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Subpart ILender Liability280.200 Definitions.280.210 Participation in management.280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or undergroundstorage tank system is located.280.230 Operating an underground storagetank or underground storage tank system.APPENDIX I TO PART 280NOTIFICATION FORUNDERGROUND STORAGE TANKS (FORM)APPENDIX II TO PART 280LIST OF AGENCIESDESIGNATED TO RECEIVENOTIFICATIONSAPPENDIX III TO PART 280STATEMENT FORSHIPPING TICKETS AND INVOICESAUTHORITY: 42 U.S.C. 6912, 6991, 6991a, 6991b,6991c, 6991d, 6991e, 6991f, 6991g, 6991h.SOURCE: 53 FR 37194, Sept. 23, 1988, unless

otherwise noted.Subpart AProgram Scope and Interim Prohibition 280.10 Applicability.(a) The requirements of this part apply to all owners and operators of an UST system as defined in 280.12 except as otherwise provided in paragraphs(b), (c), and (d)of this section. Any UST system listed in paragraph (c) of this section must meet the requirementsof 280.11.(b) The following UST systems are excluded from the requirements of this part:

(1) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and otherregulated substances.(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the Clean Water Act.(3) Equipment or machinery thatcontains regulated substances for operationalpurposes such as hydraulic lifttanks and electrical equipment tanks.(4) Any UST system whose capacityis 110 gallons or less.(5) Any UST system that contains ade minimis concentration of regulatedsubstances.(6) Any emergency spill or overflowcontainment UST system that is expeditiouslyemptied after use.(c)Deferrals. Subparts B, C, D, E, andG do not apply to any of the followingtypes of UST systems:

(1) Wastewater treatment tank systems;

(2) Any UST systems containing radioactivematerial that are regulatedunder the Atomic Energy Act of 1954(42 U.S.C. 2011 and following);(3) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10CFR part 50, appendix A;(4) Airport hydrant fuel distribution systems; and(5) UST systems with field-constructed tanks.(d)Deferrals. Subpart D does not apply to any UST system that stores fuel solely for use by emergency power generators. 280.11 Interim prohibition for deferredUST systems.

(a)No person may install an UST system listed in 280.10(c) for the purpose of storing regulated substances unless the UST system (whether of single- ordouble-wall construction):

(b)(1) Will prevent releases due to corrosionor structural failure for the operational life of the UST system;

(2) Is cathodically protected against corrosion, constructed of non corrodible material, steel clad with a non corrodible material, or designed in a manner to prevent therelease or threatened release of any stored substance; and

(3) Is constructed or lined with material that is compatible with the stored substance.

(b) Notwithstanding paragraph (a) ofthis section, an UST system withoutcorrosion protection may be installedat a site that is determined by a corrosionexpert not to becorrosive enoughto cause it to have a release due to corrosionduring its operating life. Ownersand operators must maintain recordsthat demonstrate compliance withtherequirements of this paragraph for theremaining life of the tank.

NOTE: The National Association of CorrosionEngineers Standard RP0285, Controlof External Corrosion on Metallic Buried,Partially Buried, or Submerged Liquid StorageSystems, maybe used as guidance forcomplying with paragraph (b) of this section.

280.12 Definitions.

Aboveground release means any release to the surface of the land or tosurface water. This includes, but is notlimited to, releases from the abovegroundportion of anUST system andaboveground releases associated withoverfills and transfer operations as theregulated substance moves to or froman UST system.

Ancillary equipmentmeans any devicesincluding, but not limited to,such devices as piping, fittings, flanges,valves, and pumps used to distribute,meter, or control theflow of regulatedsubstances to and from an UST.

Belowground release means any releaseto the subsurface of the land andto ground water. This includes, but isnot limited to, releases from the belowgroundportions ofan undergroundstorage tank system and belowgroundreleases associated with overfills andtransfer operations as the regulatedsubstance moves to or from anundergroundstorage tank.

Beneath the surface of the groundmeans beneath the ground surface orotherwise covered with earthen materials.

Cathodic protectionis a technique toprevent corrosion of a metal surface bymaking that surface the cathode of anelectrochemical cell. For example, atank system canbe cathodically protectedthrough the application of eithergalvanic anodes or impressed current.

Cathodic protection testermeans a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protectionsystems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must have education and experience in soil resistivity, straycurrent, structure- to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

CERCLAmeans the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

Compatiblemeans the ability of twoor more substances to maintain their

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respective physical and chemical propertiesupon contact with one anotherfor the design life of the tank systemunder conditions likely to be encounteredin the UST.

Connected pipingmeans all undergroundpiping including valves, elbows,joints, flanges, and flexible connectorsattached to a tank system throughwhich regulated substances flow. Forthe purpose of determining how much

piping is connected to any individualUST system, the piping that joins twoUST systems should be allocated equally

between them.

Consumptive usewith respect to heatingoil means consumed on the premises.

Corrosion expertmeans a person who,by reason of thorough knowledge of thephysical sciences and the principles ofengineering and mathematics acquired

by a professional education and relatedpractical experience, is qualified to engagein the practice of corrosion controlon buried or submerged metal pipingsystems and metal tanks. Such a

person must be accredited or certified

as being qualified by the National Associationof Corrosion Engineers or bea registered professional engineer whohas certification or licensing that includeseducation and experience in corrosioncontrol of buried or submergedmetal piping systems and metal tanks.

Dielectric materialmeans a materialthat does not conduct direct electricalcurrent. Dielectric coatings are used toelectrically isolate UST systems fromthe surrounding soils. Dielectric bushingsare used to electrically isolate

portions of the UST system (e.g., tankfrom piping).

Electrical equipmentmeans undergroundequipment that contains dielectricfluid that is necessary for the operationof equipment such as transformersand buried electrical cable.

Excavation zone means the volumecontaining the tank system and backfillmaterial bounded by the groundsurface, walls, and floor of the pit andtrenches into which the UST system is

placed at the time of installation.

Existing tank system means a tanksystem used to contain an accumulationof regulated substances or forwhich installation has commenced on

or before December 22, 1988. Installationis considered to have commencedif:

(a) The owner or operator has obtainedall federal, state, and local approvalsor permits necessary to begin

physical construction of the site or installationof the tank system; and if,

(b)(1) Either a continuous on-sitephysical construction or installationprogram has begun; or,

(2) The owner or operator has enteredinto contractual obligationswhichcannot be cancelled or modified without

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substantial lossfor physical constructionat the site or installation ofthe tank system to be completed withina reasonable time.

Farm tankis a tank located on atract of land devoted to the productionof crops or raising animals, includingfish, and associated residences and improvements.A farm tank must be locatedon the farm property. Farm includesfish hatcheries, rangeland andnurseries with growing operations.

Flow-through process tankis a tankthat forms an integral part of a production

process through which there is asteady, variable, recurring, or intermittentflow of materials during theoperation of the process. Flow-through

process tanks do not include tanksused for the storage of materials priorto their introduction into the production

process or for the storage of finishedproducts or by-products from theproduction process.

Free productrefers to a regulated substancethat is present as a non-aqueous

phase liquid (e.g., liquid not dissolved

in water.)

Gathering lines means any pipeline,equipment, facility, or building used inthe transportation of oil or gas duringoil or gas production or gathering operations.

Hazardous substance UST systemmeans an underground storage tanksystem that contains a hazardous substancedefined in section 101(14) of theComprehensive Environmental Response,Compensation and LiabilityAct of 1980 (but not including any substanceregulated as a hazardous wasteunder subtitle C) or any mixture ofsuch substances and petroleum, and

which is not a petroleum UST system.

Heating oilmeans petroleum that isNo. 1, No. 2, No. 4light, No. 4heavy,No. 5light, No. 5heavy, and No. 6technical grades of fuel oil; other residualfuel oils (including Navy SpecialFuel Oil and Bunker C); and other fuelswhen used as substitutes for one ofthese fuel oils. Heating oil is typicallyused in the operation of heating equipment,

boilers, or furnaces.

Hydraulic lift tankmeans a tank holdinghydraulic fluid for a closed-loopmechanical system that uses compressedair or hydraulic fluid to operate

lifts, elevators, and other similardevices.

Implementing agency means EPA, or,in the case of a state with a programapproved under section 9004 (or pursuantto a memorandum of agreementwith EPA), the designated state orlocal agency responsible for carryingout an approved UST program.

Liquid trap means sumps, well cellars,and other traps used in associationwith oil and gas production, gathering,and extraction operations (includinggas production plants), for the purposeof collecting oil, water, and other liquids.

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These liquid traps may temporarilycollect liquids for subsequentdisposition or reinjection into a productionor pipeline stream, or may collectand separate liquids from a gasstream.

Maintenance means the normal operationalupkeep to prevent an undergroundstorage tank system from releasing

product.

Motor fuelmeans petroleum or a petroleum-based substance that is motorgasoline, aviation gasoline, No. 1 or No.2 diesel fuel, or any grade of gasohol,and is typically used in the operationof a motor engine.

New tank system means a tank systemthat will be used to contain an accumulationof regulated substances andfor which installation has commencedafter December 22, 1988. (See also ExistingTank System.)

Noncommercial purposes with respectto motor fuel means not for resale.

On the premises where storedwith respect

to heating oil means UST systemslocated on the same propertywhere the stored heating oil is used.

Operational life refers to the periodbeginning when installation of thetank system has commenced until thetime the tank system is properlyclosed under Subpart G.

Operatormeans any person in controlof, or having responsibility for, thedaily operation of the UST system.

Overfill release is a release that occurswhen a tank is filled beyond its capacity,resulting in a discharge of the regulated

substance to the environment.

Ownermeans: (a) In the case of an UST system inuse on November 8, 1984, or broughtinto use after that date, any personwho owns an UST system used forstorage,use, or dispensing of regulatedsubstances; and

(b) In the case of any UST system inuse before November 8, 1984, but nolonger in use on that date, any personwho owned such UST immediately beforethediscontinuation of its use.

Person means an individual, trust,firm, joint stock company, Federalagency, corporation, state, municipality,commission, political subdivisionof a state, or anyinterstate body.Person also includes a consortium, ajoint venture, a commercial entity, andthe United States Government.

Petroleum UST system means an undergroundstorage tank system thatcontains petroleum or a mixture of petroleumwith de minimis quantities ofother regulatedsubstances. Such systemsinclude those containing motorfuels, jet fuels, distillate fuel oils, residualfuel oils, lubricants, petroleumsolvents, and used oils.

Pipe orPipingmeans a hollow cylinderor tubular conduit that is constructedof non-earthen materials.

Pipeline facilities (including gatheringlines) are new and existing pipe rightsof-way and any associated equipment,facilities, or buildings.

Regulated substance means:

(a) Any substance defined in section101(14) of the Comprehensive EnvironmentalResponse, Compensation andLiability Act (CERCLA) of 1980 (butnot including anysubstance regulatedas a hazardous waste under subtitle C),and

(b) Petroleum, including crude oil orany fraction thereof that is liquid atstandard conditions of temperature andpressure (60 degrees Fahrenheit and14.7 pounds persquare inch absolute).The term regulated substance includesbut is not limited to petroleumand petroleum-based substances comprisedof a complex blend ofhydrocarbonsderived from crude oil thoughprocesses of separation, conversion, upgrading,and finishing, such as motorfuels, jet fuels, distillate fuel oils, residualfueloils, lubricants, petroleumsolvents, and used oils.

Release means any spilling, leaking,emitting, discharging, escaping, leachingor disposing from an UST intoground water, surface water or subsurfacesoils.

Release detection means determiningwhether a release of a regulated substancehas occurred from the UST systeminto the environment or into theinterstitial spacebetween the UST systemand its secondary barrier or secondarycontainment around it.

Repairmeans to restore a tank orUST system component that hascaused a release of product from theUST system.

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Residential tankis a tank located onproperty used primarily for dwellingpurposes.

SARA means the Superfund Amendmentsand Reauthorization Act of 1986.

Septic tankis a water-tight coveredreceptacle designed to receive or process,through liquid separation or biologicaldigestion, the sewage dischargedfrom a buildingsewer. The effluentfrom such receptacle is distributedfor disposal through the soil andsettled solids and scum from the tankare pumped out periodically and hauledto atreatment facility.

Storm-water or wastewater collection system means piping, pumps, conduits,and any other equipment necessary tocollect and transport the flow of surfacewater run-offresulting from precipitation,or domestic, commercial, orindustrial wastewater to and from retentionareas or any areas where treatmentis designated to occur. Thecollectionof storm water and wastewaterdoes not include treatment exceptwhere incidental to conveyance.

Surface impoundmentis a naturaltopographic depression, man-made excavation,or diked area formed primarilyof earthen materials (althoughit may be lined with man-made materials)that is not an injection well.

Tankis a stationary device designedto contain an accumulation of regulatedsubstances and constructed ofnon-earthen materials (e.g., concrete,steel, plastic) that providestructuralsupport.

Underground area means an undergroundroom, such as a basement, cellar,shaft or vault, providing enoughspace for physical inspection of the exteriorof the tanksituated on or abovethe surface of the floor.

Underground release means any belowgroundrelease.

Underground storage tankorUSTmeans any one or combination of tanks(including underground pipes connectedthereto) that is used to containan accumulation ofregulated substances,and the volume of which (includingthe volume of undergroundpipes connected thereto) is 10 percentor more beneath the surface of theground.This term does not include any:

(a) Farm or residential tank of 1,100gallons or less capacity used for storingmotor fuel for noncommercial purposes;

(b) Tank used for storing heating oil for consumptive use on the premises where stored;

(c) Septic tank;

(d) Pipeline facility (including gatheringlines) regulated under:

(1) The Natural Gas Pipeline SafetyAct of 1968 (49 U.S.C. App. 1671, et seq.),Or

(2) The Hazardous Liquid PipelineSafety Act of 1979 (49 U.S.C. App. 2001,et seq.), or

(3) Which is an intrastate pipeline facilityregulated under state laws comparableto the provisions of the law referredto in paragraph (d)(1) or (d)(2) ofthis definition;

(e) Surface impoundment, pit, pond,or lagoon;

(f) Storm-water or wastewater collectionsystem;

(g) Flow-through process tank;

(h) Liquid trap or associated gatheringlines directly related to oil or gasproduction and gathering operations;or

(i) Storage tank situated in an undergroundarea (such as a basement, cellar,mineworking, drift, shaft, or tunnel)if the storage tank is situatedupon or above the surface ofthe floor.The term underground storage tankor UST does not include any pipesconnected to any tank which is describedin paragraphs (a) through (i) ofthisdefinition.

Upgrade means the addition or retrofitof some systems such as cathodicprotection, lining, or spill and overfillcontrols to improve the ability of anunderground storagetank system toprevent the release of product.

UST system orTank system means anunderground storage tank, connectedunderground piping, underground ancillaryequipment, and containmentsystem, if any.

Wastewater treatment tankmeans atank that is designed to receive andtreat an influent wastewater throughphysical, chemical, or biological methods.

Subpart BUST Systems: Design,Construction, Installation andNotification

280.20 Performance standards fornew UST systems.In order to prevent releases due tostructural failure, corrosion, or spillsand overfills for as long as the USTsystem is used to store regulated substances,all owners and operators ofnew UST systems must meet the followingrequirements.

(a) Tanks. Each tank must be properlydesigned and constructed, and any

portion underground that routinelycontains product must be protected

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from corrosion, in accordance with acode of practice developed by a nationallyrecognized association or independenttesting laboratory as specified

below:

(1) The tank is constructed of fiberglass-reinforced plastic; or

NOTE: The following industry codes may beused to comply with paragraph (a)(1) of thissection: Underwriters Laboratories Standard1316, Standard for Glass- Fiber-Reinforced

Plastic Underground Storage Tanks for PetroleumProducts; Underwriters Laboratoriesof Canada CAN4S615M83, Standardfor Reinforced Plastic Underground Tanksfor Petroleum Products; or American Societyof Testing and Materials Standard D402186, Standard Specification for Glass-Fiber-Reinforced Polyester Underground PetroleumStorage Tanks.

(2) The tank is constructed of steeland cathodically protected in the followingmanner:(i) The tank is coatedwith a suitabledielectric material;(ii) Field-installed cathodic protectionsystems are designed by a corrosionexpert;

(iii) Impressed current systems aredesigned to allow determination of currentoperating status as required in 280.31(c); and

(iv) Cathodic protection systems areoperated and maintained in accordancewith 280.31 or according to guidelinesestablished by the implementing agency;or

NOTE: The following codes and standardsmay be used to comply with paragraph (a)(2)of this section:

(A) Steel Tank Institute Specification forSTI-P3 System of External Corrosion Protection

of Underground Steel Storage Tanks;

(B) Underwriters Laboratories Standard1746, Corrosion Protection Systems for UndergroundStorage Tanks;

(C) Underwriters Laboratories of CanadaCAN4S603M85, Standard for Steel UndergroundTanks for Flammable and CombustibleLiquids, and CAN4G03.1M85,Standard for Galvanic Corrosion ProtectionSystems for Underground Tanks for Flammableand Combustible Liquids, and CAN4S631M84, Isolating Bushings for Steel UndergroundTanks Protected with Coatingsand Galvanic Systems; or

(D) National Association of Corrosion EngineersStandard RP0285, Control of External

Corrosion on Metallic Buried, PartiallyBuried, or Submerged Liquid StorageSystems, and Underwriters LaboratoriesStandard 58, Standard for Steel UndergroundTanks for Flammable and CombustibleLiquids.

(3) The tank is constructed of a steelfiberglass-reinforced-plastic composite;or

NOTE: The following industry codes may beused to comply with paragraph (a)(3) of thissection: Underwriters Laboratories Standard1746, Corrosion Protection Systems for UndergroundStorage Tanks, or the Associationfor Composite Tanks ACT100, Specificationfor the Fabrication of FRP Clad UndergroundStorage Tanks.

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(4) The tank is constructed of metalwithout additional corrosion protectionmeasures provided that:

(i) The tank is installed at a site thatis determined by a corrosion expert notto be corrosive enough to cause it tohave a release due to corrosion duringits operating life; and

(ii) Owners and operators maintainrecords that demonstrate compliance

with the requirements of paragraphs(a)(4)(i) for the remaining life of thetank; or

(5) The tank construction and corrosionprotection are determined by theimplementing agency to be designed to

prevent the release or threatened releaseof any stored regulated substancein a manner that is no less protectiveof human health and the environmentthan paragraphs (a) (1) through (4) ofthis section.

(b)Piping. The piping that routinelycontains regulated substances and is incontact with the ground must be properly

designed, constructed, and protectedfrom corrosion in accordancewith a code of practice developed by anationally recognized association orindependent testing laboratory as specified

below:

(1) The piping is constructed of fiberglass-reinforced plastic; or

NOTE: The following codes and standardsmay be used to comply with paragraph (b)(1)of this section:

(A) Underwriters Laboratories Subject 971,UL Listed Non-Metal Pipe;

(B) Underwriters Laboratories Standard

567, Pipe Connectors for Flammable andCombustible and LP Gas;

(C) Underwriters Laboratories of CanadaGuide ULC107, Glass Fiber ReinforcedPlastic Pipe and Fittings for FlammableLiquids; and

(D) Underwriters Laboratories of CanadaStandard CAN 4S633M81, Flexible UndergroundHose Connectors.

(2) The piping is constructed of steeland cathodically protected in the followingmanner:

(i) The piping is coated with a suitabledielectric material;

(ii) Field-installed cathodic protectionsystems are designed by a corrosionexpert;

(iii) Impressed current systems aredesigned to allow determination of currentoperating status as required in 280.31(c); and

(iv) Cathodic protection systems areoperated and maintained in accordancewith 280.31 or guidelines established

by the implementing agency; orNOTE: The following codes and standardsmay be used to comply with paragraph (b)(2)of this section:

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(A) National Fire Protection AssociationStandard 30, Flammable and CombustibleLiquids Code;

(B) American Petroleum Institute Publication1615, Installation of Underground PetroleumStorage Systems;(C) American Petroleum Institute Publication1632, Cathodic Protection of UndergroundPetroleum Storage Tanks and PipingSystems; and

(D) National Association of Corrosion EngineersStandard RP0169, Control of ExternalCorrosion on Submerged Metallic PipingSystems.

(3) The piping is constructed of metalwithout additional corrosion protectionmeasures provided that:

(i) The piping is installed at a sitethat is determined by a corrosion expertto not be corrosive enough tocause it to have a release due to corrosionduring its operating life; and

(ii) Owners and operators maintainrecords that demonstrate compliancewith the requirements of paragraph(b)(3)(i) of this section for the remaining

life of the piping; or

NOTE: National Fire Protection AssociationStandard 30, Flammable and CombustibleLiquids Code; and National Associationof Corrosion Engineers Standard RP0169, Control of External Corrosion on SubmergedMetallic Piping Systems, may beused to comply with paragraph (b)(3) of thissection.

(4) The piping construction and corrosionprotection are determined bythe implementing agency to be designedto prevent the release or threatenedrelease of any stored regulatedsubstance in a manner that is no less

protective of human health and the environmentthan the requirements in

paragraphs (b) (1) through (3) of thissection.

(c) Spill and overfill prevention equipment.(1) Except as provided in paragraph(c)(2) of this section, to preventspilling and overfilling associated with

product transfer to the UST system,owners and operators must use the followingspill and overfill preventionequipment:

(i) Spill prevention equipment thatwill prevent release of product to theenvironment when the transfer hose isdetached from the fill pipe (for example,a spill catchment basin); and

(ii) Overfill prevention equipmentthat will:

(A) Automatically shut off flow intothe tank when the tank is no morethan 95 percent full; or

(B) Alert the transfer operator whenthe tank is no more than 90 percentfull by restricting the flow into thetank or triggering a high-level alarm;or

(C) Restrict flow 30 minutes prior tooverfilling, alert the operator with a

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high level alarm one minute beforeoverfilling, or automatically shut offflow into the tank so that none of thefittings located on top of the tank areexposed to product due to overfilling.

(2) Owners and operators are not requiredto use the spill and overfill preventionequipment specified in paragraph(c)(1) of this section if:

(i) Alternative equipment is usedthat is determined by the implementingagency to be no less protectiveof human health and the environmentthan the equipment specified in

paragraph (c)(1) (i) or (ii) of this section;or

(ii) The UST system is filled bytransfers of no more than 25 gallons atone time.

(d)Installation. All tanks and pipingmust be properly installed in accordancewith a code of practice developed

by a nationally recognized associationor independent testing laboratory andin accordance with the manufacturersinstructions.

NOTE: Tank and piping system installationpractices and procedures described in the followingcodes may be used to comply with therequirements of paragraph (d) of this section:(i) American Petroleum Institute Publication1615, Installation of Underground PetroleumStorage System; or

(ii) Petroleum Equipment Institute PublicationRP100, Recommended Practices forInstallation of Underground Liquid StorageSystems; or

(iii) American National Standards InstituteStandard B31.3, Petroleum RefineryPiping, and American National StandardsInstitute Standard B31.4 Liquid PetroleumTransportation Piping System.

(e) Certification of installation. Allowners and operators must ensure thatone or more of the following methodsof certification, testing, or inspectionis used to demonstrate compliancewith paragraph (d) of this section by

providing a certification of complianceon the UST notification form in accordancewith 280.22.

(1) The installer has been certified bythe tank and piping manufacturers; or

(2) The installer has been certified orlicensed by the implementing agency;or

(3) The installation has been inspectedand certified by a registered

professional engineer with educationand experience in UST system installation;or

(4) The installation has been inspectedand approved by the implementingagency; or

(5) All work listed in the manufacturersinstallation checklists has beencompleted; or

(6) The owner and operator have compliedwith another method for ensuring

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compliance with paragraph (d) of thissection that is determined by the implementingagency to be no less protectiveof human health and the environment.[53 FR 37194, Sept. 23, 1988, as amended at 56FR 38344, Aug. 13, 1991]

280.21 Upgrading of existing USTsystems.

(a)Alternatives allowed.Not laterthan December 22, 1998, all existingUST systems must comply with one of

the following requirements:

(1) New UST system performancestandards under 280.20;

(2) The upgrading requirements inparagraphs (b) through (d) of this section;or

(3) Closure requirements under subpartG of this part, including applicablerequirements for corrective actionunder subpart F.

(b) Tank upgrading requirements. Steeltanks must be upgraded to meet one ofthe following requirements in accordance

with a code of practice developedby a nationally recognized associationor independent testing laboratory:

(1)Interior lining. A tank may be upgradedby internal lining if:

(i) The lining is installed in accordancewith the requirements of 280.33,and

(ii) Within 10 years after lining, andevery 5 years thereafter, the lined tankis internally inspected and found to bestructurally sound with the lining still

performing in accordance with originaldesign specifications.

(2) Cathodic protection. A tank may beupgraded by cathodic protection if thecathodic protection system meets therequirements of 280.20(a)(2) (ii), (iii),and (iv) and the integrity of the tank isensured using one of the followingmethods:

(i) The tank is internally inspectedand assessed to ensure that the tank isstructurally sound and free of corrosionholes prior to installing the cathodic

protection system; or

(ii) The tank has been installed forless than 10 years and is monitoredmonthly for releases in accordancewith 280.43 (d) through (h); or

(iii) The tank has been installed forless than 10 years and is assessed forcorrosion holes by conducting two (2)tightness tests that meet the requirementsof 280.43(c). The first tightnesstest must be conducted prior to installingthe cathodic protection system.The second tightness test must be conducted

between three (3) and six (6)months following the first operation ofthe cathodic protection system; or

(iv) The tank is assessed for corrosionholes by a method that is determined

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by the implementing agency toprevent releases in a manner that is noless protective of human health andthe environment than paragraphs (b)(2)

(i) through (iii) of this section.(ii)

(3)Internal lining combined with cathodicprotection. A tank may be upgradedby both internal lining and cathodicprotection if:(i) The lining is installed in accordancewith the requirements of 280.33;and(ii) The cathodic protection systemmeets the requirements of 280.20(a)(2)(ii), (iii), and (iv).

NOTE: The following codes and standardsmay be used to comply with this section:(A) American Petroleum Institute Publication1631, Recommended Practice for the InteriorLining of Existing Steel UndergroundStorage Tanks;

(B) National Leak Prevention AssociationStandard 631, Spill Prevention, Minimum 10Year Life Extension of Existing Steel UndergroundTanks by Lining Without the Additionof Cathodic Protection;

(C) National Association of Corrosion EngineersStandard RP0285, Control of External

Corrosion on Metallic Buried, PartiallyBuried, or Submerged Liquid Storage Systems;And

(D) American Petroleum Institute Publication1632, Cathodic Protection of UndergroundPetroleum Storage Tanks and PipingSystems.

(c)Piping upgrading requirements.Metal piping that routinely containsregulated substances and is in contactwith the ground must be cathodically

protected in accordance with a code ofpractice developed by a nationally recognizedassociation or independenttesting laboratory and must meet therequirements of 280.20(b)(2) (ii), (iii),

and (iv).

NOTE: The codes and standards listed in thenote following 280.20(b)(2) may be used tocomply with this requirement.

(d) Spill and overfill prevention equipment.To prevent spilling and overfillingassociated with product transferto the UST system, all existing USTsystems must comply with new USTsystem spill and overfill preventionequipment requirements specified in 280.20(c).

280.22 Notification requirements.

(a) Any owner who brings an underground

storage tank system into useafter May 8, 1986, must within 30 daysof bringing such tank into use, submit,in the form prescribed in appendix I ofthis part, a notice of existence of suchtank system to the state or local agencyor department designated in appendixII of this part to receive such notice.NOTE: Owners and operators of UST systemsthat were in the ground on or after May8, 1986, unless taken out of operation on orbefore January 1, 1974, were required to notifythe designated state or local agency inaccordance with the Hazardous and SolidWaste Amendments of 1984, Pub. L. 98616, ona form published by EPA on November 8, 1985(50 FR 46602) unless notice was given pursuant

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to section 103(c) of CERCLA. Owners andoperators who have not complied with thenotification requirements may use portions Ithrough VI of the notification form containedin appendix I of this part.

(b) In states where state law, regulations,or procedures require owners touse forms that differ from those setforth in appendix I of this part to fulfillthe requirements of this section, thestate forms may be submitted in lieu ofthe forms set forth in Appendix I of

this part. If a state requires that itsform be used in lieu of the form presentedin this regulation, such formmust meet the requirements of section9002.

(c) Owners required to submit noticesunder paragraph (a) of this sectionmust provide notices to the appropriateagencies or departments identifiedin appendix II of this part for eachtank they own. Owners may providenotice for several tanks using one notificationform, but owners who owntanks located at more than one placeof operation must file a separate notificationform for each separate place ofoperation.

(d) Notices required to be submittedunder paragraph (a) of this sectionmust provide all of the information insections I through VI of the prescribedform (or appropriate state form) foreach tank for which notice must begiven. Notices for tanks installed afterDecember 22, 1988 must also provide allof the information in section VII of the

prescribed form (or appropriate stateform) for each tank for which noticemust be given.

(e) All owners and operators of newUST systems must certify in the notificationform compliance with the following

requirements:

(1) Installation of tanks and pipingunder 280.20(e);

(2) Cathodic protection of steel tanksand piping under 280.20 (a) and (b);

(3) Financial responsibility undersubpart H of this part; and

(4) Release detection under 280.41and 280.42.

(f) All owners and operators of newUST systems must ensure that the installercertifies in the notification

form that the methods used to installthe tanks and piping complies with therequirements in 280.20(d).

(g) Beginning October 24, 1988, anyperson who sells a tank intended to beused as an underground storage tankmust notify the purchaser of such tankof the owners notification obligationsunder paragraph (a) of this section. Theform provided in appendix III of this

part may be used to comply with thisrequirement.

Subpart CGeneral OperatingRequirements

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280.30 Spill and overfill control.(a) Owners and operators must ensurethat releases due to spilling or overfillingdo not occur. The owner and operatormust ensure that the volumeavailable in the tank is greater thanthe volume of product to be transferredto the tank before the transfer is madeand that the transfer operation is monitoredconstantly to prevent overfillingand spilling.

NOTE: The transfer procedures described inNational Fire Protection Association Publication385 may be used to comply with paragraph(a) of this section. Further guidanceon spill and overfill prevention appears inAmerican Petroleum Institute Publication1621, Recommended Practice for Bulk LiquidStock Control at Retail Outlets, andNational Fire Protection Association Standard30, Flammable and Combustible LiquidsCode.

(b) The owner and operator must report,investigate, and clean up anyspills and overfills in accordance with 280.53.

280.31 Operation and maintenance of

corrosion protection.

All owners and operators of steelUST systems with corrosion protectionmust comply with the following requirementsto ensure that releases dueto corrosion are prevented for as longas the UST system is used to store regulatedsubstances:

(a) All corrosion protection systemsmust be operated and maintained tocontinuously provide corrosion protectionto the metal components of that

portion of the tank and piping thatroutinely contain regulated substancesand are in contact with the ground.

(b) All UST systems equipped withcathodic protection systems must beinspected for proper operation by aqualified cathodic protection tester inaccordance with the following requirements:

(1)Frequency. All cathodic protectionsystems must be tested within 6months of installation and at leastevery 3 years thereafter or according toanother reasonable time frame established

by the implementing agency;and

(2)Inspection criteria. The criteriathat are used to determine that cathodic

protection is adequate as requiredby this section must be in accordancewith a code of practice developed

by a nationally recognized association.

NOTE: National Association of CorrosionEngineers Standard RP0285, Control ofExternal Corrosion on Metallic Buried, PartiallyBuried, or Submerged Liquid StorageSystems, may be used to comply with paragraph(b)(2) of this section.

(c) UST systems with impressed currentcathodic protection systems mustalso be inspected every 60 days to ensurethe equipment is running properly.

(d) For UST systems using cathodic

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protection, records of the operation ofthe cathodic protection must be maintained(in accordance with 280.34) todemonstrate compliance with the performancestandards in this section.These records must provide the following:

(1) The results of the last three inspectionsrequired in paragraph (c) ofthis section; and

(2) The results of testing from thelast two inspections required in paragraph

(b) of this section.

280.32 Compatibility.

Owners and operators must use anUST system made of or lined with materialsthat are compatible with thesubstance stored in the UST system.

NOTE: Owners and operators storing alcoholblends may use the following codes tocomply with the requirements of this section:

(a) American Petroleum Institute Publication1626, Storing and Handling Ethanol andGasoline-Ethanol Blends at Distribution Terminalsand Service Stations; and

(b) American Petroleum Institute Publication1627, Storage and Handling of Gasoline-Methanol/Cosolvent Blends at DistributionTerminals and Service Stations.

280.33 Repairs allowed.

Owners and operators of UST systemsmust ensure that repairs will preventreleases due to structural failureor corrosion as long as the UST systemis used to store regulated substances.The repairs must meet the followingrequirements:

(a) Repairs to UST systems must beproperly conducted in accordance with

a code of practice developed by a nationallyrecognized association or anindependent testing laboratory.

NOTE: The following codes and standardsmay be used to comply with paragraph (a) ofthis section: National Fire Protection AssociationStandard 30, Flammable and CombustibleLiquids Code; American PetroleumInstitute Publication 2200, Repairing CrudeOil, Liquified Petroleum Gas, and ProductPipelines; American Petroleum InstitutePublication 1631, Recommended Practicefor the Interior Lining of Existing Steel UndergroundStorage Tanks; and NationalLeak Prevention Association Standard 631,Spill Prevention, Minimum 10 Year Life Extensionof Existing Steel Underground Tanksby Lining Without the Addition of Cathodic

Protection.

(b) Repairs to fiberglass-reinforcedplastic tanks may be made by the manufacturersauthorized representativesor in accordance with a code of practicedeveloped by a nationally recognizedassociation or an independenttesting laboratory.

(c) Metal pipe sections and fittingsthat have released product as a resultof corrosion or other damage must bereplaced. Fiberglass pipes and fittingsmay be repaired in accordance with themanufacturers specifications.

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(d) Repaired tanks and piping mustbe tightness tested in accordance with 280.43(c) and 280.44(b) within 30 daysfollowing the date of the completion ofthe repair except as provided in paragraphs(d) (1) through (3), of this section:

(1) The repaired tank is internally inspectedin accordance with a code of

practice developed by a nationally recognizedassociation or an independenttesting laboratory; or

(2) The repaired portion of the USTsystem is monitored monthly for releasesin accordance with a methodspecified in 280.43 (d) through (h); or

(3) Another test method is used thatis determined by the implementingagency to be no less protective ofhuman health and the environmentthan those listed above.

(e) Within 6 months following the repairof any cathodically protected USTsystem, the cathodic protection systemmust be tested in accordance with 280.31 (b) and (c) to ensure that it isoperating properly.

(f) UST system owners and operatorsmust maintain records of each repairfor the remaining operating life of theUST system that demonstrate compliancewith the requirements of this section.

280.34 Reporting and recordkeeping.

Owners and operators of UST systemsmust cooperate fully with inspections,monitoring and testing conducted

by the implementing agency, aswell as requests for document submission,testing, and monitoring by theowner or operator pursuant to section9005 of Subtitle I of the Resource Conservation

and Recovery Act, as amended.

(a)Reporting. Owners and operatorsmust submit the following informationto the implementing agency:

(1) Notification for all UST systems( 280.22), which includes certificationof installation for new UST systems( 280.20(e)),

(2) Reports of all releases includingsuspected releases ( 280.50), spills andoverfills ( 280.53), and confirmed releases( 280.61);

(3) Corrective actions planned or

taken including initial abatementmeasures ( 280.62), initial site characterization( 280.63), free product removal( 280.64), investigation of soiland ground-water cleanup ( 280.65), andcorrective action plan ( 280.66); and

(4) A notification before permanentclosure or change-in-service ( 280.71).

(b)Recordkeeping. Owners and operatorsmust maintain the following information:

(1) A corrosion experts analysis ofsite corrosion potential if corrosion

protection equipment is not used( 280.20(a)(4); 280.20(b)(3)).

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(2) Documentation of operation ofcorrosion protection equipment( 280.31);

(3) Documentation of UST system repairs( 280.33(f));

(4) Recent compliance with releasedetection requirements ( 280.45); and

(5) Results of the site investigationconducted at permanent closure( 280.74).

(c)Availability and Maintenance ofRecords. Owners and operators mustkeep the records required either:

(1) At the UST site and immediatelyavailable for inspection by the implementingagency; or

(2) At a readily available alternativesite and be provided for inspection tothe implementing agency upon request.

(3) In the case of permanent closurerecords required under 280.74, ownersand operators are also provided with

the additional alternative of mailingclosure records to the implementingagency if they cannot be kept at thesite or an alternative site as indicatedabove.

Subpart DRelease Detection

280.40 General requirements for allUST systems.

(a) Owners and operators of new andexisting UST systems must provide amethod, or combination of methods, ofrelease detection that:

(1) Can detect a release from any portionof the tank and the connected undergroundpiping that routinely containsproduct;

(2) Is installed, calibrated, operated,and maintained in accordance with themanufacturers instructions, includingroutine maintenance and servicechecks for operability or running condition;and

(3) Meets the performance requirementsin 280.43 or 280.44, with any performanceclaims and their manner ofdetermination described in writing bythe equipment manufacturer or installer.In addition, methods used afterthe date shown in the following tablecorresponding with the specified methodexcept for methods permanently installed

prior to that date, must be capableof detecting the leak rate orquantity specified for that method inthe corresponding section of the rule(also shown in the table) with a probabilityof detection (Pd) of 0.95 and a

probability of false alarm (Pfa) of 0.05.Method Section Date after which Pd/Pfa

must be demonstrated

Manual Tank

Gauging.

280.43(b) December 22, 1990.

Tank Tightness

Testing.

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280.43(c) December 22, 1990.

Automatic Tank

Gauging.

280.43(d) December 22, 1990.

Automatic Line

Leak Detectors.

280.44(a) September 22, 1991.

Line Tightness

Testing.

280.44(b) December 22, 1990.

(b) When a release detection methodoperated in accordance with the performancestandards in 280.43 and

280.44 indicates a release may have occurred,owners and operators must notifythe implementing agency in accordancewith subpart E.

(c) Owners and operators of all USTsystems must comply with the releasedetection requirements of this subpart

by December 22 of the year listed in thefollowing table:SCHEDULE FOR PHASE-IN OF RELEASE

DETECTIONYear system

was installed

Year when release detection is required (by

December 22 of the year indicated)

1989 1990 1991 1992 1993

Before 1965

or date

unknown.

RD P

196569 .... P/RD

197074 .... P RD

197579 .... P RD

198088 .... P RD

New tanks (after December 22) immediately upon installation.

P=Must begin release detection for all pressurized piping as

defined in 280.41(b)(1).

RD=Must begin release detection for tanks and suction piping

in accordance with 280.41(a), 280.41(b)(2), and

280.42.

(d) Any existing UST system thatcannot apply a method of release detectionthat complies with the requirementsof this subpart must completethe closure procedures in subpart G bythe date on which release detection is

required for that UST system underparagraph (c) of this section.[53 FR 37194, Sept. 23, 1988, as amended at 55FR 17753, Apr. 27, 1990; 55 FR 23738, June 12,1990; 56 FR 26, Jan. 2, 1991]

280.41 Requirements for petroleumUST systems.

Owners and operators of petroleumUST systems must provide release detectionfor tanks and piping as follows:

(a) Tanks. Tanks must be monitoredat least every 30 days for releases usingone of the methods listed in 280.43 (d)through (h) except that:

(1) UST systems that meet the performancestandards in 280.20 or 280.21, and the monthly inventorycontrol requirements in 280.43 (a) or

(b), may use tank tightness testing(conducted in accordance with 280.43(c)) at least every 5 years untilDecember 22, 1998, or until 10 yearsafter the tank is installed or upgradedunder 280.21(b), whichever is later;

(2) UST systems that do not meet theperformance standards in 280.20 or 280.21 may use monthly inventorycontrols (conducted in accordance with

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280.43(a) or (b)) and annual tank tightnesstesting (conducted in accordancewith 280.43(c)) until December 22, 1998when the tank must be upgraded under 280.21 or permanently closed under 280.71; and

(3) Tanks with capacity of 550 gallonsor less may use weekly tank gauging(conducted in accordance with 280.43(b)).

(b)Piping. Underground piping thatroutinely contains regulated substancesmust be monitored for releasesin a manner that meets one of the followingrequirements:

(1)Pressurized piping. Undergroundpiping that conveys regulated substancesunder pressure must:

(i) Be equipped with an automaticline leak detector conducted in accordancewith 280.44(a); and

(ii) Have an annual line tightnesstest conducted in accordance with 280.44(b) or have monthly monitoringconducted in accordance with

280.44(c).

(2) Suction piping. Underground pipingthat conveys regulated substancesunder suction must either have a linetightness test conducted at least every3 years and in accordance with 280.44(b), or use a monthly monitoringmethod conduct in accordance with 280.44(c). No release detection is requiredfor suction piping that is designedand constructed to meet the followingstandards:

(i) The below-grade piping operatesat less than atmospheric pressure;

(ii) The below-grade piping is slopedso that the contents of the pipe willdrain back into the storage tank if thesuction is released;

(iii) Only one check valve is includedin each suction line;

(iv) The check valve is located directlybelow and as close as practicalto the suction pump; and

(v) A method is provided that allowscompliance with paragraphs (b)(2) (ii)

(iv) of this section to be readily determined.

280.42 Requirements for hazardoussubstance UST systems.

Owners and operators of hazardoussubstance UST systems must providerelease detection that meets the followingrequirements:

(a) Release detection at existing USTsystems must meet the requirementsfor petroleum UST systems in 280.41.By December 22, 1998, all existing hazardoussubstance UST systems mustmeet the release detection requirementsfor new systems in paragraph (b)of this section.

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(b) Release detection at new hazardoussubstance UST systems mustmeet the following requirements:

(1) Secondary containment systemsmust be designed, constructed and installedto:

(i) Contain regulated substances releasedfrom the tank system until theyare detected and removed;

(ii) Prevent the release of regulatedsubstances to the environment at anytime during the operational life of theUST system; and

(iii) Be checked for evidence of a releaseat least every 30 days.

NOTE. The provisions of 40 CFR 265.193,Containment and Detection of Releases, maybe used to comply with these requirements.

(2) Double-walled tanks must be designed,constructed, and installed to:

(i) Contain a release from any portionof the inner tank within the outerwall; and

(ii) Detect the failure of the innerwall.

(3) External liners (including vaults)must be designed, constructed, and installedto:

(i) Contain 100 percent of the capacityof the largest tank within its

boundary;

(ii) Prevent the interference of precipitationor ground-water intrusionwith the ability to contain or detect arelease of regulated substances; and

(iii) Surround the tank completely

(i.e., it is capable of preventing lateralas well as vertical migration of regulatedsubstances).

(4) Underground piping must beequipped with secondary containmentthat satisfies the requirements of paragraph(b)(1) of this section (e.g., trenchliners, jacketing of double-walled pipe).In addition, underground piping thatconveys regulated substances under

pressure must be equipped with anautomatic line leak detector in accordancewith 280.44(a).

(5) Other methods of release detectionmay be used if owners and operators:

(i) Demonstrate to the implementingagency that an alternate method candetect a release of the stored substanceas effectively as any of the methods allowedin 280.43(b) through (h) can detecta release of petroleum;

(ii) Provide information to the implementingagency on effective correctiveaction technologies, health risks, andchemical and physical properties of thestored substance, and the characteristicsof the UST site; and,

(iii) Obtain approval from the implementing

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agency to use the alternaterelease detection method before the installationand operation of the newUST system.

280.43 Methods of release detectionfor tanks.

Each method of release detection fortanks used to meet the requirements of 280.41 must be conducted in accordancewith the following:

(a)Inventory control. Product inventorycontrol (or another test of equivalent

performance) must be conductedmonthly to detect a release of at least1.0 percent of flow-through plus 130 gallonson a monthly basis in the followingmanner:

(1) Inventory volume measurementsfor regulated substance inputs, withdrawals,and the amount still remainingin the tank are recorded each operatingday;

(2) The equipment used is capable ofmeasuring the level of product over thefull range of the tanks height to the

nearest one-eighth of an inch;

(3) The regulated substance inputsare reconciled with delivery receipts bymeasurement of the tank inventoryvolume before and after delivery;

(4) Deliveries are made through adrop tube that extends to within onefoot of the tank bottom;

(5) Product dispensing is metered andrecorded within the local standards formeter calibration or an accuracy of 6cubic inches for every 5 gallons of productwithdrawn; and

(6) The measurement of any waterlevel in the bottom of the tank is madeto the nearest one-eighth of an inch atleast once a month.

NOTE: Practices described in the AmericanPetroleum Institute Publication 1621, RecommendedPractice for Bulk Liquid StockControl at Retail Outlets, may be used,where applicable, as guidance in meeting therequirements of this paragraph.

(b) Manual tank gauging. Manualtank gauging must meet the followingrequirements:

(1) Tank liquid level measurementsare taken at the beginning and ending

of a period of at least 36 hours duringwhich no liquid is added to or removedfrom the tank;

(2) Level measurements are based onan average of two consecutive stickreadings at both the beginning andending of the period;

(3) The equipment used is capable ofmeasuring the level of product over thefull range of the tanks height to thenearest one-eighth of an inch;

(4) A leak is suspected and subject tothe requirements of subpart E if thevariation between beginning and ending

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measurements exceeds the weeklyor monthly standards in the followingtable:

Nominal tank capacity

Weekly standard (onetest)

Monthly standard (average of four tests)

550 gallonsor less.

10 gallons ................... 5 gallons.

5511,000 gallons.

13 gallons ................... 7 gallons.

1,001 2,000 gallons.

26 gallons ................... 13 gallons.

(5) Only tanks of 550 gallons or lessnominal capacity may use this as thesole method of release detection.Tanks of 551 to 2,000 gallons may usethe method in place of manual inventorycontrol in 280.43(a). Tanks ofgreater than 2,000 gallons nominal capacitymay not use this method tomeet the requirements of this subpart.

(c) Tank tightness testing. Tank tightnesstesting (or another test of equivalent

performance) must be capable ofdetecting a 0.1 gallon per hour leakrate from any portion of the tank thatroutinely contains product while accountingfor the effects of thermal expansion

or contraction of the product,vapor pockets, tank deformation, evaporationor condensation, and the locationof the water table.

(d)Automatic tank gauging. Equipmentfor automatic tank gauging thattests for the loss of product and conductsinventory control must meet thefollowing requirements:

(1) The automatic product level monitortest can detect a 0.2 gallon perhour leak rate from any portion of thetank that routinely contains product;and

(2) Inventory control (or another testof equivalent performance) is conductedin accordance with the requirementsof 280.43(a).(e) Vapor monitoring. Testing or monitoringfor vapors within the soil gas ofthe excavation zone must meet the followingrequirements:(1) The materials used as backfill aresufficiently porous (e.g., gravel, sand,crushed rock) to readily allow diffusionof vapors from releases into the excavationarea;

(2) The stored regulated substance, ora tracer compound placed in the tanksystem, is sufficiently volatile (e.g.,gasoline) to result in a vapor level that

is detectable by the monitoring deviceslocated in the excavation zone in theevent of a release from the tank;

(3) The measurement of vapors by themonitoring device is not rendered inoperative

by the ground water, rainfall,or soil moisture or other known interferencesso that a release could go undetectedfor more than 30 days;

(4) The level of background contaminationin the excavation zone will notinterfere with the method used to detectreleases from the tank;

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(5) The vapor monitors are designedand operated to detect any significantincrease in concentration above backgroundof the regulated substancestored in the tank system, a componentor components of that substance,or a tracer compound placed in thetank system;

(6) In the UST excavation zone, thesite is assessed to ensure compliancewith the requirements in paragraphs

(e) (1) through (4) of this section and toestablish the number and positioningof monitoring wells that will detect releaseswithin the excavation zone fromany portion of the tank that routinelycontains product; and

(7) Monitoring wells are clearlymarked and secured to avoid unauthorizedaccess and tampering.

(f) Ground-water monitoring. Testingor monitoring for liquids on the groundwater must meet the following requirements:

(1) The regulated substance stored isimmiscible in water and has a specific

gravity of less than one;

(2) Ground water is never more than20 feet from the ground surface and thehydraulic conductivity of the soil(s)

between the UST system and the monitoringwells or devices is not less than0.01 cm/sec (e.g., the soil should consistof gravels, coarse to medium sands,coarse silts or other permeable materials);

(3) The slotted portion of the monitoringwell casing must be designed to

prevent migration of natural soils orfilter pack into the well and to allowentry of regulated substance on thewater table into the well under both

high and low ground-water conditions;

(4) Monitoring wells shall be sealedfrom the ground surface to the top ofthe filter pack;

(5) Monitoring wells or devices interceptthe excavation zone or are as closeto it as is technically feasible;

(6) The continuous monitoring devicesor manual methods used can detectthe presence of at least one-eighthof an inch of free product on top of theground water in the monitoring wells;

(7) Within and immediately below the

UST system excavation zone, the siteis assessed to ensure compliance with

the requirements in paragraphs (f) (1)through (5) of this section and to establishthe number and positioning ofmonitoring wells or devices that willdetect releases from any portion of thetank that routinely contains product;and

(8) Monitoring wells are clearlymarked and secured to avoid unauthorizedaccess and tampering.

(g) Interstitial monitoring. Interstitialmonitoring between the UST system

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and a secondary barrier immediatelyaround or beneath it may be used, butonly if the system is designed, constructedand installed to detect a leakfrom any portion of the tank that routinelycontains product and also meetsone of the following requirements:

(1) For double-walled UST systems,the sampling or testing method can detecta release through the inner wall inany portion of the tank that routinelycontains product;

NOTE: The provisions outlined in the SteelTank Institutes Standard for Dual WallUnderground Storage Tanks may be used asguidance for aspects of the design and constructionof underground steel double-walledtanks.

(2) For UST systems with a secondarybarrier within the excavationzone, the sampling or testing methodused can detect a release between theUST system and the secondary barrier;

(i) The secondary barrier around orbeneath the UST system consists of artificiallyconstructed material that issufficiently thick and impermeable (atleast 106 cm/sec for the regulated substancestored) to direct a release to themonitoring point and permit its detection;

(ii) The barrier is compatible withthe regulated substance stored so thata release from the UST system will notcause a deterioration of the barrier allowinga release to pass through undetected;

(iii) For cathodically protectedtanks, the secondary barrier must beinstalled so that it does not interferewith the proper operation of the cathodic

protection system;

(iv) The ground water, soil moisture,

or rainfall will not render the testingor sampling method used inoperativeso that a release could go undetectedfor more than 30 days;

(v) The site is assessed to ensure thatthe secondary barrier is always abovethe ground water and not in a 25-yearflood plain, unless the barrier and monitoringdesigns are for use under suchconditions; and,

(vi) Monitoring wells are clearlymarked and secured to avoid unauthorizedaccess and tampering.

(3) For tanks with an internally

fitted liner, an automated device candetect a release between the inner wallof the tank and the liner, and the lineris compatible with the substancestored.

(h) Other methods. Any other type ofrelease detection method, or combinationof methods, can be used if:

(1) It can detect a 0.2 gallon per hourleak rate or a release of 150 gallonswithin a month with a probability ofdetection of 0.95 and a probability offalse alarm of 0.05; or

(2) The implementing agency may approve

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another method if the owner andoperator can demonstrate that themethod can detect a release as effectivelyas any of the methods allowed in

paragraphs (c) through (h) of this section.In comparing methods, the implementingagency shall consider the sizeof release that the method can detectand the frequency and reliability withwhich it can be detected. If the methodis approved, the owner and operatormust comply with any conditions imposed

by the implementing agency onits use to ensure the protection ofhuman health and the environment.

280.44 Methods of release detectionfor piping.

Each method of release detection forpiping used to meet the requirementsof 280.41 must be conducted in accordancewith the following:

(a)Automatic line leak detectors. Methodswhich alert the operator to the

presence of a leak by restricting orshutting off the flow of regulated substancesthrough piping or triggering anaudible or visual alarm may be used

only if they detect leaks of 3 gallonsper hour at 10 pounds per square inchline pressure within 1 hour. An annualtest of the operation of the leak detectormust be conducted in accordancewith the manufacturers requirements.

(b)Line tightness testing. A periodictest of piping may be conducted only ifit can detect a 0.1 gallon per hour leakrate at one and one-half times the operating

pressure.

(c)Applicable tank methods. Any ofthe methods in 280.43 (e) through (h)may be used if they are designed to detecta release from any portion of the

underground piping that routinely containsregulated substances.

280.45 Release detection recordkeeping.

All UST system owners and operatorsmust maintain records in accordancewith 280.34 demonstrating compliancewith all applicable requirements of thissubpart. These records must includethe following:

(a) All written performance claimspertaining to any release detection systemused, and the manner in whichthese claims have been justified ortested by the equipment manufacturer

or installer, must be maintained for 5years, or for another reasonable periodof time determined by the implementingagency, from the date of installation;

(b) The results of any sampling, testing,or monitoring must be maintainedfor at least 1 year, or for another reasonable

period of time determined bythe implementing agency, except thatthe results of tank tightness testingconducted in accordance with 280.43(c)must be retained until the next test isconducted; and

(c) Written documentation of all calibration,maintenance, and repair of release

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detection equipment permanentlylocated on-site must be maintained forat least one year after the servicingwork is completed, or for another reasonabletime period determined by theimplementing agency. Any schedules ofrequired calibration and maintenance

provided by the release detectionequipment manufacturer must be retainedfor 5 years from the date of installation.

Subpart ERelease Reporting,

Investigation, and Confirmation

280.50 Reporting of suspected releases.

Owners and operators of UST systemsmust report to the implementingagency within 24 hours, or another reasonabletime period specified by theimplementing agency, and follow the

procedures in 280.52 for any of the followingconditions:

(a) The discovery by owners and operatorsor others of released regulatedsubstances at the UST site or in thesurrounding area (such as the presenceof free product or vapors in soils, basements,

sewer and utility lines, andnearby surface water).

(b) Unusual operating conditions observedby owners and operators (suchas the erratic behavior of product dispensingequipment, the sudden loss of

product from the UST system, or anunexplained presence of water in thetank), unless system equipment isfound to be defective but not leaking,and is immediately repaired or replaced;and,

(c) Monitoring results from a releasedetection method required under 280.41 and 280.42 that indicate a release

may have occurred unless:

(1) The monitoring device is found tobe defective, and is immediately repaired,recalibrated or replaced, andadditional monitoring does not confirmthe initial result; or

(2) In the case of inventory control, asecond month of data does not confirmthe initial result.

280.51 Investigation due to off-siteimpacts.

When required by the implementingagency, owners and operators of USTsystems must follow the procedures in 280.52 to determine if the UST systemis the source of off-site impacts. Theseimpacts include the discovery of regulatedsubstances (such as the presenceof free product or vapors in soils, basements,sewer and utility lines, andnearby surface and drinking waters)that has been observed by the implementingagency or brought to its attention

by another party.

280.52 Release investigation and confirmation steps.Unless corrective action is initiatedin accordance with subpart F, ownersand operators must immediately investigateand confirm all suspected releases

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of regulated substances requiringreporting under 280.50 within 7days, or another reasonable time periodspecified by the implementingagency, using either the followingsteps or another procedure approved bythe implementing agency:(a) System test. Owners and operatorsmust conduct tests (according to therequirements for tightness testing in 280.43(c) and 280.44(b)) that determinewhether a leak exists in that portion ofthe tank that routinely contains product,or the attached delivery piping, or

both.

(1) Owners and operators must repair,replace or upgrade the UST system,and begin corrective action in accordancewith subpart F if the test resultsfor the system, tank, or delivery pipingindicate that a leak exists.

(2) Further investigation is not requiredif the test results for the system,tank, and delivery piping do notindicate that a leak exists and if environmentalcontamination is not the

basis for suspecting a release.

(3) Owners and operators must conducta site check as described in paragraph

(b) of this section if the test resultsfor the system, tank, and delivery

piping do not indicate that a leak existsbut environmental contaminationis the basis for suspecting a release.

(b) Site check. Owners and operatorsmust measure for the presence of a releasewhere contamination is mostlikely to be present at the UST site. Inselecting sample types, sample locations,and measurement methods, ownersand operators must consider the natureof the stored substance, the type

of initial alarm or cause for suspicion,the type of backfill, the depth ofground water, and other factors appropriatefor identifying the presence andsource of the release.

(1) If the test results for the excavationzone or the UST site indicatethat a release has occurred, owners andoperators must begin corrective actionin accordance with subpart F;

(2) If the test results for the excavationzone or the UST site do not indicatethat a release has occurred, furtherinvestigation is not required.

280.53 Reporting and cleanup ofspills and overfills.

(a) Owners and operators of UST systemsmust contain and immediatelyclean up a spill or overfill and report tothe implementing agency within 24hours, or another reasonable time periodspecified by the implementingagency, and begin corrective action inaccordance with subpart F in the followingcases:

(1) Spill or overfill of petroleum thatresults in a release to the environmentthat exceeds 25 gallons or another reasonableamount specified by the implementing

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agency, or that causes a sheenon nearby surface water; and

(2) Spill or overfill of a hazardoussubstance that results in a release tothe environment that equals or exceedsits reportable quantity under CERCLA(40 CFR part 302).

(b) Owners and operators of UST systemsmust contain and immediatelyclean up a spill or overfill of petroleumthat is less than 25 gallons or anotherreasonable amount specified by the implementingagency, and a spill or overfillof a hazardous substance that isless than the reportable quantity. Ifcleanup cannot be accomplished within24 hours, or another reasonable time

period established by the implementingagency, owners and operators must immediatelynotify the implementingagency.NOTE: Pursuant to 302.6 and 355.40, a releaseof a hazardous substance equal to or inexcess of its reportable quantity must alsobe reported immediately (rather than within24 hours) to the National Response Centerunder sections 102 and 103 of the ComprehensiveEnvironmental Response, Compensation,

and Liability Act of 1980 and to appropriatestate and local authorities under TitleIII of the Superfund Amendments and ReauthorizationAct of 1986.

Subpart FRelease Response and Corrective Action for UST SystemsContaining Petroleum or Hazardous Substances

280.60 General.

Owners and operators of petroleum orhazardous substance UST systemsmust, in response to a confirmed releasefrom the UST system, complywith the requirements of this subpartexcept for USTs excluded under 280.10(b) and UST systems subject toRCRA Subtitle C corrective action requirements

under section 3004(u) of theResource Conservation and RecoveryAct, as amended.

280.61 Initial response.

Upon confirmation of a release in accordancewith 280.52 or after a releasefrom the UST system is identified inany other manner, owners and operatorsmust perform the following initialresponse actions within 24 hours of arelease or within another reasonable

period of time determined by the implementingagency:

(a) Report the release to the implementing

agency (e.g., by telephone orelectronic mail);

(b) Take immediate action to preventany further release of the regulatedsubstance into the environment; and

(c) Identify and mitigate fire, explosion,and vapor hazards.

280.62 Initial abatement measuresand site check.

(a) Unless directed to do otherwise bythe implementing agency, owners andoperators must perform the following

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abatement measures:

(1) Remove as much of the regulatedsubstance from the UST system as isnecessary to prevent further release tothe environment;

(2) Visually inspect any abovegroundreleases or exposed belowground releasesand prevent further migration ofthe released substance into surroundingsoils and ground water;

(3) Continue to monitor and mitigateany additional fire and safety hazards

posed by vapors or free product thathave migrated from the UST excavationzone and entered into subsurfacestructures (such as sewers or

basements);

(4) Remedy hazards posed by contaminatedsoils that are excavated orexposed as a result of release confirmation,site investigation, abatement, orcorrective action activities. If theseremedies include treatment or disposalof soils, the owner and operator mustcomply with applicable State and localrequirements;

(5) Measure for the presence of a releasewhere contamination is mostlikely to be present at the UST site,unless the presence and source of therelease have been confirmed in accordancewith the site check required by 280.52(b) or the closure site assessmentof 280.72(a). In selecting sampletypes, sample locations, and measurementmethods, the owner and operatormust consider the nature of the storedsubstance, the type of backfill, depthto ground water and other factors asappropriate for identifying the presenceand source of the release; and

(6) Investigate to determine the possiblepresence of free product, andbegin free product removal as soon aspracticable and in accordance with 280.64.

(b) Within 20 days after release confirmation,or within another reasonable

period of time determined by theimplementing agency, owners and operatorsmust submit a report to the implementingagency summarizing theinitial abatement steps taken under

paragraph (a) of this section and anyresulting information or data.

280.63 Initial site characterization.

(a) Unless directed to do otherwise bythe implementing agency, owners andoperators must assemble informationabout the site and the nature of the release,including information gainedwhile confirming the release or completingthe initial abatement measuresin 280.60 and 280.61. This informationmust include, but is not necessarilylimited to the following:

(1) Data on the nature and estimatedquantity of release;

(2) Data from available sources and/or site investigations concerning the

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following factors: surrounding populations,water quality, use and approximatelocations of wells potentially affected

by the release, subsurface soilconditions, locations of subsurface sewers,climatological conditions, and landuse;

(3) Results of the site check requiredunder 280.62(a)(5); and

(4) Results of the free product investigationsrequired under 280.62(a)(6),to be used by owners and operators todetermine whether free product must

be recovered under 280.64.

(b) Within 45 days of release confirmationor another reasonable periodof time determined by the implementingagency, owners and operatorsmust submit the information collectedin compliance with paragraph (a) ofthis section to the implementing agencyin a manner that demonstrates itsapplicability and technical adequacy,or in a format and according to theschedule required by the implementingagency.

280.64 Free product removal.

At sites where investigations under 280.62(a)(6) indicate the presence offree product, owners and operatorsmust remove free product to the maximumextent practicable as determined

by the implementing agency while continuing,as necessary, any actions initiatedunder 280.61 through 280.63, or

preparing for actions required under 280.65 through 280.66. In meeting therequirements of this section, ownersand operators must:

(a) Conduct free product removal in amanner that minimizes the spread of

contamination into previouslyuncontaminated zones by using recoveryand disposal techniques appropriateto the hydrogeologic conditionsat the site, and that properly treats,discharges or disposes of recovery byproductsin compliance with applicablelocal, State and Federal regulations;

(b) Use abatement of free product migrationas a minimum objective for thedesign of the free product removal system;

(c) Handle any flammable products ina safe and competent manner to preventfires or explosions; and

(d) Unless directed to do otherwise bythe implementing agency, prepare andsubmit to the implementing agency,within 45 days after confirming a release,a free product removal reportthat provides at least the following information:

(1) The name of the person(s) responsiblefor implementing the free productremoval measures;

(2) The estimated quantity, type, andthickness of free product observed ormeasured in wells, boreholes, and excavations;

(3) The type of free product recoverysystem used;

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(4) Whether any discharge will takeplace on-site or off-site during the recoveryoperation and where this dischargewill be located;

(5) The type of treatment applied to,and the effluent quality expected from,any discharge;

(6) The steps that have been or arebeing taken to obtain necessary permitsfor any discharge; and

(7) The disposition of the recoveredfree product. 280.65 Investigations for soil andground-water cleanup.

(a) In order to determine the full extentand location of soils contaminated

by the release and the presence andconcentrations of dissolved productcontamination in the ground water,owners and operators must conduct investigationsof the release, the releasesite, and the surrounding area possiblyaffected by the release if any of the followingconditions exist:

(1) There is evidence that groundwaterwells have been affected by therelease (e.g., as found during releaseconfirmation or previous corrective actionmeasures);

(2) Free product is found to need recoveryin compliance with 280.64;

(3) There is evidence that contaminatedsoils may be in contact withground water (e.g., as found duringconduct of the initial response measuresor investigations required under 280.60 through 280.64); and

(4) The implementing agency requests

an investigation, based on thepotential effects of contaminated soilor ground water on nearby surfacewater and ground-water resources.

(b) Owners and operators must submitthe information collected under

paragraph (a) of this section as soon aspracticable or in accordance with aschedule established by the implementingagency.

280.66 Corrective action plan.

(a) At any point after reviewing theinformation submitted in compliancewith 280.61 through 280.63, the implementing

agency may require ownersand operators to submit additional informationor to develop and submit acorrective action plan for respondingto contaminated soils and groundwater. If a plan is required, owners andoperators must submit the plan accordingto a schedule and format established

by the implementing agency. Alternatively,owners and operators may,after fulfilling the requirements of 280.61 through 280.63, choose to submita corrective action plan for respondingto contaminated soil andground water. In either case, ownersand operators are responsible for submittinga plan that provides for adequate

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protection of human health andthe environment as determined by theimplementing agency, and must modifytheir plan as necessary to meet thisstandard.

(b) The implementing agency will approvethe corrective action plan onlyafter ensuring that implementation ofthe plan will adequately protect humanhealth, safety, and the environment. Inmaking this determination, the implementingagency should consider the

following factors as appropriate:(1) The physical and chemical characteristicsof the regulated substance, includingits toxicity, persistence, and

potential for migration;

(2) The hydrogeologic characteristicsof the facility and the surroundingarea;

(3) The proximity, quality, and currentand future uses of nearby surfacewater and ground water;

(4) The potential effects of residualcontamination on nearby surface water

and ground water;

(5) An exposure assessment; and

(6) Any information assembled incompliance with this subpart.

(c) Upon approval of the correctiveaction plan or as directed by the implementingagency, owners and operatorsmust implement the plan, includingmodifications to the plan made by theimplementing agency. They must monitor,evaluate, and report the results ofimplementing the plan in accordancewith a schedule and in a format established

by the implementing agency.

(d) Owners and operators may, in theinterest of minimizing environmentalcontamination and promoting more effectivecleanup, begin cleanup of soiland ground water before the correctiveaction plan is approved provided thatthey:

(1) Notify the implementing agencyof their intention to begin cleanup;

(2) Comply with any conditions imposedby the implementing agency, includinghalting cleanup or mitigatingadverse consequences from cleanup activities;and

(3) Incorporate these self-initiatedcleanup measures in the corrective action

plan that is submitted to the implementingagency for approval.

280.67 Public participation.

(a) For each confirmed release thatrequires a corrective action plan, theimplementing agency must provide noticeto the public by means designed toreach those members of the public directlyaffected by the release and the

planned corrective action. This noticemay include, but is not limited to, publicnotice in local newspapers, block

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advertisements, public service announcements,publication in a stateregister, letters to individual households,or personal contacts by fieldstaff.

(b) The implementing agency mustensure that site release informationand decisions concerning the correctiveaction plan are made available to the

public for inspection upon request.

(c) Before approving a corrective actionplan, the implementing agencymay hold a public meeting to considercomments on the proposed correctiveaction plan if there is sufficient publicinterest, or for any other reason.

(d) The implementing agency mustgive public notice that complies with

paragraph (a) of this section if implementationof an approved correctiveaction plan does not achieve the establishedcleanup levels in the plan andtermination of that plan is under consideration

by the implementing agency.

Subpart GOut-of-Service UST

Systems and Closure

280.70 Temporary closure.

(a) When an UST system is temporarilyclosed, owners and operatorsmust continue operation and maintenanceof corrosion protection in accordancewith 280.31, and any releasedetection in accordance with subpartD. Subparts E and F must be compliedwith if a release is suspected or confirmed.However, release detection isnot required as long as the UST systemis empty. The UST system is emptywhen all materials have been removed

using commonly employed practices sothat no more than 2.5 centimeters (oneinch) of residue, or 0.3 percent byweight of the total capacity of the USTsystem, remain in the system.(b) When an UST system is temporarilyclosed for 3 months or more,owners and operators must also complywith the following requirements:

(1) Leave vent lines open and functioning;and

(2) Cap and secure all other lines,pumps, manways, and ancillary equipment.(c) When an UST system is temporarilyclosed for more than 12 months,

owners and operators must permanentlyclose the UST system if it doesnot meet either performance standardsin 280.20 for new UST systems or theupgrading requirements in 280.21, exceptthatthe spill and overfill equipmentrequirements do not have to bemet. Owners and operators must permanentlyclose the substandard USTsystems at the end of this 12-month periodin accordance with 280.71280.74,unless the implementing agency providesan extension of the 12-monthtemporary closure period. Owners andoperators must complete a site assessmentin accordance with 280.72 beforesuch an extension can be applied for.

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280.71 Permanent closure andchanges-in-service.

(a) At least 30 days before beginningeither permanent closure or a changein-service under paragraphs (b) and (c)of this section, or within another reasonabletime period determined by theimplementing agency, owners and operatorsmust notify the implementingagency of their intent to permanentlyclose or make the change-in-service,unless such action is in response to correctiveaction. The required assessmentof the excavation zone under 280.72 must be performed after notifyingthe implementing agency but beforecompletion of the permanent closureor a change-in-service.

(b) To permanently close a tank,owners and operators must empty andclean it by removing all liquids and accumulatedsludges. All tanks taken outof service permanently must also be eitherremoved from the ground or filledwith an inert solid material.

(c) Continued use of an UST system

to store a non-regulated substance isconsidered a change-in-service. Beforea change-in-service, owners and operatorsmust empty and clean the tank byremoving all liquid and accumulatedsludge and conduct a site assessment inaccordance with 280.72.

NOTE: The following cleaning and closureprocedures may be used to comply with thissection:

(A) American Petroleum Institute RecommendedPractice 1604, Removal and Disposalof Used Underground Petroleum StorageTanks;

(B) American Petroleum Institute Publication

2015, Cleaning Petroleum StorageTanks;

(C) American Petroleum Institute RecommendedPractice 1631, Interior Lining ofUnderground Storage Tanks, may be usedas guidance for compliance with this section;and

(D) The National Institute for OccupationalSafety and Health Criteria for a RecommendedStandard * * * Working in ConfinedSpace may be used as guidance forconducting safe closure procedures at somehazardous substance tanks.

280.72 Assessing the site at closure orchange-in-service.

(a) Before permanent closure or achange-in-service is completed, ownersand operators must measure for the

presence of a release where contaminationis most likely to be present at theUST site. In selec