Vol. 80 Wednesday, No. 135 July 15, 2015

Part II

Environmental Protection Agency

40 CFR Parts 280 and 281 Revising Underground Regulations—Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training; Final Rule

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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 Ave. NW., Washington, DC. The Public Repaired [EPA–HQ–UST–2011–0301; FRL 9913–64– 3. Notification 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 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 [email protected]. F. Alternative Options EPA Considered V. Updates to State Program Approval Agency (EPA or the Agency) is making SUPPLEMENTARY INFORMATION: certain revisions to the 1988 Requirements underground storage tank (UST) Table of Contents VI. Overview of Estimated Costs and Benefits VII. Statutory and Executive Orders regulation and to the 1988 state program I. General Information A. Executive Order 12866: Regulatory 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 tanks and piping; adding operator and Coordination With Indian Tribal 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 release prevention and detection Operator Training and Secondary Significantly Affect Energy Supply, Containment Distribution, or Use technologies; updating codes of 1. Operator Training I. National Technology Transfer and practice; making editorial corrections 2. Secondary Containment Advancement Act and technical amendments; and B. Additional Requirements for Operation J. Executive Order 12898: Federal Actions updating state program approval and Maintenance To Address Environmental Justice in 1. Walkthrough Inspections requirements to incorporate these new 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 environment by reducing the number of Inspections 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 2. Airport Hydrant Fuel Distribution a list of potentially affected entities 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 disclosure is restricted by statute. 4. USTs Containing Radioactive Material be affected by this action. If you have and Emergency Generator UST Systems 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.

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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, , 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 under the authority of sections 2002, releases to the environment by 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 training will educate UST system amended (commonly known as the 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 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 systems. III. Background UST regulation required new UST 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 demonstrate financial responsibility, UST regulation in 40 CFR part 280. EPA made significant progress in reducing and clean up releases. is also revising its SPA regulation in 40 the number of new releases, CFR part 281 to incorporate the changes The Energy Policy Act of 2005 amended Subtitle I of SWDA, the statute approximately 6,000 releases are in 40 CFR part 280. 2 that authorized the UST program. Key discovered each year as of FY 2013. 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 training) apply to all states and United cause of new releases. Information on maintaining equipment. The 1988 UST States’ territories, hereafter referred to as sources and causes of releases shows 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 their UST systems, but did not require releases from piping and spills and apply in Indian country. The United proper operation and maintenance for overfills associated with deliveries have States has a unique legal relationship some of that equipment. For example, emerged as more common problems. In with federally recognized Indian tribes. EPA required spill prevention addition, releases at the dispenser are This government to government equipment to capture drips and spills one of the leading sources of releases. relationship includes recognizing the Finally, data show that release detection when the delivery hose is disconnected rights of tribes as sovereign governments from the fill pipe, but did not require equipment is only detecting with the right to self-determination and approximately 50 percent of releases it periodic testing of that equipment. acknowledging the federal government’s is designed to detect. These problems These revisions require that UST trust responsibility to tribes. As a result, are partly due to improper operation equipment is operated and maintained 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: 1 2006 UST Tribal Strategy, where both Facilities in Florida contains release • Establish federal requirements that EPA and tribes recognized the data on 512 releases from new and are similar to certain key provisions of 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 2006 Tribal Strategy, http://epa.gov/oust/ Measures, End Of Fiscal Year 2013, http://epa.gov/ UST systems; fedlaws/tribalst.htm. oust/cat/camarchv.htm.

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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 . 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 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- Indian country. This regulation is Tank Facilities In Florida, Peer Review Draft, US 1385.pdf. 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.

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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 D. EPA’s Process in Deciding Which update the UST and SPA regulations. prevention and release detection Many commenters appreciated the Changes To Incorporate in the equipment are properly operated and Regulations extensive stakeholder outreach EPA 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.

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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 comment period. This final UST regulation aligns the 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 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 outreach, equipment to be upgraded or input, EPA is not using the phased in Owners and Operators of Underground installed (such as for previously approach and instead is requiring 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

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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 systems deferred in the 1988 UST This final UST regulation indicates 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 training to Class C operators, which A. Establishing Federal Requirements C operators meet the definition of operator will they be subject to the same should help UST owners and operators for Operator Training and Secondary comply with this requirement. The UST Containment responsibilities and liabilities as an operator. EPA’s definitions of Class A, owner and operator must ensure Class C 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 Commenters on the 2011 proposed UST provision of the Energy Policy Act of response—for example response to regulation indicated this final UST 2005 requires implementing agencies, as release detection alarms, spills, or regulation should further differentiate a condition of receiving federal Subtitle releases. EPA received several Class A, B, and C operators from EPA’s I money, develop state-specific training comments on the 2011 proposed UST definition of operator. EPA agrees with requirements for three classes of UST regulation requesting we require only commenters and is changing the title of system operators. EPA issued grant one Class C operator be designated. The § 280.241 to Designation of Class A, B, guidelines that provide minimum final UST regulation requires all and C operators in the final UST requirements state operator training individuals who meet the definition of regulation. This change correctly programs must include in order for Class C operator be trained. EPA states to continue receiving federal identifies the individuals who must be 10 maintains that the initial response to Subtitle I money. 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 demonstration, or another approach UST system. 10 Grant Guidelines To States For Implementing In the preamble to the 2011 proposed The Operator Training Provision Of The Energy acceptable to the implementing 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

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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) When Designated Operators Must agencies to use individual names, rather standard. HAZWOPER is the United Complete Operator Training than company names, when verifying States’ recognized standard of safety 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

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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 record of training is also applicable dispenser systems to install UDC for provide information about the when Class A or B operators train Class these reasons: compliance issue to Class A and B C operators. UST owners and operators • Nearly all new and replaced tanks operators so they are able to return their must document verification of training and piping are installed within 1,000 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 11 12 administered, or both by an contained systems. 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.

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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 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 • The owner or operator entered into has an inner and outer barrier with an a contractual agreement that cannot be interstitial space that is monitored for 15 Petroleum Releases At Underground Storage leaks. This term includes containment Tank Facilities In Florida, Peer Review Draft, US cancelled or modified without substantial loss and physical sumps when used for interstitial EPA/OUST, March 2005. monitoring of piping. The EPAct defines 16 Evaluation Of Releases From New And construction or installation will Upgraded Underground Storage Tanks, Peer commence within a reasonable time secondary containment as a release Review Draft, US EPA/OUST, August 2004. frame. 17 Frequency And Extent Of Dispenser Releases 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.

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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 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 periodically monitor UDC (i.e., by • Under-dispenser containment— For pressurized piping, EPA considers a piping run to be the piping that electronic monitoring) to ensure it is This means containment underneath a intact and free of . EPA proposed dispenser system designed to prevent connects the submersible turbine pump (STP) to all of the dispensers fed by that continuous UDC monitoring if visual leaks from the dispenser and piping inspection and access of the UDC are within or above the UDC from reaching pump. For example, if a tank has two STPs, EPA considers the piping not possible. However, in guidance to soil or groundwater. Based on state UST programs about meeting the comments received and to provide associated with each STP to be separate piping runs. For suction piping, a secondary containment provision of the clarification, EPA is adding piping in EPAct, EPA did not require continuous the containment sump to the definition. piping run is the piping that runs between the tank and the suction pump. monitoring. Therefore, to provide 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 UST system equipment to detect and states that currently require secondary the leading release sources.22 23 UDC is prevent releases; however, it did not containment and interstitial 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 Assignment #1–19, Methodology and Calculator for operators need to properly operate and 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

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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 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 owners and operators conduct questioned the need to perform these the walkthrough inspection requirement walkthrough inspections as follows: inspections because owners and on the effective date of the final UST • Every 30 days: operators seldom access these wells regulation. However, based on Æ Visually check spill prevention unless they are used for release comments received and to align equipment for damage and remove detection or cleanup. EPA agrees with implementation of all operation and liquid or debris; check for and remove these commenters and also thinks that maintenance requirements, owners and obstructions in the fill pipe; check the owners and operators will secure operators must begin conducting fill cap to ensure it is securely on the monitoring wells following each 30 day walkthrough inspections not later than fill pipe; and, for double walled spill release detection monitoring event or three years after the effective date of this prevention equipment with interstitial during cleanups as part of their normal 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

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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 EPA received multiple comments and maintain their spill prevention disconnected from the fill pipe. For UST suggesting we revise the 30 day equipment in order to prevent releases systems receiving infrequent deliveries, inspection requirement to be a monthly to the environment. If a small release 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 problems with spill prevention inspections are needed at least once by specifying the maximum number of equipment. Data show that UST spills every 30 days for release detection to days between walkthrough inspections. account for about 15 percent of releases ensure the equipment is operating, EPA is not moving to monthly from UST systems.26 27 Examples of check release detection records, and inspections because owners and problems with spill prevention determine whether the tank or piping is operators could misinterpret monthly equipment include damage due to: leaking. Owners and operators who and go 60 or more days without Vehicles driving over the spill monitor their release detection system conducting a walkthrough inspection. prevention equipment; ground remotely may check the release For example, an owner or operator 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 occur one day apart and six inspections eight years according to a South In addition, 30 day inspections (or 28 29 before each delivery) of spill prevention would occur about 60 days apart. While Carolina study. 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 testing is needed to minimize problems the fill pipe as part of the walkthrough inconsistent monthly option in this and ensure spill prevention equipment inspection because obstructions in the example. Since 30 days is the average will contain small releases from the fill pipe will cause a shutoff device to length of a month, EPA’s intent with delivery hose when disconnected from operate improperly. requiring 30 days is to ensure owners the fill pipe. EPA is including Petroleum and operators conduct walkthrough Equipment Institute’s Recommended This final UST regulation does not inspections on or about the same time require periodic testing of double Practice 900, Recommended Practices each month. for the Inspection and Maintenance of walled spill prevention equipment if the Some commenters raised concern UST Systems, as a code of practice that integrity of both walls is periodically about disposing of liquids owners and may be used to meet the walkthrough monitored. Because the integrity of both 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 requiring those areas be inspected 26 Evaluation Of Releases From New And walkthrough inspection requirement if Upgraded Underground Storage Tanks, Peer they chose to follow only some of the periodically; as a result, owners and operators may discover the liquid Review Draft, US EPA/OUST, August 2004. walkthrough inspection areas in the 27 Petroleum Releases At Underground Storage code of practice while ignoring others. sooner, but the responsibility to remove 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 Stoudemire, 2005 UST National Conference, March conduct walkthrough inspections remove, manage, and dispose of the liquid properly (according to federal, 14–15 2005, Seattle, WA. 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.

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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 possible. Since spill prevention performance criteria for spill prevention test; they carry the test liquid with them equipment has a relatively short equipment testing. EPA thinks the and reuse it several times before lifespan, EPA thinks a three year testing manufacturer, code of practice, or disposal. Others charge a separate cost frequency, when combined with implementing agency are better suited to dispose of the test liquid or make sure periodic visual checks via the to establish test method criteria because the owner or operator has drums on site walkthrough inspection (see section B– spill prevention devices are 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).

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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 3. Overfill Prevention Equipment which require following manufacturer’s determines the device is set to activate Inspections instructions and installation standards. at the appropriate level in the tank and In this final UST regulation, EPA is These instructions and standards will activate when the regulated currently address the operability of the adding periodic operation and substance reaches that level. As of this maintenance requirements for overfill overfill equipment at installation. As final UST regulation, EPA is aware of long as the overfill prevention prevention equipment to help ensure one code of practice that contains the equipment is operating properly and equipment is inspected for operability at procedures for inspecting overfill installation, the first periodic overfill will activate before an UST is overfilled. prevention equipment: PEI RP 1200, prevention equipment inspection does Owners and operators need to properly Recommended Practices for the Testing not have to be conducted until three operate and maintain their overfill and Verification of Spill, Overfill, Leak years after installation. prevention equipment in order to Detection and Secondary Containment EPA received significant support for prevent releases to the environment. If Equipment at UST Facilities.34 EPA requiring owners and operators to keep overfill prevention equipment is not added this code of practice in this final records of overfill prevention equipment working properly, an UST can be UST regulation. In addition, EPA is inspections for three years. The three overfilled and release product to the providing implementing agencies year period aligns with the maximum environment. EPA is aware that USTs flexibility to allow other methods they time between on-site UST facility are being overfilled and there are determine to be as protective of human compliance inspections. Therefore, this problems with overfill prevention health and the environment as the final UST regulation requires owners equipment. Data show that tank overfills manufacturer’s requirements or a code and operators maintain for three years account for about 15 percent of releases of practice. This option allows 32 33 overfill prevention equipment from UST systems. Examples of alternatives in case a code of practice inspection records for each overfill problems with overfill prevention and manufacturer’s requirements are not device at the facility. These records will equipment include: Tampering, available for inspecting overfill demonstrate to implementing agencies improper use, and normal wear and prevention equipment. that the overfill prevention equipment tear. Overfill prevention equipment This final UST regulation requires has been inspected, is set at the inspections will minimize problems and owners and operators conduct overfill appropriate height in the tank, and will ensure overfill prevention equipment is prevention equipment inspections at activate when regulated substances operating properly. least once every three years. reach that height. The 2011 proposed UST regulation Commenters generally supported a three Several commenters were concerned used the term testing for overfill year or more frequent inspection cycle. about potential damage to overfill prevention equipment when describing EPA chose the three year time frame prevention equipment during removal because it aligns with three year 32 for inspection. EPA asked several Petroleum Releases At Underground Storage compliance inspections and is Tank Facilities In Florida, Peer Review Draft, US vendors who perform overfill consistent with other operation and EPA/OUST, March 2005. prevention equipment inspections about 33 Evaluation Of Releases From New And 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

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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 secondarily contained systems or of both walls is periodically monitored, owners and operators conduct testing of penalize early installers of secondarily containment sumps used for interstitial 36 contained UST systems. However, this 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. supported a three year or more frequent 35 Spill, Overfill, and Secondary Containment 37 Evaluation Of Releases From New And 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

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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 These instructions and standards testing laboratory. The manufacturer’s 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. integrity of the two walls of the establish specific pass or fail 5. Release Detection Equipment Tests performance criteria. containment sump is periodically 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 commenters opposing a phased in discontinuing periodic monitoring of 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).

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• 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 Æ example, see section B–2, Spill 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 regulation, PEI was developing a code of Æ operation and maintenance testing; but 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 Æ in a similar manner, which will increase EPA reviewed PEI’s final Recommended 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 optimal performance from equipment Storage Tank System Leak Detection Sensors, on comments received, this final UST August 2002. http://www.waterboards.ca.gov/ regulation uses the term automatic line and to meet release detection water_issues/programs/ust/leak_prevention/ 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.

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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 C. Addressing Deferrals owners and operators of UST systems 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: and USTs with field-constructed tanks. operation and maintenance • For systems installed after the In addition, this final UST regulation requirements for release detection effective date of this final UST removes the release detection deferral feature minimum performance criteria regulation, at the time of installation for UST systems that store fuel solely for for testing. Each method used to meet • For systems installed on or before use by emergency power generators. As the requirement (manufacturer’s the effective date of this final UST a result, these UST systems may no instructions, a code of practice, or regulation, within three years of the longer be subject to Spill Prevention, requirements developed by the effective date of this final UST Control, and Countermeasure (SPCC) implementing agency) must, at a 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

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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 release detection requirement within piping configured to run continuously detectors, which only shut off at the one year of the effective date of the final with integrated supply and return STP or allowing only certain release UST regulation. Several commenters lines, cannot be properly isolated or detection methods for these systems. raised concerns that a one-year time does not have a sufficient quiet period However, to provide flexibility to owners and operators while continuing frame to meet this requirement is to perform a precision test when using insufficient for owners and operators to automatic tank gauging to protect human health and the • environment, this final UST regulation assess, budget, and install release Emergency generator tanks with 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 methods, including automatic line leak requirement due to system dates for release detection on other detectors that trigger an alarm only and configurations previously deferred tanks. EPA agrees • not necessarily shut down the pump, for Most emergency generator tanks are that extending the time frame will allow their systems. For an unmanned facility, single walled and are limited to owners and operators sufficient time for the alarm must be transmitted to a automatic tank gauging as the form of planning and installing necessary monitoring center where someone can release detection equipment to meet the release detection • hear or see the alarm and quickly Emergency generator tanks with day requirement; but we disagree with respond to a suspected release. tanks and aboveground piping may 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

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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 2. Airport Hydrant Fuel Distribution with the requirements for subparts A field-constructed tanks. UST systems (Program Scope and Interim Systems and UST Systems With Field- with field-constructed tanks (referred to Constructed Tanks Prohibition) and F (Release Response as field-constructed tanks) range from and Corrective Action for UST Systems This final UST regulation removes the conventional sizes to very large Containing Petroleum or Hazardous 1988 deferral and requires owners and capacities greater than 2 million gallons. Substances). operators of airport hydrant fuel 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 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 Overview of Actions hour or less; and at least once every tank tightness test that can detect a 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)

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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 Æ and frequency and reliability of airport hydrant systems and field- 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 test—leak Annual test— detection leak detection Test section volume rate not rate not to (gallons) 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

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 Æ At least every 30 days, perform corrosion protection upgrade consider the size of release the method inventory control, conducted requirements in § 280.252(b)(1) or the can detect and the frequency and according to DoD Directive 4140.25, new tank and piping standards 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 procedures, that can detect a leak the effective date of the final UST 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

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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 .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. human health and the environment. As Number 19 Fuel Spill. of the date on which the new owner 45 http://www.pca.state.mn.us/index.php/about- assumes ownership a result, EPA is removing the deferral. 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 _ owners and operators of airport hydrant leaking in order to regulate them. The DRAFT RAO.pdf. 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.

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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 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 interconnected aboveground and field-constructed tank into the systems under 40 CFR part 280, unless immediate and surrounding underground storage tanks (that could 10 percent or more of the total capacity be constructed in the factory or field- environment, causing harm to native of the system is beneath the surface of 49 constructed) and piping that function as wildlife. 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 identifying releases before they system begins when regulated substance constructed tanks. Below are two contaminate the surrounding enters from an external source such as examples. Note that aboveground piping environment. This final UST regulation a pipeline, barge, rail car, or other motor is not included when calculating the adds these requirements for airport vehicle carrier, but does not include the total volume. hydrant systems and field-constructed external source. Airport hydrant Example 1: A 1 million gallon tanks in order to help prevent and systems use large diameter piping and aboveground storage tank (AST) quickly detect leaks from these systems operate at pressures higher than those of connected to underground piping with into the environment. a conventional UST. This final 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 50 January 28, 2012, March 29, 2012, and October connected to the airport hydrant system 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

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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- Definition of a Field-Constructed Tank to meet the final UST regulation. 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 57 58 59 ideally addressed through in-field frames. 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 53 volume of the system is beneath the Discussions With Commercial Airports That information provided during the public May Be Affected By The Final UST Regulation ground’s surface or otherwise covered comment period; this included verifying with earthen material. EPA considers a dated February 6, 2013. 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 regulation according to § 280.10(c). See to meet requirements in the final UST regulation. agencies to develop a preliminary plan which 55 January 28, 2013 and March 29, 2012 meetings 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.

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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. airports and DoD facilities comply with airport hydrant systems that could be 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 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 System. estimate costs. See the RIA, which is that are less burdensome to the regulated 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 Hydrant Systems and Field-Constructed UFC 3–460–1 [Proposed UST Requirements Compared To Existing Facility Requirements And already have the necessary equipment to Tanks Recommended Practices]. meet many of the requirements in the To avoid overlapping regulations, 65 New York allows owners and operators to final UST regulation. EPA also perform a modified American Petroleum Institute concluded from those conversations that several commenters suggested EPA Standard 653 inspection combined with monitoring 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

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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 Release Detection allows continued airport operation. In changing the applicability date for 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 In the 2011 proposed UST regulation, final UST regulation will not severely regulating airport hydrant systems from EPA asked commenters if we should affect airport operations or cause service release detection requirements in consider alternative options for closing delays severe enough to significantly subpart D. EPA also deferred UST very large UST systems in place. Most affect the military mission or disrupt the systems with field-constructed tanks commenters recommended that large National Airspace System. EPA from most requirements in the 1988 field-constructed tanks either be concluded that the information we UST regulation, due to a lack of removed or filled with an inert solid gathered since issuing the 2011 appropriate release detection methods. material to prevent releases of residual proposed UST regulation supports At that time, EPA believed the majority contamination to the environment. regulating these systems as required in of release detection methods applied to Others suggested EPA allow some the final UST regulation. In addition, factory built tank systems and did not flexibility when closing these UST this final UST regulation includes adequately work for UST systems with systems in place. EPA agrees with changes to ensure compliance field-constructed tanks or airport commenters that implementing agencies requirements are less disruptive and 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 Implementation Time Frame on pressurized piping at commercial 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.

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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, Release Detection Is Now Available and product expands or contracts, increasing • 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 regulation were insufficient and release detection test can mask an 25 years, the petroleum services existing release or falsely indicate one requested EPA provide options that industry has developed release offered owners and operators more occurred. In addition, the out of service detection technologies for airport period needed to test airport hydrant choices. A4A provided EPA with the hydrant systems and field-constructed names of nine commercial airports that piping could range from one to several tanks. The NWGLDE lists Large days after the last product transfer. could be affected by the final UST Diameter Line Leak Detection Method (6 regulation and the feasibility of Removing airport hydrant systems Inches Diameter Or Above) and Bulk from service for extended periods will applying the release detection methods Underground Storage Tank Leak greatly impede their purpose of rapid discussed in the 2011 proposed UST Detection Method (50,000 Gallons Or and timely delivery of fuel to aircraft. regulation to these airports. This Greater), both of which identify When using pressure based testing information helped EPA further refine methods capable of detecting releases methods to produce accurate leak test this final airport hydrant system from airport hydrant systems and field- results, airport hydrant system piping requirements, including release constructed tanks.67 EPA contacted needs to be isolated in appropriately detection. several vendors to determine the sized segments. Some airport hydrant A4A stated that the only feasible strengths and limitations of release systems have numerous isolation points choice EPA provided was pressure detection methods for these UST with connections for release detection based methods and substantial retrofits equipment. Others have longer systems. EPA also talked with DoD’s would be required to meet the Defense Logistics Agency (DLA) requirements at Chicago O’Hare underground piping segments with 68 isolation valves for testing located up to Energy 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 methods, EPA realized existing release Storage Tank Systems. http://www.nwglde.org/. systems change in the future, the owner 68 Defense Logistics Agency Energy was formerly 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. UST programs that regulate airport hydrant responsible for determining whether 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

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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 The final UST regulation allows could achieve compliance within the inventory control procedures performed 70 71 72 73 74 owners and operators to perform specified time frames. From by both DoD and A4A, EPA is allowing pressure based testing methods those discussions, EPA found that most, inventory control as part of a according to performance criteria if not all, of the potentially affected combination method of release dependent on volume of the line commercial airports have or will have detection. EPA chose 0.5 percent of flow segment tested. These criteria provide mechanisms in place to achieve through as the performance standard for specific performance thresholds for both compliance with the release detection inventory control because this value semiannual and annual testing. Owners requirements in this final UST represents the maximum tolerance and operators may perform semiannual regulation. In addition, owners and allowed under the performance or annual line testing at or above operators already implement release standard for products typically stored or operating pressure with a probability of detection according to technical handled by airport hydrant systems. detection of 0.95 and a probability of requirements in states where airport Owners and operators may conduct false alarm of 0.05. This method allows hydrant systems are not deferred. EPA inventory control according to DoD owners and operators to meet a variable found that many of these airport Directive 4140.25, ATA’s Airport Fuel leak rate based on piping test section hydrant systems perform a type of Facility Operations and Maintenance volume. The leak rate ranges from 1 to inventory management and hydrostatic Guidance Manual, or equivalent 3 gallons per hour, depending on piping testing of the piping system to detect procedures. EPA is allowing this volume for semiannual testing and from pressure changes in the UST system. method in combination with either a 0.5 to 1.5 gallons per hour for annual EPA determined that although the 1988 pressure based line tightness test using testing. The final UST regulation UST regulation did not require airport the leak rates from the semiannual test establishes 3 gallons per hour as the hydrant system owners and operators in § 280.252(d)(2)(i) at least once every maximum threshold because the perform these tests, both DoD facilities 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 For the first six years (or two test described below. 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 Based on comments, EPA is providing proposed UST regulation. However, this rate of 6 gallons per hour. The higher flexibility for owners and operators of final UST regulation retains these threshold provides for use of existing piping associated with airport hydrant methods with modifications. See section test methods during the first six year systems and field-constructed tanks D–6 for more information. These period. Six years will provide owners greater than 50,000 gallons to meet the methods are also allowed with some and operators time to upgrade their release detection requirements. This modifications in subpart K. EPA divided piping systems to meet the up to 3 vapor monitoring into two categories: final UST regulation modifies the piping gallons per hour threshold for release detection options in the 2011 Active monitoring for chemical markers semiannual testing. Between years six or tracers and passive monitoring for proposed UST regulation and and seven, owners and operators must incorporates some of the methods stored product in the tank system. conduct one additional tightness test Owners and operators of these systems currently used at commercial airports that, at a minimum, meets the and DoD facilities. Owners and semiannual testing threshold. In the operators of these systems may use 75 DoD’s Bulk Petroleum Management Policy— 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/ whs/directives/corres/pdf/414025-m-vol2- passive groundwater and vapor requirements according to the 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) release detection options should be Jet Fuel, Distillates, Residuals = 0.5 percent and 70 January 28, 2012 and March 29, 2012 meetings 0.25 percent; and (4) JP5, JP8, DF2, F76, etc. = with representatives from Airlines for America. considered for underground piping varies by individual agreements with airports and 71 associated with airport hydrant systems February 28, 2013 and March 18, 2013 0.5 percent. meetings with DoD’s Defense Logistics Agency and field-constructed tanks greater than 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. groundwater and vapor monitoring, and 2004.1; and ATA Spec 123: Procedures for the 73 June 20, 2012 meeting with VISTA Precision other methods for piping as release Accounting of Jet Fuel Inventory 2011.2. The two Solutions. 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.

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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. Most commenters thought the release The final UST regulation maintains conventional systems at one and a half times operating pressure. EPA is aware detection options were appropriate and the option for owners and operators to sufficient. One commenter thought EPA use alternative methods of release that airport hydrant system piping operates at high pressures and agrees should include chemical marker or detection for piping approved by the tracer testing. Another commenter implementing agency, as discussed in with commenters who stated that testing above operating pressure might be thought EPA should expand the types of the 2011 proposed UST regulation. This release detection methods specified in provides flexibility for owners and infeasible. This final UST regulation requires owners and operators to test the final UST regulation to include use operators to comply by using methods of sensors, probes, monthly visual or a combination of methods equivalent these systems at least at operating inspections, or other methods approved to the requirements in § 280.252(d)(2). pressure, because these large piping by the implementing agency. EPA recognized that other methods not systems operate at pressures much EPA met with and obtained included in § 280.252(d)(2) could be higher than conventional gasoline information from DoD and release acceptable, as long as they are as stations. However, EPA is allowing detection vendors throughout the effective and are approved by testing at or above operating pressure, regulatory process. EPA researched implementing agencies. The but is not providing a set value. suggested release detection options and performance criteria for piping release Professional testers can decide the standard practices conducted by DoD detection methods in § 280.252(d)(2) appropriate pressure to test these following the public comment period provide owners and operators with systems, as long as the pressure is at for the 2011 proposed UST regulation. information about how to demonstrate least the operating pressure of the EPA found that these facilities perform the effectiveness of release detection system. 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 77 78 Because piping segments associated associated with airport hydrant systems their field-constructed tanks. 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.

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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 Release Prevention field-constructed tanks greater than This final UST regulation allows 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 constructed tanks described in the airport hydrant systems and field- 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 , 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 Automatic Tank Gauging Combinations systems. For corrosion protection, operator demonstrate the method can with Tank Tightness Testing airport hydrant systems and field- 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 Release Detection Recordkeeping 1 gallon per hour with a tank tightness 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

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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 notification of existence to regulation, then at least once every three require secondary containment for new implementing agencies no later than 3 years thereafter. For more information and replaced piping associated with years after the effective date of this final on spill prevention equipment testing field-constructed tanks greater than UST regulation. EPA agrees with and overfill prevention equipment 50,000 gallons in capacity or piping commenters that airport hydrant system inspections, see sections B–2 and B–3, associated with airport hydrant systems. owners and operators need more than respectively. EPA understands this piping typically is 30 days to provide the one-time larger diameter and runs for long Walkthrough Inspections 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 UST system equipment in order to airport hydrant systems covered by the 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

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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 completely buried storage tanks subject under sections 402 or 307(b) of the information see section A–1, Operator 80 Training. to all of 40 CFR part 280. 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 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, Change from Deferred to Partially Excluded construction, relocation, or replacement. Excluded Facilities regulated by the SPCC The 1988 UST regulation used the regulation must also prepare and The 2011 proposed UST regulation term deferred for wastewater treatment maintain a written SPCC plan that used the term deferred for aboveground tanks. Although these tanks were 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, , 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

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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 82 83 84 tanks. 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 subparts B (UST Systems: Design, systems, and determine if there were 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 89 Responsibility); J (Operator Training); regulations, EPA determined these Excluded Tanks and K (UST Systems with Field- requirements are comparable to EPA 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 these systems, the term interim Control Commission. 83 April 2012 telephone conversation with Ming prohibition no longer applies. Pan, 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 addition, EPA is changing § 280.11(a) to Environmental Protection. 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. removing the deferral to regulate these 87 April 2012 telephone conversation with Mary Hansen, Washington State Department of Ecology. 89 Contract No. GS–10F–0309N, EPA Work Order 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.

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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. prescriptive procedures UST owners directives. DOE uses orders to regulate Installation Requirements for Partially radioactive materials at their facilities. and operators must follow in responding to releases into the Excluded Tanks NRC regulations at 10 CFR part 50 environment. NRC regulations are In the 1988 UST regulation, deferred require that construction permit performance-based actions; they USTs containing radioactive material 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 adequate environmental controls to radiological protection from DOE operations. (see Move from Deferred to Partially https://www.directives.doe.gov/directives- ensure environmental protection. Excluded documents/400-series/0435.1-BOrder-chg1.) 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 § 280.11(a) to reflect that these (Chapter II(Q)(2)(c)); release detection for failed 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 additional information, this final UST inspections (Chapter II(T)) and corrective action 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 Systems and Closure); H (Financial pt10.4.835&rgn=div5). 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); Program for DOE (Including the National Nuclear does not occur regarding the cleanup and reuse of and K (UST Systems with Field- 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

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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 Repaired 1. Changes to Overfill Prevention of regulated substances into the UST Equipment Requirements when the device activates. Flow About 3 percent of tanks rely on restrictors in vent lines must be Through extensive stakeholder internal lining as the sole method of periodically inspected for proper corrosion protection to meet the 1988 outreach, EPA identified vent line flow operation according to section B–3, restrictors (also called ball float valves) UST regulation.104 Tanks that were Overfill Prevention Equipment internally lined to meet the 1988 UST as a significant concern for operability Inspections. This means that the flow regulation corrosion protection and safety. As a result, this final UST restrictor will need to be accessible to requirement at § 280.21 are typically regulation modifies the 1988 UST the person inspecting the overfill older, bare steel tanks installed before regulation by eliminating vent line flow prevention device. In addition, owners 1986. The 1988 UST regulation restrictors as an option for meeting the and operators may continue to use flow preamble says that internal lining, when overfill prevention equipment restrictors in UST system vent lines for used as the sole method for corrosion requirement for new tank installations reasons other than meeting the overfill protection, is not regarded as a and when overfill prevention equipment prevention requirement, as long as the permanent upgrade. However, it is is replaced. EPA makes this change to: flow restrictors do not interfere with adequate if the lining continues to meet reduce the frequency of UST releases 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.

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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 provides a new notification form titled internal linings used for compatibility UST systems containing radioactive Notification of Ownership Change for or secondary containment). material that are regulated under the Underground Storage Tanks under Most commenters supported this Atomic Energy Act of 1954, and UST appendix II. This form supplants the change to the 1988 UST regulation. systems that are part of an emergency List of Agencies Designated to Receive Some even suggested more restrictive generator system at nuclear power Notifications in appendix II of the 1988 requirements: either phasing out generation facilities regulated by the UST regulation. The list, published in internal lining as a corrosion protection Nuclear Regulatory Commission under 1988, contained agency names, upgrade or permanently closing an UST 10 CFR part 50 previously deferred in addresses, and phone numbers, many of if the lining inspection failed. EPA is the 1988 UST regulation and partially which are no longer accurate. EPA not requiring these more restrictive excluded in this final UST regulation.) approaches because we think internal considered updating the list, but given Furthermore, EPA agrees with the frequency with which contact lining repairs can be appropriate and commenters’ requests to extend the time protect the environment when information changes, decided it is frame of 30 days in the 2011 proposed pointless to publish information in the conducted according to a code of UST regulation for owners of UST practice developed by a nationally final UST regulation since it will systems with field-constructed tanks quickly become obsolete. Rather, recognized association or independent and airport hydrant fuel distribution testing laboratory. In addition, requiring owners can obtain current agency systems to submit their one-time contact information on EPA’s Web site permanent closure under these more notification of existence. To provide restrictive circumstances would place at www.epa.gov/oust. 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; This final UST regulation adds a one- notification forms only to their this notification requirement has been time notification of existence for UST respective state as their implementing in place since 1986 for all UST owners systems with field-constructed tanks agency, except in instances where the bringing new USTs into use. See subpart and UST systems identified as airport implementing agency is EPA. For K for other requirements related to UST example, EPA is the implementing systems with field-constructed tanks agency for USTs located in Indian 105 EPA UST Technical Compendium Question 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

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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 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 . 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 Compatibility on dispenser components. Results 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 term equipment to mean a group of Regulated Substance and Motor Fuel this information, this final UST components assembled together by the Definitions regulation clarifies the compatibility manufacturer. Compatibility can be This final UST regulation revises the requirements for owners and operators determined for all components of a regulated substance definition to clarify storing regulated substances containing piece of equipment. Compatibility that UST systems containing petroleum 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 newly installed or when a complete supplement of the proposed 1988 UST for owners and operators storing piece of equipment is replaced. regulation indicates that petroleum 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. regardless of its source material. Bridges to a More Sustainable Future: 2011 Ethanol Many people applied the definition of Component compatibility is determined Industry Outlook. http://www.ethanolrfa.org/page/- /2011%20RFA%20Ethanol%20Industry%20 regulated substance in the 1988 UST on a piece by piece basis. A component compatibility determination is typically Outlook.pdf?nocdn=1. regulation to petroleum UST systems 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 other individual pieces that form a piece Laboratories Research Program on Material green gasoline, is a regulated substance Compatibility and Test Protocols for E85 Dispensing under 40 CFR part 280. This of equipment. Equipment (December 2007). Available in the UST Gasoline containing 10 percent or less clarification is consistent with the Docket under Docket ID No. EPA–HQ–UST–2010– ethanol (E10) has been used in parts of 0651. preamble to the 1988 UST regulation, the United States for many years. UST 110 Westbrook, P.A., Compatibility and 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.

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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 with prolonged exposure.... In addition, owners and operators able to demonstrate compatibility by Nitrile rubber compounds, retaining equipment or component ® may use another option determined by polypropylene, polyvinyl, and Tygon the implementing agency to be no less records. Owners and operators may also materials are particularly vulnerable to protective of human health and the demonstrate compatibility by obtaining B100.’’ 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 biodiesel to meet its Standard approval must also specify the range of Specification for Diesel Fuel .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 the risk of releases due to material ID No. EPA–HQ–UST–2010–0651. biodiesel. The rationale is that a leak 112 ASTM Standard D975, 2010c, Standard incompatibility. Owners and operators from the primary containment will be 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 equipment before regulated substances 113 National Renewable Energy Laboratory, 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

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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. Owners and operators must retain • Use another option determined by an testing was part of the listing. EPA thinks manufacturers will only issue records for these regulated substances in implementing agency to be no less order to meet this compatibility protective of human health and the written claims of compatibility if they have sufficient information to support requirement. environment The 2011 proposed UST regulation • such claims. Not store these regulated substances preamble included an extensive list of The 2011 proposed UST regulation in the UST system 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

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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, and provided no detail about what an containment equipment following a which, if incompatible, could lead to a UST system component is. By adding repair and allows owners and operators 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 interstitial monitoring are used as the retrofits. They give owners and UST system components must follow method of release detection. In these operators flexibility, yet provide EPA the repairs allowed section (§ 280.33). cases, the secondary containment test Owners and operators commonly fix with confidence that UST systems are 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 Finally, EPA is removing from the equipment operates properly. EPA is 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 requirements about how owners and effective date of this final UST definition. However, based on operators may demonstrate regulation (see section A–2, Secondary 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

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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 Storage Tanks/Leaking Underground Storage Tanks 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.

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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. the interstitial monitoring method implementing agencies can confirm In cases where there is no site must be removed proper installation and use of assessment or an assessment does not • § 280.50(c)—clarifying that an alarm monitoring wells. For example, if sufficiently ensure requirements in during release detection monitoring is inspectors find what they believe to be § 280.43(e) or (f) are met, UST system subject to the reporting requirement insufficient numbers of wells or wells owners and operators must reassess the and describing exceptions to the improperly located to sufficiently site and maintain documentation reporting requirement monitor all portions of the tank or required in § 280.43(e)(6) and (f)(7) in • § 280.52(a)—adding owners and piping that routinely contain product, order to continue using groundwater or operators as appropriate must conduct inspectors will be able to reference the vapor monitoring as a method of release secondary containment testing, and site assessment to determine adequacy 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

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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. EPA received several comments about interstitial space (presumably from a operators do not have to report leaks, the terms release and leak used breach in the secondary wall) and which are contained in the interstitial 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 liquid in the interstitial space not used interchangeably. As a result of EPA’s encountered liquids discovered in the as part of the interstitial monitoring new secondary containment and interstice. However, EPA is using the method, such as brine filled, must be interstitial monitoring requirement (see broader term liquid to cover water, removed. section A–2, Secondary Containment), 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

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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 durability to prevent external corrosion final UST regulation for the reasons 1. Incorporate Newer Technologies during the tank’s life. described below. Since EPA promulgated the 1988 UST Because they were not commonly CITLD used at the time, EPA did not include regulation, newer tank, piping, and The 1988 UST regulation allowed jacketed tanks in the 1988 UST release detection technologies have been ATG systems as a recognized method of regulation. These tanks are now: More developed and are being used. EPA is release detection. However, ATG commonly used; UL 1746 listed for incorporating several of these newer systems were generally listed with external corrosion protection; and technologies in this final UST performance requirements consistent effective in preventing corrosion of the regulation. In addition, because the with performing a static test. ATG steel tank shell. EPA considers the tank 1988 UST regulation closure systems rely on system down time and jacket to be a non-corrosive dielectric requirements unintentionally restrict the absence of product delivery or material that: is constructed as use of a newer tank within a tank 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 as polyethylene and polyurethane. EPA Clad and Jacketed Tanks commenter and is clarifying use of the estimates at least 13 percent of regulated This final UST regulation adds steel term CITLD, which encompasses all piping currently installed is made of tanks that are clad or jacketed with a statistically based methods where the non-corrodible materials that are not non-corrodible material to the list of system incrementally gathers fiberglass-reinforced plastic.116 specific new tank design and 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 HQ–UST–2011–0301. category: CSLD (also referred to as 115 clad with a non-corrodible material. 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

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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 minimum detectable leak rate (MDL) in the release detection 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 1 (i.e., T = ⁄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 presented language in the 2011 • Use a threshold that does not methods, including SIR. proposed UST regulation that confused exceed one-half the minimum • Owners and operators must use statistically based release detection detectable leak rate. another method of release detection if methods currently in use. EPA agrees A quantitative result with a calculated 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 these issues associated with SIR: criteria described in the other methods • detection is required when results option for release detection, this final SIR is not the same as inventory are inconclusive; prior to sufficient UST regulation maintains the control 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.

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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 Æ imperative that UST owners and requirement, which allows owners 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 Storage Tanks/Leaking Underground Storage Tanks 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.

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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

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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 them in outreach publications. deliveries of regulated substances. used the term petroleum marketing firm • 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 amendments to the 1988 UST financial responsibility requirements regulatory language to ensure owners regulation. Editorial corrections include: (53 FR 43334). EPA intended the and operators continue to measure for Correcting misspellings; capitalizing definition in the preamble to be water as described in the inventory words; removing unused acronyms; included in the 1988 UST regulation, control requirement. This final UST using conventional number formatting; but failed to include the concept of regulation departs from the proposal and appropriately referring to parts, releases as a result of operating the UST. and retains language established in the subparts, sections, and paragraphs. In Through this amendment, EPA is 1988 UST regulation that automatic tank addition, this final UST regulation adds clarifying that owners and operators are gauging equipment also must meet the technical amendments, which include required to have financial responsibility inventory control requirements. This updating the final UST regulation to for releases arising from operating USTs final UST regulation does not require (including releases due to filling USTs incorporate statutory changes that owners and operators to perform occurred since the 1988 UST regulation and releases occurring at dispensers). 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-

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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 owners and operators, EPA is retaining EPA’s Rationale for Option 1 years. This balances the benefits of ensuring properly functioning groundwater and vapor monitoring as EPA considered keeping walkthrough equipment with the potential long as owners and operators 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

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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 EPA considered maintaining the hydrant systems and field-constructed UST regulation. Commenters supported existing requirements for groundwater tanks. EPA keeping the general format of the and vapor monitoring, in particular 1988 SPA regulation and not making the EPA’s Rationale for Option 2 retaining the two as permissible release final SPA regulation as explicit or In comparing costs with benefits of detection methods with no changes to prescriptive as this final UST regulation. the final regulatory changes, EPA the 1988 UST regulation. However, EPA is making these substantive weighed different frequencies for given the numerous concerns that have changes to the 1988 SPA regulation. walkthrough inspections and periodic 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

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• § 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 identified by implementing agencies what is explicitly required in 40 CFR 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 • approval. § 281.34(a)(1)—add interstitial space 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 Less Stringent. As of 2014, 40 states, • prohibit deliveries § 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.

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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. certain date in order to receive SPA. compatibility 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 receive federal Subtitle I money, to The ownership change notification in requirement for states to include adopt operator training requirements, § 280.22 requires anyone who assumes provisions for demonstrating compatibility with new and innovative delivery prohibition, and additional ownership of an UST system to notify regulated substances or other regulated measures to protect groundwater from the implementing agency within 30 substances identified by implementing contamination. In the additional days of assuming ownership and agencies or include other provisions measures to protect groundwater specifies what notification must determined by the implementing agency provision, states must require either include. However, the SPA regulation to be no less protective of human health secondary containment and interstitial change in § 281.30(c) is much less and the environment than the monitoring for new or replaced tanks prescriptive and indicates that states provisions for demonstrating and piping within 1,000 feet of a potable require owners and operators to ‘‘. . . compatibility. EPA is concerned about drinking water well or community water notify the implementing state agency the compatibility of new and innovative system, or manufacturer and installer 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

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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 In §§ 281.30(a)(1) and 281.33(d)(3) problem in the 1988 SPA regulation. terms. First, EPA is eliminating this method for EPA is adding additional measures to EPA is not requiring safe suction piping, new installations. Second, EPA is tying protect groundwater and is adding airport hydrant system piping, and the date for eliminating this method to operator training requirements in piping associated with field-constructed the effective date of a state’s regulations. subpart C (§§ 281.22(d)(3), 281.30(a), tanks greater than 50,000 gallons in EPA concludes it is better to tie 281.33(c)(2), and 281.39). Delivery capacity to meet the secondary deadlines in the final SPA regulation to prohibition is in subpart D—Adequate containment and interstitial monitoring 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 to require that UST systems have agrees there is variation between the 30 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.

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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 changes to their programs. tanks, EPA is no longer allowing 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 • § 281.10—change subpart to part the commenter and is extending the methods for public notice and statewide • §§ 281.11(c), 281.20(d), 281.21(a)(2), date of compliance for this requirement 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 with EPA’s goal of aligning dates of procedure EPA will follow to withdraw Indian country compliance to the extent possible. approval after the conclusion of the • § 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 • Formerly § 281.38—eliminate EPA is adding a requirement for § 281.61, which explains the procedures reserved section for financial approved states to submit a revised for withdrawing approval, as opposed to responsibility for USTs containing application within three years of final § 281.60, which explains the criteria for hazardous substances SPA regulation changes that require a • withdrawal. program revision under § 281.51. Move § 281.39 to § 281.38—Lender Liability VI. Overview of Estimated Costs and Approved states are required to revise • 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 statewide attention program changes or EPA’s • 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

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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 publish a technical amendment to 40 of the final UST regulation. As to OMB on 11/18/2011 under OMB CFR part 9 in the Federal Register to discussed in the RIA, a substantial number 2050–0068, ICR number display the OMB control number for the portion of the beneficial impacts 1360.11. On 1/30/2012 OMB released a 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. severity of releases. This action is C. Regulatory Flexibility Act OMB is withholding approval at this expected to have annual cost savings time. Prior to publication of the final The Regulatory Flexibility Act related to avoided costs of $310 million rule, the agency should provide a generally requires an agency to prepare (range: $120–$530 million) per year summary of any comments related to a regulatory flexibility analysis of any 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. Small entities include small businesses, regulation’s benefits, including OMB under a new ICR OMB control small organizations, and small avoidance of human health risks, number. governmental jurisdictions. ecological benefits, and mitigation of This action contains mandatory acute exposure events and large-scale For purposes of assessing the impacts information collection requirements. of this final UST regulation on small releases, such as those from airport The labor burden and associated costs hydrant systems and field-constructed entities, a small entity is defined as: (1) for these requirements are estimated in A small business as defined by the tanks. EPA was also unable to place a the ICR supporting statement for this monetary value on the groundwater Small Business Administration’s 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; VII. Statutory and Executive Orders profit enterprise which is independently 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 encourages owners and operators to Executive Order 13563, Improving Regulation revenues. This certification is based on maintain records electronically which and Regulatory Review, Section 3, http:// 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.

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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 options (Options 1 and 2). Despite development. EPA consulted with tribes 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

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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 children’s health. Moreover, because all will represent only a very small fraction Children From Environmental Health regulatory options in this action will of motor fuel prices, even if fully passed Risks and Safety Risks increase regulatory stringency and through to consumers. According to the 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 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 not exposed via shower vapor motor fuel consumed, as reported by: U.S. 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 increased compliance costs, energy use www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/ 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 result, if one motor fuel retailer in an day for all grades of diesel fuel (U.S. Energy Human Services, Public Health Service, Agency for area passes through increases in Information Administration. Petroleum & Other Toxic Substances and Disease Registry, 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.

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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. releases, EPA does not anticipate the Sec. 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 communities or any community. Subpart B—UST Systems: Design, 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 J. Executive Order 12898: Federal 280.21 Upgrading of existing UST systems. 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 Requirements Low-Income Populations 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 copy of the rule, to each House of the corrosion protection. justice. Its main provision directs 280.32 Compatibility. 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. and adverse human health or 280.41 Requirements for petroleum UST List of Subjects systems. environmental effects on minority or 280.42 Requirements for hazardous low-income populations because it 40 CFR Part 280 substance UST systems. 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 characteristics of communities 280.50 Reporting of suspected releases. 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 Environmental protection, 280.53 Reporting and cleanup of spills and regulation to examine whether there is overfills. a statistically significant disparity Administrative practice and procedures, between socioeconomic characteristics Hazardous substances, Petroleum, State Subpart F—Release Response and program approval, Underground storage Corrective Action for UST Systems of populations located near UST Containing Petroleum or Hazardous 124 tanks. facilities and those that are not. As 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 Administrator. 280.62 Initial abatement measures and site 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.

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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 Storage Tanks (Form) to: 280.74 Closure records. 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. except as otherwise provided in 280.100 Use of state-required mechanism. (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. constructed tanks must meet the partially excluded UST systems. 280.110 Reporting by owner or operator. (a) Owners and operators must install 280.111 Recordkeeping. requirements in subpart K of this part. 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] part at installation. corrosion, constructed of non-corrodible 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

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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 underground storage tank system and into which the UST system is placed at underground piping including valves, belowground releases associated with the time of installation. elbows, joints, flanges, and flexible overfills and transfer operations as the Existing tank system means a tank connectors attached to a tank system regulated substance moves to or from an system used to contain an accumulation through which regulated substances underground storage tank. of regulated substances or for which 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

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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- 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

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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 primarily of earthen materials (although specified below: lines directly related to oil or gas it may be lined with man-made (1) The tank is constructed of production and gathering operations; or materials) that is not an injection well. fiberglass-reinforced plastic; or (9) Storage tank situated in an Tank is a stationary device designed Note to paragraph (a)(1). The following underground area (such as a basement, codes of practice may be used to comply with to contain an accumulation of regulated cellar, mineworking, drift, shaft, or substances and constructed of non- paragraph (a)(1) of this section: 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 tank which is described in paragraphs S615, ‘‘Standard for Reinforced Plastic 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 Construction, Installation and belowground release. Note to paragraph (a)(2). The following Notification Underground storage tank or UST codes of practice may be used to comply with 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’’; (C) Underwriters Laboratories of Canada or more beneath the surface of the new UST systems must meet the ground. This term does not include any: S603, ‘‘Standard for Steel Underground 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

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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: (i) Spill prevention equipment that (E) NACE International Standard Practice (2) The piping is constructed of steel SP 0285, ‘‘External Corrosion Control of will prevent release of product to the 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 corrodible material; or 95 percent full; 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: fittings located on top of the tank are Tanks’’; (A) American Petroleum Institute (C) Steel Tank Institute ACT–100–U® exposed to product due to overfilling. Recommended Practice 1632, ‘‘Cathodic (2) Owners and operators are not Specification F961, ‘‘Specification for Protection of Underground Petroleum Storage 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 measures provided that: Networks Associated with Liquid Storage equipment specified in paragraph (i) The tank is installed at a site that and Dispensing Systems’’; (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 (1) The piping is constructed of a non- (B) Petroleum Equipment Institute 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

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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 (ii) Within 10 years after lining, and Standard 631, ‘‘Spill Prevention, Minimum protective of human health and the 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, 11, 2016. lining is no longer performing in Partially Buried, or Submerged Liquid Storage Systems’’; and (1) A dispenser system is considered accordance with original design specifications and cannot be repaired in (D) American Petroleum Institute new when both the dispenser and the 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 underground storage tank system subpart G of this part. the periodic lining inspection requirement of this section: includes check valves, shear valves, (2) Cathodic protection. Tanks upgraded by cathodic protection must (A) American Petroleum Institute unburied risers or flexible connectors, 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 dispenser containment must allow for structurally sound and free of corrosion Practice, ‘‘Recommended Practice for holes prior to installing the cathodic Inspecting Buried Lined Steel Tanks Using a visual inspection and access to the 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).

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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 cathodic protection systems must be (a) After May 8, 1986, an owner must and 280.42. inspected for proper operation by a submit notice of a tank system’s (f) All owners and operators of new qualified cathodic protection tester in existence to the implementing agency UST systems must ensure that the accordance with the following within 30 days of bringing the installer certifies in the notification requirements: underground storage tank system into 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 statement provided in appendix III of protection is adequate as required by or local agency in accordance with the this part, when used on shipping tickets this section must be in accordance with Hazardous and Solid Waste Amendments of a code of practice developed by a 1984, Public Law 98–616, on a form and invoices, may be used to comply 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 regulated underground storage tank operator must ensure that the volume TM0497, ‘‘Measurement Techniques Related available in the tank is greater than the to Criteria for Cathodic Protection on system, except as described in 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. Note to paragraph (a). The transfer SP 0285, ‘‘External Control of Underground (c) In states where state law, procedures described in National Fire Storage Tank Systems by Cathodic regulations, or procedures require Protection Association Standard 385, Protection’’; or ‘‘Standard for Tank Vehicles for Flammable (E) NACE International Standard Practice owners to use forms that differ from SP 0169, ‘‘Control of External Corrosion on those set forth in appendix I and and Combustible Liquids’’ or American Petroleum Institute Recommended Practice Underground or Submerged Metallic Piping appendix II of this part to fulfill the 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 protection, records of the operation of collect the information prescribed in (b) The owner and operator must the cathodic protection must be appendix I and appendix II. report, investigate, and clean up any maintained (in accordance with (d) Owners required to submit notices spills and overfills in accordance with § 280.34) to demonstrate compliance under paragraph (a) or (b) of this section § 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

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(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 substance identified by the agency to be no less protective of human Product Pipelines’’; health and the environment than those implementing agency. In addition, (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 equipment, release detection or Repair’’; Practice R012, ‘‘Recommended Practice for (E) National Leak Prevention Association equipment, spill equipment, and overfill Interstitial Tightness Testing of Existing 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 the Addition of Supplemental Anodes to with Dry Annular Space’’. (i) Certification or listing of UST ® system equipment or components by a STI–P3 Tanks’’; (C) Petroleum Equipment Institute nationally recognized, independent (G) NACE International Standard Practice Recommended Practice RP1200, SP 0285, ‘‘External Control of Underground testing laboratory for use with the ‘‘Recommended Practices for the Testing and 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, (e) Within 6 months following the manufacturer’s approval must be in ‘‘Remanufacturing of Fiberglass Reinforced repair of any cathodically protected writing, indicate an affirmative Plastic (FRP) Underground Storage Tanks’’. 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:

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(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

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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 (iii) Automatic line leak detector: test § 280.21, and the monthly inventory section; or operation to meet criteria in § 280.44(a) control requirements in § 280.43(a) or 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 (iv) Vacuum pumps and pressure paragraph (a)(2) of this section: Petroleum § 280.43(c)) at least every 5 years until gauges: ensure proper communication Equipment Institute Recommended Practice 10 years after the tank was installed; with sensors and controller; and RP 900, ‘‘Recommended Practices for the 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 least every 30 days in accordance with Verification of Spill, Overfill, Leak Detection § 280.34) of operation and maintenance § 280.43(g). walkthrough inspections for one year. and Secondary Containment Equipment at UST Facilities’’. (b) Piping. Underground piping that 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 (a) Owners and operators of UST accordance with § 280.44(a); and the rule with a probability of detection systems must provide a method, or (B) Have an annual line tightness test of 0.95 and a probability of false alarm combination of methods, of release conducted in accordance with of 0.05. detection that: § 280.44(b) or have monthly monitoring (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;

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(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 (5) Product dispensing is metered and (ii) Suction piping must be monitored substances under pressure must be for releases at least every 30 days in recorded within the local standards for equipped with an automatic line leak meter calibration or an accuracy of 6 accordance with § 280.43(g). No release detector in accordance with § 280.44(a). detection is required for suction piping cubic inches for every 5 gallons of (e) For hazardous substance UST product withdrawn; and that meets paragraphs (b)(1)(ii)(A) systems installed on or before October through (E) of this section. (6) The measurement of any water 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 agency that an alternate method can Note to paragraph (a). Practices described substance UST systems must provide 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). implementing agency on effective installed to: (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 (1) Tank liquid level measurements (2) Prevent the release of regulated the characteristics of the UST site; and, are taken at the beginning and ending of substances to the environment at any (3) Obtain approval from the a period using the appropriate time during the operational life of the implementing agency to use the minimum duration of test value in the UST system; and alternate release detection method table below during which no liquid is (3) Be checked for evidence of a before the installation and operation of added to or removed from the tank; release at least every 30 days. the new UST system. (2) Level measurements are based on Note to paragraph (a). The provisions of 40 § 280.43 Methods of release detection for CFR 265.193, Containment and Detection of 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

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(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:

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(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: § 280.50 Reporting of suspected releases. of 0.2 gallon per hour or a release of 150 (a) All written performance claims gallons within 30 days; and Owners and operators of UST systems pertaining to any release detection (3) Use a threshold that does not must report to the implementing agency system used, and the manner in which exceed one-half the minimum detectible within 24 hours, or another reasonable 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 unexplained presence of water in the implementing agency shall consider the hydrogeology, or other relevant tank, or liquid in the interstitial space size of release that the method can technical discipline acceptable to the of secondarily contained systems), detect and the frequency and reliability 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 (1) The results of annual operation § 280.44 Methods of release detection for (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 example, brine filled) is immediately (c) Applicable tank methods. Except release detection equipment removed; and as described in § 280.41(a), any of the permanently located on-site must be methods in § 280.43(e) through (i) may (ii) Any defective system equipment maintained for at least one year after the be used if they are designed to detect a or component is immediately repaired servicing work is completed, or for release from any portion of the or replaced; underground piping that routinely another reasonable time period (3) In the case of inventory control 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

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(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. of initial alarm or cause for suspicion, § 280.60 General. 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 attention by another party. § 280.61 Initial response. 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); (b) Take immediate action to prevent approved by the implementing agency: in the following cases: any further release of the regulated (a) System test. Owners and operators (1) Spill or overfill of petroleum that substance into the environment; and must conduct tests (according to the results in a release to the environment requirements for tightness testing in (c) Identify and mitigate fire, that exceeds 25 gallons or another explosion, and vapor hazards. §§ 280.43(c) and 280.44(b) or, as 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. Note to paragraph (a). Pursuant to §§ 302.6 substance from the UST system as is (2) If the system test confirms a leak necessary to prevent further release to into the interstice or a release, owners and 355.40 of this chapter, a release of a hazardous substance equal to or in excess of the environment; 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

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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 recovery and disposal techniques reasonable period of time determined by (4) The implementing agency requests appropriate to the hydrogeologic the implementing agency, owners and an investigation, based on the potential conditions at the site, and that properly operators must submit a report to the effects of contaminated soil or treats, discharges or disposes of implementing agency summarizing the groundwater on nearby surface water recovery byproducts in compliance with initial abatement steps taken under and groundwater resources. applicable local, state, and federal paragraph (a) of this section and any (b) Owners and operators must submit regulations; resulting information or data. 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 the design of the free product removal (a) Unless directed to do otherwise by schedule established by the system; the implementing agency, owners and implementing agency. operators must assemble information (c) Handle any flammable products in 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 (1) The name of the person(s) (2) Data from available sources and/or groundwater. If a plan is required, responsible for implementing the free site investigations concerning the owners and operators must submit the product removal measures; following factors: Surrounding plan according to a schedule and format (2) The estimated quantity, type, and populations, water quality, use and established by the implementing thickness of free product observed or approximate locations of wells agency. Alternatively, owners and measured in wells, boreholes, and potentially affected by the release, operators may, after fulfilling the excavations; subsurface soil conditions, locations of 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 responsible for submitting a plan that (4) Results of the free product discharge will be located; provides for adequate protection of investigations required under (5) The type of treatment applied to, human health and the environment as § 280.62(a)(6), to be used by owners and and the effluent quality expected from, determined by the implementing operators to determine whether free 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

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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. § 280.70 Temporary closure. corrective action. The required (c) Upon approval of the corrective 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 adverse consequences from cleanup Note to § 280.71. The following cleaning 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 to reach those members of the public equipment. and Procedures for Entering and Cleaning (c) When an UST system is Petroleum Storage Tanks’’; directly affected by the release and the (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, field staff. overfill equipment requirements do not or Repair’’; and have to be met. Owners and operators (F) National Institute for Occupational (b) The implementing agency must 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

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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; (2) By or on behalf of a third party for closure, and indicates no release has § 280.91 Compliance dates. bodily injury or property damage caused occurred. Owners of petroleum underground (b) If contaminated soils, by an accidental release; or storage tanks must comply with the (3) By any person to enforce the terms contaminated groundwater, or free requirements of this subpart. Previously product as a liquid or vapor is of a financial assurance mechanism. deferred UST systems must comply Local government shall have the discovered under paragraph (a) of this with the requirements of this subpart section, or by any other manner, owners meaning given this term by applicable according to the schedule in state law and includes Indian tribes. and operators must begin corrective § 280.251(a). action in accordance with subpart F of The term is generally intended to 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,

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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

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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). statements of the owner or operator, owner or operator, and/or guarantor Underground storage tanks at the and/or guarantor, must be examined by must meet the criteria of paragraph (b) following facilities are assured by this an independent certified public or (c) of this section based on year-end financial test or a financial test under an financial statements for the latest accountant and be accompanied by the authorized State program by this [insert: completed fiscal year. accountant’s report of the examination. ‘‘owner or operator,’’ and/or (b)(1) The owner or operator, and/or (3) The firm’s year-end financial ‘‘guarantor’’]: [List for each facility: the guarantor, must have a tangible net statements cannot include an adverse name and address of the facility where worth of at least ten times: auditor’s opinion, a disclaimer of tanks assured by this financial test are (i) The total of the applicable opinion, or a ‘‘going concern’’ 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.] independent certified public accountant CFR 264.101, 264.143, 264.145, 265.143, A [insert: ‘‘financial test,’’ and/or 265.145, 264.147, and 265.147 or to a stating that: (i) He has compared the data that the ‘‘guarantee’’] is also used by this [insert: state implementing agency under a state letter from the chief financial officer ‘‘owner or operator,’’ or ‘‘guarantor’’] to program authorized by EPA under 40 specifies as having been derived from demonstrate evidence of financial CFR part 271; and the latest year-end financial statements responsibility in the following amounts (iii) The sum of current plugging and of the owner or operator, and/or under other EPA regulations or state abandonment cost estimates for which a guarantor, with the amounts in such programs authorized by EPA under 40 financial test is used to demonstrate financial statements; and CFR parts 271 and 145: 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 of the owner or operator, or guarantor, Corrective Action (§ 264.101(b)) $ll the chief financial officer worded as must sign, within 120 days of the close Plugging and Abandonment (§ 144.63) ...... $ll specified in paragraph (d) of this of each financial reporting year, as Closure ...... $ll section. 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 Letter From Chief Financial Officer ‘‘guarantor’’] has not received an (ii) Report annually the firm’s tangible 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.]

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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 must notify the Director of such failure 3? [Fill in either lines 12–15 2. Amount of corrective action, within 10 days. closure and post-closure care or lines 16–18:] ...... ll 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: ll amount reported on line 3 is line 3? ...... (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 ...... ll 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, with the SEC, the Energy In- Yes No (iii) Is controlled through stock 7. Is line 6 at least $10 million? ll formation Administration, or the Rural Utilities Service? ..... ll 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 the owner or operator; or, 9. Have financial statements for 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? ...... ll reported in lines 4–18 above and the operator and issuing the guarantee as an 10. Have financial statements for financial statements for the latest fiscal act incident to that business the latest fiscal year been filed relationship. with the Energy Information year.] 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? ...... ll 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 [Signature] described in § 280.95(d) and must strength rating of 4A or 5A? deliver the letter to the owner or [Answer ‘‘Yes’’ only if both [Name] 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 owner or operator must obtain guarantee, notice to the owner or plugging and abandonment alternative coverage within 150 days of operator. If the Director of the costs covered by a financial implementing agency notifies the test, and/or guarantee ...... $ll the end of the year for which financial 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 longer meets the financial test owner or operator receives the line 5 from line 4] ...... $ll requirements of § 280.95(b) or (c) and notification, as evidenced by the return 7. Total assets in the U.S. [re- receipt. The owner or operator must quired only if less than 90 per- (d), the owner or operator must obtain cent of assets are located in alternate coverage within 30 days after obtain alternative coverage as specified 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? ll obtain alternate assurance within 150 follows, except that instructions in ll 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? ...... ll test based on the year-end financial deleted:

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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 [Name of guarantor] location] arising from operating the 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

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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 Name: [name of each covered location] period are subject to the terms, 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 Address: [address of each covered I hereby certify that the wording of effective date of said policy is [date]. location] this instrument is identical to the lllllllllllllllllllll 2. The insurance afforded with 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 Policy Number: to transact the business of insurance or lllllllllllllllllllll policy; provided, however, that any 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 [Signature of authorized representative period] 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 insured shall not relieve the [‘‘Insurer’’ [Title of person signing], Authorized lllllllllllllllllllll or ‘‘Group’’] of its obligations under the Representative of [name of Insurer 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. lllllllllllllllllllll 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 lllllllllllllllllllll damaged third-party, with a right of Address: [address of each covered Address of Insured: reimbursement by the insured for any lllllllllllllllllllll location] such payment made by the [‘‘Insurer’’ or lllllllllllllllllllll 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 termination of the insurance by the number provided in the notification Address of [Insurer or Risk Retention [‘‘Insurer’’ or ‘‘Group’’], except for non- submitted pursuant to 40 CFR 280.22, or 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

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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 Performance Bond facility and the name(s) and address(es) [‘‘Insurer’’ or ‘‘Group’’], except for non- 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 Type of organization: [insert and the name and address of the effective only upon written notice and ‘‘individual,’’ ‘‘joint venture,’’ facility.] for [insert: ‘‘taking corrective only after expiration of a minimum of ‘‘partnership,’’ or ‘‘corporation’’] action’’ and/or ‘‘compensating third 10 days after a copy of such written 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): lllllllllllllllllllll accidental releases’’ or ‘‘nonsudden e. The insurance covers claims 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 surety company issuing the bond must where the Surety(ies) are corporations 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,

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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:

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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 or agreement other than a contract or decision not to renew the letter of of Credit No. ll in your favor, at the agreement entered into to meet the credit. Under the terms of the letter of request and for the account of [owner or requirements of 40 CFR 280.93. credit, the 120 days will begin on the operator name] of [address] up to the This letter of credit is effective as of date when the owner or operator aggregate amount of [in words] U.S. [date] and shall expire on [date], but receives the notice, as evidenced by the dollars ($[insert dollar amount]), such expiration date shall be return receipt. 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 successive expiration date, unless, at (a) For underground storage tanks (1) your sight draft, bearing reference least 120 days before the current located in a state that does not have an to this letter of credit, No. ll and expiration date, we notify [owner or approved program, and where the state (2) your signed statement reading as operator] by certified mail that we have requires owners or operators of follows: ‘‘I certify that the amount of the decided not to extend this letter of underground storage tanks to draft is payable pursuant to regulations credit beyond the current expiration demonstrate financial responsibility for issued under authority of Subtitle I of date. In the event that [owner or taking corrective action and/or for the Solid Waste Disposal Act, as operator] is so notified, any unused compensating third parties for bodily 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 drawn on under and in compliance with financial mechanisms specified in this accidental releases’’ or ‘‘accidental the terms of this credit, we shall duly subpart. 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

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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). (a) An owner or operator may satisfy Trust agreement, the ‘‘Agreement,’’ the requirements of § 280.93 for § 280.102 Trust fund. entered into as of [date] by and between [name of the owner or operator], a underground storage tanks located in a (a) An owner or operator may satisfy state, where EPA is administering the [name of state] [insert ‘‘corporation,’’ the requirements of § 280.93 by ‘‘partnership,’’ ‘‘association,’’ or requirements of this subpart, which establishing a trust fund that conforms assures that monies will be available ‘‘proprietorship’’], the ‘‘Grantor,’’ and to the requirements of this section. The [name of corporate trustee], [insert from a state fund or state assurance trustee must be an entity that has the program to cover costs up to the limits ‘‘Incorporated in the state of lll ’’ or authority to act as a trustee and whose ‘‘a national bank’’], the ‘‘Trustee.’’ specified in § 280.93 or otherwise trust operations are regulated and Whereas, the United States assures that such costs will be paid if examined by a federal agency or an Environmental Protection Agency, the Regional Administrator determines agency of the state in which the fund is ‘‘EPA,’’ an agency of the United States that the state’s assurance is at least established. equivalent to the financial mechanisms Government, has established certain (b) The wording of the trust agreement specified in this subpart. regulations applicable to the Grantor, (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 Now, therefore, the Grantor and the notify the state of his determination 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.

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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; Section 7. Commingling and Investment Section 3. Establishment of Fund (e) Bodily injury or property damage for which [insert owner or operator] is The Trustee is expressly authorized in The Grantor and the Trustee hereby obligated to pay damages by reason of its discretion: establish a trust fund, the ‘‘Fund,’’ for the assumption of liability in a contract (a) To transfer from time to time any the benefit of [implementing agency]. or agreement other than a contract or or all of the assets of the Fund to any The Grantor and the Trustee intend that agreement entered into to meet the common, commingled, or collective no third party have access to the Fund requirements of 40 CFR 280.93. 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

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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 of any act or conduct in its official federal or state government; and Section 13. Instructions to the Trustee capacity, including all expenses (e) To compromise or otherwise adjust reasonably incurred in its defense in the all claims in favor of or against the All orders, requests, and instructions event the Grantor fails to provide such Fund. by the Grantor to the Trustee shall be in 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 As used in this Agreement, words in compensation of the Trustee to the by [the Director], and the Trustee shall the singular include the plural and extent not paid directly by the Grantor, act and shall be fully protected in acting words in the plural include the singular. and all other proper charges and in accordance with such orders, The descriptive headings for each disbursements of the Trustee shall be requests, and instructions. The Trustee section of this Agreement shall not paid from the Fund. shall have the right to assume, in the 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 The Trustee shall be entitled to above. an instrument in writing executed by reasonable compensation for its services [Signature of Grantor] 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. implementing agency] if the Grantor [Title] Section 12. Successor Trustee ceases to exist. Attest: [Signature of Trustee] The Trustee may resign or the Grantor Section 15. Irrevocability and [Name of the Trustee] may replace the Trustee, but such 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.

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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 I am the chief financial officer of of said corporation; that the seal affixed municipal bond insurance may not be 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 & Poor’s, the lower rating for each bond bond rating test: [List for each facility: establish one trust fund as the must be used to determine eligibility. the name and address of the facility depository mechanism for all funds where tanks are assured by the bond assured in compliance with this rule. Bonds that are backed by credit enhancement may not be considered in rating test]. § 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

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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. Moody’s or Standard & Poor’s are rated expenditures shall exclude all transfers 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: [Date] bearing warrants. Excludes payments on (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.

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(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 llll chief financial officer worded as of debt. Value includes all general fund a. Local Revenues (from 3c) 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) a. Debt Service (from 4c)llll defined by the twelve-month period for 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 11. Debt Service to Total Revenues Letter From Chief Financial Officer payments on debt, payments for 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 governmental funds including or operator]. This letter is in support of c. Divide 11a by 11bllll enterprise, debt service, capital projects, the use of the local government d. Subtract .068llll financial test to demonstrate financial and special revenues. 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 [insert: ‘‘sudden accidental releases’’ or a. Total Revenues (from 1c)llll ‘‘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 llll [an] underground storage tank[s]. c. Local Revenues (dollars) 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 e. Divide by 9.156llll used to assure any of the tanks at this 5. Total Funds (Dollars)llll (Sum facility, list each tank assured by this of amounts held as cash and investment f. Multiply by 3.270llll securities from all funds, excluding financial test by the tank identification 14. Funds Balance to Total Expenses number provided in the notification amounts held for employee retirement 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 Part II: Application of Test c. Divide 14a by 14bllll received an adverse opinion, or a d. Subtract .866llll disclaimer of opinion from an 7. Total Revenues to Population llll independent auditor on its financial e. Divide by 6.409 a. Total Revenues (from 1c)llll statements for the latest completed f. Multiply by 3.270llll b. Population (from 6)llll fiscal year. Any outstanding issues of 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 f. Multiply by 4.095llll c. Divide 15a by 15bllll 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 llll Standard and Poor’s rating of AAA, AA, e. Divide by 4,548 A, or BBB. a. Total Expenses (from 2c)llll f. Multiply by 1.866llll b. Population (from 6) llll Worksheet for Municipal Financial Test 16. Add 7f + 8f + 9f + 10f + 11f + 12f c. Divide 8a by 8bllll + 13f + 14f + 15f + 4.937llll Part I: Basic Information llll d. Subtract 524 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

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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 the guarantee, notice to the owner or releases’’ or ‘‘nonsudden accidental operator must obtain alternative operator. The guarantee will terminate releases’’ or ‘‘accidental releases’’; if coverage within 150 days of the end of no less than 120 days after the date the coverage is different for different tanks the year for which financial statements owner or operator receives the or locations, indicate the type of have been prepared. notification, as evidenced by the return coverage applicable to each tank or (e) The Director of the implementing receipt. The owner or operator must location] arising from operating the agency may require reports of financial obtain alternative coverage as specified above-identified underground storage condition at any time from the local in § 280.114(e). tank(s) in the amount of [insert dollar 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 owner or operator] has failed to perform § 280.106 Local government guarantee. section. (d) If the guarantor is a state, the local corrective action for releases arising out (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

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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 accordance with the provisions of 40 receipt of such notice by [owner or Recitals operator], as evidenced by the return CFR 280.112, in an amount not to 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

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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 (2) [Local government owner or identified tank(s), or fails to pay an operator], as evidenced by the return operator] owns or operates the following amount agreed to in settlement of a receipt. underground storage tank(s) covered by claim arising from or alleged to arise (8) The guarantor’s obligation does this guarantee: [List the number of tanks from such injury or damage, the not apply to any of the following: at each facility and the name(s) and guarantor, upon written instructions (a) Any obligation of [local address(es) of the facility(ies) where the from the [Director], shall make funds government owner or operator] under a tanks are located. If more than one available to compensate third parties for workers’ compensation, disability instrument is used to assure different bodily injury and property damage in an benefits, or unemployment tanks at any one facility, for each tank amount not to exceed the coverage compensation law or other similar law; covered by this instrument, list the tank limits specified above. (b) Bodily injury to an employee of identification number provided in the (4) Guarantor agrees to notify [owner [insert: local government owner or notification submitted pursuant to 40 or operator] by certified mail of a operator] arising from, and in the course CFR part 280 or the corresponding state voluntary or involuntary proceeding of, employment by [insert: local requirement, and the name and address under Title 11 (Bankruptcy), U.S. Code government owner or operator]; of the facility.] This guarantee satisfies naming guarantor as debtor, within 10 (c) Bodily injury or property damage 40 CFR part 280, subpart H days after commencement of the arising from the ownership, requirements for assuring funding for proceeding. maintenance, use, or entrustment to [insert: ‘‘taking corrective action’’ and/ (5) Guarantor agrees to remain bound others of any aircraft, motor vehicle, or or ‘‘compensating third parties for under this guarantee notwithstanding watercraft; bodily injury and property damage any modification or alteration of any (d) Property damage to any property caused by’’ either ‘‘sudden accidental obligation of [owner or operator] owned, rented, loaned to, in the care, releases’’ or ‘‘nonsudden accidental pursuant to 40 CFR part 280. custody, or control of, or occupied by releases’’ or ‘‘accidental releases’’; if (6) Guarantor agrees to remain bound [insert: local government owner or coverage is different for different tanks under this guarantee for so long as [local operator] that is not the direct result of or locations, indicate the type of government owner or operator] must a release from a petroleum underground coverage applicable to each tank or comply with the applicable financial storage tank; location] arising from operating the responsibility requirements of 40 CFR (e) Bodily damage or property damage above-identified underground storage part 280, subpart H for the above for which [insert: owner or operator] is tank(s) in the amount of [insert: dollar identified tank(s), except that guarantor obligated to pay damages by reason of amount] per occurrence and [insert: may cancel this guarantee by sending the assumption of liability in a contract dollar amount] annual aggregate. notice by certified mail to [owner or or agreement other than a contract or (3) Guarantor guarantees to operator], such cancellation to become agreement entered into to meet the [implementing agency] and to any and effective no earlier than 120 days after requirements of 40 CFR 280.93. all third parties and obliges that: receipt of such notice by [owner or (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];

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(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 Local Government Guarantee Without the guarantor agrees to remain bound to parties for bodily injury and property Standby Trust Made by a Local the terms of this guarantee for all damage in an amount not to exceed the Government charges arising from the release, up to 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 Recitals benefits, or unemployment 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,

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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 ‘‘compensating third parties for bodily requirements of 40 CFR 280.93. (c) The fund is dedicated by state (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 owner or operator] has available government statute, charter, ordinance, shall be available for taking corrective or order to pay for taking corrective bonding authority, approved through action and for compensating third voter referendum, of an amount equal to action and for compensating third parties for bodily injury and property parties for bodily injury and property the difference between the required damage caused by accidental releases amount of coverage and the amount damage caused by accidental releases arising from the operation of petroleum held in the dedicated fund’’ or ‘‘A arising from the operation of petroleum 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:

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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 assurance mechanism specified in [Name] assistance mechanism subject to the [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 compliance with this subpart at any signed insurance policy or risk retention 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

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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 § 280.112 Drawing on financial assurance (Notary) 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 documentation of the required bonding accidental release from an underground establish alternate financial assurance authority, including either the results of storage tank covered by financial within 60 days after receiving notice of a voter referendum (under assurance under this subpart and the cancellation of the guarantee, surety § 280.107(c)(1)), or attestation by the Director determines that the owner or bond, letter of credit, or, as applicable, State Attorney General as specified operator has not satisfied the judgment. other financial assurance mechanism; under § 280.107(c)(2). (c) If the Director of the implementing and (10) A local government owner or agency determines that the amount of (ii) The Director determines or operator using the local government corrective action costs and third-party suspects that a release from an guarantee supported by the local liability claims eligible for payment underground storage tank covered by government fund must maintain a copy under paragraph (b) of this section may the mechanism has occurred and so of the guarantor’s year-end financial exceed the balance of the standby trust notifies the owner or operator or the statements for the most recent fund and the obligation of the provider owner or operator has notified the completed financial reporting year of financial assurance, the first priority Director pursuant to subparts E or F of showing the amount of the fund. for payment shall be corrective action a release from an underground storage (11)(i) An owner or operator using an costs necessary to protect human health tank covered by the mechanism; or assurance mechanism specified in and the environment. The Director shall (2) The conditions of paragraph (b)(1) pay third-party liability claims in the §§ 280.95 through 280.107 must or (b)(2)(i) or (ii) of this section are maintain an updated copy of a order in which the Director receives satisfied. certifications under paragraph (b)(2)(i) certification of financial responsibility (b) The Director of the implementing of this section, and valid court orders worded as follows, except that 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 guarantor under § 280.106(e), the local and the brackets deleted: determination that a release has government guarantee without standby Certification of Financial occurred and immediate or long-term trust, shall make payments as directed Responsibility corrective action for the release is by the Director under the circumstances [Owner or operator] hereby certifies needed, and the owner or operator, after described in § 280.112(a), (b), and (c). that it is in compliance with the 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 An owner or operator is no longer The financial assurance mechanism(s) this part; or used to demonstrate financial required to maintain financial (2) The Director has received either: responsibility under this subpart for an responsibility under subpart H of 40 (i) Certification from the owner or CFR part 280 is (are) as follows: underground storage tank after the tank operator and the third-party liability has been permanently closed or [For each mechanism, list the type of claimant(s) and from attorneys mechanism, name of issuer, mechanism undergoes a change-in-service or, if representing the owner or operator and corrective action is required, after number (if applicable), amount of the third-party liability claimant(s) that coverage, effective period of coverage corrective action has been completed a third-party liability claim should be and the tank has been permanently and whether the mechanism covers paid. The certification must be worded ‘‘taking corrective action’’ and/or closed or undergoes a change-in-service as follows, except that instructions in as required by subpart G of this part. ‘‘compensating third parties for bodily 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

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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 under the terms of the guarantee (d) A holder is a person who, upon assurance to equal the full amount of specified in § 280.96. the effective date of this regulation or in coverage required; or (c) Within 10 days after the future, maintains indicia of (2) Acquire another financial ownership (as defined in § 280.200(c)) commencement of a voluntary or assurance mechanism for the amount by involuntary proceeding under Title 11 primarily to protect a security interest which funds in the standby trust have (as defined in § 280.200(f)(1)) in a (Bankruptcy), U.S. Code, naming a local been reduced. government owner or operator as debtor, petroleum UST or UST system or (b) For purposes of this section, the facility or property on which a the local government owner or operator full amount of coverage required is the must notify the Director of the petroleum UST or UST system is amount of coverage to be provided by located. A holder includes the initial implementing agency by certified mail § 280.93. If a combination of of such commencement and submit the holder (such as a loan originator); any mechanisms was used to provide the subsequent holder (such as a successor- appropriate forms listed in § 280.111(b) assurance funds which were drawn documenting current financial in-interest or subsequent purchaser of 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 ownership indicia primarily to protect a involuntary proceeding under Title 11 § 280.116 Suspension of enforcement. security interest; or a receiver or other (Bankruptcy), U.S. Code, naming a [Reserved] person who acts on behalf or for the guarantor providing a local government Subpart I—Lender Liability benefit of a holder. financial assurance as debtor, such (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

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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

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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 post-foreclosure. 1995 or from the date on which the 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

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(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 (3) Actions that are not participation located), and corrective action costs standards as defined in § 280.200(a), the in management post-foreclosure. A incurred under §§ 280.51 through UST corrective action requirements holder is not considered to be 280.67 or any other costs incurred as a under §§ 280.51 through 280.67, and the participating in the management of an result of reasonable efforts to comply UST financial responsibility UST or UST system or facility or with any other applicable federal, state requirements under §§ 280.90 through property on which the UST or UST or local law or regulation; less any 280.111, provided that, after December system is located when undertaking amounts received by the holder in 6, 1995, the holder is not in control of actions under this part, provided that connection with any partial disposition or does not have responsibility for the the holder does not otherwise of the property and any amounts paid daily operation of the UST or UST participate in the management or daily by the borrower (if not already applied system. operation of the UST or UST system as to the borrower’s obligations) (b) Operating an UST or UST system provided in § 280.210(a) and § 280.230. subsequent to the acquisition of full title after foreclosure. The following Such allowable actions include, but are (or possession in the case of a lease provisions apply to a holder who, not limited to, release detection and financing transaction) pursuant to through foreclosure, as defined in release reporting, release response and foreclosure. In the case of a holder § 280.210(c), acquires a petroleum UST corrective action, temporary or maintaining indicia of ownership or UST system or facility or property on permanent closure of an UST or UST primarily to protect a junior security which a petroleum UST or UST system system, UST upgrading or replacement, interest, fair consideration is the value 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

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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 Not later than October 13, 2018, all (b) Class B operators. Each designated foreclosure within 60 calendar days owners and operators of UST systems Class B operator must either receive after discovery or within 60 calendar must ensure they have designated Class training in accordance with paragraphs days after December 6, 1995, whichever A, Class B, and Class C operators who (b)(1) and (2) of this section or pass a is later, or another reasonable time meet the requirements of this subpart. comparable examination, in accordance 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 § 280.242 Requirements for operator teach the Class B operator, as the conditions under paragraph (b)(2) of training. applicable, about the purpose, methods, this section, the holder must either: UST system owners and operators and function of: (i) Permanently close the UST or UST (i) Operation and maintenance; must ensure Class A, Class B, and Class system in accordance with §§ 280.71 (ii) Spill and overfill prevention; through 280.74, except § 280.72(b); or C operators meet the requirements of (iii) Release detection and related this section. Any individual designated (ii) Temporarily close the UST or UST 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 registration; (c)(1) and (2) of this section; or pass a 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

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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: Airport hydrant fuel distribution Class A, Class B, or Class C operators in Owners and operators of underground system (also called airport hydrant accordance with the requirements of storage tank systems must maintain a system) means an UST system which paragraphs (a), (b), or (c) of this section, list of designated Class A, Class B, and fuels aircraft and operates under high as applicable. Class C operators and maintain records pressure with large diameter piping that verifying that training and retraining, as § 280.243 Timing of operator training. typically terminates into one or more applicable, have been completed, in hydrants (fill stands). The airport (a) An owner and operator must 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

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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’’; (iii) Use an automatic tank gauging § 280.252 Additions, exceptions, and (C) National Leak Prevention Association 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 containment requirements. Owners and Materials Standard G158, ‘‘Standard Guide with a tank tightness test that can detect 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 any damage; remove any liquid or (i) Except as provided in paragraph (a) (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 (2) Methods of release detection for requirements of § 280.20(a)(2)(ii), (iii), operators of field-constructed tanks with piping. Owners and operators of and (iv) for tanks, and § 280.20(b)(2)(ii), a capacity less than or equal to 50,000 underground piping associated with (iii), and (iv) for piping. gallons must meet the release detection (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 leak rate; following alternative methods of release 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.

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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

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Appendix I to Part 280—Notification for Underground Storage Tanks (Forms)

United States OMB Control No. 2050-0068 Environmental Protection Agency Approval expires XX/XX/XX &EPA Washington, DC 20460 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~nEtin u~a~t~io~n~s~h!e!et~sialtilta~c!hledmiJili3i!jr.1iml• substances, and whose volume (including connected underground piping) is 10 3 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, 1986 must submit this notification form to the implementing agency within 30 ground as of October 13, 2015 must submit a one-time notification of 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.

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United States OMB Control No. 2050-0068 Environmental Protection Agency Approval expires XXIXXIXX &EPA Washington, DC 20460 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. Previous editions may be used while supplies last.

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United States OMB Control No. 2050-0068 Environmental Protection Agency Approval expires XXIXXIXX &EPA Washington, DC 20460 Notification For Underground Storage Tanks

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 (check all that apply) 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 (impressed current) D D D D D Coated and Cathodically Protected Steel (sacrificial anodes) D D D D D 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 (check all that apply) 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 Double Walled D D D D D

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions may be used while supplies last.

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United States OMB Control No. 2050-0068 Environmental Protection Agency Approval expires XX/XX/XX &EPA Washington, DC 20460 Notification For Underground Storage Tanks Tank Identification Number Tank No. Tank No. Tank No. Tank No. Tank No.

7. Piping Attributes (check all that apply) 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 (impressed current) D D D D D Cathodically Protected (sacrificial anodes) D D D D D Double Walled D D D D D 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 (check all that apply) 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) (check all that apply) 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

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions may be used while supplies last.

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United States OMB Control No. 2050-0068 Environmental Protection Agency Approval expires XXIXXIXX &EPA Washington, DC 20460 Notification For Underground Storage Tanks Tank Identification Number Tank No. Tank No. Tank No. Tank No. Tank No.

1 0. 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

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. Previous editions mav be used while supplies last.

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United States OMB Control No. 2050-0068 Environmental Protection Agency Approval expires XXIXXIXX &EPA Washington, DC 20460 Notification For Underground Storage Tanks Tank Identification Number Tank No. Tank No. Tank No. ITank No. Tank No. XI. CERTIFICATION OF INSTALLATION (Complete For UST Systems Installed After December 22, 1988 And For Airport Hydrant Distribution Systems And Field-Constructed USTs Installed After October 13, 2015) - Installer Of Tank And Piping (check all that apply) 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 Implementing Agency D D D D D Manufacturer's Installation Checklists Have Been Completed D D D D D Another Method Allowed By Implementing Agency D D D D D

Specify Other Method Here

Signature Of UST Installer Certifying Proper Installation Of UST System

Name Signature Date

Position Company

EPA Form 7530-1 (Rev. 6-2015) Electronic and paper versions acceptable. i

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Appendix II to Part 280—Notification of Ownership for Underground Storage Tanks (Form)

I United States Approval expires XXJXXJXX Environmental Protection Agency &EPA Washington, DC 20460 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 P han 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.

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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 meet for approval by the Administrator programs. A ‘‘partial’’ state program their tanks. Notifications must be made regulates either solely UST systems within 30 days of bringing the tank into use. under section 9004 of the Solid Waste 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 the procedures set out in this part. ‘‘complete’’ state program regulates both UNDERGROUND STORAGE TANK (c) A state may apply for approval petroleum and hazardous substance PROGRAMS under this part at any time after the tanks. 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 approval for petroleum or hazardous 281.20 Program application. § 281.11 General requirements. 281.21 Description of state program. substances in non-Indian country in 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 Subpart C—Criteria for No Less Stringent requirements that are more stringent or new underground storage tanks: more extensive than those required 281.30 New UST system design, (i) New UST systems (design, under this part; or construction, installation, and construction, installation, and notification. (ii) Operating a program with a greater 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; (b) Definitions. (1) The definitions in 281.36 Out-of-service UST systems and (vi) Out-of-service USTs and closure; closure. 40 CFR part 280 apply to this entire part (vii) Release response and corrective except as described below. 281.37 Financial responsibility for UST action; systems containing petroleum. (i) States may use the definitions 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. associated with operator training as program and authority. (b) Final approval. The state must 281.41 Requirements for enforcement described in § 9010 of the Solid Waste demonstrate that its requirements under Disposal Act. authority. each state program element for existing 281.42 Requirements for public (2) For the purposes of this part the 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 Subpart E—Approval Procedures that meets the requirements in 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. Application programs. (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;

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(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 (ii) Underground suction piping that § 281.21 Description of state program. and the appropriate official of the state lead agency. meets § 281.33(d)(2)(ii). 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; General, provided that such counsel has requirements are no less stringent in this area. (2) Whether the state program is more 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 Subpart C—Criteria for No Less § 281.31 Upgrading existing UST systems. 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. agency where employees are located, have requirements that ensure existing 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

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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 temporarily use monthly inventory § 281.32 General operating requirements. stringent than the corresponding federal requirements for release detection, the control (or its equivalent) in In order to be considered no less state must have requirements that at a combination with tightness testing (or stringent than the corresponding federal minimum ensure all UST systems are its equivalent) conducted every five general operating requirements, the state provided with release detection that years for the first 10 years after the tank must have requirements that ensure all conforms to the following: is installed; and 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 provisions determined by the (ii) The piping is designed to allow detection requirements must, at a implementing agency to be no less the contents of the pipe to drain back minimum, be applied at all UST protective of human health and the into the storage tank if the suction is systems immediately, except for UST environment than the provisions for released and is also designed to allow systems previously deferred under demonstrating compatibility; an inspector to immediately determine § 280.10(a)(1). Release detection (d) At the time of upgrade or repair, the integrity of the piping system. requirements must, at a minimum, be be structurally sound and upgraded or (3) Except as provided for in scheduled to be applied to those repaired in a manner that will prevent § 281.30(a)(1) new or replaced previously deferred UST systems as releases due to structural failure or petroleum piping must use interstitial follows: corrosion during their operating lives; monitoring within secondary (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

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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

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(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 § 281.39 Operator training. agreed upon by the implementing 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 (a) Any authorized representative of Title IV of the Federal Rules of Civil available to EPA upon request. the state engaged in compliance Procedure, and assurance by the state 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

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(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. tentative determination; and in the Federal Register and other (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 information obtained from a state and 60 days after the date of publication in after notice of the tentative subject to a claim of confidentiality will the Federal Register in accordance with determination unless insufficient public be treated in accordance with federal paragraph (c)(1) of this section, unless interest is expressed, at which time the regulations in 40 CFR part 2; and significant negative comment opposing Regional Administrator may cancel the (2) Any information that is submitted the proposed revision is received during public hearing. to the state without a claim of the comment period. If significant (f) Within 180 days of receipt of a confidentiality. EPA may make this negative comment is received, EPA complete state program application, the information available to the public must notify the state and within 60 days Administrator must make a final without further notice. after the date of publication, publish in (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 decision takes effect or reverses the under a claim of confidentiality, subject § 281.51 Revision of approved state to the conditions in 40 CFR part 2. programs. decision. (d) Revised state programs that Subpart E—Approval Procedures (a) Either EPA or the approved state receive approval must be codified in the 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 shifted to a new agency or agencies. The § 281.60 Criteria for withdrawal of approval of whether the application is for a of state programs. partial or complete program, as defined state must inform EPA of any proposed The Administrator may withdraw in § 281.12. modifications to its basic statutory or program approval when the Agency (b) Before submitting an application regulatory authority or change in determines that a state no longer has to EPA for approval of a state program, division of responsibility among state adequate regulatory or statutory the state must provide an opportunity agencies. EPA will determine in each authority or is not administering and for public notice and comment in the case whether a revision of the approved enforcing an approved program in development of its underground storage program is required. Approved state accordance with this part. The state tank program. programs must submit a revised must have adequate capability to (c) When EPA receives a state application within three years of any administer and enforce the state program application, EPA will examine changes to this part that requires a program. In evaluating whether such the application and notify the state program revision. 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

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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 exceed 120 days after notice from the state’s transfer plan, EPA must evaluate (1) When EPA begins proceedings to Administrator that the state is not the plan and identify any additional determine whether to withdraw administering and enforcing its program information needed by the federal approval of a state program (either on its in accordance with the requirements of government for program administration. own initiative or in response to a petition from an interested person), this part, EPA will withdraw approval (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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