Standards - Under Ground Storage Tank

8/12/2019 Standards - Under Ground Storage Tank

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40 CFR Ch. I (7198 Edition)Pt. 280

PART 280 TEC HN IC A L STA N DA RDSAN D C O RREC TIVE AC TIO N RE-Q UIREM EN TS FO R O WN ERS AN DO PERA TO RS OF UNDERG RO UNDSTO RAG E TA N KS (UST)

Subp ar t AProgram Sco pe a nd In terimProhibition

Sec.280.10 Applicabil it y.280.11 Interim prohibi ti on for deferred UST

systems.280.12 Definit ions.

Sub pa rt B UST System s: De sign ,C onstruction, Insta l la tion a nd No tif ica tion

280.20 P erformance standards for new US Tsystems.

280.21 Upgrading of existi ng UST systems.280.22 Noti ficati on requir ements.

Su b p a rt C G e n e r a l O p e r a t in gRequi rements

280.30 Spill and overfil l control.280.31 Operation and maintenance of corro-

sion protection.280.32 Compati bili ty.280.33 Repair s allowed.280.34 Report ing and recordkeeping.

Subpa rt DRelea se De tect ion

280.40 General r equir ements for all UST sys-tems.

280.41 Requirements for petroleum UST sys-tems.

280.42 Requir ements for hazardous sub-stance US T systems.

280.43 Methods of release detecti on fortanks.

280.44 Methods of release detect ion for pip-ing.

280.45 Release detecti on recordkeeping.

Subpart ERelease Reporting,Investigation, and Confirmation

280.50 Report ing of suspected releases.280.51 Investigati on due to off-sit e impacts.280.52 Release investi gati on and confir ma-

tion steps.280.53 Report ing and cleanup of spil ls andoverfills.

Subpar t FRelease Response and Correc-tive Ac tion for UST System s Con tainingPetro leum or Haza rdous Substa nce s

280.60 General.280.61 Init ial response.280.62 Init ial abatement measures and sit e

check.280.63 Ini ti al site characterizati on.

280.64 F ree product removal.280.65 Investigati ons for soil and ground-

water cleanup.280.66 Corrective acti on plan.280.67 P ubli c partici pati on.

Subp a rt G O ut-of-Servic e UST Syste m sand Closure

280.70 T emporary closure.280.71 P ermanent closure and changes-in-

service.280.72 Assessing the sit e at cl osure or

change-in-service.280.73 Appli cabil it y to previously closed

UST systems.

280.74 Closure r ecords.

Sub pa rt H Fina nc ial Re sponsibility

280.90 Appl icabi l i ty.280.91 Compliance dates.280.92 Definit ion of terms.280.93 Amount and scope of required fi-

nancial responsibility.280.94 Al lowable mechanisms and com-

binations of mechanisms.280.95 F inancial test of self-insurance.280.96 Guarantee.280.97 Insurance and risk retention group

coverage.280.98 Surety bond.280.99 Letter of credi t .280.100 Use of stat e-requi red mechanism.280.101 St ate fund or other state assurance.

280.102 T rust fund.280.103 St andby tr ust fund.280.104 L ocal government bond rati ng test.280.105 L ocal government fi nancial t est.280.106 L ocal government guarantee.280.107 L ocal government fund.280.108 Substit uti on of financial assurance

mechanisms by owner or operator.280.109 Cancell ati on or nonrenewal by a pro-

vider of fi nancial assurance.280.110 Reporting by owner or operator.280.111 Recordkeeping.280.112 Drawing on f inancial assurance

mechanisms.280.113 Release from t he requir ements.280.114 Bank ruptcy or other incapacit y of

owner or operator or provider of finan-cial assurance.

280.115 Repleni shment of guarantees, letters

of credit, or surety bonds.280.116 Suspension of enforcement. [R e-served]

Sub pa rt ILend e r Liab ility

280.200 Definit ions.280.210 P arti cipati on in management.280.220 Ownership of an underground stor -

age tank or underground storage tanksystem or facility or property on whichan underground storage tank or under-ground stor age tank system is located.


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Enviro nm e nta l Pro te c tio n A g e nc y 280.12

280.230 Operat ing an underground storagetank or underground storage tank sys-tem.

A P P E N D I C E S T O P AR T 280

A P P E N D I X I T O P AR T 280 NOT I F I C A T I O N F O RUNDERGROU ND ST ORA GE T A N K S (F ORM )

A P P E N D I X I I T O P A RT 280 L I S T OF A G E N C I E SDE S I G NA T E D T O R E C E I V E NO T I F I C A T I O N S

A P P E N D I X I I I T O P AR T 280 ST A T E M E NT F ORSH I P P I N GT I C K E T S A N D I N V O I C E S

A U T H O R I T Y : 42 U.S.C . 6912, 6991, 6991a, 6991b,6991c, 6991d, 6991e, 6991f, 6991g, 6991h.

SOURCE : 53 F R 37194, S ept. 23, 1988, unl ess

otherwise noted.

S ubpar t AP r ogr am S cope andInte rim Proh ibition

280.10 Applicability.

(a) The requirements of t his partapply to all owners and operators of anUST syst em as defi ned in 280.12 exceptas otherwise provided in paragraphs(b), (c), and (d) of this section. AnyUST system li sted in paragraph (c) ofthis section must meet the require-ments of 280.11.

(b) The following UST systems areexcluded from the requirements of this

part:(1) Any U ST system holding hazard-

ous wastes listed or identified underSubtitle C of the Solid Waste DisposalAct, or a mixture of such hazardouswaste and other regulat ed substances.

(2) Any wastewater treatment tanksystem that is part of a wastewatertreatment facility regulated under sec-tion 402 or 307(b) of the Clean WaterAct.

(3) Equipment or machinery thatcontains regulated substances for oper-ational purposes such as hydraulic lifttank s and electri cal equipment t anks.

(4) Any U ST system whose capaci tyis 110 gall ons or less.

(5) Any UST system that contains ade minimis concentration of regulatedsubstances.

(6) Any emergency spill or overflowcontainment UST system that is expe-diti ously emptied 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 sys-tems;

(2) Any UST systems containing ra-dioactive material that are regulatedunder the Atomic Energy Act of 1954(42 U.S.C. 2011 and fol lowi ng);

(3) Any UST system that is part of anemergency generator system at nuclearpower generation facilities regulatedby the Nuclear Regulatory Commissionunder 10 CF R part 50, appendix A ;

(4) Airport hydrant fuel distributionsystems; and

(5) US T systems with fi eld-con-structed tanks.

(d) Deferrals. Subpart D does not

apply to any UST system that storesfuel solely for use by emergency powergenerators.

280.11 Interim prohibition for de-ferred UST systems.

(a) No person may install an USTsystem listed in 280.10(c) for the pur-pose of storing regulated substancesunless the UST system (whether ofsingle- or double-wall constr ucti on):

(1) Will prevent releases due to corro-sion or structural failure for the oper-ational l ife of the UST system;

(2) Is cathodicall y protected againstcorrosion, constr ucted of noncorrodiblematerial, steel clad with a noncorrod-

ible material, or designed in a mannerto prevent the release or threatened re-lease of any stored substance; and

(3) Is constructed or l ined wit h mate-rial that is compatible with the storedsubstance.

(b) Notwithstanding paragraph (a) ofthis section, an UST system withoutcorrosion protection may be installedat a site that is determined by a corro-sion expert not to be corrosive enoughto cause it to have a release due to cor-rosion during i ts operat ing l ife. Ownersand operators must maintain recordsthat demonstrate compliance with therequirements of this paragraph for theremaining life of the tank.

NOT E : The National Association of Corro-sion Engineers S tandard RP 0285, Cont rolof External Corrosion on Metallic Buried,P artiall y B uried, or Submerged L iquid Stor-age Systems, may be used as guidance forcomply ing wi th paragraph (b) of t his section.

280.12 Definitions.

Aboveground release means any re-lease to the surface of the land or tosurface water. T his i ncludes, but is not


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40 CFR Ch. I (7198 Edition) 2 8 0 .1 2

limited to, releases from the above-ground port ion of an UST system andaboveground releases associated withoverfills and transfer operations as theregulated substance moves to or froman UST system.Anc i l l a r y equ ipmen t means any de-

vices including, but not limited to,such devices as pipi ng, fit ti ngs, flanges,valves, and pumps used to distribute,meter, or control the flow of regulatedsubstances to and from an U ST .Belowground release means any re-

lease to the subsurface of the land and

to ground water. T his incl udes, but i snot l imi ted to, releases from t he below-ground portions of an undergroundstorage tank system and belowgroundreleases associated with overfills andtransfer operations as the regulatedsubstance moves to or from an under-ground storage tank .Beneath the sur face of the ground

means beneath the ground surface orotherwise covered with earthen mate-rials.Cathod ic pr o tec t ion is a technique to

prevent corrosion of a metal surface bymaking that surface the cathode of anelectrochemical cell. F or example, atank system can be cathodically pro-

tected through the application of ei-ther galvanic anodes or impressed cur-rent.Cath odic protect i on tester means a per-

son who can demonstrate an under-standing of the principles and measure-ments of all common types of cathodicprotection systems as applied to buriedor submerged metal piping and tanksystems. At a minimum, such personsmust have education and experience insoil resistivity, stray current, struc-ture-to-soil potential, and componentelectrical isolation measurements ofburied metal piping and tank systems.CERCLA means the Comprehensive

Environmental Response, Compensa-

ti on, and L iabil it y A ct of 1980, asamended.Compatib le means the ability of two

or more substances to maintain theirrespective physical and chemical prop-erties upon contact with one anotherfor the design life of the tank systemunder conditions likely to be encoun-tered in the UST .Connected p ip ing means all under-

ground piping including valves, elbows,

joints, fl anges, and fl exible connectorsattached to a tank system throughwhich regulated substances fl ow. Forthe purpose of determining how muchpiping is connected to any individualUST system, the piping that joins twoUST systems should be all ocated equal-ly between them.Consumpt ive use with respect to heat-

ing oil means consumed on the prem-ises.Corrosion expert means a person who,

by reason of thorough knowledge of thephysical sciences and the principles of

engineering and mathematics acquiredby a professional education and relatedpractical experience, is qualified to en-gage in the practice of corrosion con-trol on buried or submerged metal pip-ing systems and metal tanks. Such aperson must be accredited or certifiedas being qualified by the National As-sociation of Corrosion Engineers or bea registered professional engineer whohas certification or licensing that in-cludes education and experi ence in cor-rosion control of buried or submergedmetal piping systems and metal tank s.Di elect r i c mater ia l means a material

that does not conduct direct electricalcurrent. Di electri c coatings are used to

electrically isolate UST systems fromthe surrounding soils. Dielectric bush-ings are used to electrically isolateport ions of the UST system (e.g., tankfrom piping).Elec t r ica l equ ipment means under-

ground equipment that contains dielec-tr ic fl uid that is necessary for the oper-ation of equipment such as transform-ers and buried electrical cable.Excavat ion zone means the volume

containing the tank system and back-fill material bounded by the groundsurface, walls, and floor of the pit andtrenches into which the UST system isplaced at t he ti me of instal lat ion.Ex is t ing tank sys tem means a tank

system used to contain an accumula-tion of regulated substances or forwhich installation has commenced onor before December 22, 1988. Instal la-tion is considered to have commencedif:

(a) The owner or operator has ob-tained all federal, state, and local ap-provals or permits necessary to beginphysical construction of the site or in-stall ati on of the tank system; and if,


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

(2) T he owner or operat or has enteredinto contractual obligati ons whichcannot be cancelled or modified with-out substanti al l oss for physical con-struction at the site or installation ofthe tank system to be completed with-in a reasonable time.Fa rm t a n k is a tank located on a

tract of land devoted to the productionof crops or raising animals, includingfish, and associated residences and im-provements. A farm tank must be lo-cated on the farm propert y. F arm i n-cludes fish hatcheries, rangeland andnurseri es wit h growing operat ions.Flow- th rough process tank is a tank

that forms an integral part of a produc-tion process through which there is asteady, variable, recurring, or inter-mittent flow of materials during theoperat ion of the process. F low-thr oughprocess tanks do not include tanksused for the storage of materials priorto their introduction into the produc-tion process or for the storage of fin-ished products or by-products from theproducti on process.

Fr ee produc t refers to a regulated sub-stance that is present as a non-aqueousphase liquid (e.g., liquid not dissolvedin water.)Gather ing l ines means any pipeline,

equipment, facility, or building used inthe transportation of oil or gas duringoil or gas production or gathering oper-ations.Hazardous substance UST system

means an underground storage tanksystem that contains a hazardous sub-stance defi ned in sect ion 101(14) of theComprehensive Environmental Re-sponse, Compensati on and L iabil it yAct of 1980 (but not incl uding any sub-stance regulated as a hazardous waste

under subtitle C) or any mixture ofsuch substances and petroleum, andwhich is not a petroleum UST system.Heat ing o i l means petroleum that is

No. 1, No. 2, No. 4 li ght, No. 4 heavy,No. 5 li ght, No. 5 heavy, and No. 6technical grades of fuel oil; other resid-ual fuel oils (including Navy SpecialF uel Oi l and Bunker C); and other fuelswhen used as substitutes for one ofthese fuel oils. Heating oil is typically

used in the operation of heating equip-ment, boilers, or furnaces.Hyd r au l i c l i f t t a n k means a tank hold-

ing hydraulic fluid for a closed-loopmechanical system that uses com-pressed air or hydraulic fluid to oper-ate lifts, elevators, and other similardevices.Imp l ement ing agency means EPA, or,

in the case of a state with a programapproved under section 9004 (or pursu-ant to a memorandum of agreementwith EP A), the designated state or

local agency responsible for carryingout an approved UST program.L i q u i d t r a p means sumps, well cell ars,

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 liq-uids. These l iqui d traps may tempo-rarily collect liquids for subsequentdisposition or reinjection into a pro-ducti on or pipeline stream, or may col-lect and separate liquids from a gasstream.M a in tenance means the normal oper-

ational upkeep to prevent an under-ground storage tank system from re-

leasing product.M otor fue l means petroleum or a pe-

troleum-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 t ank sys tem means a tank system

that will be used to contain an accu-mulation of regulated substances andfor which installation has commencedafter December 22, 1988. (See al so Ex-isting Tank System.)Noncommercia l pu rposes with respect

to motor fuel means not for r esale.On th e premises w here stored with re-

spect to heating oil means UST sys-tems located on the same propertywhere the stored heati ng oil is used.Opera t iona l l i fe refers to the period

beginning when installation of thetank system has commenced until thetime the tank system is properlyclosed under Subpart G.Opera to r means any person in control

of, or having responsibility for, thedail y operat ion of the UST system.


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40 CFR Ch. I (7198 Edition) 2 8 0 .1 2

Overf i l l re lease is a release that occurswhen a tank is filled beyond its capac-ity, resulting in a discharge of the reg-ulated substance to the environment.Owner means:(a) In the case of an UST system in

use on November 8, 1984, or broughtinto use after that date, any personwho owns an UST system used for stor-age, use, or dispensing of regulatedsubstances; and

(b) I n the case of any US T system inuse before November 8, 1984, but nolonger in use on that date, any person

who owned such UST immediat ely be-fore the discontinuat ion of i ts use.Person means an individual, trust,

fir m, joint stock company, F ederalagency, corporation, state, municipal-ity, commission, political subdivisionof a state, or any interstate body.P erson also includes a consort ium, a

joint venture, a commerci al enti ty, andthe Uni ted Stat es Government.Petroleum U ST system means an un-

derground storage tank system thatcontains petroleum or a mixture of pe-troleum with de minimis quantities ofother regulated substances. Such sys-tems include those containing motorfuels, jet fuels, distillate fuel oils, re-

sidual fuel oils, lubricants, petroleumsolvents, and used oil s.Pipe or P ip ing means a hollow cyl-

inder or tubular conduit that is con-structed of non-earthen materi als.Pipe l ine fac i l i t ies ( inc lud ing gather ing

l ines) are new and existing pipe rights-of-way and any associated equipment,facilities, or buildings.Regulat ed substan ce means:(a) Any substance defined in section

101(14) of the Comprehensive Envi ron-mental Response, Compensation andL iabil it y Act (CE RCL A) of 1980 (butnot including any substance regulatedas a hazardous waste under subtitle C),and

(b) Petrol eum, including crude oil orany fraction thereof that is liquid atstandard conditions of temperature andpressure (60 degrees Fahrenheit and14.7 pounds per square inch absolute).

T he term regulated substance in-cludes but is not limited to petroleumand petroleum-based substances com-prised of a complex blend of hydro-carbons derived from crude oil thoughprocesses of separation, conversion, up-

grading, and finishing, such as motorfuels, jet fuels, distillate fuel oils, re-sidual fuel oils, lubricants, petroleumsolvents, and used oil s.Release means any spilling, leaking,

emitting, discharging, escaping, leach-ing or disposing from an UST intoground water, surface water or sub-surface soils.Release detection means determining

whether a release of a regulated sub-stance has occurred from the UST sys-tem into the environment or into theint ersti ti al space between the UST sys-

tem and its secondary barrier or sec-ondary contai nment around it .Repa i r means to restore a tank or

UST system component t hat hascaused a release of product from theUST system.Resident ia l tan k is a tank located on

property used primarily for dwellingpurposes.SARA means the Superfund Amend-

ments and Reauthorization Act of 1986.Sept ic ta nk is a water-tight covered

receptacle designed to receive or proc-ess, through liquid separation or bio-logical digestion, the sewage dis-charged from a buil ding sewer. T he ef-fluent from such receptacle is distrib-

uted for disposal through the soil andsettled solids and scum from the tankare pumped out periodically and hauledto a treatment facili ty.Storm-water or wastewater co l lec t ion

system means piping, pumps, conduits,and any other equipment necessary tocollect and transport the flow of sur-face water run-off resulting from pre-cipitation, or domestic, commercial, orindustrial wastewater to and from re-tention areas or any areas where treat-ment is designated to occur. The col-lection of storm water and wastewaterdoes not include treatment exceptwhere incidental to conveyance.Sur face impoundment is a natural

topographic depression, man-made ex-cavation, or diked area formed pri-marily of earthen materials (althoughit may be lined with man-made mate-ri als) that is not an inj ection well .T a n k is a stationary device designed

to contain an accumulation of regu-lated substances and constructed ofnon-earthen materials (e.g., concrete,steel, plastic) that provide structuralsupport.


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Underground area means an under-ground room, such as a basement, cel-lar, shaft or vault, providing enoughspace for physical inspection of the ex-terior of the tank situated on or abovethe surface of the floor.U nd ergrou nd release means any below-

ground release.Underground s torage tank or UST

means any one or combinat ion of t anks(including underground pipes con-nected thereto) that is used to containan accumulation of regulated sub-stances, and the volume of which (in-

cluding the volume of undergroundpipes connected thereto) is 10 percentor more beneath the surface of theground. T his term does not includeany:

(a) Farm or r esidenti al tank of 1,100gallons or less capacity used for stor-ing motor fuel for noncommercial pur-poses;

(b) T ank used for stori ng heati ng oilfor consumptive use on the premiseswhere stored;

(c) Septic tank;(d) P ipeline facil it y (including gath-

ering lines) regulated under:(1) The Natur al Gas P ipeline Safety

Act of 1968 (49 U.S.C. A pp. 1671, et seq.),

or(2) The Hazardous L iquid P ipeline

Safety Act of 1979 (49 U.S.C. App. 2001,et seq.), or

(3) Which i s an int rastate pipeline fa-cility regulated under state laws com-parable to the provisions of the law re-ferred to in paragraph (d)(1) or (d)(2) ofthis definit ion;

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

(f) Storm-water or wastewater coll ec-tion system;

(g) Fl ow-through process tank ;(h) L iquid t rap or associated gather-

ing lines directly related to oil or gasproduction and gathering operations;

or(i) St orage tank situated in an under-

ground area (such as a basement, cel-lar, mineworking, drift, shaft, or tun-nel) if the storage tank is situatedupon or above the surface of the floor.

T he term underground stor age t ank or UST does not i nclude any pipesconnected to any tank which is de-scribed in paragraphs (a) through (i) ofthis definit ion.

Upgrade means the addition or retro-fit of some systems such as cathodicprotection, lining, or spill and overfillcontrols to improve the ability of anunderground storage tank system toprevent the release of product.UST system or Tan k sys tem means an

underground storage tank, connectedunderground piping, underground an-cillary equipment, and containmentsystem, if any.Wastewater t rea tment tank means a

tank that is designed to receive andtreat an influent wastewater through

physical, chemical, or biological meth-ods.

Sub p a rt B UST Syste m s: De sign,C onstruc tion , Instal lation a ndNo tifica tion

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 sub-stances, all owners and operators ofnew UST systems must meet the fol-lowing requirements.

(a) Tanks . Each tank must be prop-erly designed and constructed, and anyportion underground that routinelycontains product must be protectedfrom corrosion, in accordance with acode of practice developed by a nation-ally recognized association or inde-pendent testing laboratory as specifiedbelow:

(1) T he tank is constructed of fiber-glass-reinforced plastic; or

NOT E : T he following i ndustr y codes may beused to comply with paragraph (a)(1) of thissecti on: Underwri ters L aboratori es Standard1316, St andard for Gl ass- F iber-R einforcedP lasti c Underground Storage T anks for Pe-troleum P roducts; Underwri ters Labora-tories of Canada CAN4S615M83, Standar dfor Reinforced P lasti c Underground T anksfor P etroleum P roducts; or American Soci-ety of T esti ng and Materi als S tandard D402186, St andard Specif icat ion for Glass-F iber-Reinforced Polyester U nderground Petro-leum Storage T anks.

(2) The tank is constr ucted of steeland cathodically protected in the fol-lowing manner:

(i) The tank is coated with a suitabledielectr ic materi al;


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40 CFR Ch. I (7198 Edition) 2 8 0 .2 0

(ii ) F ield-instal led cathodic protec-tion systems are designed by a corro-sion expert;

(iii) Impressed current systems aredesigned to allow determination of cur-rent operating status as required in280.31(c); and

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

NOT E : The foll owing codes and standardsmay be used to comply with paragraph (a)(2)of thi s secti on:

(A) St eel T ank I nstit ute Specifi cation forST IP 3 System of External Corrosion Pro-tection of Underground Steel StorageT anks;

(B) Underwri ters L aboratori es Standard1746, Corrosion P rot ection Sy stems for Un-derground Storage T anks;

(C) Underwri ters L aboratori es of CanadaCA N4S603M85, Standard for Steel Under-ground Tanks for F lammable and Combus-t ible L iquids, and CAN4G03.1M85, St and-ard for Galvanic Corrosion P rotecti on Sys-tems for U nderground Tanks for F lammableand Combusti ble L iquids, and CAN4S631M84, I solati ng Bushings for Steel U nder-ground T anks P rotected wit h Coatings andGalvanic S ystems; or

(D) National Association of Corrosion En-gineers St andard RP 0285, Cont rol of E x-ternal Corrosion on Metallic Buried, Par-ti all y Buri ed, or Submerged L iquid StorageSystems, and Underwrit ers LaboratoriesStandard 58, Standard for Steel Under-ground Tanks for F lammable and Combus-ti ble Li quids.

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

NOT E : T he foll owing industry codes may beused to comply with paragraph (a)(3) of thissecti on: Underwri ters L aboratori es St andard1746, Corrosion P rot ection Sy stems for Un-derground Storage Tank s, or t he Associa-ti on for Composite T anks A CT 100, Speci-fication for the F abricati on of F RP Clad Un-

derground St orage Tanks.(4) T he tank is constructed of metal

without additional corrosion protec-tion measures provided that:

(i) T he tank is install ed at a site thatis determined by a corrosion expert notto be corrosive enough to cause it tohave a release due to corrosion duringit s operat ing li fe; 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) T he tank constr uction and corro-sion protection are determined by theimplementing agency to be designed toprevent the release or threatened re-lease of any stored regulated substancein a manner that is no less protectiveof human health and the environmentthan paragraphs (a) (1) through (4) ofthi s secti on.

(b) P ip ing . T he pipi ng that routinelycontains regulated substances and is in

contact with the ground must be prop-erly designed, constructed, and pro-tected from corrosion in accordancewith a code of practice developed by anationally recognized association orindependent testing laboratory as spec-ified below:

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

NOT E : The foll owing codes and standardsmay be used to comply with paragraph (b)(1)of thi s section:

(A ) Underwr i ters L aboratori es Subject 971,UL L isted Non-Metal P ipe;

(B) Underwri ters L aboratori es St andard567, P ipe Connectors for F lammabl e andCombustible and L P Gas;

(C) Underwri ters L aboratori es of CanadaGui de UL C107, Gl ass F iber ReinforcedP lastic P ipe and F it ti ngs for F lammableL iquids; and

(D) Underwrit ers L aboratori es of CanadaSt andard CAN 4S633M81, F lexible Under -ground Hose Connector s.

(2) T he pipi ng is constructed of steeland cathodically protected in the fol-lowing manner:

(i) T he piping is coated wit h a suit-able dielectri c materi al;

(ii ) Fi eld-install ed cathodic protec-tion systems are designed by a corro-sion expert;

(ii i) I mpressed current systems aredesigned to allow determination of cur-rent operating status as required in280.31(c); and

(iv) Cathodic protection systems areoperated and maintained in accordancewith 280.31 or guidel ines establ ishedby the implementing agency; or

NOT E : The foll owing codes and standardsmay be used to comply with paragraph (b)(2)of thi s section:

(A) National F ire P rotecti on Associati onSt andard 30, F lammable and Combusti bleL iquids Code;


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(B) American Petroleum I nsti tute P ubli ca-ti on 1615, Instal lati on of U nderground Pe-tr oleum Storage Systems;

(C) American P etroleum Instit ute Publica-ti on 1632, Cathodic P rotecti on of U nder-ground P etroleum Storage T anks and P ipingSystems; and

(D) National Association of Corrosion En-gineers St andard RP 0169, Cont rol of Ex-ternal Corrosion on Submerged Metall ic P ip-ing S ystems.

(3) T he piping is constr ucted of metalwithout additional corrosion protec-tion measures provided that:

(i) The piping is installed at a site

that is determined by a corrosion ex-pert to not be corrosive enough tocause it to have a release due to corro-sion during it s operat ing l ife; and

(ii) Owners and operators maintainrecords that demonstrate compliancewith the requirements of paragraph(b)(3)(i) of this section for the remain-ing l ife of the piping; or

NOT E : National F ire P rotecti on Associa-ti on S tandard 30, F lammable and Combus-ti ble L iquids Code; and National A ssocia-ti on of Corrosion Engi neers St andard RP 0169, Control of External Corrosion on Sub-merged Metall ic P iping Sy stems, may beused to comply with paragraph (b)(3) of thissection.

(4) The piping constructi on and cor-rosion protection are determined bythe implementing agency to be de-signed to prevent the release or threat-ened release of any stored regulatedsubstance in a manner that is no lessprotective of human health and the en-vironment than the requirements inparagraphs (b) (1) through (3) of thissection.

(c) Spi l l and over f i l l p r event ion equ ip -ment. (1) E xcept as provided in para-graph (c)(2) of this section, to preventspilling and overfilling associated withproduct transfer to the UST system,owners and operators must use the fol-lowing spill and overfill preventionequipment:

(i) Spill prevention equipment thatwill prevent release of product to theenvironment when the transfer hose isdetached from the fill pipe (for exam-ple, 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 ful l; 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 ahigh 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 re-quired to use the spill and overfill pre-vention equipment specified in para-graph (c)(1) of this section if:

(i) Alternative equipment is usedthat is determined by the implement-ing agency to be no less protective ofhuman health and the environmentthan the equipment specified in para-graph (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) I n s ta l l a t i on . All tanks and pipingmust be properly installed in accord-ance with a code of practice developedby a nationally recognized associationor independent testing laboratory and

in accordance with the manufacturersinstructions.

NOT E : Tank and piping system install ati onpractices and procedures described in the fol-lowing codes may be used to comply with therequirements of paragraph (d) of this section:

(i) American Petroleum Instit ute Publica-ti on 1615, Instal lat ion of U nderground P e-troleum Storage System; or

(ii) Petroleum Equipment Institute Publi-cati on R P 100, Recommended P ract ices forI nstall ati on of Underground L iquid StorageSystems; or

(iii) American National Standards Insti-tut e Standard B 31.3, P etrol eum RefineryP iping, and American National St andardsInsti tut e St andard B31.4 L iquid PetroleumT ransportati on P iping Sy stem.

(e) Cer t i f i ca t ion of ins ta l la t ion . Al lowners and operators must ensure thatone or more of the following methodsof certification, testing, or inspectionis used to demonstrate compliancewith paragraph (d) of this section byproviding a certification of complianceon the UST notification form in ac-cordance with 280.22.

(1) T he instal ler has been certi fi ed bythe tank and piping manufacturers; or


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40 CFR Ch. I (7198 Edition) 2 8 0 .2 1

(2) The instal ler has been certi fi ed orlicensed by the implementing agency;or

(3) The instal lat ion has been in-spected and certified by a registeredprofessional engineer with educationand experi ence in U ST system install a-tion; or

(4) The instal lat ion has been in-spected and approved by the imple-menting agency; or

(5) All work listed in the manufactur-ers installation checklists has beencompleted; or

(6) T he owner and operat or have com-plied with another method for ensuringcompliance with paragraph (d) of thissection that is determined by the im-plementing agency to be no less prot ec-tive of human health and the environ-ment.

[53 F R 37194, Sept . 23, 1988, as amended at 56F R 38344, Aug. 13, 1991]

280.21 Upgrading of existing USTsystems.

(a) Al te rna t ives a l lowed. Not laterthan December 22, 1998, al l exist ingUST systems must comply with one ofthe fol lowing r equirements:

(1) New UST system performancestandards under 280.20;

(2) T he upgrading requirements inparagraphs (b) through (d) of this sec-tion; or

(3) Closure requirements under sub-part G of this part, including applica-ble requirements for corrective actionunder subpart F .

(b) Tan k u pgrad ing requ i rements . Steeltanks must be upgraded to meet one ofthe following requirements in accord-ance with a code of practice developedby a nationally recognized associationor independent testing l aboratory:

(1) I n t er i o r l i n i ng . A tank may be up-graded by internal l ini ng if:

(i) The lining is installed in accord-

ance wi th t he requi rements 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 stillperforming in accordance with originaldesign specifications.

(2) Cathod ic pr o tec t ion . A tank may beupgraded by cathodic protection if thecathodic protection system meets the

requirements 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 corro-sion holes prior to installing the ca-thodic protecti on system; or

(ii ) T he tank has been install ed forless than 10 years and is monitoredmonthly for releases in accordancewith 280.43 (d) through (h); or

(ii i) T he tank has been installed for

less than 10 years and is assessed forcorrosion holes by conducting two (2)tightness tests that meet the require-ments of 280.43(c). T he first t ightnesstest must be conducted prior to i nstall -ing the cathodic protection system.

T he second t ightness test must be con-ducted between t hree (3) and si x (6)months following the first operation ofthe cathodic protection system; or

(iv) T he tank is assessed for corro-sion holes by a method that is deter-mined 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.

(3) I n t erna l l i n i n g combined wi t h ca -thod ic pr o tec t ion . A tank may be up-graded by both internal lining and ca-thodic protection if:

(i) The lining is installed in accord-ance with the requirements of 280.33;and

(ii ) The cathodic protecti on systemmeets the requirements of 280.20(a)(2)(ii), (iii), and (iv).

NOT E : The foll owing codes and standardsmay be used to comply wi th t his secti on:

(A) A merican P etroleum Institut e Publica-t ion 1631, Recommended P ract ice for the In-terior L ining of E xisting Steel UndergroundStorage T anks;

(B) National L eak P revention A ssociation

St andard 631, Spi l l P revention, Mi nimum 10Y ear L i fe E xtension of Existi ng S teel Under-ground Tanks by L ining Wit hout the Addi-ti on of Cathodic P rotecti on;

(C) National Association of Corrosion Engi-neers S tandard RP 0285, Cont rol of E xter-nal Corrosion on Metallic Buried, PartiallyBuri ed, or S ubmerged L iquid S torage Sys-tems; and

(D) American Petroleum I nsti tute P ubli ca-ti on 1632, Cathodic P rotection of U nder-ground P etroleum Storage T anks and P ipingSystems.


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(c) Pip ing upgrad ing requ i rements .Metal piping that routinely containsregulated substances and is in contactwith the ground must be cathodicallyprotected in accordance with a code ofpractice developed by a nationally rec-ognized association or independenttesting laboratory and must meet therequirements of 280.20(b)(2) (ii), (iii),and (iv).

NOT E : The codes and standards li sted in thenote fol lowing 280.20(b)(2) may be used tocomply with this requirement.

(d) Spi l l and over f i l l p revent ion equ ip -ment. T o prevent spil l ing and overfi l l -ing associated with product transfer tothe UST system, all existing UST sys-tems must comply with new UST sys-tem spil l and overfi ll preventi on equip-ment requirements specified in280.20(c).

280.22 Notification requirements.

(a) Any owner who brings an under-ground storage tank system into useafter M ay 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 such

tank system to the state or local agen-cy or department designated in appen-dix II of this part to receive such no-tice.

NOT E : Owners and operators of UST sys-tems that were in t he ground on or after M ay8, 1986, unl ess taken out of operat ion on orbefore J anuary 1, 1974, were requi red to no-tify the designated state or local agency inaccordance with the Hazardous and SolidWast e Amendments of 1984, P ub. L . 98616, ona form publi shed by E P A on November 8, 1985(50 FR 46602) unl ess noti ce was given pursu-ant t o secti on 103(c) of CER CL A . Owners andoperators who have not complied with thenoti ficati on requir ements may use porti ons Ithrough VI of the notification form con-tained in appendix I of thi s part.

(b) In stat es where state law, regula-tions, or procedures require owners touse forms that differ from those setforth i n appendix I of this part to fulfi llthe requirements of this section, thestate forms may be submit ted in l ieu ofthe forms set forth in Appendix I ofthis part. If a state requires that itsform be used in lieu of the form pre-sented in this regulation, such form

must meet the requirements of section9002.

(c) Owners required to submit noticesunder paragraph (a) of this sectionmust provide notices to the appro-priate agencies or departments identi-fied in appendix I I of thi s part for eachtank they own. Owners may providenoti ce for several tank s using one noti -fication form, but owners who owntanks located at more than one placeof operat ion must fil e a separate noti fi-cation form for each separate place of

operation.(d) Notices required to be submitted

under paragraph (a) of this sectionmust provide all of the information insecti ons I t hrough VI of the prescri bedform (or appropriate state form) foreach tank for which notice must begiven. Notices for tanks installed afterDecember 22, 1988 must also provi de allof the information in section V I I of theprescribed form (or appropriate stateform) for each tank for which noticemust be given.

(e) A ll owners and operat ors of newUST systems must certify in t he notifi-cation form compliance with the fol-

lowing requirements:(1) Installation of tanks and piping

under 280.20(e);(2) Cathodic protection of steel tank s

and pi ping under 280.20 (a) and (b);(3) F inancial responsibil it y under

subpart H of this part; and(4) R elease detection under 280.41

and 280.42.(f) All owners and operators of new

UST systems must ensure that the in-staller certifies in the notificationform that the methods used to installthe tanks and piping complies with therequirements in 280.20(d).

(g) Beginning Oct ober 24, 1988, any

person who sells a tank intended to beused as an underground storage tankmust noti fy t he purchaser of such tankof the owners notification obligationsunder paragraph (a) of thi s sect ion. T heform provided in appendix III of thispart may be used to comply with thisrequirement.


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40 CFR Ch. I (7198 Edition) 2 8 0 .3 0

S ubpar t CGener a l Oper a t ingRequirements

280.30 Spill and overfill control.

(a) Owners and operators must ensurethat releases due to spilling or overfill-ing do not occur. T he owner and opera-tor must ensure that the volume avail-able in the tank is greater than thevolume of product to be transferred tothe tank before the transfer is madeand that t he transfer operat ion i s mon-itored constantly to prevent overfilling

and spill ing.NOT E : T he transfer procedures descri bed in

National Fi re P rotecti on Association Publi-cation 385 may be used to comply with para-graph (a) of thi s secti on. F urther guidanceon spill and overfill prevention appears inAmerican Petroleum Instit ute Publication1621, Recommended P ract ice for Bul k L iq-uid Stock Control at Retail Outlets, andNational F ire P rotecti on Associati on Stand-ard 30, F lammable and Combusti ble L iquidsCode.

(b) The owner and operator must re-port, investigate, and clean up anyspills and overfills in accordance with280.53.

280.31 Operation and maintenance of

corrosion protection.All owners and operators of steel

UST systems with corrosion protectionmust comply with the following re-quirements to ensure that releases dueto corrosion are prevented for as longas the UST system is used to store reg-ulated substances:

(a) All corrosion protection systemsmust be operated and maintained tocontinuously provide corrosion protec-tion to the metal components of thatportion of the tank and piping thatrout inely contain regulated substancesand are in contact with the ground.

(b) All UST systems equipped withcathodic protection systems must be

inspected for proper operation by aqualified cathodic protection tester inaccordance with the following require-ments:

(1) Frequency . Al l cathodic protecti onsystems must be tested within 6months of installation and at leastevery 3 years thereafter or according toanother reasonable time frame estab-lished by the implementing agency;and

(2) I nspec t ion cr i t er ia . T he criteriathat are used to determine that ca-thodic protection is adequate as re-quired by this section must be in ac-cordance with a code of practice devel-oped by a nationally recognized asso-ciation.

NOT E : National Association of CorrosionEngi neers St andard RP 0285, Control ofExternal Corrosion on Metallic Buried, Par-ti all y Buri ed, or Submerged L iquid StorageSystems, may be used to comply with para-graph (b)(2) of this secti on.

(c) UST systems with i mpressed cur-

rent cathodic protection systems mustalso be inspected every 60 days to en-sure the equipment is running prop-erly.

(d) F or UST systems using cathodicprotection, records of the operation ofthe cathodic protection must be main-tained (in accordance wit h 280.34) todemonstrate compliance with the per-formance standards in this section.

T hese records must provide the fol low-ing:

(1) The result s of the last thr ee in-spections required in paragraph (c) ofthi s secti on; and

(2) T he results of t esting from thelast two inspections required in para-

graph (b) of this section.

280.32 Compatibility.

Owners and operators must use anUST system made of or l ined wit h ma-terials that are compatible with thesubstance stored in the US T system.

NOT E : Owners and operators storing alco-hol blends may use the following codes tocomply with the requirements of this sec-tion:

(a) A merican P etroleum Instit ute Publi ca-ti on 1626, St ori ng and Handli ng E thanol andGasoline-Ethanol Blends at Distribution Ter-minal s and Service Stati ons; and

(b) A merican P etroleum Instit ute Publi ca-tion 1627, Storage and Handling of Gasoline-

Methanol/Cosolvent Blends at DistributionT ermi nal s and Service St ati ons.

280.33 Repairs allowed.

Owners and operators of UST sys-tems must ensure that repairs will pre-vent releases due to structural failureor corrosion as long as the UST systemis used to store regulated substances.

T he repairs must meet the fol lowingrequirements:


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(a) Repairs to UST systems must beproperly conducted in accordance witha code of practice developed by a na-tionally recognized association or anindependent testing laboratory.

NOT E : The foll owing codes and standardsmay be used to comply with paragraph (a) ofthis section: National F ire P rotecti on Asso-ciati on St andard 30, F lammable and Com-busti ble Li quids Code; American PetroleumInsti tut e P ubli cati on 2200, Repair ing CrudeOil , L iquifi ed P etroleum Gas, and P roductP ipeli nes; American P etroleum Instit uteP ubli cati on 1631, Recommended P ract ice

for the Interior L ining of Existing Steel U n-derground Storage T anks; and Nati onalL eak P reventi on A ssociati on St andard 631,Spil l P reventi on, Minimum 10 Y ear L ife Ex-tension of Existing Steel Underground Tanksby L ini ng Wit hout t he Additi on of CathodicP rotecti on.

(b) Repairs to fiberglass-reinforcedplastic tanks may be made by the man-ufacturers authorized representativesor in accordance with a code of prac-tice developed by a nationally recog-nized association or an independenttesting laboratory.

(c) Metal pipe sections and fittingsthat have released product as a resultof corrosion or other damage must be

replaced. F iberglass pipes and fit ti ngsmay be repaired in accordance with themanufactur ers specifi cations.

(d) Repaired tanks and piping mustbe tightness tested in accordance with280.43(c) and 280.44(b) wi thi n 30 daysfoll owing the date of the completi on ofthe repair except as provided in para-graphs (d) (1) through (3), of this sec-tion:

(1) The repaired tank is internally in-spected in accordance with a code ofpractice developed by a nationally rec-ognized association or an independenttesting laboratory; or

(2) The repaired port ion of the USTsystem is monitored monthly for re-

leases in accordance with a methodspecif ied 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) Wit hin 6 months foll owing the re-pair of any cathodically protected USTsystem, the cathodic protection systemmust be tested in accordance with

280.31 (b) and (c) to ensure that it isoperat ing properly.

(f) UST system owners and operatorsmust maintain records of each repairfor the remaining operating life of theUST system that demonstrate compli-ance with the requirements of this sec-tion.

280.34 Reporting and recordkeeping.

Owners and operators of UST sys-tems must cooperate full y with i nspec-tions, monitoring and testing con-

ducted by the implementing agency, aswell as requests for document submis-sion, testing, and monitoring by theowner or operator pursuant to section9005 of Subti tl e I of the Resource Con-servation and Recovery Act, as amend-ed.

(a) Repor t ing . Owners and operatorsmust submit the following informationto the implementing agency:

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

(2) Reports of all releases includingsuspected releases (280.50), spi l ls andoverfi l ls (280.53), and confi rmed re-

leases (280.61);(3) Corrective actions planned or

taken including initial abatementmeasures (280.62), initial site charac-teri zati on (280.63), fr ee product re-moval (280.64), investigation of soiland ground-water cleanup (280.65), andcorrect ive action plan (280.66); and

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

(b) Recordkeeping. Owners and opera-tors must maintain the following infor-mation:

(1) A corrosion experts analysis ofsite corrosion potential if corrosionprotection equipment is not used

(280.20(a)(4); 280.20(b)(3)).(2) Documentation of operation of

corrosion protection equipment(280.31);

(3) Documentat ion of UST system re-pai rs (280.33(f));

(4) Recent compliance with releasedetect ion requi rements (280.45); and

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


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40 CFR Ch. I (7198 Edition) 2 8 0 .4 3

(iii) Surround the tank completely(i.e., it is capable of preventing lateralas well as vertical migration of regu-lated substances).

(4) Underground piping must beequipped with secondary containmentthat satisfies the requir ements of para-graph (b)(1) of this section (e.g., trenchliners, jacketing of double-walled pipe).I n addit ion, underground piping thatconveys regulated substances underpressure must be equipped with anautomatic line leak detector in accord-ance with 280.44(a).

(5) Other methods of release detec-tion may be used if owners and opera-tors:

(i) Demonstrate to the implementingagency that an alternate method candetect a release of the stored substanceas effectively as any of the methods al-lowed in 280.43(b) through (h) can de-tect a release of petr oleum;

(ii) P rovide information to the imple-menting agency on effective correctiveaction technologies, health risks, andchemical and physical propert ies of thestored substance, and the characteris-ti cs of the UST site; and,

(iii) Obtain approval from the imple-menting agency to use the alternate

release detection method before the in-stallation and operation of the newUST system.

280.43 Methods of release detectionfor tanks.

Each method of release detection fortanks used to meet the requirements of280.41 must be conducted in accord-ance with the foll owing:

(a) I n ven to r y con t ro l . P roduct inven-tory control (or another test of equiva-lent performance) must be conductedmonthly to detect a release of at least1.0 percent of flow-through plus 130 gal-lons on a monthly basis in the follow-ing manner:

(1) Inventory volume measurementsfor regulated substance inputs, with-drawals, and the amount still remain-ing in the tank are recorded each oper-ati ng day;

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

(3) T he regulated substance inputsare reconciled with delivery receipts by

measurement 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) P roduct dispensing i s metered andrecorded within the local standards formeter calibration or an accuracy of 6cubic inches for every 5 gallons of prod-uct wit hdrawn; and

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

NOT E : P racti ces described in t he AmericanP etrol eum I nsti tut e P ubli cati on 1621, Rec-ommended P ractice for Bulk L iquid StockControl at Retail Outlets, may be used,where applicable, as guidance in meeting therequirements of this paragraph.

(b) M anua l t a n k gaug i n g. Manualtank gauging must meet the followingrequirements:

(1) Tank l iqui d level measurementsare taken at the beginning and endingof a period of at least 36 hours duringwhich no liquid is added to or removedfrom the tank;

(2) L evel measurements are based onan average of two consecutive stick

readings at both the beginning andending of the period;

(3) T he 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 t othe requirements of subpart E if thevariation between beginning and end-ing measurements exceeds the week lyor monthly standards in the followingtable:

Nominaltank capac-

ity

Weekly standard (onetest)

Monthly standard (av-erage of four tests)

550 gallonsor less.

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

5511,000gallons.

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

1,0012,000gallons.

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

(5) Only tank s of 550 gall ons or lessnominal capacity may use this as thesole method of release detection.

T ank s of 551 to 2,000 gal lons may usethe method in place of manual inven-tor y cont rol in 280.43(a). T anks of


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greater than 2,000 gallons nominal ca-pacity may not use this method tomeet the requirements of this subpart.

(c) Tan k t igh t ness test in g . T ank t ight-ness testing (or another test of equiva-lent performance) must be capable ofdetecting a 0.1 gallon per hour leakrate from any porti on of the tank thatroutinely contains product while ac-counting for the effects of thermal ex-pansion or contraction of the product,vapor pockets, tank deformation, evap-oration or condensation, and the loca-ti on of the water table.

(d) Au toma t i c tank gaug ing . Equip-ment for automatic tank gauging thattests for the loss of product and con-ducts inventory control must meet thefoll owing requirements:

(1) The automat ic product l evel mon-itor test 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 con-ducted in accordance with the require-ment s of 280.43(a).

(e) Vapo r mon i t o r i ng . T est ing or mon-itoring for vapors within the soil gas ofthe excavation zone must meet the fol-

lowing requirements:(1) T he materials used as backfi ll are

sufficiently porous (e.g., gravel, sand,crushed rock) to readily allow diffusionof vapors from releases into the exca-vati on area;

(2) The stored regulated substance, ora tracer compound placed in the tanksystem, is sufficiently volatile (e.g.,gasoli ne) to result in a vapor level thatis detectable by the monitoring deviceslocated in the excavation zone in theevent of a release from the tank;

(3) T he measurement of vapors by t hemonitoring device is not rendered inop-erative by the ground water, rainfall,or soil moisture or other known inter-

ferences so that a release could go un-detected for more than 30 days;

(4) The level of background contami -nation in the excavation zone will notinterfere with the method used to de-tect r eleases from t he tank;

(5) T he vapor monit ors are designedand operated to detect any significantincrease in concentration above back-ground of the regulated substancestored in the tank system, a compo-

nent or components of that substance,or a tracer compound placed in thetank system;

(6) I n the UST excavati on 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 re-leases within the excavation zone fromany portion of the tank that routinelycontains product; and

(7) Monitoring wells are clearlymarked and secured to avoid unauthor-

ized access and tampering.(f) Ground -wa te r mon i t o r i ng . T esting

or monitoring for liquids on the groundwater must meet the foll owing require-ments:

(1) T he regulated substance stored isimmiscible in water and has a specificgravity 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 mon-it oring well s 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 mate-rials);

(3) The slot ted port ion of the mon-itoring well casing must be designed toprevent migration of natural soils orfilter pack into the well and to allowentry of regulated substance on thewater table into the well under bothhigh and low ground-water conditions;

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

(5) Monitoring wells or devices inter-cept t he excavati on zone or ar e as closeto i t as is technicall y feasible;

(6) The conti nuous monitori ng de-vices or manual methods used can de-tect the presence of at least one-eighthof an inch of free product on top of the

ground water in t he monitoring well s;(7) Wit hin and immediately below t he

UST system excavation zone, the siteis assessed to ensure compliance withthe requirements in paragraphs (f) (1)through (5) of this section and to estab-lish the number and positioning ofmonitoring wells or devices that willdetect releases from any portion of thetank that routinely contains product;and


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40 CFR Ch. I (7198 Edition) 2 8 0 .4 4

(8) Monitoring wells are clearlymarked and secured to avoid unauthor-ized access and tampering.

(g) I n t er st i t i a l mon i t o r i ng . Interstitialmonitoring between the UST systemand a secondary barrier immediatelyaround or beneath it may be used, butonly if the system is designed, con-structed and installed to detect a leakfrom any portion of the tank that rou-ti nely contains product and also meetsone of the following requirements:

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

NOT E : T he provisions outli ned in t he SteelT ank I nst i tutes St andard for Dual Wal lUnderground St orage T anks may be used asguidance for aspects of the design and con-struction of underground steel double-walledtanks.

(2) F or U ST systems with a second-ary barrier within the excavation zone,the sampling or testing method usedcan detect a release between the USTsystem and the secondary barrier;

(i) T he secondary barrier around orbeneath t he UST system consists of ar-

tificially constructed material that issufficiently thick and impermeable (atleast 106 cm/sec for the regulated sub-stance stored) to direct a release to themonitoring point and permit its detec-tion;

(ii) The barrier is compatible withthe regulated substance stored so thata release from the UST system wil l notcause a deterioration of the barrier al-lowing a release to pass through unde-tected;

(iii ) F or cathodically protectedtanks, the secondary barrier must beinstalled so that it does not interferewith the proper operation of the ca-thodic protecti on system;

(iv) T he 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) T he site is assessed to ensure thatthe secondary barrier is always abovethe ground water and not in a 25-yearflood plain, unless the barrier and mon-itoring designs are for use under suchconditions; and,

(vi) Monitoring wells are clearlymarked and secured to avoid unauthor-ized access and tampering.

(3) F or tank s with an internallyfitted 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 combina-ti on of methods, can be used if :

(1) I t can detect a 0.2 gall on per hourleak rate or a release of 150 gallons

within a month with a probability ofdetection of 0.95 and a probability offal se alarm of 0.05; or

(2) T he implementing agency may ap-prove another method if the owner andoperator can demonstrate that themethod can detect a release as effec-ti vely as any of t he methods allowed inparagraphs (c) through (h) of this sec-ti on. In comparing methods, the imple-menting agency shall consider the sizeof release that the method can detectand the frequency and reliability withwhich i t can be detected. If the methodis approved, the owner and operatormust comply with any conditions im-posed by the implementing agency on

its 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 conduct ed in accord-ance with the foll owing:

(a) A ut omati c l i ne leak detectors. Meth-ods which alert the operator to thepresence of a leak by restricting orshutting off the flow of regulated sub-stances through piping or tr iggeri ng anaudible or visual alarm may be usedonly if they detect leaks of 3 gallonsper hour at 10 pounds per square inch

line pressure within 1 hour. An annualtest of the operation of the leak detec-tor must be conducted in accordancewith the manufacturers requirements.

(b) L in e t i ght ness test i ng. 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 op-erati ng pressure.

(c) App l icab le tank methods . Any ofthe methods in 280.43 (e) through (h)


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may be used if they are designed to de-tect a release from any portion of theunderground piping that routinely con-tains regulat ed substances.

280.45 Release detection record-keeping.

All UST system owners and operatorsmust maintain records in accordancewith 280.34 demonstrating compliancewith all appli cable requirements of thi ssubpart . These records must incl udethe following:

(a) All written performance claimspertaining to any release detection sys-tem used, and the manner in whichthese claims have been justified ortested by the equipment manufactureror installer, must be maintained for 5years, or for another reasonable periodof time determined by the implement-ing agency, from the date of installa-tion;

(b) T he result s of any sampling, test-ing, or monitoring must be maintainedfor at least 1 year, or for another rea-sonable 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 cali-

bration, maintenance, and repair of re-lease detection equipment permanentlylocated on-site must be maintained forat least one year after the servicingwork is completed, or for another rea-sonable time period determined by theimplementing agency. Any schedules ofrequired calibration and maintenanceprovided by the release detectionequipment manufacturer must be re-tained for 5 years from the date of in-stallation.

Subp a rt E Re le a se Re po rt ing,

Investiga t ion, a nd C onf irm a t ion

280.50 Reporting of suspected re-leases.

Owners and operat ors of UST sys-tems must report to the implementingagency within 24 hours, or another rea-sonable time period specified by theimplementing agency, and follow theprocedures in 280.52 for any of the fol-lowing condit ions:

(a) The discovery by owners and oper-ators or others of released regulatedsubstances at the UST site or in thesurrounding area (such as the presenceof free product or vapors in soils, base-ments, sewer and utility lines, andnearby surface water).

(b) Unusual operating conditions ob-served by owners and operators (suchas the erratic behavior of product dis-pensing equipment, the sudden loss ofproduct from the UST system, or anunexplained presence of water in thetank), unless system equipment is

found to be defective but not leaking,and is immediately repaired or re-placed; and,

(c) Monitoring results from a releasedetection method required under280.41 and 280.42 that indi cat e a re-lease may have occurred unless:

(1) The monitor ing device is found tobe defective, and is immediately re-paired, recalibrated or replaced, andadditi onal monitoring does not confir mthe initi al result; or

(2) I n the case of inventory contr ol, asecond month of data does not confirmthe initial result.

280.51 Investigation due to off-site

impacts.When required by the implementing

agency, owners and operators of USTsystems must follow the procedures in280.52 to determi ne if t he UST systemis the source of off-sit e impacts. Theseimpacts include the discovery of regu-lated substances (such as the presenceof free product or vapors in soils, base-ments, sewer and utility lines, andnearby surface and drinking waters)that has been observed by the imple-menting agency or brought to its at-tention by another party.

280.52 Release investigation and con-firmation steps.

Unless corrective action is initiatedin accordance with subpart F , ownersand operators must immediately inves-tigate and confirm all suspected re-leases of regulated substances requir-ing reporting under 280.50 within 7days, or another reasonable time pe-riod specified by the implementingagency, using either the followingsteps or another procedure approved bythe implementing agency:


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40 CFR Ch. I (7198 Edition) 2 8 0 .5 3

(a) System test. Owners and operatorsmust conduct tests (according to therequirements for tightness testing in280.43(c) and 280.44(b)) t hat determi newhether a leak exists in that portion ofthe tank that routinely contains prod-uct, or the attached deli very piping, orboth.

(1) Owners and operat ors must repair,replace or upgrade the UST system,and begin corrective action in accord-ance with subpart F if t he test result sfor the system, tank, or deli very pipingindicate that a l eak exists.

(2) F urther i nvestigati on is not re-quired if the test results for the sys-tem, tank, and delivery piping do notindicate that a leak exists and if envi-ronmental contamination is not thebasis for suspecting a release.

(3) Owners and operators must con-duct a si te check as described in para-graph (b) of this section if the test re-sults for the system, tank , and deliverypiping do not indicate that a leak ex-ists but environmental contaminationis the basis for suspecting a release.

(b) Site check. Owners and operatorsmust measure for the presence of a re-lease where contamination is mostli kely to be present at the UST site. In

selecting sample types, sample loca-tions, and measurement methods, own-ers and operators must consider the na-ture of the stored substance, the typeof initial alarm or cause for suspicion,the type of backfill, the depth ofground water, and other factors appro-priate for identifying the presence andsource of the release.

(1) If the test results for the exca-vation zone or the UST site indicatethat a release has occurred, owners andoperators must begin corr ecti ve acti onin accordance wit h subpart F ;

(2) If the test results for the exca-vation zone or the UST site do not in-dicate that a release has occurred, fur-

ther i nvestigati on is not required.

280.53 Reporting and cleanup ofspills and overfills.

(a) Owners and operat ors of UST sys-tems must contain and immediatelyclean up a spil l or overfi ll and report tothe implementing agency within 24hours, or another reasonable time pe-riod specified by the implementingagency, and begin corrective action in

accordance wit h subpart F in t he fol-lowi ng cases:

(1) Spill or overfill of petroleum thatresults in a release to the environmentthat exceeds 25 gallons or another rea-sonable amount specified by the imple-menting 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 exceedsit s reportable quantity under CE RCL A(40 CF R part 302).

(b) Owners and operat ors of UST sys-tems must contain and immediatelyclean up a spill or overfill of petroleumthat is less than 25 gallons or anotherreasonable amount specified by the im-plementing agency, and a spill or over-fill of a hazardous substance that isless than the reportable quantity. Ifcleanup cannot be accomplished within24 hours, or another reasonable timeperiod established by the implementingagency, owners and operators must im-mediately notify the implementingagency.

NOT E : P ursuant to 302.6 and 355.40, a re-lease of 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 Comprehen-sive Environmental Response, Compensa-ti on, and L iabil it y A ct of 1980 and to appro-priate state and local authorities under TitleIII of the Superfund Amendments and Reau-thor izati on Act of 1986.

Subpart FRelease Response andC orre c tive A c tion for UST Sys-tems Conta ining Petroleum orHazardous Substances

280.60 General.

Owners and operat ors of petroleum orhazardous substance UST systemsmust, in response to a confirmed re-lease from the UST system, complywith the requirements of this subpartexcept for UST s excluded under280.10(b) and UST systems subject toRCRA Subtitle C corrective action re-quirements under section 3004(u) of theResource Conservation and RecoveryAct, as amended.


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and operators are responsible for sub-mitting a plan that provides for ade-quate protection of human health andthe environment as determined by theimplementing agency, and must mod-ify their plan as necessary to meet thi sstandard.

(b) The i mplementi ng agency wi ll ap-prove the corrective action plan onlyafter ensuring that implementation ofthe plan wil l adequately protect humanhealth, safety , and the environment. I nmaking this determination, the imple-menting agency should consider the

foll owing factors as appropriate:(1) The physical and chemical charac-

teristics of the regulated substance, in-cluding its toxicity, persistence, andpotential for migrati on;

(2) T he hydrogeologic characteri sti csof the facility and the surroundingarea;

(3) The proximit y, qualit y, and cur-rent and future uses of nearby surfacewater and ground water;

(4) T he potential effects of residualcontaminati on on nearby surface waterand ground water;

(5) A n exposure assessment; and(6) Any information assembled in

compli ance with thi s subpart .

(c) Upon approval of the correctiveaction plan or as directed by t he imple-menting agency, owners and operatorsmust implement the plan, includingmodifications to the plan made by theimplementi ng agency. They must mon-it or, evaluate, and report the result s ofimplementing the plan in accordancewith a schedule and in a format estab-lished by the implementing agency.

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

(1) Notify the implementing agencyof their int enti on to begin cleanup;

(2) Comply with any conditions im-posed by the implementing agency, in-cluding halting cleanup or mitigatingadverse consequences from cleanup ac-ti viti es; and

(3) Incorporate these self-initiatedcleanup measures in the corrective ac-tion plan that is submitted to the im-plementing agency for approval.

280.67 Public participation.

(a) For each confirmed release thatrequires a corrective action plan, theimplementing agency must provide no-tice to the public by means designed toreach those members of the public di-rectly affected by the release and theplanned correcti ve action. T his noti cemay incl ude, but is not l imi ted to, pub-lic notice in local newspapers, blockadvertisements, public service an-nouncements, publication in a stateregister, letters to individual house-

holds, or personal contacts by fieldstaff.

(b) The implementing agency mustensure that site release informationand decisions concerning the correctiveaction plan are made available to thepublic for inspection upon request.

(c) Before approving a corrective ac-tion plan, the implementing agencymay hold a public meeting to considercomments on the proposed correctiveaction plan if there is sufficient publicint erest, or for any ot her r eason.

(d) The implementing agency mustgive public notice that complies withparagraph (a) of this section if imple-mentation of an approved corrective

action plan does not achieve the estab-lished cleanup levels in the plan andtermination of that plan is under con-sideration by the implementing agen-cy.

Subpart GOut-of-Serv ice USTSyste m s a nd C losure

280.70 Temporary closure.

(a) When an UST system is tempo-rarily closed, owners and operatorsmust continue operation and mainte-nance of corrosion protection in ac-cordance with 280.31, and any releasedetection in accordance with subpart

D. Subpart s E and F must be compli edwith if a release is suspected or con-firmed. However, release detection isnot required as long as the UST systemis empty. T he UST system is emptywhen all materials have been removedusing 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.


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40 CFR Ch. I (7198 Edition) 2 8 0 .7 1

(b) When an UST system is tempo-rarily closed for 3 months or more,owners and operators must also complywith the foll owing requir ements:

(1) L eave vent l ines open and func-tioning; and

(2) Cap and secure all other lines,pumps, manways, and ancillary equip-ment.

(c) When an UST system is tempo-rarily closed for more than 12 months,owners and operators must perma-nentl y close the UST system if i t doesnot meet either performance standards

in 280.20 for new UST systems or theupgrading requirements in 280.21, ex-cept tha t the spill and overfill equip-ment requirements do not have to bemet. Owners and operators must per-manently close the substandard USTsystems at the end of t his 12-month pe-riod in accordance with 280.71280.74,unless the implementing agency pro-vides an extension of the 12-monthtemporary closure period. Owners andoperators must complete a site assess-ment in accordance with 280.72 beforesuch an extension can be appl ied for.

280.71 Permanent closure andchanges-in-service.

(a) A t least 30 days before beginningeither permanent closure or a change-in-service under paragraphs (b) and (c)of this section, or within another rea-sonable time period determined by theimplementi ng agency, owners and oper-ators must notify the implementingagency of their intent to permanentlyclose or make the change-in-service,unless such action is in response to cor-recti ve act ion. T he required assess-ment of the excavation zone under280.72 must be performed after notify-ing the implementing agency but be-fore completion of the permanent clo-sure or a change-in-servi ce.

(b) T o permanentl y close a tank ,

owners and operators must empty andclean it by removing all liquids and ac-cumulated sludges. Al l tank s tak en outof service permanently must also be ei-ther removed from the ground or filledwith an i nert soli d material.

(c) Continued use of an UST systemto store a non-regulated substance isconsidered a change-in-service. Beforea change-in-service, owners and opera-tors must empty and clean the tank by

removing all liquid and accumulatedsludge and conduct a site assessment inaccor dance with 280.72.

NOT E : T he foll owing cleaning and closureprocedures may be used to comply with thissection:

(A) American Petroleum Institute Rec-ommended Pract ice 1604, Removal and Di s-posal of U sed Underground P etroleum St or-age Tanks;

(B) American Petroleum Institute P ubli ca-ti on 2015, Cleaning P etrol eum St orageT ank s;

(C) American Petroleum Instit ute Rec-ommended P ract ice 1631, Interi or L ining ofUnderground Storage T anks, may be usedas guidance for compli ance wit h this section;and

(D) The National I nstit ute for Occupa-ti onal Safety and Healt h Cri teri a for a R ec-ommended Standard * * * Working in Con-fined Space may be used as guidance forconducting safe closure procedures at somehazardous substance tank s.

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 thepresence of a release where contamina-tion is most likely to be present at the

UST site. I n selecting sample types,sample locations, and measurementmethods, owners and operators mustconsider the method of closure, the na-ture of the stored substance, the typeof backfill, the depth to ground water,and other factors appropriate for iden-ti fyi ng the presence of a release. T herequirements of this section are satis-fied if one of the external release detec-tion methods al lowed in 280.43 (e) and(f) is operating in accordance with therequirements in 280.43 at the ti me ofclosure, and indicates no release hasoccurred.

(b) If contaminated soils, contami-nated ground water, or free product as

a liquid or vapor is discovered underparagraph (a) of this section, or by anyother manner, owners and operatorsmust begin correcti ve acti on in accord-ance with subpart F .

280.73 Applicability to previouslyclosed UST systems.

When directed by the implementingagency, the owner and operator of anUST system permanentl y closed before


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December 22, 1988 must assess the exca-vati on zone and close the UST systemin accordance with this subpart if re-leases from the UST may, in t he judg-ment of the implementing agency, posea current or potential threat to humanhealth and the environment.

280.74 Closure records.

Owners and operators must maintainrecords in accor dance wit h 280.34 thatare capable of demonstrating compli-ance with closure requirements underthi s subpart. T he results of the exca-

vation zone assessment required in280.72 must be maint ained for at least3 years after completion of permanentclosure or change-in-service in one ofthe foll owing ways:

(a) By the owners and operators whotook the UST system out of servi ce;

(b) By the current owners and opera-tors of the UST system site; or

(c) By mailing these records to theimplementi ng agency i f t hey cannot bemaintained at the closed facil it y.

Subpart HFinancia lResp o nsib ility

SOURCE : 53 F R 43370, Oct . 26, 1988, unlessotherwise noted.

280.90 Applicability.

(a) This subpart appl ies to ownersand operators of all petroleum under-ground storage tank (UST ) systems ex-cept as otherwise provided in this sec-tion.

(b) Owners and operators of petro-leum UST systems are subject t o theserequirements if they are in operationon or after the date for compliance es-tabl ished in 280.91.

(c) State and F ederal government en-tities whose debts and liabilities arethe debts and liabilities of a state orthe United States are exempt from therequirements of thi s subpart.

(d) The requirements of thi s subpartdo not apply to owners and operators ofany US T system descri bed in 280.10 (b)or (c).

(e) If t he owner and operat or of a pe-troleum underground storage tank areseparate persons, only one person i s re-quired to demonstrate financial re-sponsibility; however, both parties areliable in event of noncompliance. Re-

gardless of which party complies, thedate set for compliance at a particularfacili ty is determined by t he character-istics of the owner as set forth in280.91.

280.91 Compliance dates.

Owners of petroleum undergroundstorage tanks are required to complywith the requirements of this subpartby the following dates:

(a) All petroleum marketing firmsowning 1,000 or more UST s and allother UST owners that report a tan-gible net worth of $20 million or moreto the U.S. Securities and ExchangeCommission (SEC), Dun and Brad-street, the Energy Information Admin-istration, or the Rural ElectrificationAdmini strati on; J anuary 24, 1989, ex-cept that compliance with 280.94(b) isrequired by: J uly 24, 1989.

(b) All petroleum marketing firmsowni ng 100999 UST s; October 26, 1989.

(c) All petroleum marketing firmsowning 1399 US T s at more than one fa-ci l i ty; A pri l 26, 1991.

(d) A ll petr oleum UST owners not de-scribed in paragraphs (a), (b), or (c) ofthis section, excluding local govern-

ment entities; December 31, 1993.(e) All local government entities (in-cluding Indian tribes) not included inparagraph (f) of thi s secti on; F ebruary18, 1994.

(f) Indian tr ibes that own UST s onIndian lands which meet the appli cabletechnical requirements of this part;December 31, 1998.

[53 F R 43370, Oct. 26, 1988, as amended at 54F R 5452, F eb. 3, 1989; 55 FR 18567, May 2, 1990;55 F R 46025, Oct. 31, 1990; 56 F R 66373, Dec. 23,1991; 59 FR 9607, F eb. 28, 1994]

280.92 Definition of terms.

When used in this subpart, the fol-lowing terms shall have the meanings

given below:A ccident al release means any sudden

or nonsudden release of petrol eum froman underground storage tank that re-sults in a need for corrective actionand/or compensation for bodily injuryor property damage neither expectednor intended by the tank owner or op-erator.Bod i l y i n j u r y shall have the meaning

given to this term by applicable state


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Substan t i a l business relat i onship meansthe extent of a business relationshipnecessary under applicable state law tomake a guarantee contract issued inci-dent to that relationship valid and en-forceable. A guarantee contract isissued incident to that relat ionshi pif it arises from and depends on exist-ing economic transactions between theguarantor and the owner or operator.Substan t ia l governmenta l re la t ionsh ip

means the extent of a governmental re-lationship necessary under applicablestate law to make an added guaranteecontract issued incident to that rela-tionship valid and enforceable. A guar-antee contract is issued incident tothat relationship if it arises from aclear commonality of interest in theevent of an US T release such as coter-minous boundaries, overlapping con-stituencies, common ground-water aq-uifer, or other relationship other thanmonetary compensation that providesa motivation for the guarantor to pro-vide a guarant ee.Tang ib le net w o r th means the tangible

assets that remain after deducting li-abilities; such assets do not include in-tangibles such as goodwill and rights

to patents or royal ti es. For purposes ofthis definition, assets means all ex-ist ing and all probable future economicbenefits obtained or controlled by aparticular entity as a result of pasttransactions.Te rmina t i on under 280.97(b)(1) and

280.97(b)(2) means onl y those changesthat could result in a gap in coverageas where the insured has not obtainedsubstitute coverage or has obtainedsubstitute coverage with a differentretroactive date than the retroactivedate of the ori ginal policy.

[53 F R 43370, Oct. 26, 1988, as amended at 54F R 47081, N ov. 9, 1989; 58 F R 9050, F eb. 18,1993]

280.93 Amount and scope of requiredfinancial responsibility.

(a) Owners or operators of petroleumunderground storage tanks must dem-onstrate financial responsibility fortaking corrective action and for com-pensating third parties for bodily in-

jury and propert y damage caused byaccidental releases arising from the op-eration of petroleum underground stor-

age tanks in at least the following per-occurrence amounts:

(1) F or owners or operat ors of petr o-leum underground storage tanks thatare located at petroleum marketing fa-cilities, or that handle an average ofmore than 10,000 gallons of petroleumper month based on annual throughputfor the previous calendar year; $1 mil-lion.

(2) F or al l other owners or operatorsof petroleum underground storagetanks; $500,000.

(b) Owners or operators of petroleum

underground storage tanks must dem-onstrate financial responsibility fortaking corrective action and for com-pensating third parties for bodily in-

jury and propert y damage caused byaccidental releases arising from the op-eration of petroleum underground stor-age tanks in at least the following an-nual aggregate amounts:

(1) F or owners or operat ors of 1 to 100petroleum underground storage tanks,$1 million; and

(2) F or owners or operators of 101 ormore petroleum underground storagetank s, $2 mil li on.

(c) F or t he purposes of paragraphs (b)and (f) of this section, only, a petro-

leum underground storage tankmeans a single containment unit a

Documents

Standards - Under Ground Storage Tank