by law, the Trustee is
implementing agency] the principal and income of the Fund expressly authorized and empowered:
and keep the Fund invested as a single (a) To sell, exchange, convey, transfer,
Section 4. Payment for [‘‘Corrective
fund, without distinction between or otherwise dispose of any property
Action’’ and/or ‘‘Third-Party Liability
principal and income, in accordance held by it, by public or private sale. No
Claims’’]
with general investment policies and person dealing with the Trustee shall be
The Trustee shall make payments guidelines which the Grantor may bound to see to the application of the
from the Fund as [the Director of the communicate in writing to the Trustee purchase money or to inquire into the
implementing agency] shall direct, in from time to time, subject, however, to validity or expediency of any such sale
writing, to provide for the payment of the provisions of this Section. In or other disposition;
the costs of [insert: ‘‘taking corrective investing, reinvesting, exchanging, (b) To make, execute, acknowledge,
action’’ and/or ‘‘compensating third selling, and managing the Fund, the and deliver any and all documents of
parties for bodily injury and property Trustee shall discharge his duties with transfer and conveyance and any and all
damage caused by’’ either ‘‘sudden respect to the trust fund solely in the other instruments that may be necessary
accidental releases’’ or ‘‘nonsudden interest of the beneficiaries and with the or appropriate to carry out the powers
accidental Releases’’ or ‘‘accidental care, skill, prudence, and diligence herein granted;
releases’’] arising from operating the under the circumstances then prevailing (c) To register any securities held in
tanks covered by the financial assurance which persons of prudence, acting in a the Fund in its own name or in the
mechanism identified in this like capacity and familiar with such name of a nominee and to hold any
Agreement. matters, would use in the conduct of an security in bearer form or in book entry,
The Fund may not be drawn upon to enterprise of a like character and with or to combine certificates representing
cover any of the following: like aims; except that: such securities with certificates of the
(a) Any obligation of [insert owner or (i) Securities or other obligations of same issue held by the Trustee in other
operator] under a workers’ the Grantor, or any other owner or fiduciary capacities, or to deposit or
compensation, disability benefits, or operator of the tanks, or any of their arrange for the deposit of such securities
unemployment compensation law or affiliates as defined in the Investment in a qualified central depository even
other similar law; Company Act of 1940, as amended, 15 though, when so deposited, such
(b) Bodily injury to an employee of U.S.C. 80a–2(a), shall not be acquired or securities may be merged and held in
[insert owner or operator] arising from, held, unless they are securities or other bulk in the name of the nominee of such
and in the course of employment by obligations of the federal or a state depository with other securities
[insert owner or operator]; government; deposited therein by another person, or
to deposit or arrange for the deposit of the resignation of the Trustee, the Section 16. Immunity and
any securities issued by the United Trustee may apply to a court of Indemnification
States Government, or any agency or competent jurisdiction for the The Trustee shall not incur personal
instrumentality thereof, with a Federal appointment of a successor trustee or for liability of any nature in connection
Reserve bank, but the books and records instructions. The successor trustee shall with any act or omission, made in good
of the Trustee shall at all times show specify the date on which it assumes faith, in the administration of this Trust,
that all such securities are part of the administration of the trust in writing or in carrying out any directions by the
Fund; sent to the Grantor and the present Grantor or [the Director of the
(d) To deposit any cash in the Fund Trustee by certified mail 10 days before implementing agency] issued in
in interest-bearing accounts maintained such change becomes effective. Any accordance with this Agreement. The
or savings certificates issued by the expenses incurred by the Trustee as a Trustee shall be indemnified and saved
Trustee, in its separate corporate result of any of the acts contemplated by harmless by the Grantor, from and
capacity, or in any other banking this Section shall be paid as provided in against any personal liability to which
institution affiliated with the Trustee, to Section 9. the Trustee may be subjected by reason
the extent insured by an agency of the
Section 13. Instructions to the Trustee of any act or conduct in its official
federal or state government; and
capacity, including all expenses
(e) To compromise or otherwise adjust
All orders, requests, and instructions reasonably incurred in its defense in the
all claims in favor of or against the
by the Grantor to the Trustee shall be in event the Grantor fails to provide such
Fund.
writing, signed by such persons as are defense.
Section 9. Taxes and Expenses designated in the attached Schedule B Section 17. Choice of Law
All taxes of any kind that may be or such other designees as the Grantor
assessed or levied against or in respect may designate by amendment to This Agreement shall be
of the Fund and all brokerage Schedule B. The Trustee shall be fully administered, construed, and enforced
commissions incurred by the Fund shall protected in acting without inquiry in according to the laws of the state of
be paid from the Fund. All other accordance with the Grantor’s orders, [insert name of state], or the Comptroller
expenses incurred by the Trustee in requests, and instructions. All orders, of the Currency in the case of National
connection with the administration of requests, and instructions by [the Association banks.
this Trust, including fees for legal Director of the implementing agency] to Section 18. Interpretation
services rendered to the Trustee, the the Trustee shall be in writing, signed
by [the Director], and the Trustee shall As used in this Agreement, words in
compensation of the Trustee to the
act and shall be fully protected in acting the singular include the plural and
extent not paid directly by the Grantor,
in accordance with such orders, words in the plural include the singular.
and all other proper charges and
requests, and instructions. The Trustee The descriptive headings for each
disbursements of the Trustee shall be
shall have the right to assume, in the section of this Agreement shall not
paid from the Fund.
absence of written notice to the affect the interpretation or the legal
Section 10. Advice of Counsel contrary, that no event constituting a efficacy of this Agreement.
The Trustee may from time to time change or a termination of the authority In Witness whereof the parties have
consult with counsel, who may be of any person to act on behalf of the caused this Agreement to be executed
counsel to the Grantor, with respect to Grantor or [the director] hereunder has by their respective officers duly
any questions arising as to the occurred. The Trustee shall have no authorized and their corporate seals (if
construction of this Agreement or any duty to act in the absence of such applicable) to be hereunto affixed and
action to be taken hereunder. The orders, requests, and instructions from attested as of the date first above
Trustee shall be fully protected, to the the Grantor and/or [the Director], except written. The parties below certify that
extent permitted by law, in acting upon as provided for herein. the wording of this Agreement is
the advice of counsel. identical to the wording specified in 40
Section 14. Amendment of Agreement CFR 280.103(b)(1) as such regulations
Section 11. Trustee Compensation were constituted on the date written
This Agreement may be amended by above.
The Trustee shall be entitled to
an instrument in writing executed by [Signature of Grantor]
reasonable compensation for its services
the Grantor and the Trustee, or by the
as agreed upon in writing from time to [Name of the Grantor]
Trustee and [the Director of the
time with the Grantor. [Title]
implementing agency] if the Grantor
Section 12. Successor Trustee ceases to exist. Attest:
The Trustee may resign or the Grantor [Signature of Trustee]
Section 15. Irrevocability and
may replace the Trustee, but such [Name of the Trustee]
Termination
resignation or replacement shall not be [Title]
effective until the Grantor has appointed Subject to the right of the parties to [Seal]
a successor trustee and this successor amend this Agreement as provided in [Signature of Witness]
accepts the appointment. The successor Section 14, this Trust shall be [Name of the Witness]
trustee shall have the same powers and irrevocable and shall continue until [Title]
duties as those conferred upon the terminated at the written direction of [Seal]
Trustee hereunder. Upon the successor the Grantor and the Trustee, or by the (2) The standby trust agreement, or
trustee’s acceptance of the appointment, Trustee and [the Director of the trust agreement must be accompanied
the Trustee shall assign, transfer, and implementing agency], if the Grantor by a formal certification of
pay over to the successor trustee the ceases to exist. Upon termination of the acknowledgement similar to the
funds and properties then constituting Trust, all remaining trust property, less following. State requirements may differ
the Fund. If for any reason the Grantor final trust administration expenses, on the proper content of this
cannot or does not act in the event of shall be delivered to the Grantor. acknowledgment.
State of or issues of general obligation bonds of (d) To demonstrate that it meets the
lllllllllllllllllllll $1 million or more, excluding refunded local government bond rating test, the
County of obligations, with a Moody’s rating of chief financial officer of a general
lllllllllllllllllllll Aaa, Aa, A, or Baa, or a Standard & purpose local government owner or
On this [date], before me personally Poor’s rating of AAA, AA, A, or BBB. operator and/or guarantor must sign a
came [owner or operator] to me known, Where a local government has multiple letter worded exactly as follows, except
who, being by me duly sworn, did outstanding issues, or where a local that the instructions in brackets are to
depose and say that she/he resides at government’s bonds are rated by both be replaced by the relevant information
[address], that she/he is [title] of Moody’s and Standard and Poor’s, the and the brackets deleted:
[corporation], the corporation described lowest rating must be used to determine
in and which executed the above eligibility. Bonds that are backed by Letter from Chief Financial Officer
instrument; that she/he knows the seal credit enhancement other than
of said corporation; that the seal affixed municipal bond insurance may not be I am the chief financial officer of
to such instrument is such corporate [insert: name and address of local
considered in determining the amount government owner or operator, or
seal; that it was so affixed by order of of applicable bonds outstanding.
the Board of Directors of said guarantor]. This letter is in support of
(b) A local government owner or the use of the bond rating test to
corporation; and that she/he signed her/ operator or local government serving as
his name thereto by like order. demonstrate financial responsibility for
a guarantor that is not a general-purpose [insert: ‘‘taking corrective action’’ and/
[Signature of Notary Public] local government and does not have the
[Name of Notary Public] or ‘‘compensating third parties for
legal authority to issue general bodily injury and property damage’’]
(c) The Director of the implementing obligation bonds may satisfy the
agency will instruct the trustee to caused by [insert: ‘‘sudden accidental
requirements of § 280.93 by having a releases’’ or ‘‘nonsudden accidental
refund the balance of the standby trust currently outstanding issue or issues of
fund to the provider of financial releases’’ or ‘‘accidental releases’’] in the
revenue bonds of $1 million or more, amount of at least [insert: dollar
assurance if the Director determines that excluding refunded issues, and by also
no additional corrective action costs or amount] per occurrence and [insert:
having a Moody’s rating of Aaa, Aa, A, dollar amount] annual aggregate arising
third-party liability claims will occur as or Baa, or a Standard & Poor’s rating of
a result of a release covered by the from operating (an) underground storage
AAA, AA, A, or BBB as the lowest tank(s).
financial assurance mechanism for rating for any rated revenue bond issued
which the standby trust fund was by the local government. Where bonds Underground storage tanks at the
established. are rated by both Moody’s and Standard following facilities are assured by this
(d) An owner or operator may bond rating test: [List for each facility:
& Poor’s, the lower rating for each bond
establish one trust fund as the the name and address of the facility
depository mechanism for all funds must be used to determine eligibility.
Bonds that are backed by credit where tanks are assured by the bond
assured in compliance with this rule. rating test].
enhancement may not be considered in
§ 280.104 Local government bond rating determining the amount of applicable The details of the issue date, maturity,
test. bonds outstanding. outstanding amount, bond rating, and
(a) A general purpose local (c) The local government owner or bond rating agency of all outstanding
government owner or operator and/or operator and/or guarantor must bond issues that are being used by
local government serving as a guarantor maintain a copy of its bond rating [name of local government owner or
may satisfy the requirements of § 280.93 published within the last 12 months by operator, or guarantor] to demonstrate
by having a currently outstanding issue Moody’s or Standard & Poor’s. financial responsibility are as follows:
Issue date Maturity date Outstanding amount Bond rating Rating agency
[Moody’s or Standard & Poor’s]
The total outstanding obligation of regulations were constituted on the date guarantor]. This letter is in support of
[insert amount], excluding refunded shown immediately below. the use of the bond rating test to
bond issues, exceeds the minimum [Date] demonstrate financial responsibility for
amount of $1 million. All outstanding [Signature] [insert: ‘‘taking corrective action’’ and/
general obligation bonds issued by this [Name] or ‘‘compensating third parties for
government that have been rated by [Title] bodily injury and property damage’’]
Moody’s or Standard & Poor’s are rated (e) To demonstrate that it meets the caused by [insert: ‘‘sudden accidental
as at least investment grade (Moody’s local government bond rating test, the releases’’ or ‘‘nonsudden accidental
Baa or Standard & Poor’s BBB) based on chief financial officer of local releases’’ or ‘‘accidental releases’’] in the
the most recent ratings published within government owner or operator and/or amount of at least [insert: dollar
the last 12 months. Neither rating guarantor other than a general purpose amount] per occurrence and [insert:
service has provided notification within government must sign a letter worded dollar amount] annual aggregate arising
the last 12 months of downgrading of exactly as follows, except that the from operating (an) underground storage
bond ratings below investment grade or instructions in brackets are to be tank(s). This local government is not
of withdrawal of bond rating other than replaced by the relevant information organized to provide general
for repayment of outstanding bond and the brackets deleted: governmental services and does not
issues. Letter from Chief Financial Officer have the legal authority under state law
I hereby certify that the wording of I am the chief financial officer of or constitutional provisions to issue
this letter is identical to the wording [insert: name and address of local general obligation debt.
specified in 40 CFR 280.104(d) as such government owner or operator, or
Underground storage tanks at the where tanks are assured by the bond revenue bond issues that are being used
following facilities are assured by this rating test]. by [name of local government owner or
bond rating test: [List for each facility: The details of the issue date, maturity, operator, or guarantor] to demonstrate
the name and address of the facility outstanding amount, bond rating, and financial responsibility are as follows:
bond rating agency of all outstanding
Issue date Maturity date Outstanding amount Bond rating Rating agency
[Moody’s or Standard & Poor’s]
The total outstanding obligation of implementing agency that it no longer retirement of debt principal, and total
[insert amount], excluding refunded meets the requirements of the bond expenditures from all other
bond issues, exceeds the minimum rating test, the owner or operator must governmental funds including
amount of $1 million. All outstanding notify the Director of such failure within enterprise, debt service, capital projects,
revenue bonds issued by this 10 days. and special revenues. For purposes of
government that have been rated by this test, the calculation of total
§ 280.105 Local government financial test. expenditures shall exclude all transfers
Moody’s or Standard & Poor’s are rated
as at least investment grade (Moody’s (a) A local government owner or between funds under the direct control
Baa or Standard & Poor’s BBB) based on operator may satisfy the requirements of of the local government using the
the most recent ratings published within § 280.93 by passing the financial test financial test (interfund transfers).
the last 12 months. The revenue bonds specified in this section. To be eligible (iii) Local revenues. Consists of total
listed are not backed by third-party to use the financial test, the local revenues (as defined in paragraph
credit enhancement or insured by a government owner or operator must (b)(1)(i) of this section) minus the sum
municipal bond insurance company. have the ability and authority to assess of all transfers from other governmental
Neither rating service has provided and levy taxes or to freely establish fees entities, including all monies received
notification within the last 12 months of and charges. To pass the local from Federal, state, or local government
downgrading of bond ratings below government financial test, the owner or sources.
investment grade or of withdrawal of operator must meet the criteria of (iv) Debt service. Consists of the sum
bond rating other than for repayment of paragraphs (b)(2) and (3) of this section of all interest and principal payments
outstanding bond issues. based on year-end financial statements on all long-term credit obligations and
I hereby certify that the wording of for the latest completed fiscal year. all interest-bearing short-term credit
this letter is identical to the wording (b)(1) The local government owner or obligations. Includes interest and
specified in 40 CFR 280.104(e) as such operator must have the following principal payments on general
regulations were constituted on the date information available, as shown in the obligation bonds, revenue bonds, notes,
shown immediately below. year-end financial statements for the mortgages, judgments, and interest
latest completed fiscal year: bearing warrants. Excludes payments on
[Date] (i) Total revenues. Consists of the sum non-interest-bearing short-term
[Signature] of general fund operating and non- obligations, interfund obligations,
[Name] operating revenues including net local amounts owed in a trust or agency
[Title] taxes, licenses and permits, fines and capacity, and advances and contingent
(f) The Director of the implementing forfeitures, revenues from use of money loans from other governments.
agency may require reports of financial and property, charges for services, (v) Total funds. Consists of the sum of
condition at any time from the local investment earnings, sales (property, cash and investment securities from all
government owner or operator, and/or publications, etc.), intergovernmental funds, including general, enterprise,
local government guarantor. If the revenues (restricted and unrestricted), debt service, capital projects, and
Director finds, on the basis of such and total revenues from all other special revenue funds, but excluding
reports or other information, that the governmental funds including employee retirement funds, at the end of
local government owner or operator, enterprise, debt service, capital projects, the local government’s financial
and/or guarantor, no longer meets the and special revenues, but excluding reporting year. Includes Federal
local government bond rating test revenues to funds held in a trust or securities, Federal agency securities,
requirements of § 280.104, the local agency capacity. For purposes of this state and local government securities,
government owner or operator must test, the calculation of total revenues and other securities such as bonds,
obtain alternative coverage within 30 shall exclude all transfers between notes and mortgages. For purposes of
days after notification of such a finding. funds under the direct control of the this test, the calculation of total funds
(g) If a local government owner or local government using the financial test shall exclude agency funds, private trust
operator using the bond rating test to (interfund transfers), liquidation of funds, accounts receivable, value of real
provide financial assurance finds that it investments, and issuance of debt. property, and other non-security assets.
no longer meets the bond rating test (ii) Total expenditures. Consists of the (vi) Population consists of the number
requirements, the local government sum of general fund operating and non- of people in the area served by the local
owner or operator must obtain operating expenditures including public government.
alternative coverage within 150 days of safety, public utilities, transportation, (2) The local government’s year-end
the change in status. public works, environmental protection, financial statements, if independently
(h) If the local government owner or cultural and recreational, community audited, cannot include an adverse
operator fails to obtain alternate development, revenue sharing, auditor’s opinion or a disclaimer of
assurance within 150 days of finding employee benefits and compensation, opinion. The local government cannot
that it no longer meets the requirements office management, planning and have outstanding issues of general
of the bond rating test or within 30 days zoning, capital projects, interest obligation or revenue bonds that are
of notification by the Director of the payments on debt, payments for rated as less than investment grade.
(3) The local government owner or Value of revenues excludes 9. Local Revenues to Total Revenues
operator must have a letter signed by the liquidation of investments and issuance
chief financial officer worded as of debt. Value includes all general fund a. Local Revenues (from 3c)llll
specified in paragraph (c) of this operating and non-operating revenues, b. Total Revenues (from 1c)llll
section. as well as all revenues from all other c. Divide 9a by 9bllll
(c) To demonstrate that it meets the governmental funds including d. Subtract .695llll
financial test under paragraph (b) of this enterprise, debt service, capital projects, e. Divide by .205llll
section, the chief financial officer of the and special revenues, but excluding f. Multiply by 2.840llll
local government owner or operator, revenues to funds held in a trust or
must sign, within 120 days of the close agency capacity. 10. Debt Service to Population
of each financial reporting year, as b. Subtract interfund transfers (dollars)
defined by the twelve-month period for a. Debt Service (from 4c)llll
c. Total Revenues (dollars)
which financial statements used to b. Population (from 6)llll
support the financial test are prepared, 2. Total Expenditures c. Divide 10a by 10bllll
a letter worded exactly as follows, a. Expenditures (dollars) d. Subtract 51llll
except that the instructions in brackets Value consists of the sum of general e. Divide by 1,038llll
are to be replaced by the relevant fund operating and non-operating f. Multiply by ¥1.866llll
information and the brackets deleted: expenditures including interest
payments on debt, payments for 11. Debt Service to Total Revenues
Letter From Chief Financial Officer
I am the chief financial officer of retirement of debt principal, and total a. Debt Service (from 4c)llll
[insert: name and address of the owner expenditures from all other b. Total Revenues (from 1c)llll
or operator]. This letter is in support of governmental funds including
c. Divide 11a by 11bllll
the use of the local government enterprise, debt service, capital projects,
and special revenues. d. Subtract .068llll
financial test to demonstrate financial
b. Subtract interfund transfers (dollars) e. Divide by .259llll
responsibility for [insert: ‘‘taking
corrective action’’ and/or llll f. Multiply by ¥3.533llll
‘‘compensating third parties for bodily c. Total Expenditures (dollars) 12. Total Revenues to Total Expenses
injury and property damage’’] caused by
3. Local Revenues a. Total Revenues (from 1c)llll
[insert: ‘‘sudden accidental releases’’ or
‘‘nonsudden accidental releases’’ or a. Total Revenues (from 1c) b. Total Expenses (from 2c)llll
‘‘accidental releases’’] in the amount of (dollars)llll c. Divide 12a by 12bllll
at least [insert: dollar amount] per b. Subtract total intergovernmental d. Subtract .910llll
occurrence and [insert: dollar amount] transfers (dollars)llll e. Divide by .899llll
annual aggregate arising from operating
[an] underground storage tank[s]. c. Local Revenues (dollars)llll f. Multiply by 3.458llll
Underground storage tanks at the 4. Debt Service 13. Funds Balance to Total Revenues
following facilities are assured by this
financial test [List for each facility: the a. Interest and fiscal charges (dollars) a. Total Funds (from 5)llll
name and address of the facility where llll b. Total Revenues (from 1c)llll
tanks assured by this financial test are b. Add debt retirement (dollars)llll c. Divide 13a by 13bllll
located. If separate mechanisms or c. Total Debt Service (dollars)llll d. Subtract .891llll
combinations of mechanisms are being
5. Total Funds (Dollars)llll (Sum e. Divide by 9.156llll
used to assure any of the tanks at this
facility, list each tank assured by this of amounts held as cash and investment f. Multiply by 3.270llll
financial test by the tank identification securities from all funds, excluding
amounts held for employee retirement 14. Funds Balance to Total Expenses
number provided in the notification
submitted pursuant to 40 CFR 280.22 or funds, agency funds, and trust funds) a. Total Funds (from 5)llll
the corresponding state requirements.] 6. Population (Persons)llll b. Total Expenses (from 2c)llll
This owner or operator has not c. Divide 14a by 14bllll
Part II: Application of Test
received an adverse opinion, or a d. Subtract .866llll
disclaimer of opinion from an 7. Total Revenues to Population
independent auditor on its financial e. Divide by 6.409llll
a. Total Revenues (from 1c)llll f. Multiply by 3.270llll
statements for the latest completed
fiscal year. Any outstanding issues of b. Population (from 6)llll
15. Total Funds to Populationllll
general obligation or revenue bonds, if c. Divide 7a by 7bllll
rated, have a Moody’s rating of Aaa, Aa, d. Subtract 417llll a. Total Funds (from 5)llll
A, or Baa or a Standard and Poor’s e. Divide by 5,212llll b. Population (from 6)llll
rating of AAA, AA, A, or BBB; if rated c. Divide 15a by 15bllll
f. Multiply by 4.095llll
by both firms, the bonds have a Moody’s d. Subtract 270llll
rating of Aaa, Aa, A, or Baa and a 8. Total Expenses to Population
Standard and Poor’s rating of AAA, AA, e. Divide by 4,548llll
a. Total Expenses (from 2c)llll f. Multiply by 1.866llll
A, or BBB.
b. Population (from 6) llll 16. Add 7f + 8f + 9f + 10f + 11f + 12f
Worksheet for Municipal Financial Test
c. Divide 8a by 8bllll + 13f + 14f + 15f + 4.937llll
Part I: Basic Information d. Subtract 524llll I hereby certify that the financial
1. Total Revenues e. Divide by 5,401llll index shown on line 16 of the
a. Revenues (dollars) f. Multiply by 4.095llll worksheet is greater than zero and that
the wording of this letter is identical to § 280.105(c) to the local government tanks are located. If more than one
the wording specified in 40 CFR owner or operator; or instrument is used to assure different
280.105(c) as such regulations were (3) Demonstrate that it meets the local tanks at any one facility, for each tank
constituted on the date shown government fund requirements of covered by this instrument, list the tank
immediately below. § 280.107(a), (b), or (c) and deliver a identification number provided in the
[Date] copy of the chief financial officer’s letter notification submitted pursuant to 40
[Signature] as contained in § 280.107 to the local CFR part 280 or the corresponding state
[Name] government owner or operator. requirement, and the name and address
[Title] (b) If the local government guarantor of the facility.] This guarantee satisfies
is unable to demonstrate financial 40 CFR part 280, subpart H
(d) If a local government owner or
assurance under any of §§ 280.104, requirements for assuring funding for
operator using the test to provide
280.105, or 280.107(a), (b), or (c), at the [insert: ‘‘taking corrective action’’ and/
financial assurance finds that it no
end of the financial reporting year, the or ‘‘compensating third parties for
longer meets the requirements of the
guarantor shall send by certified mail, bodily injury and property damage
financial test based on the year-end
before cancellation or non-renewal of caused by’’ either ‘‘sudden accidental
financial statements, the owner or releases’’ or ‘‘nonsudden accidental
the guarantee, notice to the owner or
operator must obtain alternative releases’’ or ‘‘accidental releases’’; if
operator. The guarantee will terminate
coverage within 150 days of the end of coverage is different for different tanks
no less than 120 days after the date the
the year for which financial statements or locations, indicate the type of
owner or operator receives the
have been prepared. coverage applicable to each tank or
notification, as evidenced by the return
(e) The Director of the implementing location] arising from operating the
receipt. The owner or operator must
agency may require reports of financial above-identified underground storage
obtain alternative coverage as specified
condition at any time from the local tank(s) in the amount of [insert dollar
in § 280.114(e).
government owner or operator. If the (c) The guarantee agreement must be amount] per occurrence and [insert
Director finds, on the basis of such worded as specified in paragraph (d) or dollar amount] annual aggregate.
reports or other information, that the (e) of this section, depending on which (3) Guarantor guarantees to
local government owner or operator no of the following alternative guarantee [implementing agency] and to any and
longer meets the financial test arrangements is selected: all third parties that:
requirements of § 280.105(b) and (c), the (1) If, in the default or incapacity of In the event that [local government
owner or operator must obtain alternate the owner or operator, the guarantor owner or operator] fails to provide
coverage within 30 days after guarantees to fund a standby trust as alternative coverage within 60 days after
notification of such a finding. directed by the Director of the receipt of a notice of cancellation of this
(f) If the local government owner or implementing agency, the guarantee guarantee and the [Director of the
operator fails to obtain alternate shall be worded as specified in implementing agency] has determined
assurance within 150 days of finding paragraph (d) of this section. or suspects that a release has occurred
that it no longer meets the requirements (2) If, in the default or incapacity of at an underground storage tank covered
of the financial test based on the year- the owner or operator, the guarantor by this guarantee, the guarantor, upon
end financial statements or within 30 guarantees to make payments as instructions from the [Director] shall
days of notification by the Director of directed by the Director of the fund a standby trust fund in accordance
the implementing agency that it no implementing agency for taking with the provisions of 40 CFR 280.112,
longer meets the requirements of the corrective action or compensating third in an amount not to exceed the coverage
financial test, the owner or operator parties for bodily injury and property limits specified above.
must notify the Director of such failure damage, the guarantee shall be worded In the event that the [Director]
within 10 days. as specified in paragraph (e) of this determines that [local government
section. owner or operator] has failed to perform
§ 280.106 Local government guarantee. corrective action for releases arising out
(d) If the guarantor is a state, the local
(a) A local government owner or government guarantee with standby of the operation of the above-identified
operator may satisfy the requirements of trust must be worded exactly as follows, tank(s) in accordance with 40 CFR part
§ 280.93 by obtaining a guarantee that except that instructions in brackets are 280, subpart F, the guarantor upon
conforms to the requirements of this to be replaced with relevant information written instructions from the [Director]
section. The guarantor must be either and the brackets deleted: shall fund a standby trust fund in
the state in which the local government accordance with the provisions of 40
owner or operator is located or a local Local Government Guarantee With CFR 280.112, in an amount not to
government having a ‘‘substantial Standby Trust Made by a State exceed the coverage limits specified
governmental relationship’’ with the Guarantee made this [date] by [name above.
owner and operator and issuing the of state], herein referred to as guarantor, If [owner or operator] fails to satisfy
guarantee as an act incident to that to [the state implementing agency] and a judgment or award based on a
relationship. A local government acting to any and all third parties, and obliges, determination of liability for bodily
as the guarantor must: on behalf of [local government owner or injury or property damage to third
(1) Demonstrate that it meets the bond operator]. parties caused by [‘‘sudden’’ and/or
rating test requirement of § 280.104 and ‘‘nonsudden’’] accidental releases
deliver a copy of the chief financial Recitals arising from the operation of the above-
officer’s letter as contained in (1) Guarantor is a state. identified tank(s), or fails to pay an
§ 280.104(d) and (e) to the local (2) [Local government owner or amount agreed to in settlement of a
government owner or operator; or operator] owns or operates the following claim arising from or alleged to arise
(2) Demonstrate that it meets the underground storage tank(s) covered by from such injury or damage, the
worksheet test requirements of this guarantee: [List the number of tanks guarantor, upon written instructions
§ 280.105 and deliver a copy of the chief at each facility and the name(s) and from the [Director], shall fund a standby
financial officer’s letter as contained in address(es) of the facility(ies) where the trust in accordance with the provisions
of 40 CFR 280.112 to satisfy such as such regulations were constituted on government owner or operator],
judgment(s), award(s), or settlement the effective date shown immediately guarantor guarantees to [implementing
agreement(s) up to the limits of coverage below. agency] and to any and all third parties
specified above. Effective date: that:
(4) Guarantor agrees to notify [owner [Name of guarantor] In the event that [local government
or operator] by certified mail of a [Authorized signature for guarantor] owner or operator] fails to provide
voluntary or involuntary proceeding [Name of person signing] alternative coverage within 60 days after
under Title 11 (Bankruptcy), U.S. Code [Title of person signing] receipt of a notice of cancellation of this
naming guarantor as debtor, within 10 Signature of witness or notary: guarantee and the [Director of the
days after commencement of the If the guarantor is a local government, implementing agency] has determined
proceeding. the local government guarantee with or suspects that a release has occurred
(5) Guarantor agrees to remain bound standby trust must be worded exactly as at an underground storage tank covered
under this guarantee notwithstanding follows, except that instructions in by this guarantee, the guarantor, upon
any modification or alteration of any brackets are to be replaced with relevant instructions from the [Director] shall
obligation of [owner or operator] information and the brackets deleted: fund a standby trust fund in accordance
pursuant to 40 CFR part 280. with the provisions of 40 CFR 280.112,
(6) Guarantor agrees to remain bound Local Government Guarantee With in an amount not to exceed the coverage
under this guarantee for so long as [local Standby Trust Made by a Local limits specified above.
government owner or operator] must Government In the event that the [Director]
comply with the applicable financial Guarantee made this [date] by [name determines that [local government
responsibility requirements of 40 CFR of guaranteeing entity], a local owner or operator] has failed to perform
part 280, subpart H for the above government organized under the laws of corrective action for releases arising out
identified tank(s), except that guarantor [name of state], herein referred to as of the operation of the above-identified
may cancel this guarantee by sending guarantor, to [the state implementing tank(s) in accordance with 40 CFR part
notice by certified mail to [owner or agency] and to any and all third parties, 280, subpart F, the guarantor upon
operator], such cancellation to become and obliges, on behalf of [local written instructions from the [Director]
effective no earlier than 120 days after government owner or operator]. shall fund a standby trust fund in
receipt of such notice by [owner or accordance with the provisions of 40
Recitals CFR 280.112, in an amount not to
operator], as evidenced by the return
receipt. (1) Guarantor meets or exceeds [select exceed the coverage limits specified
(7) The guarantor’s obligation does one: the local government bond rating above.
not apply to any of the following: test requirements of 40 CFR 280.104, the If [owner or operator] fails to satisfy
(a) Any obligation of [local local government financial test a judgment or award based on a
government owner or operator] under a requirements of 40 CFR 280.105, or the determination of liability for bodily
workers’ compensation, disability local government fund under 40 CFR injury or property damage to third
benefits, or unemployment 280.107(a), 280.107(b), or 280.107(c)]. parties caused by [‘‘sudden’’ and/or
compensation law or other similar law; (2) [Local government owner or ‘‘nonsudden’’] accidental releases
(b) Bodily injury to an employee of operator] owns or operates the following arising from the operation of the above-
[insert: local government owner or underground storage tank(s) covered by identified tank(s), or fails to pay an
operator] arising from, and in the course this guarantee: [List the number of tanks amount agreed to in settlement of a
of, employment by [insert: local at each facility and the name(s) and claim arising from or alleged to arise
government owner or operator]; address(es) of the facility(ies) where the from such injury or damage, the
(c) Bodily injury or property damage tanks are located. If more than one guarantor, upon written instructions
arising from the ownership, instrument is used to assure different from the [Director], shall fund a standby
maintenance, use, or entrustment to tanks at any one facility, for each tank trust in accordance with the provisions
others of any aircraft, motor vehicle, or covered by this instrument, list the tank of 40 CFR 280.112 to satisfy such
watercraft; identification number provided in the judgment(s), award(s), or settlement
(d) Property damage to any property notification submitted pursuant to 40 agreement(s) up to the limits of coverage
owned, rented, loaned to, in the care, CFR part 280 or the corresponding state specified above.
custody, or control of, or occupied by requirement, and the name and address (4) Guarantor agrees that, if at the end
[insert: local government owner or of the facility.] This guarantee satisfies of any fiscal year before cancellation of
operator] that is not the direct result of 40 CFR part 280, subpart H this guarantee, the guarantor fails to
a release from a petroleum underground requirements for assuring funding for meet or exceed the requirements of the
storage tank; [insert: ‘‘taking corrective action’’ and/ financial responsibility mechanism
(e) Bodily damage or property damage or ‘‘compensating third parties for specified in paragraph (1), guarantor
for which [insert owner or operator] is bodily injury and property damage shall send within 120 days of such
obligated to pay damages by reason of caused by’’ either ‘‘sudden accidental failure, by certified mail, notice to [local
the assumption of liability in a contract Releases’’ or ‘‘nonsudden accidental government owner or operator], as
or agreement other than a contract or releases’’ or ‘‘accidental Releases’’; if evidenced by the return receipt.
agreement entered into to meet the coverage is different for different tanks (5) Guarantor agrees to notify [owner
requirements of 40 CFR 280.93. or locations, indicate the type of or operator] by certified mail of a
(8) Guarantor expressly waives notice coverage applicable to each tank or voluntary or involuntary proceeding
of acceptance of this guarantee by [the location] arising from operating the under Title 11 (Bankruptcy), U.S. Code
implementing agency], by any or all above-identified underground storage naming guarantor as debtor, within 10
third parties, or by [local government tank(s) in the amount of [insert dollar days after commencement of the
owner or operator], amount] per occurrence and [insert: proceeding.
I hereby certify that the wording of dollar amount] annual aggregate. (6) Guarantor agrees to remain bound
this guarantee is identical to the (3) Incident to our substantial under this guarantee notwithstanding
wording specified in 40 CFR 280.106(d) governmental relationship with [local any modification or alteration of any
obligation of [owner or operator] to be replaced with relevant information 280, subpart F, the guarantor upon
pursuant to 40 CFR part 280. and the brackets deleted: written instructions from the [Director]
(7) Guarantor agrees to remain bound shall make funds available to pay for
Local Government Guarantee Without
under this guarantee for so long as [local corrective actions in an amount not to
Standby Trust Made by a State
government owner or operator] must exceed the coverage limits specified
comply with the applicable financial Guarantee made this [date] by [name above.
responsibility requirements of 40 CFR of state], herein referred to as guarantor, If [owner or operator] fails to satisfy
part 280, subpart H for the above to [the state implementing agency] and a judgment or award based on a
identified tank(s), except that guarantor to any and all third parties, and obliges, determination of liability for bodily
may cancel this guarantee by sending on behalf of [local government owner or injury or property damage to third
notice by certified mail to [owner or operator]. parties caused by [‘‘sudden’’ and/or
operator], such cancellation to become Recitals ‘‘nonsudden’’] accidental releases
effective no earlier than 120 days after arising from the operation of the above-
(1) Guarantor is a state.
receipt of such notice by [owner or identified tank(s), or fails to pay an
(2) [Local government owner or
operator], as evidenced by the return amount agreed to in settlement of a
operator] owns or operates the following
receipt. claim arising from or alleged to arise
underground storage tank(s) covered by
(8) The guarantor’s obligation does from such injury or damage, the
this guarantee: [List the number of tanks
not apply to any of the following: guarantor, upon written instructions
at each facility and the name(s) and
(a) Any obligation of [local from the [Director], shall make funds
address(es) of the facility(ies) where the
government owner or operator] under a available to compensate third parties for
tanks are located. If more than one
workers’ compensation, disability bodily injury and property damage in an
instrument is used to assure different
benefits, or unemployment amount not to exceed the coverage
tanks at any one facility, for each tank
compensation law or other similar law; limits specified above.
covered by this instrument, list the tank
(b) Bodily injury to an employee of (4) Guarantor agrees to notify [owner
identification number provided in the
[insert: local government owner or or operator] by certified mail of a
notification submitted pursuant to 40
operator] arising from, and in the course voluntary or involuntary proceeding
CFR part 280 or the corresponding state
of, employment by [insert: local under Title 11 (Bankruptcy), U.S. Code
requirement, and the name and address
government owner or operator]; naming guarantor as debtor, within 10
of the facility.] This guarantee satisfies
(c) Bodily injury or property damage days after commencement of the
40 CFR part 280, subpart H
arising from the ownership, proceeding.
requirements for assuring funding for
maintenance, use, or entrustment to (5) Guarantor agrees to remain bound
[insert: ‘‘taking corrective action’’ and/
others of any aircraft, motor vehicle, or under this guarantee notwithstanding
or ‘‘compensating third parties for
watercraft; any modification or alteration of any
bodily injury and property damage
(d) Property damage to any property obligation of [owner or operator]
caused by’’ either ‘‘sudden accidental
owned, rented, loaned to, in the care, pursuant to 40 CFR part 280.
releases’’ or ‘‘nonsudden accidental
custody, or control of, or occupied by (6) Guarantor agrees to remain bound
releases’’ or ‘‘accidental releases’’; if
[insert: local government owner or under this guarantee for so long as [local
coverage is different for different tanks
operator] that is not the direct result of government owner or operator] must
or locations, indicate the type of
a release from a petroleum underground comply with the applicable financial
coverage applicable to each tank or
storage tank; responsibility requirements of 40 CFR
location] arising from operating the
(e) Bodily damage or property damage part 280, subpart H for the above
above-identified underground storage
for which [insert: owner or operator] is identified tank(s), except that guarantor
tank(s) in the amount of [insert: dollar
obligated to pay damages by reason of may cancel this guarantee by sending
amount] per occurrence and [insert:
the assumption of liability in a contract notice by certified mail to [owner or
dollar amount] annual aggregate.
or agreement other than a contract or operator], such cancellation to become
(3) Guarantor guarantees to
agreement entered into to meet the effective no earlier than 120 days after
[implementing agency] and to any and
requirements of 40 CFR 280.93. receipt of such notice by [owner or
all third parties and obliges that:
(9) Guarantor expressly waives notice In the event that [local government operator], as evidenced by the return
of acceptance of this guarantee by [the owner or operator] fails to provide receipt. If notified of a probable release,
implementing agency], by any or all alternative coverage within 60 days after the guarantor agrees to remain bound to
third parties, or by [local government receipt of a notice of cancellation of this the terms of this guarantee for all
owner or operator]. guarantee and the [Director of the charges arising from the release, up to
I hereby certify that the wording of implementing agency] has determined the coverage limits specified above,
this guarantee is identical to the or suspects that a release has occurred notwithstanding the cancellation of the
wording specified in 40 CFR 280.106(d) at an underground storage tank covered guarantee with respect to future
as such regulations were constituted on by this guarantee, the guarantor, upon releases.
the effective date shown immediately written instructions from the [Director] (7) The guarantor’s obligation does
below. shall make funds available to pay for not apply to any of the following:
Effective date: corrective actions and compensate third (a) Any obligation of [local
[Name of guarantor] parties for bodily injury and property government owner or operator] under a
[Authorized signature for guarantor] damage in an amount not to exceed the workers’ compensation disability
[Name of person signing] coverage limits specified above. benefits, or unemployment
[Title of person signing] In the event that the [Director] compensation law or other similar law;
Signature of witness or notary: determines that [local government (b) Bodily injury to an employee of
(e) If the guarantor is a state, the local owner or operator] has failed to perform [insert local government owner or
government guarantee without standby corrective action for releases arising out operator] arising from, and in the course
trust must be worded exactly as follows, of the operation of the above-identified of, employment by [insert: local
except that instructions in brackets are tank(s) in accordance with 40 CFR part government owner or operator];
(c) Bodily injury or property damage address(es) of the facility(ies) where the from such injury or damage, the
arising from the ownership, tanks are located. If more than one guarantor, upon written instructions
maintenance, use, or entrustment to instrument is used to assure different from the [Director], shall make funds
others of any aircraft, motor vehicle, or tanks at any one facility, for each tank available to compensate third parties for
watercraft; covered by this instrument, list the tank bodily injury and property damage in an
(d) Property damage to any property identification number provided in the amount not to exceed the coverage
owned, rented, loaned to, in the care, notification submitted pursuant to 40 limits specified above.
custody, or control of, or occupied by CFR part 280 or the corresponding state (4) Guarantor agrees that if at the end
[insert: local government owner or requirement, and the name and address of any fiscal year before cancellation of
operator] that is not the direct result of of the facility.] This guarantee satisfies this guarantee, the guarantor fails to
a release from a petroleum underground 40 CFR part 280, subpart H meet or exceed the requirements of the
storage tank; requirements for assuring funding for financial responsibility mechanism
(e) Bodily damage or property damage [insert: ‘‘taking corrective action’’ and/ specified in paragraph (1), guarantor
for which [insert: owner or operator] is or ‘‘compensating third parties for shall send within 120 days of such
obligated to pay damages by reason of bodily injury and property damage failure, by certified mail, notice to [local
the assumption of liability in a contract caused by’’ either ‘‘sudden accidental government owner or operator], as
or agreement other than a contract or releases’’ or ‘‘nonsudden accidental evidenced by the return receipt.
agreement entered into to meet the releases’’ or ‘‘accidental releases’’; if (5) Guarantor agrees to notify [owner
requirements of 40 CFR 280.93. coverage is different for different tanks or operator] by certified mail of a
(8) Guarantor expressly waives notice or locations, indicate the type of voluntary or involuntary proceeding
of acceptance of this guarantee by [the coverage applicable to each tank or under Title 11 (Bankruptcy), U.S. Code
implementing agency], by any or all location] arising from operating the naming guarantor as debtor, within 10
third parties, or by [local government above-identified underground storage days after commencement of the
owner or operator]. tank(s) in the amount of [insert: dollar proceeding.
I hereby certify that the wording of amount] per occurrence and [insert: (6) Guarantor agrees to remain bound
this guarantee is identical to the dollar amount] annual aggregate. under this guarantee notwithstanding
wording specified in 40 CFR 280.106(e) (3) Incident to our substantial any modification or alteration of any
as such regulations were constituted on governmental relationship with [local obligation of [owner or operator]
the effective date shown immediately government owner or operator], pursuant to 40 CFR part 280.
below. guarantor guarantees to [implementing (7) Guarantor agrees to remain bound
agency] and to any and all third parties under this guarantee for so long as [local
Effective date: and obliges that: government owner or operator] must
[Name of guarantor] In the event that [local government comply with the applicable financial
[Authorized signature for guarantor] owner or operator] fails to provide responsibility requirements of 40 CFR
[Name of person signing] alternative coverage within 60 days after part 280, subpart H for the above
[Title of person signing] receipt of a notice of cancellation of this identified tank(s), except that guarantor
Signature of witness or notary: guarantee and the [Director of the may cancel this guarantee by sending
If the guarantor is a local government, implementing agency] has determined notice by certified mail to [owner or
the local government guarantee without or suspects that a release has occurred operator], such cancellation to become
standby trust must be worded exactly as at an underground storage tank covered effective no earlier than 120 days after
follows, except that instructions in by this guarantee, the guarantor, upon receipt of such notice by [owner or
brackets are to be replaced with relevant written instructions from the [Director] operator], as evidenced by the return
information and the brackets deleted: shall make funds available to pay for receipt. If notified of a probable release,
corrective actions and compensate third the guarantor agrees to remain bound to
Local Government Guarantee Without
parties for bodily injury and property the terms of this guarantee for all
Standby Trust Made by a Local
damage in an amount not to exceed the charges arising from the release, up to
Government
coverage limits specified above. the coverage limits specified above,
Guarantee made this [date] by [name In the event that the [Director] notwithstanding the cancellation of the
of guaranteeing entity], a local determines that [local government guarantee with respect to future
government organized under the laws of owner or operator] has failed to perform releases.
[name of state], herein referred to as corrective action for releases arising out (8) The guarantor’s obligation does
guarantor, to [the state implementing of the operation of the above-identified not apply to any of the following:
agency] and to any and all third parties, tank(s) in accordance with 40 CFR part (a) Any obligation of [local
and obliges, on behalf of [local 280, subpart F, the guarantor upon government owner or operator] under a
government owner or operator]. written instructions from the [Director] workers’ compensation disability
shall make funds available to pay for benefits, or unemployment
Recitals
corrective actions in an amount not to compensation law or other similar law;
(1) Guarantor meets or exceeds [select exceed the coverage limits specified (b) Bodily injury to an employee of
one: the local government bond rating above. [insert: local government owner or
test requirements of 40 CFR 280.104, the If [owner or operator] fails to satisfy operator] arising from, and in the course
local government financial test a judgment or award based on a of, employment by [insert: local
requirements of 40 CFR 280.105, the determination of liability for bodily government owner or operator];
local government fund under 40 CFR injury or property damage to third (c) Bodily injury or property damage
280.107(a), 280.107(b), or 280.107(c)]. parties caused by [‘‘sudden’’ and/or arising from the ownership,
(2) [Local government owner or ‘‘nonsudden’’] accidental releases maintenance, use, or entrustment to
operator] owns or operates the following arising from the operation of the above- others of any aircraft, motor vehicle, or
underground storage tank(s) covered by identified tank(s), or fails to pay an watercraft;
this guarantee: [List the number of tanks amount agreed to in settlement of a (d) Property damage to any property
at each facility and the name(s) and claim arising from or alleged to arise owned, rented, loaned to, in the care,
custody, or control of, or occupied by § 280.93, or funded for part of the Letter from Chief Financial
[insert: local government owner or required amount of coverage and used Officer
operator] that is not the direct result of in combination with other I am the chief financial officer of
a release from a petroleum underground mechanism(s) that provide the [insert: name and address of local
storage tank; remaining coverage. If the fund is government owner or operator, or
(e) Bodily damage or property damage funded for less than five times the guarantor]. This letter is in support of
for which [insert: owner or operator] is amount of coverage required under the use of the local government fund
obligated to pay damages by reason of § 280.93, the amount of financial mechanism to demonstrate financial
the assumption of liability in a contract responsibility demonstrated by the fund
responsibility for [insert: ‘‘taking
or agreement other than a contract or may not exceed one-fifth the amount in
corrective action’’ and/or
agreement entered into to meet the the fund; or
(c) The fund is dedicated by state ‘‘compensating third parties for bodily
(9) Guarantor expressly waives notice constitutional provision, or local injury and property damage’’] caused by
of acceptance of this guarantee by [the government statute, charter, ordinance [insert: ‘‘sudden accidental releases’’ or
implementing agency], by any or all or order to pay for taking corrective ‘‘nonsudden accidental releases’’ or
third parties, or by [local government action and for compensating third ‘‘accidental releases’’] in the amount of
owner or operator], parties for bodily injury and property at least [insert: dollar amount] per
I hereby certify that the wording of damage caused by accidental releases occurrence and [insert: dollar amount]
this guarantee is identical to the arising from the operation of petroleum annual aggregate arising from operating
wording specified in 40 CFR 280.106(e) underground storage tanks. A payment (an) underground storage tank(s).
as such regulations were constituted on is made to the fund once every year for Underground storage tanks at the
the effective date shown immediately seven years until the fund is fully- following facilities are assured by this
below. funded. This seven year period is local government fund mechanism: [List
Effective date: hereafter referred to as the ‘‘pay-in- for each facility: The name and address
[Name of guarantor] period.’’ The amount of each payment of the facility where tanks are assured
[Authorized signature for guarantor] must be determined by this formula: by the local government fund].
[Name of person signing]
[Title of person signing] [Insert: ‘‘The local government fund is
Signature of witness or notary: funded for the full amount of coverage
required under § 280.93, or funded for
§ 280.107 Local government fund. part of the required amount of coverage
A local government owner or operator Where TF is the total required financial and used in combination with other
may satisfy the requirements of § 280.93 assurance for the owner or operator, CF mechanism(s) that provide the
by establishing a dedicated fund is the current amount in the fund, and remaining coverage.’’ or ‘‘The local
account that conforms to the Y is the number of years remaining in government fund is funded for five
requirements of this section. Except as the pay-in-period; and, times the full amount of coverage
specified in paragraph (b) of this (1) The local government owner or required under § 280.93, or funded for
section, a dedicated fund may not be operator has available bonding part of the required amount of coverage
commingled with other funds or authority, approved through voter and used in combination with other
otherwise used in normal operations. A referendum (if such approval is mechanisms(s) that provide the
dedicated fund will be considered necessary prior to the issuance of remaining coverage,’’ or ‘‘A payment is
eligible if it meets one of the following bonds), for an amount equal to the made to the fund once every year for
requirements: difference between the required amount seven years until the fund is fully-
(a) The fund is dedicated by state of coverage and the amount held in the funded and [name of local government
constitutional provision, or local dedicated fund. This bonding authority
government statute, charter, ordinance, owner or operator] has available
shall be available for taking corrective bonding authority, approved through
or order to pay for taking corrective action and for compensating third
action and for compensating third voter referendum, of an amount equal to
parties for bodily injury and property the difference between the required
parties for bodily injury and property damage caused by accidental releases
damage caused by accidental releases amount of coverage and the amount
arising from the operation of petroleum
arising from the operation of petroleum held in the dedicated fund’’ or ‘‘A
underground storage tanks; or
underground storage tanks and is (2) The local government owner or payment is made to the fund once every
funded for the full amount of coverage operator has a letter signed by the year for seven years until the fund is
required under § 280.93, or funded for appropriate state attorney general fully-funded and I have attached a letter
part of the required amount of coverage stating that the use of the bonding signed by the State Attorney General
and used in combination with other authority will not increase the local stating that (1) the use of the bonding
mechanism(s) that provide the government’s debt beyond the legal debt authority will not increase the local
remaining coverage; or ceilings established by the relevant state government’s debt beyond the legal debt
(b) The fund is dedicated by state laws. The letter must also state that ceilings established by the relevant state
constitutional provision, or local prior voter approval is not necessary laws and (2) that prior voter approval is
government statute, charter, ordinance, before use of the bonding authority. not necessary before use of the bonding
or order as a contingency fund for (d) To demonstrate that it meets the authority’’].
general emergencies, including taking requirements of the local government The details of the local government
corrective action and compensating fund, the chief financial officer of the
fund are as follows:

third parties for bodily injury and local government owner or operator
property damage caused by accidental and/or guarantor must sign a letter Amount in Fund (market value of fund
releases arising from the operation of worded exactly as follows, except that at close of last fiscal year):
petroleum underground storage tanks, the instructions in brackets are to be [If fund balance is incrementally
and is funded for five times the full replaced by the relevant information funded as specified in § 280.107(c),
amount of coverage required under and the brackets deleted: insert:
ER15JY15.042</GPH>
Amount added to fund in the most provider as specified in § 280.114, the demonstrate financial responsibility
recently completed fiscal year: owner or operator must obtain alternate under this subpart for an underground
Number of years remaining in the pay- coverage as specified in this section storage tank until released from the
in-period: llll] within 60 days after receipt of the notice requirements of this subpart under
A copy of the state constitutional of termination. If the owner or operator § 208.113. An owner or operator must
provision, or local government statute, fails to obtain alternate coverage within maintain such evidence at the
charter, ordinance or order dedicating 60 days after receipt of the notice of underground storage tank site or the
the fund is attached. termination, the owner or operator must owner’s or operator’s place of work.
I hereby certify that the wording of notify the Director of the implementing Records maintained off-site must be
this letter is identical to the wording agency of such failure and submit: made available upon request of the
specified in 40 CFR 280.107(d) as such (1) The name and address of the implementing agency.
regulations were constituted on the date provider of financial assurance; (b) An owner or operator must
shown immediately below. (2) The effective date of termination; maintain the following types of
and evidence of financial responsibility:
[Date] (1) An owner or operator using an
[Signature] (3) The evidence of the financial
assistance mechanism subject to the assurance mechanism specified in
[Name]
[Title] termination maintained in accordance §§ 280.95 through 280.100 or § 280.102
with § 280.111(b). or §§ 280.104 through 280.107 must
§ 280.108 Substitution of financial maintain a copy of the instrument
assurance mechanisms by owner or § 280.110 Reporting by owner or operator. worded as specified.
operator. (a) An owner or operator must submit (2) An owner or operator using a
(a) An owner or operator may the appropriate forms listed in financial test or guarantee, or a local
substitute any alternate financial § 280.111(b) documenting current government financial test or a local
assurance mechanisms as specified in evidence of financial responsibility to government guarantee supported by the
this subpart, provided that at all times the Director of the implementing local government financial test must
he maintains an effective financial agency: maintain a copy of the chief financial
assurance mechanism or combination of (1) Within 30 days after the owner or officer’s letter based on year-end
mechanisms that satisfies the operator identifies a release from an financial statements for the most recent
requirements of § 280.93. underground storage tank required to be completed financial reporting year.
(b) After obtaining alternate financial reported under § 280.53 or § 280.61; Such evidence must be on file no later
assurance as specified in this subpart, (2) If the owner or operator fails to than 120 days after the close of the
an owner or operator may cancel a obtain alternate coverage as required by financial reporting year.
financial assurance mechanism by this subpart, within 30 days after the (3) An owner or operator using a
providing notice to the provider of owner or operator receives notice of: guarantee, surety bond, or letter of
financial assurance. (i) Commencement of a voluntary or credit must maintain a copy of the
involuntary proceeding under Title 11 signed standby trust fund agreement
§ 280.109 Cancellation or nonrenewal by a (Bankruptcy), U.S. Code, naming a and copies of any amendments to the
provider of financial assurance. provider of financial assurance as a agreement.
(a) Except as otherwise provided, a debtor; (4) A local government owner or
provider of financial assurance may (ii) Suspension or revocation of the operator using a local government
cancel or fail to renew an assurance authority of a provider of financial guarantee under § 280.106(d) must
mechanism by sending a notice of assurance to issue a financial assurance maintain a copy of the signed standby
termination by certified mail to the mechanism; trust fund agreement and copies of any
owner or operator. (iii) Failure of a guarantor to meet the amendments to the agreement.
(1) Termination of a local government requirements of the financial test; (5) A local government owner or
guarantee, a guarantee, a surety bond, or (iv) Other incapacity of a provider of operator using the local government
a letter of credit may not occur until 120 financial assurance; or bond rating test under § 280.104 must
days after the date on which the owner (3) As required by §§ 280.95(g) and maintain a copy of its bond rating
or operator receives the notice of 280.109(b). published within the last twelve months
termination, as evidenced by the return (b) An owner or operator must certify by Moody’s or Standard & Poor’s.
receipt. compliance with the financial (6) A local government owner or
(2) Termination of insurance or risk responsibility requirements of this part operator using the local government
retention coverage, except for non- as specified in the new tank notification guarantee under § 280.106, where the
payment or misrepresentation by the form when notifying the appropriate guarantor’s demonstration of financial
insured, or state-funded assurance may state or local agency of the installation responsibility relies on the bond rating
not occur until 60 days after the date on of a new underground storage tank test under § 280.104 must maintain a
which the owner or operator receives under § 280.22. copy of the guarantor’s bond rating
the notice of termination, as evidenced (c) The Director of the Implementing published within the last twelve months
by the return receipt. Termination for Agency may require an owner or by Moody’s or Standard & Poor’s.
non-payment of premium or operator to submit evidence of financial (7) An owner or operator using an
misrepresentation by the insured may assurance as described in § 280.111(b) insurance policy or risk retention group
not occur until a minimum of 10 days or other information relevant to coverage must maintain a copy of the
after the date on which the owner or signed insurance policy or risk retention
compliance with this subpart at any

operator receives the notice of time. group coverage policy, with the
termination, as evidenced by the return endorsement or certificate of insurance
receipt. § 280.111 Recordkeeping. and any amendments to the agreements.
(b) If a provider of financial (a) Owners or operators must (8) An owner or operator covered by
responsibility cancels or fails to renew maintain evidence of all financial a state fund or other state assurance
for reasons other than incapacity of the assurance mechanisms used to must maintain on file a copy of any
evidence of coverage supplied by or [Name of owner or operator] operator] and [insert: name and address
required by the state under § 280.101(d). [Title] of third-party claimant], hereby certify
(9) An owner or operator using a local [Date] that the claim of bodily injury [and/or]
government fund under § 280.107 must [Signature of witness or notary] property damage caused by an
maintain the following documents: [Name of witness or notary] accidental release arising from operating
(i) A copy of the state constitutional [Date] [owner’s or operator’s] underground
provision or local government statute, (ii) The owner or operator must storage tank should be paid in the
charter, ordinance, or order dedicating update this certification whenever the amount of $[_].
the fund; and financial assurance mechanism(s) used [Signatures]
(ii) Year-end financial statements for to demonstrate financial responsibility Owner or Operator
the most recent completed financial change(s). Attorney for Owner or Operator
reporting year showing the amount in (Notary)
§ 280.112 Drawing on financial assurance
the fund. If the fund is established mechanisms. Date
under § 280.107(c) using incremental [Signatures]
funding backed by bonding authority, (a) Except as specified in paragraph Claimant(s)
the financial statements must show the (d) of this section, the Director of the Attorney(s) for Claimant(s)
previous year’s balance, the amount of implementing agency shall require the (Notary)
funding during the year, and the closing guarantor, surety, or institution issuing Date
balance in the fund. a letter of credit to place the amount of or
(iii) If the fund is established under funds stipulated by the Director, up to (ii) A valid final court order
§ 280.107(c) using incremental funding the limit of funds provided by the establishing a judgment against the
backed by bonding authority, the owner financial assurance mechanism, into the owner or operator for bodily injury or
or operator must also maintain standby trust if: property damage caused by an
(1)(i) The owner or operator fails to accidental release from an underground
documentation of the required bonding
establish alternate financial assurance storage tank covered by financial
authority, including either the results of
within 60 days after receiving notice of assurance under this subpart and the
a voter referendum (under
cancellation of the guarantee, surety Director determines that the owner or
§ 280.107(c)(1)), or attestation by the
bond, letter of credit, or, as applicable, operator has not satisfied the judgment.
State Attorney General as specified
other financial assurance mechanism; (c) If the Director of the implementing
under § 280.107(c)(2).
and agency determines that the amount of
(10) A local government owner or
(ii) The Director determines or corrective action costs and third-party
operator using the local government
suspects that a release from an liability claims eligible for payment
guarantee supported by the local
underground storage tank covered by under paragraph (b) of this section may
government fund must maintain a copy
the mechanism has occurred and so exceed the balance of the standby trust
of the guarantor’s year-end financial
notifies the owner or operator or the fund and the obligation of the provider
statements for the most recent
owner or operator has notified the of financial assurance, the first priority
completed financial reporting year
Director pursuant to subparts E or F of for payment shall be corrective action
showing the amount of the fund.
a release from an underground storage costs necessary to protect human health
(11)(i) An owner or operator using an
tank covered by the mechanism; or and the environment. The Director shall
assurance mechanism specified in (2) The conditions of paragraph (b)(1)
§§ 280.95 through 280.107 must pay third-party liability claims in the
or (b)(2)(i) or (ii) of this section are order in which the Director receives
maintain an updated copy of a satisfied.
certification of financial responsibility certifications under paragraph (b)(2)(i)
(b) The Director of the implementing
worded as follows, except that of this section, and valid court orders
agency may draw on a standby trust
instructions in brackets are to be under paragraph (b)(2)(ii) of this section.
fund when: (d) A governmental entity acting as
replaced with the relevant information (1) The Director makes a final
and the brackets deleted: guarantor under § 280.106(e), the local
determination that a release has
Certification of Financial government guarantee without standby
occurred and immediate or long-term
Responsibility trust, shall make payments as directed
corrective action for the release is
[Owner or operator] hereby certifies by the Director under the circumstances
needed, and the owner or operator, after
that it is in compliance with the described in § 280.112(a), (b), and (c).
appropriate notice and opportunity to
requirements of subpart H of 40 CFR comply, has not conducted corrective § 280.113 Release from the requirements.
part 280. action as required under subpart F of
The financial assurance mechanism(s) An owner or operator is no longer
this part; or required to maintain financial
used to demonstrate financial (2) The Director has received either:
responsibility under subpart H of 40 responsibility under this subpart for an
(i) Certification from the owner or underground storage tank after the tank
CFR part 280 is (are) as follows: operator and the third-party liability
[For each mechanism, list the type of has been permanently closed or
claimant(s) and from attorneys undergoes a change-in-service or, if
mechanism, name of issuer, mechanism representing the owner or operator and
number (if applicable), amount of corrective action is required, after
the third-party liability claimant(s) that corrective action has been completed
coverage, effective period of coverage a third-party liability claim should be
and whether the mechanism covers and the tank has been permanently
paid. The certification must be worded closed or undergoes a change-in-service
‘‘taking corrective action’’ and/or as follows, except that instructions in
‘‘compensating third parties for bodily as required by subpart G of this part.

brackets are to be replaced with the
injury and property damage caused by’’ relevant information and the brackets § 280.114 Bankruptcy or other incapacity
either ‘‘sudden accidental releases’’ or deleted: of owner or operator or provider of financial
‘‘nonsudden accidental releases’’ or Certification of Valid Claim assurance.
‘‘accidental releases.’’] The undersigned, as principals and as (a) Within 10 days after
[Signature of owner or operator] legal representatives of [insert: owner or commencement of a voluntary or
involuntary proceeding under Title 11 owner or operator must obtain alternate include, but are not limited to,
(Bankruptcy), U.S. Code, naming an financial assurance. mortgages, deeds of trust, liens, surety
owner or operator as debtor, the owner bonds and guarantees of obligations,
or operator must notify the Director of § 280.115 Replenishment of guarantees, title held pursuant to a lease financing
letters of credit, or surety bonds.
the implementing agency by certified transaction in which the lessor does not
mail of such commencement and submit (a) If at any time after a standby trust select initially the leased property
the appropriate forms listed in is funded upon the instruction of the (hereinafter ‘‘lease financing
§ 280.111(b) documenting current Director of the implementing agency transaction’’), and legal or equitable title
financial responsibility. with funds drawn from a guarantee, obtained pursuant to foreclosure.
(b) Within 10 days after local government guarantee with Evidence of such interests also includes
commencement of a voluntary or standby trust, letter of credit, or surety assignments, pledges, or other rights to
involuntary proceeding under Title 11 bond, and the amount in the standby or other forms of encumbrance against
(Bankruptcy), U.S. Code, naming a trust is reduced below the full amount property that are held primarily to
guarantor providing financial assurance of coverage required, the owner or protect a security interest. A person is
as debtor, such guarantor must notify operator shall by the anniversary date of not required to hold title or a security
the owner or operator by certified mail the financial mechanism from which the interest in order to maintain indicia of
of such commencement as required funds were drawn: ownership.
(1) Replenish the value of financial (d) A holder is a person who, upon
under the terms of the guarantee
assurance to equal the full amount of the effective date of this regulation or in
specified in § 280.96.
coverage required; or the future, maintains indicia of
(c) Within 10 days after (2) Acquire another financial
commencement of a voluntary or ownership (as defined in § 280.200(c))
assurance mechanism for the amount by primarily to protect a security interest
involuntary proceeding under Title 11 which funds in the standby trust have
(Bankruptcy), U.S. Code, naming a local (as defined in § 280.200(f)(1)) in a
been reduced. petroleum UST or UST system or
government owner or operator as debtor, (b) For purposes of this section, the
the local government owner or operator facility or property on which a
full amount of coverage required is the petroleum UST or UST system is
must notify the Director of the amount of coverage to be provided by
implementing agency by certified mail located. A holder includes the initial
§ 280.93. If a combination of holder (such as a loan originator); any
of such commencement and submit the mechanisms was used to provide the
appropriate forms listed in § 280.111(b) subsequent holder (such as a successor-
assurance funds which were drawn in-interest or subsequent purchaser of
documenting current financial upon, replenishment shall occur by the the security interest on the secondary
responsibility. earliest anniversary date among the market); a guarantor of an obligation,
(d) Within 10 days after mechanisms. surety, or any other person who holds
commencement of a voluntary or
§ 280.116 Suspension of enforcement.
ownership indicia primarily to protect a
involuntary proceeding under Title 11
[Reserved] security interest; or a receiver or other
(Bankruptcy), U.S. Code, naming a
person who acts on behalf or for the
guarantor providing a local government benefit of a holder.
financial assurance as debtor, such Subpart I—Lender Liability
(e) A borrower, debtor, or obligor is a
guarantor must notify the local § 280.200 Definitions. person whose UST or UST system or
government owner or operator by (a) UST technical standards, as used facility or property on which the UST or
certified mail of such commencement as in this subpart, refers to the UST UST system is located is encumbered by
required under the terms of the preventative and operating requirements a security interest. These terms may be
guarantee specified in § 280.106. under subparts B, C, D, G, J, and K of used interchangeably.
(e) An owner or operator who obtains this part and § 280.50. (f) Primarily to protect a security
financial assurance by a mechanism (b) Petroleum production, refining, interest means that the holder’s indicia
other than the financial test of self- and marketing. (1) Petroleum of ownership are held primarily for the
insurance will be deemed to be without production means the production of purpose of securing payment or
the required financial assurance in the crude oil or other forms of petroleum (as performance of an obligation.
event of a bankruptcy or incapacity of defined in § 280.12) as well as the (1) Security interest means an interest
its provider of financial assurance, or a production of petroleum products from in a petroleum UST or UST system or
suspension or revocation of the purchased materials. in the facility or property on which a
authority of the provider of financial (2) Petroleum refining means the petroleum UST or UST system is
assurance to issue a guarantee, cracking, distillation, separation, located, created or established for the
insurance policy, risk retention group conversion, upgrading, and finishing of purpose of securing a loan or other
coverage policy, surety bond, letter of refined petroleum or petroleum obligation. Security interests include
credit, or state-required mechanism. The products. but are not limited to mortgages, deeds
owner or operator must obtain alternate (3) Petroleum marketing means the of trusts, liens, and title pursuant to
financial assurance as specified in this distribution, transfer, or sale of lease financing transactions. Security
subpart within 30 days after receiving petroleum or petroleum products for interests may also arise from
notice of such an event. If the owner or wholesale or retail purposes. transactions such as sale and leasebacks,
operator does not obtain alternate (c) Indicia of ownership means conditional sales, installment sales,
coverage within 30 days after such evidence of a secured interest, evidence trust receipt transactions, certain
notification, he must notify the Director of an interest in a security interest, or assignments, factoring agreements,
of the implementing agency. evidence of an interest in real or accounts receivable financing

(f) Within 30 days after receipt of personal property securing a loan or arrangements, and consignments, if the
notification that a state fund or other other obligation, including any legal or transaction creates or establishes an
state assurance has become incapable of equitable title or deed to real or personal interest in an UST or UST system or in
paying for assured corrective action or property acquired through or incident to the facility or property on which the
third-party compensation costs, the foreclosure. Evidence of such interests UST or UST system is located, for the
purpose of securing a loan or other executive officer. Financial or will remain within the exemption
obligation. administrative aspects include functions provided that the holder does not
(2) Primarily to protect a security such as that of a credit manager, together with other actions participate
interest, as used in this subpart, does accounts payable/receivable manager, in the management of the UST or UST
not include indicia of ownership held personnel manager, controller, chief system as provided in § 280.210(a).
primarily for investment purposes, nor financial officer, or similar functions. Such policing actions include, but are
ownership indicia held primarily for Operational aspects of the enterprise do not limited to, requiring the borrower to
purposes other than as protection for a not include the financial or clean up contamination from the UST or
security interest. A holder may have administrative aspects of the enterprise, UST system during the term of the
other, secondary reasons for or actions associated with security interest; requiring the borrower
maintaining indicia of ownership, but environmental compliance, or actions to comply or come into compliance with
the primary reason why any ownership undertaken voluntarily to protect the applicable federal, state, and local
indicia are held must be as protection environment in accordance with environmental and other laws, rules,
for a security interest. applicable requirements in this part or and regulations during the term of the
(g) Operation means, for purposes of applicable state requirements in those security interest; securing or exercising
this subpart, the use, storage, filling, or states that have been delegated authority authority to monitor or inspect the UST
dispensing of petroleum contained in an by EPA to administer the UST program or UST system or facility or property on
UST or UST system. pursuant to 42 U.S.C. 6991c and 40 CFR which the UST or UST system is located
part 281. (including on-site inspections) in which
§ 280.210 Participation in management. (b) Actions that are not participation indicia of ownership are maintained, or
The term ‘‘participating in the in management pre-foreclosure. (1) the borrower’s business or financial
management of an UST or UST system’’ Actions at the inception of the loan or condition during the term of the
means that, subsequent to the effective other transaction. No act or omission security interest; or taking other actions
date of this subpart, December 6, 1995, prior to the time that indicia of to adequately police the loan or security
the holder is engaging in ownership are held primarily to protect interest (such as requiring a borrower to
decisionmaking control of, or activities a security interest constitutes evidence comply with any warranties, covenants,
related to, operation of the UST or UST of participation in management within conditions, representations, or promises
system, as defined herein. the meaning of this subpart. A from the borrower).
(a) Actions that are participation in prospective holder who undertakes or (B) Policing activities also include
management. (1) Participation in the requires an environmental investigation undertaking by the holder of UST
management of an UST or UST system (which could include a site assessment, environmental compliance actions and
means, for purposes of this subpart, inspection, and/or audit) of the UST or voluntary environmental actions taken
actual participation by the holder in the UST system or facility or property on in compliance with this part, provided
management or control of which the UST or UST system is located that the holder does not otherwise
decisionmaking related to the operation (in which indicia of ownership are to be participate in the management or daily
of an UST or UST system. Participation held), or requires a prospective operation of the UST or UST system as
in management does not include the borrower to clean up contamination provided in § 280.210(a) and § 280.230.
mere capacity or ability to influence or from the UST or UST system or to Such allowable actions include, but are
the unexercised right to control UST or comply or come into compliance not limited to, release detection and
UST system operations. A holder is (whether prior or subsequent to the time release reporting, release response and
participating in the management of the that indicia of ownership are held corrective action, temporary or
UST or UST system only if the holder primarily to protect a security interest) permanent closure of an UST or UST
either: with any applicable law or regulation, is system, UST upgrading or replacement,
(i) Exercises decisionmaking control not by such action considered to be and maintenance of corrosion
over the operational (as opposed to participating in the management of the protection. A holder who undertakes
financial or administrative) aspects of UST or UST system or facility or these actions must do so in compliance
the UST or UST system, such that the property on which the UST or UST with the applicable requirements in this
holder has undertaken responsibility for system is located. part or applicable state requirements in
all or substantially all of the (2) Loan policing and work out. those states that have been delegated
management of the UST or UST system; Actions that are consistent with holding authority by EPA to administer the UST
or ownership indicia primarily to protect a program pursuant to 42 U.S.C. 6991c
(ii) Exercises control at a level security interest do not constitute and 40 CFR part 281. A holder may
comparable to that of a manager of the participation in management for directly oversee these environmental
borrower’s enterprise, such that the purposes of this subpart. The authority compliance actions and voluntary
holder has assumed or manifested for the holder to take such actions may, environmental actions, and directly hire
responsibility for the overall but need not, be contained in contractors to perform the work, and is
management of the enterprise contractual or other documents not by such action considered to be
encompassing the day-to-day specifying requirements for financial, participating in the management of the
decisionmaking of the enterprise with environmental, and other warranties, UST or UST system.
respect to all, or substantially all, of the covenants, conditions, representations (ii) Loan work out. A holder who
operational (as opposed to financial or or promises from the borrower. Loan engages in work out activities prior to
administrative) aspects of the enterprise. policing and work out activities cover foreclosure will remain within the
(2) Operational aspects of the and include all such activities up to exemption provided that the holder
enterprise relate to the use, storage, foreclosure, exclusive of any activities does not together with other actions
filling, or dispensing of petroleum that constitute participation in participate in the management of the
contained in an UST or UST system, management. UST or UST system as provided in
and include functions such as that of a (i) Policing the security interest or § 280.210(a). For purposes of this rule,
facility or plant manager, operations loan. (A) A holder who engages in ‘‘work out’’ refers to those actions by
manager, chief operating officer, or chief policing activities prior to foreclosure which a holder, at any time prior to
foreclosure, seeks to prevent, cure, or in § 280.210(a)) prior to or after (defined as one with a circulation over
mitigate a default by the borrower or foreclosure. 10,000, or one suitable under any
obligor; or to preserve, or prevent the (ii) For purposes of establishing that applicable federal, state, or local rules of
diminution of, the value of the security. a holder is seeking to sell, re-lease court for publication required by court
Work out activities include, but are not pursuant to a lease financing transaction order or rules of civil procedure)
limited to, restructuring or renegotiating (whether by a new lease financing covering the location of the UST or UST
the terms of the security interest; transaction or substitution of the lessee), system or facility or property on which
requiring payment of additional rent or or divest in a reasonably expeditious the UST or UST system is located. For
interest; exercising forbearance; manner an UST or UST system or purposes of this provision, the 12-
requiring or exercising rights pursuant facility or property on which the UST or month period begins to run from
to an assignment of accounts or other UST system is located, the holder may December 6, 1995 or from the date that
amounts owing to an obligor; requiring use whatever commercially reasonable the marketable title or deed has been
or exercising rights pursuant to an means as are relevant or appropriate issued, approved and recorded, and the
escrow agreement pertaining to amounts with respect to the UST or UST system holder has obtained access to the UST,
owing to an obligor; providing specific or facility or property on which the UST UST system, UST facility and property
or general financial or other advice, or UST system is located, or may on which the UST or UST system is
suggestions, counseling, or guidance; employ the means specified in located, whichever is later, provided
and exercising any right or remedy the § 280.210(c)(2). A holder that outbids, that the holder acted diligently to
holder is entitled to by law or under any rejects, or fails to act upon a written acquire marketable title or deed and to
warranties, covenants, conditions, bona fide, firm offer of fair obtain access to the UST, UST system,
representations, or promises from the consideration for the UST or UST UST facility and property on which the
borrower. system or facility or property on which UST or UST system is located. If the
(c) Foreclosure on an UST or UST the UST or UST system is located, as holder fails to act diligently to acquire
system or facility or property on which provided in § 280.210(c)(2), is not marketable title or deed or to gain access
an UST or UST system is located, and considered to hold indicia of ownership to the UST or UST system, the 12-month
participation in management activities primarily to protect a security interest. period begins to run from December 6,
(2) Holding foreclosed property for 1995 or from the date on which the
post-foreclosure.
disposition and liquidation. A holder, holder first acquires either title to or
(1) Foreclosure. (i) Indicia of who does not participate in possession of the secured UST or UST
ownership that are held primarily to management prior to or after system, or facility or property on which
protect a security interest include legal foreclosure, may sell, re-lease, pursuant the UST or UST system is located,
or equitable title or deed to real or to a lease financing transaction (whether whichever is later.
personal property acquired through or by a new lease financing transaction or (ii) A holder that outbids, rejects, or
incident to foreclosure. For purposes of substitution of the lessee), an UST or fails to act upon an offer of fair
this subpart, the term ‘‘foreclosure’’ UST system or facility or property on consideration for the UST or UST
means that legal, marketable or which the UST or UST system is system or the facility or property on
equitable title or deed has been issued, located, liquidate, wind up operations, which the UST or UST system is
approved, and recorded, and that the and take measures, prior to sale or other located, establishes by such outbidding,
holder has obtained access to the UST, disposition, to preserve, protect, or rejection, or failure to act, that the
UST system, UST facility, and property prepare the secured UST or UST system ownership indicia in the secured UST
on which the UST or UST system is or facility or property on which the UST or UST system or facility or property on
located, provided that the holder acted or UST system is located. A holder may which the UST or UST system is located
diligently to acquire marketable title or also arrange for an existing or new are not held primarily to protect the
deed and to gain access to the UST, UST operator to continue or initiate security interest, unless the holder is
system, UST facility, and property on operation of the UST or UST system. required, in order to avoid liability
which the UST or UST system is The holder may conduct these activities under federal or state law, to make a
located. The indicia of ownership held without voiding the security interest higher bid, to obtain a higher offer, or
after foreclosure continue to be exemption, subject to the requirements to seek or obtain an offer in a different
maintained primarily as protection for a of this subpart. manner.
security interest provided that the (i) A holder establishes that the (A) Fair consideration, in the case of
holder undertakes to sell, re-lease an ownership indicia maintained after a holder maintaining indicia of
UST or UST system or facility or foreclosure continue to be held ownership primarily to protect a senior
property on which the UST or UST primarily to protect a security interest security interest in the UST or UST
system is located, held pursuant to a by, within 12 months following system or facility or property on which
lease financing transaction (whether by foreclosure, listing the UST or UST the UST or UST system is located, is the
a new lease financing transaction or system or the facility or property on value of the security interest as defined
substitution of the lessee), or otherwise which the UST or UST system is in this section. The value of the security
divest itself of the UST or UST system located, with a broker, dealer, or agent interest includes all debt and costs
or facility or property on which the UST who deals with the type of property in incurred by the security interest holder,
or UST system is located, in a question, or by advertising the UST or and is calculated as an amount equal to
reasonably expeditious manner, using UST system or facility or property on or in excess of the sum of the
whatever commercially reasonable which the UST or UST system is outstanding principal (or comparable
means are relevant or appropriate with located, as being for sale or disposition amount in the case of a lease that
respect to the UST or UST system or on at least a monthly basis in either a constitutes a security interest) owed to
facility or property on which the UST or real estate publication or a trade or other the holder immediately preceding the
UST system is located, taking all facts publication suitable for the UST or UST acquisition of full title (or possession in
and circumstances into consideration, system or facility or property on which the case of a lease financing transaction)
and provided that the holder does not the UST or UST system is located, or a pursuant to foreclosure, plus any
participate in management (as defined newspaper of general circulation unpaid interest, rent, or penalties
(whether arising before or after marketable title or deed has been issued, with the UST technical standards as
foreclosure). The value of the security approved and recorded to the holder, defined in § 280.200(a), the UST
interest also includes all reasonable and and the holder has obtained access to corrective action requirements under
necessary costs, fees, or other charges the UST, UST system, UST facility and §§ 280.51 through 280.67, and the UST
incurred by the holder incident to work property on which the UST or UST financial responsibility requirements
out, foreclosure, retention, preserving, system is located, whichever is later, under §§ 280.90 through 280.111,
protecting, and preparing, prior to sale, provided that the holder was acting provided the person:
the UST or UST system or facility or diligently to acquire marketable title or (a) Does not participate in the
property on which the UST or UST deed and to obtain access to the UST or management of the UST or UST system
system is located, re-lease, pursuant to UST system, UST facility and property as defined in § 280.210; and
a lease financing transaction (whether on which the UST or UST system is (b) Does not engage in petroleum
by a new lease financing transaction or located. If the holder fails to act production, refining, and marketing as
substitution of the lessee), of an UST or diligently to acquire marketable title or defined in § 280.200(b).
UST system or facility or property on deed or to gain access to the UST or
§ 280.230 Operating an underground
which the UST or UST system is UST system, the six-month period storage tank or underground storage tank
located, or other disposition. The value begins to run from December 6, 1995 or system.
of the security interest also includes from the date on which the holder first (a) Operating an UST or UST system
environmental investigation costs acquires either title to or possession of prior to foreclosure. A holder, prior to
(which could include a site assessment, the secured UST or UST system, or foreclosure, as defined in § 280.210(c),
inspection, and/or audit of the UST or facility or property on which the UST or is not an ‘‘operator’’ of a petroleum UST
UST system or facility or property on UST system is located, whichever is or UST system for purposes of
which the UST or UST system is later. compliance with the UST technical
located), and corrective action costs (3) Actions that are not participation
standards as defined in § 280.200(a), the
incurred under §§ 280.51 through in management post-foreclosure. A
UST corrective action requirements
280.67 or any other costs incurred as a holder is not considered to be
under §§ 280.51 through 280.67, and the
result of reasonable efforts to comply participating in the management of an
UST financial responsibility
with any other applicable federal, state UST or UST system or facility or
requirements under §§ 280.90 through
or local law or regulation; less any property on which the UST or UST
280.111, provided that, after December
amounts received by the holder in system is located when undertaking
6, 1995, the holder is not in control of
connection with any partial disposition actions under this part, provided that
or does not have responsibility for the
of the property and any amounts paid the holder does not otherwise
daily operation of the UST or UST
by the borrower (if not already applied participate in the management or daily
system.
to the borrower’s obligations) operation of the UST or UST system as
(b) Operating an UST or UST system
subsequent to the acquisition of full title provided in § 280.210(a) and § 280.230.
after foreclosure. The following
(or possession in the case of a lease Such allowable actions include, but are
provisions apply to a holder who,
financing transaction) pursuant to not limited to, release detection and
through foreclosure, as defined in
foreclosure. In the case of a holder release reporting, release response and
§ 280.210(c), acquires a petroleum UST
maintaining indicia of ownership corrective action, temporary or
or UST system or facility or property on
primarily to protect a junior security permanent closure of an UST or UST
which a petroleum UST or UST system
interest, fair consideration is the value system, UST upgrading or replacement,
is located.
of all outstanding higher priority and maintenance of corrosion (1) A holder is not an ‘‘operator’’ of
security interests plus the value of the protection. A holder who undertakes a petroleum UST or UST system for
security interest held by the junior these actions must do so in compliance purposes of compliance with this part if
holder, each calculated as set forth in with the applicable requirements in this there is an operator, other than the
this paragraph (c). part or applicable state requirements in holder, who is in control of or has
(B) Outbids, rejects, or fails to act those states that have been delegated responsibility for the daily operation of
upon an offer of fair consideration authority by EPA to administer the UST the UST or UST system, and who can
means that the holder outbids, rejects, program pursuant to 42 U.S.C. 6991c be held responsible for compliance with
or fails to act upon within 90 days of and 40 CFR part 281. A holder may applicable requirements of this part or
receipt, a written, bona fide, firm offer directly oversee these environmental applicable state requirements in those
of fair consideration for the UST or UST compliance actions and voluntary states that have been delegated authority
system or facility or property on which environmental actions, and directly hire by EPA to administer the UST program
the UST or UST system is located contractors to perform the work, and is pursuant to 42 U.S.C. 6991c and 40 CFR
received at any time after six months not by such action considered to be part 281.
following foreclosure, as defined in participating in the management of the (2) If another operator does not exist,
§ 280.210(c). A ‘‘written, bona fide, firm UST or UST system. as provided for under paragraph (b)(1)
offer’’ means a legally enforceable, § 280.220 Ownership of an underground of this section, a holder is not an
commercially reasonable, cash offer storage tank or underground storage tank ‘‘operator’’ of the UST or UST system,
solely for the foreclosed UST or UST system or facility or property on which an for purposes of compliance with the
system or facility or property on which underground storage tank or underground UST technical standards as defined in
the UST or UST system is located, storage tank system is located. § 280.200(a), the UST corrective action
including all material terms of the Ownership of an UST or UST system requirements under §§ 280.51 through
transaction, from a ready, willing, and or facility or property on which an UST 280.67, and the UST financial
able purchaser who demonstrates to the or UST system is located. A holder is responsibility requirements under
holder’s satisfaction the ability to not an ‘‘owner’’ of a petroleum UST or §§ 280.90 through 280.111, provided
perform. For purposes of this provision, UST system or facility or property on that the holder:
the six-month period begins to run from which a petroleum UST or UST system (i) Empties all of its known USTs and
December 6, 1995 or from the date that is located for purposes of compliance UST systems within 60 calendar days
after foreclosure or within 60 calendar system is located, the purchaser must (xi) Training requirements for Class B
days after December 6, 1995, whichever decide whether to operate or close the and Class C operators.
is later, or another reasonable time UST or UST system in accordance with (2) At a minimum, the training
period specified by the implementing applicable requirements in this part or program must evaluate Class A
agency, so that no more than 2.5 applicable state requirements in those operators to determine these individuals
centimeters (one inch) of residue, or 0.3 states that have been delegated authority have the knowledge and skills to make
percent by weight of the total capacity by EPA to administer the UST program informed decisions regarding
of the UST system, remains in the pursuant to 42 U.S.C. 6991c and 40 CFR compliance and determine whether
system; leaves vent lines open and part 281. appropriate individuals are fulfilling the
functioning; and caps and secures all operation, maintenance, and
other lines, pumps, manways, and Subpart J—Operator Training recordkeeping requirements for UST
ancillary equipment; and § 280.240 General requirement for all UST systems in accordance with paragraph
(ii) Empties those USTs and UST systems. (a)(1) of this section.
systems that are discovered after (b) Class B operators. Each designated
Not later than October 13, 2018, all
foreclosure within 60 calendar days Class B operator must either receive
owners and operators of UST systems
after discovery or within 60 calendar training in accordance with paragraphs
must ensure they have designated Class
days after December 6, 1995, whichever (b)(1) and (2) of this section or pass a
A, Class B, and Class C operators who
is later, or another reasonable time comparable examination, in accordance
meet the requirements of this subpart.
period specified by the implementing with paragraph (e) of this section.
agency, so that no more than 2.5 § 280.241 Designation of Class A, B, and C (1) At a minimum, the training
centimeters (one inch) of residue, or 0.3 operators. program for the Class B operator must
percent by weight of the total capacity UST system owners and operators cover either: general requirements that
of the UST system, remains in the must designate: encompass all regulatory requirements
system; leaves vent lines open and (a) At least one Class A and one Class and typical equipment used at UST
functioning; and caps and secures all B operator for each UST or group of facilities; or site-specific requirements
other lines, pumps, manways, and USTs at a facility; and which address only the regulatory
ancillary equipment. (b) Each individual who meets the requirements and equipment specific to
(3) If another operator does not exist, definition of Class C operator at the UST the facility. At a minimum, the training
as provided for under paragraph (b)(1) facility as a Class C operator. program for Class B operators must
of this section, in addition to satisfying teach the Class B operator, as
§ 280.242 Requirements for operator
the conditions under paragraph (b)(2) of training. applicable, about the purpose, methods,
this section, the holder must either: and function of:
(i) Permanently close the UST or UST UST system owners and operators
(i) Operation and maintenance;
system in accordance with §§ 280.71 must ensure Class A, Class B, and Class
(ii) Spill and overfill prevention;
through 280.74, except § 280.72(b); or C operators meet the requirements of (iii) Release detection and related
(ii) Temporarily close the UST or UST this section. Any individual designated
reporting;
system in accordance with the following for more than one operator class must (iv) Corrosion protection;
applicable provisions of § 280.70: successfully complete the required (v) Emergency response;
(A) Continue operation and training program or comparable (vi) Product and equipment
maintenance of corrosion protection in examination according to the operator compatibility and demonstration;
accordance with § 280.31; class in which the individual is (vii) Reporting, recordkeeping, testing,
(B) Report suspected releases to the designated. and inspections;
implementing agency; and (a) Class A operators. Each designated (viii) Environmental and regulatory
(C) Conduct a site assessment in Class A operator must either be trained consequences of releases; and
accordance with § 280.72(a) if the UST in accordance with paragraphs (a)(1) (ix) Training requirements for Class C
system is temporarily closed for more and (2) of this section or pass a operators.
than 12 months and the UST system comparable examination in accordance (2) At a minimum, the training
does not meet either the performance with paragraph (e) of this section. program must evaluate Class B operators
standards in § 280.20 for new UST (1) At a minimum, the training to determine these individuals have the
systems or the upgrading requirements program for the Class A operator must knowledge and skills to implement
in § 280.21, except that the spill and provide general knowledge of the applicable UST regulatory requirements
overfill equipment requirements do not requirements in this paragraph (a). At a in the field on the components of
have to be met. The holder must report minimum, the training must teach the typical UST systems or, as applicable,
any suspected releases to the Class A operators, as applicable, about site-specific equipment used at an UST
implementing agency. For purposes of the purpose, methods, and function of: facility in accordance with paragraph
this provision, the 12-month period (i) Spill and overfill prevention; (b)(1) of this section.
begins to run from December 6, 1995 or (ii) Release detection; (c) Class C operators. Each designated
(iii) Corrosion protection;
from the date on which the UST system (iv) Emergency response; Class C operator must either: be trained
is emptied and secured under paragraph (v) Product and equipment by a Class A or Class B operator in
(b)(2) of this section, whichever is later. compatibility and demonstration; accordance with paragraphs (c)(1) and
(4) The UST system can remain in (vi) Financial responsibility; (2) of this section; complete a training
temporary closure until a subsequent (vii) Notification and storage tank program in accordance with paragraphs
purchaser has acquired marketable title (c)(1) and (2) of this section; or pass a
registration;
to the UST or UST system or facility or (viii) Temporary and permanent comparable examination, in accordance
property on which the UST or UST closure; with paragraph (e) of this section.
system is located. Once a subsequent (ix) Related reporting, recordkeeping, (1) At a minimum, the training
purchaser acquires marketable title to testing, and inspections; program for the Class C operator must
the UST or UST system or facility or (x) Environmental and regulatory teach the Class C operators to take
property on which the UST or UST consequences of releases; and appropriate actions (including notifying
appropriate authorities) in response to independent organization, the requirements also apply to the following
emergencies or alarms caused by spills implementing agency, or a recognized types of training:
or releases resulting from the operation authority. At a minimum, the training (1) Records from classroom or field
of the UST system. must cover the area(s) determined to be training programs (including Class C
(2) At a minimum, the training out of compliance. UST system owners operator training provided by the Class
program must evaluate Class C operators and operators must ensure Class A and A or Class B operator) or a comparable
to determine these individuals have the Class B operators are retrained pursuant examination must, at a minimum, be
knowledge and skills to take appropriate to this section no later than 30 days signed by the trainer or examiner;
action (including notifying appropriate from the date the implementing agency (2) Records from computer based
authorities) in response to emergencies determines the facility is out of training must, at a minimum, indicate
or alarms caused by spills or releases compliance except in one of the the name of the training program and
from an underground storage tank following situations: web address, if Internet based; and
system. (a) Class A and Class B operators take (3) Records of retraining must include
(d) Training program. Any training annual refresher training. Refresher those areas on which the Class A or
program must meet the minimum training for Class A and Class B Class B operator has been retrained.
requirements of this section and include operators must cover all applicable
an evaluation through testing, a requirements in § 280.242, or Subpart K—UST Systems with Field-
practical demonstration, or another (b) The implementing agency, at its Constructed Tanks and Airport
approach acceptable to the discretion, waives this retraining Hydrant Fuel Distribution Systems
implementing agency. requirement for either the Class A or § 280.250 Definitions.
(e) Comparable examination. A Class B operator or both.
comparable examination must, at a For purposes of this subpart, the
minimum, test the knowledge of the § 280.245 Documentation. following definitions apply:
Class A, Class B, or Class C operators in Airport hydrant fuel distribution
Owners and operators of underground
accordance with the requirements of system (also called airport hydrant
storage tank systems must maintain a
paragraphs (a), (b), or (c) of this section, system) means an UST system which
list of designated Class A, Class B, and
as applicable. fuels aircraft and operates under high
Class C operators and maintain records
pressure with large diameter piping that
§ 280.243 Timing of operator training.
verifying that training and retraining, as
typically terminates into one or more
applicable, have been completed, in
(a) An owner and operator must hydrants (fill stands). The airport
accordance with § 280.34 as follows:
ensure that designated Class A, Class B, hydrant system begins where fuel enters
(a) The list must:
and Class C operators meet the one or more tanks from an external
requirements in § 280.242 not later than (1) Identify all Class A, Class B, and source such as a pipeline, barge, rail car,
October 13, 2018. Class C operators currently designated or other motor fuel carrier.
(b) Class A and Class B operators for the facility; and Field-constructed tank means a tank
designated after October 13, 2018 must (2) Include names, class of operator constructed in the field. For example, a
meet requirements in § 280.242 within trained, date assumed duties, date each tank constructed of concrete that is
30 days of assuming duties. completed initial training, and any poured in the field, or a steel or
(c) Class C operators designated after retraining. fiberglass tank primarily fabricated in
October 13, 2018 must be trained before (b) Records verifying completion of the field is considered field-constructed.
assuming duties of a Class C operator. training or retraining must be a paper or
electronic record for Class A, Class B, § 280.251 General requirements.
§ 280.244 Retraining. and Class C operators. The records, at a (a) Implementation of requirements.
Class A and Class B operators of UST minimum, must identify name of Owners and operators must comply
systems determined by the trainee, date trained, operator training with the requirements of this part for
implementing agency to be out of class completed, and list the name of UST systems with field-constructed
compliance must complete a training the trainer or examiner and the training tanks and airport hydrant systems as
program or comparable examination in company name, address, and telephone follows:
accordance with requirements in number. Owners and operators must (1) For UST systems installed on or
§ 280.242. The training program or maintain these records for as long as before October 13, 2015 the
comparable examination must be Class A, Class B, and Class C operators requirements are effective according to
developed or administered by an are designated. The following the following schedule:
Requirement Effective date
Upgrading UST systems; general operating requirements; and operator training ............................................................... October 13, 2018.
Release detection .................................................................................................................................................................. October 13, 2018.
Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in October 13, 2015.
paragraph (b) of this section).
(2) For UST systems installed after appendix I of this part or a state form the requirements of subparts A through
October 13, 2015, the requirements in accordance with § 280.22(c). Owners H and J of this part.
apply at installation. and operators of UST systems in use as (d) In addition to the codes of practice
(b) Not later than October 13, 2018, all of October 13, 2015 must demonstrate listed in § 280.20, owners and operators
owners of previously deferred UST financial responsibility at the time of may use military construction criteria,
systems must submit a one-time notice submission of the notification form. such as Unified Facilities Criteria (UFC)
of tank system existence to the (c) Except as provided in § 280.252, 3–460–01, Petroleum Fuel Facilities,
implementing agency, using the form in owners and operators must comply with when designing, constructing, and
installing airport hydrant systems and (B) NACE International Standard Practice with a tank tightness test that can detect
UST systems with field-constructed SP 0169, ‘‘Control of External Corrosion on a 0.2 gallon per hour leak rate
tanks. Underground or Submerged Metallic Piping performed at least every three years;
Systems’’;
(C) National Leak Prevention Association
(iii) Use an automatic tank gauging
§ 280.252 Additions, exceptions, and
alternatives for UST systems with field- Standard 631, Chapter C, ‘‘Internal system to perform release detection at
constructed tanks and airport hydrant Inspection of Steel Tanks for Retrofit of least every 30 days that can detect a leak
systems. Cathodic Protection’’; or rate less than or equal to two gallons per
(a) Exception to piping secondary (D) American Society for Testing and hour. This method must be combined
Materials Standard G158, ‘‘Standard Guide with a tank tightness test that can detect
containment requirements. Owners and
for Three Methods of Assessing Buried Steel a 0.2 gallon per hour leak rate
operators may use single walled piping Tanks’’.
when installing or replacing piping performed at least every two years;
associated with UST systems with field- (2) Spill and overfill prevention (iv) Perform vapor monitoring
constructed tanks greater than 50,000 equipment. To prevent spilling and (conducted in accordance with
gallons and piping associated with overfilling associated with product § 280.43(e) for a tracer compound
airport hydrant systems. Piping transfer to the UST system, all UST placed in the tank system) capable of
associated with UST systems with field- systems with field-constructed tanks detecting a 0.1 gallon per hour leak rate
constructed tanks less than or equal to and airport hydrant systems must at least every two years;
50,000 gallons not part of an airport comply with new UST system spill and (v) Perform inventory control
hydrant system must meet the overfill prevention equipment (conducted in accordance with
secondary containment requirement requirements specified in § 280.20(c). Department of Defense Directive
when installed or replaced. (c) Walkthrough inspections. In 4140.25; ATA Airport Fuel Facility
(b) Upgrade requirements. Not later addition to the walkthrough inspection Operations and Maintenance Guidance
than October 13, 2018, airport hydrant requirements in § 280.36, owners and Manual; or equivalent procedures) at
systems and UST systems with field- operators must inspect the following least every 30 days that can detect a leak
constructed tanks where installation additional areas for airport hydrant equal to or less than 0.5 percent of flow-
commenced on or before October 13, systems at least once every 30 days if through; and
2015 must meet the following confined space entry according to the (A) Perform a tank tightness test that
requirements or be permanently closed Occupational Safety and Health can detect a 0.5 gallon per hour leak rate
pursuant to subpart G of this part. Administration (see 29 CFR part 1910) at least every two years; or
(1) Corrosion protection. UST system is not required or at least annually if (B) Perform vapor monitoring or
components in contact with the ground confined space entry is required and groundwater monitoring (conducted in
that routinely contain regulated keep documentation of the inspection accordance with § 280.43(e) or (f),
substances must meet one of the according to § 280.36(b). respectively, for the stored regulated
following: (1) Hydrant pits—visually check for substance) at least every 30 days; or
(i) Except as provided in paragraph (a) any damage; remove any liquid or
(vi) Another method approved by the
of this section, the new UST system debris; and check for any leaks, and
(2) Hydrant piping vaults—check for implementing agency if the owner and
performance standards for tanks at operator can demonstrate that the
§ 280.20(a) and for piping at § 280.20(b); any hydrant piping leaks.
(d) Release detection. Owners and method can detect a release as
or effectively as any of the methods
(ii) Be constructed of metal and operators of UST systems with field-
constructed tanks and airport hydrant allowed in paragraphs (d)(1)(i) through
cathodically protected according to a (v) of this section. In comparing
code of practice developed by a systems must begin meeting the release
detection requirements described in this methods, the implementing agency shall
nationally recognized association or consider the size of release that the
independent testing laboratory and subpart not later than October 13, 2018.
(1) Methods of release detection for method can detect and the frequency
meets the following: and reliability of detection.
(A) Cathodic protection must meet the field-constructed tanks. Owners and
operators of field-constructed tanks with (2) Methods of release detection for
requirements of § 280.20(a)(2)(ii), (iii),
a capacity less than or equal to 50,000 piping. Owners and operators of
and (iv) for tanks, and § 280.20(b)(2)(ii),
gallons must meet the release detection underground piping associated with
(iii), and (iv) for piping.
(B) Tanks greater than 10 years old requirements in subpart D of this part. field-constructed tanks less than or
without cathodic protection must be Owners and operators of field- equal to 50,000 gallons must meet the
assessed to ensure the tank is constructed tanks with a capacity release detection requirements in
structurally sound and free of corrosion greater than 50,000 gallons must meet subpart D of this part. Owners and
holes prior to adding cathodic either the requirements in subpart D operators of underground piping
protection. The assessment must be by (except § 280.43(e) and (f) must be associated with airport hydrant systems
internal inspection or another method combined with inventory control as and field-constructed tanks greater than
determined by the implementing agency stated below) or use one or a 50,000 gallons must follow either the
to adequately assess the tank for combination of the following alternative requirements in subpart D (except
structural soundness and corrosion methods of release detection: § 280.43(e) and (f) must be combined
holes. (i) Conduct an annual tank tightness with inventory control as stated below)
test that can detect a 0.5 gallon per hour or use one or a combination of the
Note to paragraph (b). The following codes following alternative methods of release
leak rate;
of practice may be used to comply with this detection:

paragraph (b):
(ii) Use an automatic tank gauging
(A) NACE International Standard Practice system to perform release detection at (i)(A) Perform a semiannual or annual
SP 0285, ‘‘External Control of Underground least every 30 days that can detect a leak line tightness test at or above the piping
Storage Tank Systems by Cathodic rate less than or equal to one gallon per operating pressure in accordance with
Protection’’; hour. This method must be combined the table below.
MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Semiannual Annual test—
test—leak leak detection
Test section volume detection rate rate not to
(gallons) not to exceed exceed
(gallons per (gallons per
hour) hour)
<50,000 .................................................................................................................................................................. 1.0 0.5

≥50,000 to <75,000 ............................................................................................................................................... 1.5 0.75
≥75,000 to <100,000 ............................................................................................................................................. 2.0 1.0
≥100,000 ................................................................................................................................................................ 3.0 1.5
(B) Piping segment volumes ≥100,000 maximum 3.0 gallon per hour leak rate a leak rate up to 6.0 gallons per hour
gallons not capable of meeting the for the semiannual test may be tested at according to the following schedule:
PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME
First test ............................... Not later than October 13, 2018 (may use up to 6.0 gph leak rate).
Second test .......................... Between October 13, 2018 and October 13, 2021 (may use up to 6.0 gph leak rate).
Third test .............................. Between October 13, 2021 and October 13, 2022 (must use 3.0 gph for leak rate).
Subsequent tests ................. After October 13, 2022, begin using semiannual or annual line testing according to the Maximum Leak Detection
Rate Per Test Section Volume table above.
(ii) Perform vapor monitoring (B) Perform vapor monitoring or according to the recordkeeping
(conducted in accordance with groundwater monitoring (conducted in requirements in § 280.45.
§ 280.43(e) for a tracer compound accordance with § 280.43(e) or (f), (e) Applicability of closure
placed in the tank system) capable of respectively, for the stored regulated
requirements to previously closed UST
detecting a 0.1 gallon per hour leak rate substance) at least every 30 days; or
systems. When directed by the
at least every two years; (iv) Another method approved by the
implementing agency, the owner and
(iii) Perform inventory control implementing agency if the owner and
operator of an UST system with field-
(conducted in accordance with operator can demonstrate that the
constructed tanks or airport hydrant
Department of Defense Directive method can detect a release as
4140.25; ATA Airport Fuel Facility effectively as any of the methods system permanently closed before
Operations and Maintenance Guidance allowed in paragraphs (d)(2)(i) through October 13, 2015 must assess the
Manual; or equivalent procedures) at (iii) of this section. In comparing excavation zone and close the UST
least every 30 days that can detect a leak methods, the implementing agency shall system in accordance with subpart G of
equal to or less than 0.5 percent of flow- consider the size of release that the this part if releases from the UST may,
through; and method can detect and the frequency in the judgment of the implementing
(A) Perform a line tightness test and reliability of detection. agency, pose a current or potential
(conducted in accordance with (3) Recordkeeping for release threat to human health and the
paragraph (d)(2)(i) of this section using detection. Owners and operators must environment.
the leak rates for the semiannual test) at maintain release detection records
least every two years; or
Appendix I to Part 280—Notification

for Underground Storage Tanks
(Forms)
United States OMB Control No. 2050-0068
&EPA Environmental Protection Agency

Washington, DC 20460
Approval expires XX/XX/XX
Notification for Underground Storage Tanks

Implementing Agency Name And Address:
(previously deferred
Number of tanks at facility What USTs Are Included? An UST system is defined as any one or
combination of tanks that is used to contain an accumulation of regulated
~IG!mNiiuCm3!lbe~rio]fDc~o~nEtin3u~a~t~io~n~s~h!e!et~sialtilta~c!hledmiJili3i!jr.1iml• substances, and whose volume (including connected underground piping) is 10

percent or more beneath the ground. Regulated USTs store petroleum or
hazardous substances (see What Substances Are Covered below). This
Please type or print in ink. Also, be sure you have signatures in ink includes UST systems with field-constructed tanks and airport hydrant fuel
for sections VIII and XI. Complete a notification form for each location distribution systems.
containing underground storage tanks. If more than 5 tanks are What Tanks Are Excluded From Notification (see § 280.10 and § 280.12)?
owned at this location, you may photocopy pages 3 through 6 and use Tanks removed from the ground before May 8, 1986;
them for additional tanks. Farm or residential tanks of 1,1 00 gallons or less capacity storing motor fuel for
The primary purpose of this notification form is to provide infomnation noncommercial purposes;
Tanks storing heating oil for use on the premises where stored;
about the installation, existence, changes to, and closure of
Septic tanks;
underground storage tank systems (USTs) that store or have stored Certain pipeline facilities regulated under chapters 601 and 603 of Title 49;
petroleum or hazardous substances. The infomnation you provide will Surface impoundments. pits, ponds, or lagoons;
be based on reasonably available records, or in the absence of such Storm water or wastewater collection systems:
records, your knowledge or recollection. Flow-through process tanks;
Federal law requires UST ownens to use this notification form for Liquid traps or associated gathering lines directly relaled to oil or gas production
and gathering operations;
all USTs storing regulated substances that are brought into use
Tanks an or above the floor of underground areas, such as basements or tunnels:
after May 8, 1986, or USTs in the ground as of May 8, 1986 that Tanks with a capacity of 110 gallons or less:
have stored regulated substances at any time since January 1, Wastewater treatment tank systems;
1974. The infonmation requested is required by Section 9002 of UST systems containing radioactive material that are regulated under the Atomic
the Solid Waste Disposal Act (SWDA), as amended. Energy Act of 1954;
UST systems that are part of an emergency generator system at nuclear power
Who Must Notify? 40 CFR part 280, as amended, requires owners generation facilities regulated by the Nuclear Regulatory Commission under 10
of USTs that store regulated substances (unless exempted) to notify CFR part 50.
implementing agencies of the existence of their USTs. Owner is What Substances Are Covered? The notification requirements apply to
defined as: USTs containing petroleum or certain hazardous substances. Petroleum
includes gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is
In the case of an UST in use on November 8, 1984, or brought into use
after that date, any person who owns an UST used for storage, use, or liquid at standard conditions of temperature and pressure (60 degrees
dispensing of regulated substances: or Fahrenheit and 14.7 pounds per square inch absolute). Hazardous
substances are those found in Section 101 (14) of the Comprehensive
In the case of an UST in use before November 8, 1984, but no longer in Environmental Response, Compensation and Liability Act of 1980, with the
use on that date, any person who owned the UST immediately before its exception of those substances regulated as hazardous waste under Subtitle C
discontinuation.
of the Resource Conservation and Recovery Act.
Also, owners of previously deferred UST systems with field-
constructed tanks and airport hydrant fuel distribution systems in the When And Who To Notify? Owners who bring USTs into use after May 8,
ground as of October 13, 2015 must submit a one-time notification of
1986 must submit this notification form to the implementing agency within 30
days of bringing the UST into use. If the implementing agency requires
existence by October 13, 2018. Owners of UST systems with field-
notification of any amendments to the facility, send information to the
constructed tanks and airport hydrant fuel distribution systems
implementing agency immediately.
brought into use after October 13, 2015 are considered new facilities
and must follow the same notification requirements as all other UST Penalties: Any owner who knowingly fails to notify or submits false
owners. infomnation shall be subject to a civil penalty not to exceed $16,000 for each
i
Street Address
County If address is the same as in Section I, check the box and proceed to section Ill.
If address is different, enter address below:
f - - - - - - - - - - - - - - - - , - - - - - - - - , , - - - - - - - - - 1 StreetAddress
City Zip Code
Phone Number (Include Area Code) City State Zip Code
EPA Fanm 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable.
Previous editions may be used while supplies last.

ER15JY15.043</GPH>

Approval expires XXIXXIXX
Notification For Underground Storage Tanks

Ill. TYPE OF OWNER I IV. INDIAN COUNTRY
D Federal D Tribal Federally recognized tribe where USTs are

located:
Government Government USTs are located on land within an
Indian reservation or on trust lands D
D State D Local outside reservation boundaries
Government Government
D Commercial D Private
V. TYPE OF FACILITY
D Auto Dealership D Federal - Military D Residential
D Commercial Airport Or Airline D Gas Station D Trucking Or Transport
D Contractor D Industrial D Utilities
D Farm D Petroleum Distributor D Other (Explain)
D Federal- Non-military D Railroad
VI. CONTACT PERSON IN CHARGE OF TANKS
Name: Job Title: Address: Phone Number (Include Area Code):
VII. FINANCIAL RESPONSIBILITY
D I have met the financial responsibility requirements (in accordance with 40 CFR part 280 Subpart H) by using the following mechanisms:
(check all that apply)
D Bond Rating Test D Local Government Financial Test D Surety Bond
D Commercial Insurance D Risk Retention Group D Trust Fund
D Guarantee D Self-insurance (Financial Test) D Other Method (describe here)
D Letter Of Credit D State Fund
D I do not have to meet financial responsibility requirements because 40 CFR part 280 Subpart H is not applicable to me (e.g., if you are a state or
federal owner).
VIII. CERTIFICATION (Read and sign after completing ALL SECTIONS of this notification form)
I certify under penalty of law that I have personally examined and am familiar with the information submitted in Sections I through XI of this notification
form and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that
the submitted information is true, accurate, and complete.
Name and official title of owner or owner"s Signature Date Signed

authorized representative (Print)
Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of infonnation is estimated to average 30 minutes per response. Send comments on the Agency"s need for
this infonnation, the accuracy of the provided burden estimates. and any suggested methods for minimizing respondent burden. including through the use of automated
collection techniques to the Director. Collection Strategies Division. U.S. Environmental Protection Agency (2822n. 1200 Pennsylvania Ave .• NW. Washington. D.C. 20460.
Include the OMB control number in any correspondence. Do not send the completed form to this address.
EPA Fonn 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable.
ER15JY15.044</GPH>


IX. DESCRIPTION OF UNDERGROUND STORAGE TANKS (Complete for all tanks and piping at this location)
Tank Identification Number Tank No. Tank No. Tank No. Tank No. Tank No.
1. Status Of Tank (check only one)

Currently In Use D D D D D
Temporarily Closed D D D D D
Permanently Closed D D D D D
2. Date Of Installation (month/year)
3. Estimated Total Capacity (gallons)
4. Tank Attributes
Asphalt Coated Or Bare Steel D D D D D
Cathodically Protected Steel
(impressed current) D D D D D
Cathodically Protected Steel
(sacrificial anodes) D D D D D
Coated and Cathodically Protected Steel
Coated and Cathodically Protected Steel
Composite
(steel clad with noncorrodible material) D D D D D
Concrete D D D D D
Fiberglass Reinforced Plastic D D D D D
Noncorrodible Tank Jacket D D D D D
Lined Interior D D D D D
Excavation Liner D D D D D
Double Walled D D D D D
Manifolded D D D D D
Compartmentalized D D D D D
Field-constructed D D D D D
Unknown D D D D D
Other, Specify Here
Check Box If Tank Has Ever Been

Repaired D D D D D
5. Overfill Protection Installed
Automatic Shutoff D D D D D
Flow Restrictor D D D D D
High-level Alarm D D D D D
Other, Specify Here
6. Spill Prevention Installed D D D D D

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable.
ER15JY15.045</GPH>

Approval expires XX/XX/XX

7. Piping Attributes
Bare Steel D D D D D
Galvanized Steel D D D D D
Fiberglass Reinforced Plastic D D D D D
Flexible Plastic D D D D D
Copper D D D D D
Cathodically Protected
Cathodically Protected
Secondary Containment D D D D D
Airport Hydrant Piping D D D D D
Unknown D D D D D
Other, Specify Here
8. Piping Delivery Type

Safe Suction (no valve at tank) D D D D D
U.S. Suction (valve at tank) D D D D D
Pressure D D D D D
Gravity Feed D D D D D
9. Substance Currently Stored (or last
stored in the case of closed tanks)
Gasoline (containing s 10% ethanol) D D D D D
Diesel D D D D D
Biodiesel D D D D D
Kerosene D D D D D
Heating Oil D D D D D
Used Oil D D D D D
Gasoline Containing >10% Ethanol
(specify amount of ethanol)
Diesel Containing >20% Biodiesel

(specify amount of biodiesel)
Other, specify here
Hazardous Substance D D D D D
CERCLA Name Or CAS Number
Mixture Of Substances D D D D D
Please Specify Substances Here
ER15JY15.046</GPH>


10. Release Detection

(check all that apply) TANK PIPE TANK PIPE TANK PIPE TANK PIPE TANK PIPE
Manual Tank Gauging D D D D D
Tank Tightness Testing D D D D D
Inventory Control D D D D D
Automatic Tank Gauging D D D D D D D D D D
Vapor Monitoring D D D D D D D D D D
Groundwater Monitoring D D D D D D D D D D
Interstitial Monitoring
(required for new or replaced D D D D D D D D D D
tanks or piping)
Statistical Inventory Reconciliation D D D D D D D D D D
Automatic Line Leak Detectors D D D D D
Line Tightness Testing D D D D D
No Release Detection Required
(such as some types of suction piping) D D D D D D D D D D
Other Method Allowed By Implementing
Agency D D D D D D D D D D
Other, Specify Here
X. CLOSURE OR CHANGE IN SERVICE
1. Closure Or Change In Service

Estimated Date The UST Was Last Used
For Storing Regulated Substances
(month/day/year)
Check Box If This Is A Change In
Service
(i.e., Change of storage to a non- D D D D D
regulated substance)
2. Tank Closure
Estimated Date Tank Closed

(month/day/year)
(check all that apply below)
Tank Removed From Ground D D D D D
Tank Closed In Ground D D D D D
Tank Filled With Inert Material D D D D D
Describe The Inert Fill Material Here
3. Site Assessment
Check Box If The Site Assessment Was
Completed D D D D D
Check Box If Evidence Of A Release
Was Detected D D D D D
Other, Specify Here
Previous editions mav be used while supplies last.

ER15JY15.047</GPH>

-
Tank Identification Number Tank No. Tank No. Tank No.
XI. CERTIFICATION OF INSTALLATION (Complete For UST Systems Installed After December 22, 1988 And For Airport
I
Tank No. Tank No.
Hydrant Distribution Systems And Field-Constructed USTs Installed After October 13, 2015)
Installer Of Tank And Piping

Installer Certified By Tank And Piping
Manufacturers D D D D D
Installer Certified Or Licensed By The
Implementing Agency D D D D D
Installation Inspected By A Registered
Engineer D D D D D
Installation Inspected And Approved By
Manufacturer's Installation Checklists
Have Been Completed D D D D D
Another Method Allowed By
Specify Other Method Here
Signature Of UST Installer Certifying Proper Installation Of UST System
Name Signature Date
Position Company
i
ER15JY15.048</GPH>
Appendix II to Part 280—Notification

of Ownership for Underground Storage
Tanks (Form)
I
United States
Approval expires XXJXXJXX
Notification of Ownership Change for Underground Storage Tanks

Implementing Agency Name And Address:
Please type or print in ink. Also, be sure you have signatures in ink.
The primary purpose of this notification form is to inform implementing What Tanks Are Excluded From Notification (see§ 280.10 and§ 280.12)?
agencies of ownership changes for underground storage tank (UST) Tanks removed from the ground before May 8, 1986;
systems that store or have stored petroleum or hazardous Farm or residential tanks of 1,1 oo gallons or less capacity stonng motor fuel for
noncommercial purposes;
substances. Tanks storing heating oil for use on the premises where stored;
Septic tanks;
Federal regulation requires UST owners to notify the implementing Certain pipeline facilities regulated under chapters 601 and 603 of Title 49;
agency of any ownership change for USTs storing regulated Surface impoundments, pits, ponds, or lagoons;
substances after October 13,2015. Storm water or wastewater collection systems;
Flow-through process tanks;
Who Must Notify? 40 CFR part 280, as amended, requires owners of Liquid traps or associated gathering lines directly related to oil or gas production
USTs that store regulated substances (unless exempted) to notify and gathering operations:
implementing agencies of any ownership changes. Owner is defined Tanks on or above the floor of underground areas, such as basements or
tunnels;
as: Tanks with a capacity of 110 gallons or less;
In the case of an UST in use on November 8, 1984, or brought into use Wastewater treatment tank systems:
after that date, any person who owns an UST used for storage, use, or UST systems containing radioactive material that are regulated under the Atomic
dispensing of regulated substances; or Energy Act of 1954;
In the case of an UST in use before November a, 1984, but no longer in UST systems that are part of an emergency generator system at nuclear power
use on that date, any person who owned the UST immediately before generation facilities regulated by the Nuclear Regulatory Commission under 1a
its discontinuation. CFR part 50.
What Substances Are Covered? The notification requirements apply to USTs
What USTs Are Included? An UST system is defined as any one or containing petroleum or certain hazardous substances. Petroleum includes
combination of tanks that is used to contain an accumulation of gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is liquid at
regulated substances, and whose volume (including connected standard conditions of temperature and pressure (60 degrees Fahrenheit and
underground piping) is 10 percent or more beneath the ground. 14.7 pounds per square inch absolute). Hazardous substances are those
Regulated USTs store petroleum or hazardous substances (see What found in Section 101 {14) of the Comprehensive Environmental Response,
Substances Are Covered to the right). This includes UST systems Compensation and Liability Act of 1980, with the exception of those substances
with field-constructed tanks and airport hydrant fuel distribution regulated as hazardous waste under Subtitle C of the Resource Conservation
systems. and Recovery Act.
When And Who To Notify? Any owner or operator who assumes
ownership of a regulated UST system must submit this notification Penalties: Any owner who knowing II fails to notify or submits false information
form to the implementing agency within 30 days of assuming such shall be subject to a civil penalty no to exceed $16,000 for each tank for which
ownership. notification is not given or for which false information is given.
OWNERSHIP OF USTs
FACILITY NAME AND LOCATION OF USTs
Corporation lnd1v1dual, Publ1c Agency Or Other Ent1ty I
Current Owner Name Previous Owner Name Facility Name
D Check here if name changed alter ownership

Current Owner Address Previous Owner Address D Check this box if the physical address of the USTs is the same as the current owner
address. If address is different, enter address below:
If required by implementing agency, give the geographic location of USTs either in decimal
degrees, or degrees, minutes, and seconds. Example: Latitude: 36.12348 (or 36" 7'
24.4"), Longitude: -106.549876 (or -106' 32' 59.6")
Latitude Lonaitude
Current Owner Phone Previous Owner Phan e Date Of Ownership Change
Signature Of Current Owner: Date:
PapeiWork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response. Send comments on the Agency's need for
this information, the accuracy of the provided burden estimates, and any suggesled methods for minimizing respondent burden, including through the use of automated
collection techniques to the Director, Collection Strategies Division, u.s. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.
Include the OMB control number in any correspondence. Do not send the completed form to this address.
EPA Form 6200-10 Electronic and paper versions acceptable.

ER15JY15.049</GPH>
Appendix III to Part 280—Statement for Subpart A—Purpose, General notify the designated lead state agency
Shipping Tickets and Invoices Requirements and Scope of any such intended action.
Note. A federal law (the Solid Waste § 281.10 Purpose. § 281.12 Scope and definitions.
Disposal Act, as amended), requires owners (a) This part specifies the (a) Scope. (1) The Administrator may
of certain underground storage tanks to notify requirements that state programs must approve either partial or complete state
implementing agencies of the existence of programs. A ‘‘partial’’ state program
meet for approval by the Administrator
their tanks. Notifications must be made
under section 9004 of the Solid Waste regulates either solely UST systems
within 30 days of bringing the tank into use.
Consult EPA’s regulation at 40 CFR 280.22 to Disposal Act, and the procedures EPA containing petroleum or solely UST
determine if you are affected by this law. will follow in approving, revising and systems containing hazardous
withdrawing approval of state programs. substances. If a ‘‘partial’’ state program
■ 2. Revise part 281 to read as follows: (b) State submissions for program is approved, EPA will administer the
approval must be in accordance with remaining part of the program. A
PART 281—APPROVAL OF STATE ‘‘complete’’ state program regulates both
the procedures set out in this part.
UNDERGROUND STORAGE TANK petroleum and hazardous substance
(c) A state may apply for approval
PROGRAMS tanks.
under this part at any time after the
Subpart A—Purpose, General Requirements promulgation of release detection, (2) EPA will administer the UST
and Scope prevention, and corrective action program in Indian country, except
Sec. regulations under § 9003 of the Solid where Congress has clearly expressed an
281.10 Purpose. Waste Disposal Act. intention to grant a state authority to
281.11 General requirements. (d) Any state program approved by regulate petroleum and hazardous
281.12 Scope and definitions. the Administrator under this part shall substance USTs in Indian country. In
Subpart B—Components of a Program at all times be conducted in accordance either case, this decision will not impair
Application with the requirements of this part. a state’s ability to obtain program
281.20 Program application. approval for petroleum or hazardous
§ 281.11 General requirements. substances in non-Indian country in
281.21 Description of state program.
281.22 Procedures for adequate (a) State program elements. The accordance with this part.
enforcement. following substantive elements of a state (3) Nothing in this subpart precludes
281.23 Memorandum of agreement. program must be addressed in a state a state from:
281.24 Attorney General’s statement. application for approval: (i) Adopting or enforcing
(1) Requirements for all existing and requirements that are more stringent or
Subpart C—Criteria for No Less Stringent
new underground storage tanks: more extensive than those required
281.30 New UST system design, (i) New UST systems (design,
construction, installation, and under this part; or
construction, installation, and (ii) Operating a program with a greater
notification.
281.31 Upgrading existing UST systems. notification); scope of coverage than that required
281.32 General operating requirements. (ii) Upgrading of existing UST under this part. Where an approved
281.33 Release detection. systems; state program has a greater scope of
281.34 Release reporting, investigation, (iii) General operating requirements; coverage than required by federal law,
and confirmation. (iv) Release detection; the additional coverage is not part of the
281.35 Release response and corrective (v) Release reporting, investigation, federally-approved program.
action. and confirmation;
281.36 Out-of-service UST systems and
(b) Definitions. (1) The definitions in
(vi) Out-of-service USTs and closure; 40 CFR part 280 apply to this entire part
closure. (vii) Release response and corrective
281.37 Financial responsibility for UST except as described below.
action; (i) States may use the definitions
systems containing petroleum.
281.38 Lender liability.
(viii) Financial responsibility for UST associated with tank and piping
281.39 Operator training. systems containing petroleum; and secondary containment as defined in
(ix) Operator training. section 9003 of the Solid Waste Disposal
Subpart D—Adequate Enforcement of (2) Provisions for adequate
Compliance Act.
enforcement of compliance with the (ii) States may use the definitions
281.40 Requirements for compliance above program elements.
program and authority. associated with operator training as
(b) Final approval. The state must described in § 9010 of the Solid Waste
281.41 Requirements for enforcement demonstrate that its requirements under
authority. Disposal Act.
each state program element for existing (2) For the purposes of this part the
281.42 Requirements for public
participation. and new UST systems are no less term ‘‘final approval’’ means the
281.43 Sharing of information. stringent than the corresponding federal approval received by a state program
requirements as set forth in subpart C of that meets the requirements in
Subpart E—Approval Procedures this part. The state must also § 281.11(b).
281.50 Approval procedures for state demonstrate that it has a program that
programs. provides adequate enforcement of Subpart B—Components of a Program
281.51 Revision of approved state compliance with these requirements.
programs. Application
(c) States with programs approved
Subpart F—Withdrawal of Approval of State under this part are authorized to § 281.20 Program application.
Programs administer the state program in lieu of Any state that seeks to administer a
281.60 Criteria for withdrawal of approval the federal program and will have program under this part must submit an
of state programs. primary enforcement responsibility with application containing the following
281.61 Procedures for withdrawal of respect to the requirements of the parts:
approval of state programs. approved program. EPA retains (a) A transmittal letter from the
Authority: 42 U.S.C. 6912, 6991(c), authority to take enforcement action in Governor of the state requesting
6991(d), 6991(e), 6991(i), 6991(k). approved states as necessary and will program approval;
(b) A description in accordance with § 281.23 Memorandum of agreement. financial responsibility and installer
§ 281.21 of the state program and EPA and the approved state will certification in accordance with section
operating procedures; negotiate a Memorandum of Agreement 9003(i)(2) of the Solid Waste Disposal
(c) A demonstration of the state’s (MOA) containing proposed areas of Act, then the state must meet the
procedures to ensure adequate coordination and shared responsibilities following:
enforcement; between the state and EPA and separate (1) New or replaced tanks and piping
(d) A Memorandum of Agreement EPA and state roles and responsibilities must use interstitial monitoring within
outlining roles and responsibilities of in areas including, but not limited to: secondary containment in accordance
EPA and the implementing agency; Implementation of partial state with section 9003(i)(1) of the Solid
(e) An Attorney General’s statement in programs; enforcement; compliance Waste Disposal Act except as follows:
accordance with § 281.25 certifying to monitoring; EPA oversight; and sharing (i) Underground piping associated
applicable state authorities; and and reporting of information. At the with: Airport hydrant systems or field-
(f) Copies of all applicable state time of approval, the MOA must be constructed tanks greater than 50,000
statutes and regulations. signed by the Regional Administrator gallons or
and the appropriate official of the state (ii) Underground suction piping that
§ 281.21 Description of state program. meets § 281.33(d)(2)(ii).
lead agency.
A state seeking to administer a (2) New motor fuel dispenser systems
program under this part must submit a § 281.24 Attorney General’s statement. installed and connected to an UST
description of the program it proposes (a) A state must submit a written system must be equipped with under-
to administer under state law in lieu of demonstration from the Attorney dispenser containment in accordance
the federal program. The description of General that the laws and regulations of with section 9003(i)(1) of the Solid
a state’s existing or planned program the state provide adequate authority to Waste Disposal Act.
must include: carry out the program described under Note to paragraph (a). Codes of practice
(a) The scope of the state program: § 281.21 and to meet other requirements developed by nationally recognized
(1) Whether the state program of this part. This statement may be organizations and national independent
regulates UST systems containing signed by independent legal counsel for testing laboratories may be used to
petroleum or hazardous substances, or the state rather than the Attorney demonstrate that the state program
both; requirements are no less stringent in this
General, provided that such counsel has
(2) Whether the state program is more area.
full authority to independently
stringent or broader in scope than the represent the state Agency in court on (b) Be provided with equipment to
federal program, and in what ways; and all matters pertaining to the state prevent spills and tank overfills when
(3) Whether the state has any existing program. This statement must include new tanks are installed or existing tanks
authority in Indian country or has citations to the specific statutes, are upgraded, unless the tank does not
existing agreements with Indian tribes administrative regulations, and where receive more than 25 gallons at one
relevant to the regulation of appropriate, judicial decisions that time. Flow restrictors used in vent lines
underground storage tanks. demonstrate adequate authority to are not allowable forms of overfill
(b) The organization and structure of regulate and enforce requirements for prevention when overfill prevention is
the state and local agencies with UST systems. State statutes and installed or replaced.
responsibility for administering the regulations cited by the state Attorney (c) All UST system owners and
program. The jurisdiction and General must be fully effective when the operators must notify the implementing
responsibilities of all state and local program is approved. agency of the existence of any new UST
implementing agencies must be (b) If a state currently has authority system and notify the implementing
delineated, appropriate procedures for over underground storage tank activities agency within a reasonable timeframe
coordination set forth, and one state in Indian country, the statement must when assuming ownership of an UST
agency designated as a ‘‘lead agency’’ to contain an appropriate analysis of the system using a process designated by
facilitate communications between EPA state’s authority. the implementing agency.
and the state.
(c) Staff resources to carry out and § 281.31 Upgrading existing UST systems.
Subpart C—Criteria for No Less
enforce the required state program Stringent In order to be considered no less
elements, both existing and planned, stringent than the corresponding federal
including the number of employees, § 281.30 New UST system design, upgrading requirements, the state must
construction, installation, and notification. have requirements that ensure existing
agency where employees are located,
general duties of the employees, and In order to be considered no less UST systems meet the requirements of
current limits or restrictions on hiring or stringent than the corresponding federal § 281.30; are upgraded to prevent
utilization of staff. requirements for new UST system releases for their operating life due to
(d) An existing state funding design, construction, installation, and corrosion, spills, or overfills; or are
mechanism to meet the estimated costs notification, the state must have permanently closed with the following
of administering and enforcing the requirements that ensure all new exceptions:
required state program elements, and underground storage tanks, and the (a) Upgrade requirements for
any restrictions or limitations upon this attached piping in contact with the previously deferred UST systems.
funding. ground and used to convey the Previously deferred airport hydrant fuel
regulated substance stored in the tank, distribution systems and UST systems
§ 281.22 Procedures for adequate conform to the following: with field-constructed tanks must
enforcement. (a) Be designed, constructed, and within three years of the effective date
A state must submit a description of installed in a manner that will prevent of its state requirements meet the
its compliance monitoring and releases for their operating life due to requirements of § 281.30 or be
enforcement procedures, including manufacturing defects, structural permanently closed. This provision
related state administrative or judicial failure, or corrosion. Unless the state would not apply, however, to states that
review procedures. requires manufacturer and installer did not defer these UST systems and
already had, prior to the effective date that ensures proper operation and (c) Requirements for petroleum tanks.
of this provision, existing requirements maintenance for the operating life of the All petroleum tanks must meet the
with specified compliance periods for UST system; and following requirements:
these types of UST systems. (g) Have records of monitoring, (1) All petroleum tanks must be
(b) Upgrade requirements for other testing, repairs, and inspections. These sampled, tested, or checked for releases
UST systems. States may allow UST records must be made readily available at least monthly, except that tanks
systems to be upgraded if the state when requested by the implementing installed before October 13, 2015 or
determines that the upgrade is agency. upgraded tanks (that is, tanks and
appropriate to prevent releases for the piping protected from releases due to
operating life of the UST system due to § 281.33 Release detection. corrosion and equipped with both spill
corrosion and spills or overfills. In order to be considered no less and overfill prevention devices) may
stringent than the corresponding federal temporarily use monthly inventory
§ 281.32 General operating requirements.
requirements for release detection, the control (or its equivalent) in
In order to be considered no less combination with tightness testing (or
state must have requirements that at a
stringent than the corresponding federal its equivalent) conducted every five
minimum ensure all UST systems are
general operating requirements, the state years for the first 10 years after the tank
provided with release detection that
must have requirements that ensure all is installed; and
conforms to the following:
new and existing UST systems conform (2) New or replaced petroleum tanks
to the following: (a) General methods. Release
detection requirements for owners and must use interstitial monitoring within
(a) Prevent spills and overfills by secondary containment in accordance
ensuring that the space in the tank is operators must consist of a method, or
combination of methods, that is: with section 9003(i)(1) of the Solid
sufficient to receive the volume to be Waste Disposal Act except when the
transferred and that the transfer (1) Capable of detecting a release of state requires manufacturer and installer
operation is monitored constantly; the regulated substance from any financial responsibility and installer
(b) Where equipped with cathodic portion of the UST system that routinely certification in accordance with section
protection, be operated and maintained contains regulated substances—as 9003(i)(2) of the Solid Waste Disposal
by a person with sufficient training and effectively as any of the methods Act.
experience in preventing corrosion, and allowed under this part—for as long as (d) Requirements for petroleum
in a manner that ensures that no the UST system is in operation. In piping. All underground piping attached
releases occur during the operating life comparing methods, the implementing to the tank that routinely conveys
of the UST system; agency shall consider the size of release petroleum must conform to the
Note to paragraph (b). Codes of practice that the method can detect and the following:
developed by nationally recognized speed and reliability with which the (1) If the petroleum is conveyed under
organizations and national independent release can be detected. greater than atmospheric pressure:
testing laboratories may be used to (2) Designed, installed, calibrated, (i) The piping must be equipped with
demonstrate the state program requirements operated and maintained so that release detection that detects a release
are no less stringent.
releases will be detected in accordance within an hour by restricting or shutting
(c) Be made of or lined with materials with the capabilities of the method; off flow or sounding an alarm; and
that are compatible with the substance (3) Operated and maintained, and (ii) The piping must have monthly
stored; in order to ensure compatibility, electronic and mechanical components monitoring applied or annual tightness
the state requirements must also include and other equipment are tested or tests conducted.
provisions for demonstrating inspected periodically, in a manner and (2) If suction lines are used:
compatibility with new and innovative frequency that ensures proper operation (i) Tightness tests must be conducted
regulated substances or other regulated to detect releases for the operating life at least once every three years, unless a
substances identified by the of the release detection equipment. monthly method of detection is applied
implementing agency or include other to this piping; or
(b) Phase-in of requirements. Release (ii) The piping is designed to allow
provisions determined by the
detection requirements must, at a the contents of the pipe to drain back
implementing agency to be no less
minimum, be applied at all UST into the storage tank if the suction is
protective of human health and the
systems immediately, except for UST released and is also designed to allow
environment than the provisions for
systems previously deferred under an inspector to immediately determine
demonstrating compatibility;
§ 280.10(a)(1). Release detection the integrity of the piping system.
(d) At the time of upgrade or repair,
requirements must, at a minimum, be (3) Except as provided for in
be structurally sound and upgraded or
scheduled to be applied to those § 281.30(a)(1) new or replaced
repaired in a manner that will prevent
previously deferred UST systems as petroleum piping must use interstitial
releases due to structural failure or
follows: monitoring within secondary
corrosion during their operating lives;
(e) Have spill and overfill prevention (1) Immediately when a new containment in accordance with section
equipment periodically tested or previously deferred UST system is 9003(i)(1) of the Solid Waste Disposal
inspected in a manner and frequency installed; and Act except when the state requires
that ensures its functionality for the (2) For any previously deferred UST evidence of financial responsibility and
operating life of the equipment and have system within three years of the certification in accordance with section
the integrity of containment sumps used effective date of its state requirements. 9003(i)(2) of the Solid Waste Disposal
for interstitial monitoring of piping This provision would not apply, Act.
periodically tested in a manner and however, to states that did not defer (e) Requirements for hazardous
frequency that prevents releases during these UST systems and already had, substance UST systems. All new
the operating life of the UST system; prior to the effective date of this hazardous substance UST systems must
(f) Have operation and maintenance provision, existing release detection use interstitial monitoring within
walkthrough inspections periodically requirements with specified compliance secondary containment of the tanks and
conducted in a manner and frequency periods for these types of UST systems. the attached underground piping that
conveys the regulated substance stored soil and groundwater contamination federal regulations must permanently
in the tank. For hazardous substance must be delineated when a potential close in accordance with paragraph (b)
UST systems installed prior to October threat to human health and the of this section when directed by the
13, 2015, owners and operators can use environment exists. implementing agency.
another form of release detection if the (d) All releases from UST systems are
owner and operator can demonstrate to cleaned up through soil and § 281.37 Financial responsibility for UST
systems containing petroleum.
the state (or the state otherwise groundwater remediation and any other
determines) that another method will steps are taken, as necessary to protect (a) In order to be considered no less
detect a release of the regulated human health and the environment; stringent than the federal requirements
substance as effectively as other (e) Adequate information is made for financial responsibility for UST
methods allowed under the state available to the state to demonstrate that systems containing petroleum, the state
program for petroleum UST systems and corrective actions are taken in requirements for financial responsibility
that effective corrective action accordance with the requirements of for petroleum UST systems must ensure
technology is available for the paragraphs (a) through (d) of this that:
hazardous substance being stored that section. This information must be (1) Owners and operators have $1
can be used to protect human health submitted in a timely manner that million per occurrence for corrective
and the environment. demonstrates its technical adequacy to action and third-party claims in a timely
protect human health and the manner to protect human health and the
§ 281.34 Release reporting, investigation, environment; and environment;
and confirmation. (f) In accordance with § 280.67, the (2) Owners and operators not engaged
In order to be considered no less state must notify the affected public of in petroleum production, refining, and
stringent than the corresponding federal all confirmed releases requiring a plan marketing and who handle a throughput
requirements for release reporting, for soil and groundwater remediation, of 10,000 gallons of petroleum per
investigation, and confirmation, the and upon request provide or make month or less have $500,000 per
state must have requirements that available information to inform the occurrence for corrective action and
ensure all owners and operators interested public of the nature of the third-party claims in a timely manner to
conform with the following: release and the corrective measures protect human health and the
(a) Promptly investigate all suspected planned or taken. environment;
releases, including: (3) Owners and operators of 1 to 100
(1) When unusual operating § 281.36 Out-of-service UST systems and petroleum USTs must have an annual
conditions, release detection signals and closure. aggregate of $1 million; and
environmental conditions at the site In order to be considered no less (4) Owners and operators of 101 or
suggest a release of regulated substances stringent than the corresponding federal more petroleum USTs must have an
may have occurred or the interstitial requirements for temporarily closed annual aggregate of $2 million.
space may have been compromised; and UST systems and permanent closure, (b) States may allow the use of a wide
(2) When required by the the state must have requirements that variety of financial assurance
implementing agency to determine the ensure UST systems conform with the mechanisms to meet this requirement.
source of a release having an impact in following: Each financial mechanism must meet
the surrounding area; and (a) Removal from service. All new and the following criteria in order to be no
(b) Promptly report all confirmed existing UST systems temporarily less stringent than the federal
underground releases and any spills and closed must: requirements. The mechanism must: Be
overfills that are not contained and (1) Continue to comply with general valid and enforceable; be issued by a
cleaned up. operating requirements, release provider that is qualified or licensed in
(c) Ensure that all owners and reporting and investigation, and release the state; not permit cancellation
operators contain and clean up response and corrective action; without allowing the state to draw
unreported spills and overfills in a (2) Continue to comply with release funds; ensure that funds will only and
manner that will protect human health detection requirements if regulated directly be used for corrective action
and the environment. substances are stored in the tank; and third party liability costs; and
(3) Be closed off to outside access; and require that the provider notify the
§ 281.35 Release response and corrective (4) Be permanently closed if the UST owner or operator of any circumstances
action. system has not been protected from that would impair or suspend coverage.
In order to be considered no less corrosion and has not been used in one (c) States must require owners and
stringent than the corresponding federal year, unless the state approves an operators to maintain records that
requirements for release response and extension after the owner and operator demonstrate compliance with the state
corrective action, the state must have conducts a site assessment. financial responsibility requirements,
requirements that ensure: (b) Permanent closure of UST and these records must be made readily
(a) All releases from UST systems are systems. All tanks and piping must be available when requested by the
promptly assessed and further releases cleaned and permanently closed in a implementing agency.
are stopped; manner that eliminates the potential for
(b) Actions are taken to identify, safety hazards and any future releases. § 281.38 Lender liability.
contain and mitigate any immediate The owner or operator must notify the (a) A state program that contains a
health and safety threats that are posed state of permanent UST system closures. security interest exemption will be
by a release (such activities include The site must also be assessed to considered to be no less stringent than,
investigation and initiation of free determine if there are any present or and as broad in scope as, the federal
product removal, if present); were past releases, and if so, release program provided that the state’s
(c) All releases from UST systems are response and corrective action exemption:
investigated to determine if there are requirements must be complied with. (1) Mirrors the security interest
impacts on soil and groundwater, and (c) All UST systems taken out of exemption provided for in 40 CFR part
any nearby surface waters. The extent of service before the effective date of the 280, subpart I; or
(2) Achieves the same effect as and reports required of owners or assessed up to $5,000 or more per
provided by the following key criteria: operators and must provide for violation.
(i) A holder, meaning a person who enforcement of failure to submit these (ii) Civil penalties for failure to
maintains indicia of ownership records and reports. comply with any state requirements or
primarily to protect a security interest in (e)(1) State programs must have standards for existing or new tank
a petroleum UST or UST system or inspection procedures to determine, systems must be capable of being
facility or property on which a independent of information supplied by assessed for each instance of violation,
petroleum UST or UST system is regulated persons, compliance with up to $5,000 or more for each tank for
located, who does not participate in the program requirements, and must each day of violation. If the violation is
management of the UST or UST system provide for enforcement of failure to continuous, civil penalties shall be
as defined under § 280.10 of this comply with the program requirements. capable of being assessed up to $5,000
chapter, and who does not engage in States must maintain a program for or more for each day of violation.
petroleum production, refining, and systematic inspections of facilities (4) To prohibit the delivery, deposit,
marketing as defined under § 280.200(b) subject to UST regulations in a manner or acceptance of a regulated substance
of this chapter is not: designed to determine compliance or into an underground storage tank
(A) An ‘‘owner’’ of a petroleum UST non-compliance, to verify accuracy of identified by the implementing agency
or UST system or facility or property on information submitted by owners or to be ineligible for such delivery,
which a petroleum UST or UST system operators of regulated USTs, and to deposit, or acceptance in accordance
is located for purposes of compliance verify adequacy of methods used by with section 9012 of the Solid Waste
with the requirements of 40 CFR part owners or operators in developing that Disposal Act.
280; or information. (b) The burden of proof and degree of
(B) An ‘‘operator’’ of a petroleum UST (2) When inspections are conducted, knowledge or intent required under
or UST system for purposes of samples taken, or other information state law for establishing violations
compliance with the requirements of 40 gathered, these procedures must be under paragraph (a)(3) of this section,
CFR part 280, provided the holder is not conducted in a manner (for example, must be no greater than the burden of
in control of or does not have using proper ‘‘chain of custody’’ proof or degree of knowledge or intent
responsibility for the daily operation of procedures) that will produce evidence that EPA must provide when it brings
the UST or UST system. admissible in an enforcement an action under Subtitle I of the Solid
(ii) [Reserved] proceeding, or in court. Waste Disposal Act.
(b) [Reserved] (f) Public effort in reporting violations (c) A civil penalty assessed, sought, or
must be encouraged and states must agreed upon by the implementing
§ 281.39 Operator training. make available information on reporting agency(ies) under paragraph (a)(3) of
In order to be considered no less procedures. State programs must this section must be appropriate to the
stringent than the corresponding federal maintain a program for investigating violation.
requirements for operator training, the information obtained from the public
state must have an operator training about suspected violations of UST § 281.42 Requirements for public
program that meets the minimum program requirements. participation.
requirements of section 9010 of the (g) The state must maintain the data Any state administering a program
Solid Waste Disposal Act. collected through inspections and must provide for public participation in
evaluation of records in such a manner the state enforcement process by
Subpart D—Adequate Enforcement of that the implementing agency can providing any one of the following three
Compliance monitor over time the compliance status options:
§ 281.40 Requirements for compliance of the regulated community. Any (a) Authority that allows intervention
monitoring program and authority. compilation, index, or inventory of such analogous to Federal Rule 24(a)(2) from
facilities and activities shall be made Title IV of the Federal Rules of Civil
(a) Any authorized representative of
available to EPA upon request. Procedure, and assurance by the state
the state engaged in compliance
inspections, monitoring, or testing must § 281.41 Requirements for enforcement that it will not oppose intervention
have authority to obtain by request any authority. under the state analogue to Rule 24(a)(2)
information from an owner or operator (a) Any state administering a program on the ground that the applicant’s
with respect to the UST system(s) that must have the authority to implement interest is adequately represented by the
is necessary to determine compliance the following remedies for violations of state.
with the UST regulations. state program requirements: (b) Authority that allows intervention
(b) Any authorized representative of (1) To restrain immediately and of right in any civil action to obtain the
the state must have authority to require effectively any person by order or by remedies specified in § 281.41 by any
an owner or operator to conduct suit in state court from engaging in any citizen having an interest that is or may
monitoring or testing. unauthorized activity that is be adversely affected; or
(c) Authorized representatives must endangering or causing damage to (c) Assurance by the appropriate state
have the authority to enter any site or public health or the environment; agency that:
premises subject to UST regulations or (2) To sue in courts of competent (1) It will provide notice and
in which records relevant to the jurisdiction to enjoin any threatened or opportunity for public comment on all
operation of the UST system(s) are kept, continuing violation of any program proposed settlements of civil
and to copy these records, obtain requirement; enforcement actions (except where
samples of regulated substances, and (3) To assess or sue to recover in court immediate action is necessary to
inspect or conduct the monitoring or civil penalties as follows: adequately protect human health and
testing of UST system(s). (i) Civil penalties for failure to notify the environment);
(d) State programs must have or for submitting false information (2) It will investigate and provide
procedures for receipt, evaluation, pursuant to tank notification responses to citizen complaints about
retention, and investigation of records requirements must be capable of being violations; and
(3) It will not oppose citizen wide attention. Notice of the tentative revision will receive significant negative
intervention when permissive determination must also: comment from the public.
intervention is allowed by statute, rule, (1) Afford the public 30 days after the (1) The Administrator must issue
or regulation. notice to comment on the state’s public notice of planned approval or
application and the Administrator’s disapproval of a state program revision
§ 281.43 Sharing of information. in the Federal Register and other
tentative determination; and
(a) States with approved programs (2) Include a general statement of the mechanisms to attract state-wide
must furnish EPA, upon request, any areas of concern, if the Administrator attention. The public notice must
information in state files obtained or indicates the state program may not be summarize the state program revision,
used in the administration of the state approved; and indicate whether EPA intends to
program. This information includes: (3) Note the availability for inspection approve or disapprove the revision, and
(1) Any information submitted to the by the public of the state program provide for an opportunity to comment
state under a claim of confidentiality. application; and for a period of 30 days.
The state must submit that claim to EPA (2) The Administrator’s decision on
(4) Indicate that a public hearing will
when providing such information. Any the proposed revision becomes effective
be held by EPA no earlier than 30 days 60 days after the date of publication in
information obtained from a state and
after notice of the tentative the Federal Register in accordance with
subject to a claim of confidentiality will
determination unless insufficient public paragraph (c)(1) of this section, unless
be treated in accordance with federal
interest is expressed, at which time the significant negative comment opposing
regulations in 40 CFR part 2; and
Regional Administrator may cancel the the proposed revision is received during
(2) Any information that is submitted
public hearing. the comment period. If significant
to the state without a claim of
(f) Within 180 days of receipt of a negative comment is received, EPA
confidentiality. EPA may make this
complete state program application, the must notify the state and within 60 days
information available to the public
Administrator must make a final after the date of publication, publish in
without further notice.
(b) EPA must furnish to states with determination whether to approve the the Federal Register either:
approved programs, upon request, any state program after review of all public (i) A withdrawal of the immediate
information in EPA files that the state comments. EPA will give notice of its final decision, which will then be
needs to administer its approved state determination in the Federal Register treated as a tentative decision in
program. Such information includes: and codify the approved state program. accordance with the applicable
(1) Any information that is submitted The notice must include a statement of procedures of § 281.50(e) and (f); or
to EPA without a claim of the reasons for this determination and a (ii) A notice that contains a response
confidentiality; and response to significant comments to significant negative comments and
(2) Any information submitted to EPA received. affirms either that the immediate final
under a claim of confidentiality, subject decision takes effect or reverses the
§ 281.51 Revision of approved state
to the conditions in 40 CFR part 2. programs.
decision.
(d) Revised state programs that
(a) Either EPA or the approved state receive approval must be codified in the
Subpart E—Approval Procedures
may initiate program revision. Program Federal Register.
§ 281.50 Approval procedures for state revision may be necessary when the
programs. controlling federal or state statutory or Subpart F—Withdrawal of Approval of
(a) The following procedures are regulatory authority is changed or when State Programs
required for all applications, regardless responsibility for the state program is
§ 281.60 Criteria for withdrawal of approval
of whether the application is for a shifted to a new agency or agencies. The
of state programs.
partial or complete program, as defined state must inform EPA of any proposed
modifications to its basic statutory or The Administrator may withdraw
in § 281.12.
regulatory authority or change in program approval when the Agency
(b) Before submitting an application
division of responsibility among state determines that a state no longer has
to EPA for approval of a state program,
agencies. EPA will determine in each adequate regulatory or statutory
the state must provide an opportunity
case whether a revision of the approved authority or is not administering and
for public notice and comment in the
program is required. Approved state enforcing an approved program in
development of its underground storage
programs must submit a revised accordance with this part. The state
tank program.
application within three years of any must have adequate capability to
(c) When EPA receives a state
changes to this part that requires a administer and enforce the state
program application, EPA will examine
program revision. program. In evaluating whether such
the application and notify the state
capability exists, the Agency will
whether its application is complete, in (b) Whenever the Administrator has
consider whether the state is
accordance with the application reason to believe that circumstances
implementing an adequate enforcement
components required in § 281.20. The have changed with respect to an
program by evaluating the quality of
180-day statutory review period begins approved state program or the federal
compliance monitoring and
only after EPA has determined that a program, the Administrator may
enforcement actions.
complete application has been received. request, and the state must provide, a
(d) The state and EPA may by mutual revised application as prescribed by § 281.61 Procedures for withdrawal of
agreement extend the review period. EPA. approval of state programs.
(e) After receipt of a complete (c) The Administrator will approve or (a) The following procedures apply
program application, the Administrator disapprove program revisions based on when a state with an approved program
will tentatively determine approval or the requirements of this part and voluntarily transfers to EPA those
disapproval of the state program. EPA Subtitle I of the Solid Waste Disposal program responsibilities required by
shall issue public notice of the tentative Act pursuant to the procedures under federal law.
determination in the Federal Register this section, or under § 281.50 if EPA (1) The state must give EPA notice of
and other mechanisms to attract state- has reason to believe the proposed the proposed transfer, and submit, at
least 90 days before the transfer, a plan other mechanisms to attract state-wide and (c), except for § 271.23(b)(8)(iii) to
for the orderly transfer of all relevant attention. the extent that it deviates from
program information necessary for EPA (b) The following procedures apply requirements under § 281.60.
to administer the program. when the Administrator considers (2) If the state fails to take appropriate
(2) Within 30 days of receiving the withdrawing approval. action within a reasonable time, not to
(1) When EPA begins proceedings to exceed 120 days after notice from the
state’s transfer plan, EPA must evaluate
determine whether to withdraw Administrator that the state is not
the plan and identify any additional
approval of a state program (either on its administering and enforcing its program
information needed by the federal
own initiative or in response to a in accordance with the requirements of
government for program administration. this part, EPA will withdraw approval
petition from an interested person),
(3) At least 30 days before the transfer withdrawal proceedings will be of the state’s program.
is to occur, EPA must publish notice of conducted in accordance with [FR Doc. 2015–15914 Filed 7–14–15; 8:45 am]
the transfer in the Federal Register and procedures set out in 40 CFR 271.23(b) BILLING CODE 6560–50–P

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Vol.

Environmental Protection Agency

ENVIRONMENTAL PROTECTION either electronically in 1. Changes to Overfill Prevention

INDUSTRY SECTORS POTENTIALLY AFFECTED BY THE FINAL REGULATION

Retail Motor Fuel Sales ............................................................................................................................................ 447.

5 Executive Order 13563, ‘‘Improving Regulation improve parity in program

Review Draft, US EPA/OUST, August 2004. FY2013_BIB.pdf. found at: http://epa.gov/oust/fedlaws/epact_05.htm.

COSTS AND BENEFITS OF THE UST REGULATION

7% discount rate 3% discount rate

Total Annual Social Costs .................................................... $160 ..................................................................................... $160.

United States. Policy Act of 2005, Public Law 109–58, August 8,

an independent organization applies to 11 Petroleum Releases At Underground Storage

EPA/OUST, March 2005.

Assignment #1–19, Methodology and Calculator for

Æ Visually check containment sumps

periodically; as a result, owners and Upgraded Underground Storage Tanks, Peer

EPA chose the three year time frame

secondarily contained systems or

commenters opposing a phased in operating properly. Owners and

EPA–OUST, March 2005. Storage Tank Systems. http://www.nwglde.org/. www.pei.org.

responses. A challenge to performing military installations, and other installed.

Requirement Effective date

<50,000 .................................................................................................................................................................. 1.0 0.5

PHASE IN FOR PIPING SEGMENTS ≥100,000 GALLONS IN VOLUME

assumes ownership mpca/mpca-news/current-news-releases/news-

50 January 28, 2012, March 29, 2012, and October

UFC 3–460–1 [Proposed UST Requirements

UST programs that regulate airport hydrant

representing potentially impacted protectiveness. Piping associated with Inventory Control

Differential Pressure (LRDP) Leak Detection System

date of this final UST regulation must be

maintain a written SPCC plan that

some degree of corrosion protection to 12_final.pdf.

partially excluded UST systems. In Cerutti, Massachusetts Department of

86 April 2012 telephone conversation with Chris

prohibitions on installation. Wiesberg, Missouri Department of Natural

time notification of existence for UST

112 ASTM Standard D975, 2010c, Standard

required owners and operators retain

compatibility of UST systems with function properly’’ language in the section.

UST regulation maintains the data gathered to generate an initial

COMPARISON OF SELECTED OPTION AND OPTIONS 1 AND 2

the Energy Information Administration, which

with the requirements of this paragraph

Underground Petroleum Storage System’’;

550 gallons or less .............................................................................................................................. 36 hours ...... 10 gallons .... 5 gallons

underground piping that routinely

procedures at some hazardous substance

financial statements of the owner or

Alternative I Alternative I statements, or within 30 days of

cent of assets are located in

accidental releases’’ or ‘‘accidental misrepresentation by the insured will be lllllllllllllllllllll

surety company issuing the bond must

[Moody’s or Standard & Poor’s]

[Moody’s or Standard & Poor’s]

fund are as follows:

compliance with this subpart at any

‘‘compensating third parties for bodily as required by subpart G of this part.

of the implementing agency. evidence of an interest in real or accounts receivable financing

Requirement Effective date

of practice may be used to comply with this detection:

MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

<50,000 .................................................................................................................................................................. 1.0 0.5