"Subpart A - 280.10-280.12 (PDF)"
§ 279.82 40 CFR Ch. I (7–1–05 Edition) the requirements of parts 257 and 258 of Subpart D—Release Detection this chapter. 280.40 General requirements for all UST sys- tems. § 279.82 Use as a dust suppressant. 280.41 Requirements for petroleum UST sys- (a) The use of used oil as a dust sup- tems. pressant is prohibited, except when 280.42 Requirements for hazardous sub- such activity takes place in one of the stance UST systems. 280.43 Methods of release detection for states listed in paragraph (c) of this tanks. section. 280.44 Methods of release detection for pip- (b) A State may petition (e.g., as part ing. of its authorization petition submitted 280.45 Release detection recordkeeping. to EPA under § 271.5 of this chapter or by a separate submission) EPA to allow Subpart E—Release Reporting, the use of used oil (that is not mixed Investigation, and Confirmation with hazardous waste and does not ex- 280.50 Reporting of suspected releases. hibit a characteristic other than ignit- 280.51 Investigation due to off-site impacts. ability) as a dust suppressant. The 280.52 Release investigation and confirma- State must show that it has a program tion steps. in place to prevent the use of used oil/ 280.53 Reporting and cleanup of spills and overfills. hazardous waste mixtures or used oil exhibiting a characteristic other than Subpart F—Release Response and Correc- ignitability as a dust suppressant. In tive Action for UST Systems Containing addition, such programs must mini- Petroleum or Hazardous Substances mize the impacts of use as a dust sup- pressant on the environment. 280.60 General. 280.61 Initial response. (c) List of States. [Reserved] 280.62 Initial abatement measures and site check. PART 280—TECHNICAL STANDARDS 280.63 Initial site characterization. AND CORRECTIVE ACTION RE- 280.64 Free product removal. 280.65 Investigations for soil and ground- QUIREMENTS FOR OWNERS AND water cleanup. OPERATORS OF UNDERGROUND 280.66 Corrective action plan. STORAGE TANKS (UST) 280.67 Public participation. Subpart G—Out-of-Service UST Systems Subpart A—Program Scope and Interim and Closure Prohibition 280.70 Temporary closure. Sec. 280.71 Permanent closure and changes-in- 280.10 Applicability. service. 280.11 Interim prohibition for deferred UST 280.72 Assessing the site at closure or systems. change-in-service. 280.12 Definitions. 280.73 Applicability to previously closed UST systems. Subpart B—UST Systems: Design, 280.74 Closure records. Construction, Installation and Notification Subpart H—Financial Responsibility 280.20 Performance standards for new UST systems. 280.90 Applicability. 280.21 Upgrading of existing UST systems. 280.91 Compliance dates. 280.92 Definition of terms. 280.22 Notification requirements. 280.93 Amount and scope of required fi- nancial responsibility. Subpart C—General Operating 280.94 Allowable mechanisms and com- Requirements binations of mechanisms. 280.95 Financial test of self-insurance. 280.30 Spill and overfill control. 280.96 Guarantee. 280.31 Operation and maintenance of corro- 280.97 Insurance and risk retention group sion protection. coverage. 280.32 Compatibility. 280.98 Surety bond. 280.33 Repairs allowed. 280.99 Letter of credit. 280.34 Reporting and recordkeeping. 280.100 Use of state-required mechanism. 464 VerDate Aug<04>2004 10:43 Aug 05, 2005 Jkt 205166 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Y:\SGML\205166.XXX 205166 Environmental Protection Agency § 280.11 280.101 State fund or other state assurance. (1) Any UST system holding haz- 280.102 Trust fund. ardous wastes listed or identified under 280.103 Standby trust fund. Subtitle C of the Solid Waste Disposal 280.104 Local government bond rating test. Act, or a mixture of such hazardous 280.105 Local government financial test. waste and other regulated substances. 280.106 Local government guarantee. 280.107 Local government fund. (2) Any wastewater treatment tank 280.108 Substitution of financial assurance system that is part of a wastewater mechanisms by owner or operator. treatment facility regulated under sec- 280.109 Cancellation or nonrenewal by a pro- tion 402 or 307(b) of the Clean Water vider of financial assurance. Act. 280.110 Reporting by owner or operator. (3) Equipment or machinery that 280.111 Recordkeeping. contains regulated substances for oper- 280.112 Drawing on financial assurance ational purposes such as hydraulic lift mechanisms. tanks and electrical equipment tanks. 280.113 Release from the requirements. (4) Any UST system whose capacity 280.114 Bankruptcy or other incapacity of owner or operator or provider of finan- is 110 gallons or less. cial assurance. (5) Any UST system that contains a 280.115 Replenishment of guarantees, letters de minimis concentration of regulated of credit, or surety bonds. substances. 280.116 Suspension of enforcement. [Re- (6) Any emergency spill or overflow served] containment UST system that is expe- ditiously emptied after use. Subpart I—Lender Liability (c) Deferrals. Subparts B, C, D, E, and 280.200 Definitions. G do not apply to any of the following 280.210 Participation in management. types of UST systems: 280.220 Ownership of an underground stor- (1) Wastewater treatment tank sys- age tank or underground storage tank tems; system or facility or property on which (2) Any UST systems containing ra- an underground storage tank or under- dioactive material that are regulated ground storage tank system is located. under the Atomic Energy Act of 1954 280.230 Operating an underground storage (42 U.S.C. 2011 and following); tank or underground storage tank sys- tem. (3) Any UST system that is part of an emergency generator system at nuclear APPENDIX I TO PART 280—NOTIFICATION FOR UNDERGROUND STORAGE TANKS (FORM) power generation facilities regulated APPENDIX II TO PART 280—LIST OF AGENCIES by the Nuclear Regulatory Commission DESIGNATED TO RECEIVE NOTIFICATIONS under 10 CFR part 50, appendix A; APPENDIX III TO PART 280—STATEMENT FOR (4) Airport hydrant fuel distribution SHIPPING TICKETS AND INVOICES systems; and AUTHORITY: 42 U.S.C. 6912, 6991, 6991a, 6991b, (5) UST systems with field-con- 6991c, 6991d, 6991e, 6991f, 6991g, 6991h. structed tanks. (d) Deferrals. Subpart D does not SOURCE: 53 FR 37194, Sept. 23, 1988, unless apply to any UST system that stores otherwise noted. fuel solely for use by emergency power generators. Subpart A—Program Scope and Interim Prohibition § 280.11 Interim prohibition for de- ferred UST systems. § 280.10 Applicability. (a) No person may install an UST (a) The requirements of this part system listed in § 280.10(c) for the pur- apply to all owners and operators of an pose of storing regulated substances UST system as defined in § 280.12 except unless the UST system (whether of as otherwise provided in paragraphs single- or double-wall construction): (b), (c), and (d) of this section. Any (1) Will prevent releases due to corro- UST system listed in paragraph (c) of sion or structural failure for the oper- this section must meet the require- ational life of the UST system; ments of § 280.11. (2) Is cathodically protected against (b) The following UST systems are corrosion, constructed of noncorrodible excluded from the requirements of this material, steel clad with a noncorrod- part: ible material, or designed in a manner 465 VerDate Aug<04>2004 10:43 Aug 05, 2005 Jkt 205166 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Y:\SGML\205166.XXX 205166 § 280.12 40 CFR Ch. I (7–1–05 Edition) to prevent the release or threatened re- ther galvanic anodes or impressed cur- lease of any stored substance; and rent. (3) Is constructed or lined with mate- Cathodic protection tester means a per- rial that is compatible with the stored son who can demonstrate an under- substance. standing of the principles and measure- (b) Notwithstanding paragraph (a) of ments of all common types of cathodic this section, an UST system without protection systems as applied to buried corrosion protection may be installed or submerged metal piping and tank at a site that is determined by a corro- systems. At a minimum, such persons sion expert not to be corrosive enough must have education and experience in to cause it to have a release due to cor- soil resistivity, stray current, struc- rosion during its operating life. Owners ture-to-soil potential, and component and operators must maintain records electrical isolation measurements of that demonstrate compliance with the buried metal piping and tank systems. requirements of this paragraph for the CERCLA means the Comprehensive remaining life of the tank. Environmental Response, Compensa- NOTE: The National Association of Corro- tion, and Liability Act of 1980, as sion Engineers Standard RP–02–85, ‘‘Control amended. of External Corrosion on Metallic Buried, Compatible means the ability of two Partially Buried, or Submerged Liquid Stor- or more substances to maintain their age Systems,’’ may be used as guidance for respective physical and chemical prop- complying with paragraph (b) of this section. erties upon contact with one another for the design life of the tank system § 280.12 Definitions. under conditions likely to be encoun- Aboveground release means any re- tered in the UST. lease to the surface of the land or to Connected piping means all under- surface water. This includes, but is not ground piping including valves, elbows, limited to, releases from the above- joints, flanges, and flexible connectors ground portion of an UST system and attached to a tank system through aboveground releases associated with which regulated substances flow. For overfills and transfer operations as the the purpose of determining how much regulated substance moves to or from piping is connected to any individual an UST system. UST system, the piping that joins two Ancillary equipment means any de- UST systems should be allocated equal- vices including, but not limited to, ly between them. such devices as piping, fittings, flanges, Consumptive use with respect to heat- valves, and pumps used to distribute, ing oil means consumed on the prem- meter, or control the flow of regulated ises. substances to and from an UST. Corrosion expert means a person who, Belowground release means any re- by reason of thorough knowledge of the lease to the subsurface of the land and physical sciences and the principles of to ground water. This includes, but is engineering and mathematics acquired not limited to, releases from the below- by a professional education and related ground portions of an underground practical experience, is qualified to en- storage tank system and belowground gage in the practice of corrosion con- releases associated with overfills and trol on buried or submerged metal pip- transfer operations as the regulated ing systems and metal tanks. Such a substance moves to or from an under- person must be accredited or certified ground storage tank. as being qualified by the National As- Beneath the surface of the ground sociation of Corrosion Engineers or be means beneath the ground surface or a registered professional engineer who otherwise covered with earthen mate- has certification or licensing that in- rials. cludes education and experience in cor- Cathodic protection is a technique to rosion control of buried or submerged prevent corrosion of a metal surface by metal piping systems and metal tanks. making that surface the cathode of an Dielectric material means a material electrochemical cell. For example, a that does not conduct direct electrical tank system can be cathodically pro- current. Dielectric coatings are used to tected through the application of ei- electrically isolate UST systems from 466 VerDate Aug<04>2004 10:43 Aug 05, 2005 Jkt 205166 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Y:\SGML\205166.XXX 205166 Environmental Protection Agency § 280.12 the surrounding soils. Dielectric bush- phase liquid (e.g., liquid not dissolved ings are used to electrically isolate in water.) portions of the UST system (e.g., tank Gathering lines means any pipeline, from piping). equipment, facility, or building used in Electrical equipment means under- the transportation of oil or gas during ground equipment that contains dielec- oil or gas production or gathering oper- tric fluid that is necessary for the oper- ations. ation of equipment such as trans- Hazardous substance UST system formers and buried electrical cable. means an underground storage tank Excavation zone means the volume system that contains a hazardous sub- containing the tank system and back- stance defined in section 101(14) of the fill material bounded by the ground Comprehensive Environmental Re- surface, walls, and floor of the pit and sponse, Compensation and Liability trenches into which the UST system is Act of 1980 (but not including any sub- placed at the time of installation. stance regulated as a hazardous waste Existing tank system means a tank under subtitle C) or any mixture of system used to contain an accumula- such substances and petroleum, and tion of regulated substances or for which is not a petroleum UST system. which installation has commenced on Heating oil means petroleum that is or before December 22, 1988. Installa- No. 1, No. 2, No. 4—light, No. 4—heavy, tion is considered to have commenced No. 5—light, No. 5—heavy, and No. 6 if: technical grades of fuel oil; other resid- (a) The owner or operator has ob- ual fuel oils (including Navy Special tained all federal, state, and local ap- Fuel Oil and Bunker C); and other fuels provals or permits necessary to begin when used as substitutes for one of physical construction of the site or in- these fuel oils. Heating oil is typically stallation of the tank system; and if, used in the operation of heating equip- (b)(1) Either a continuous on-site ment, boilers, or furnaces. physical construction or installation Hydraulic lift tank means a tank hold- program has begun; or, ing hydraulic fluid for a closed-loop (2) The owner or operator has entered mechanical system that uses com- into contractual obligations—which pressed air or hydraulic fluid to oper- cannot be cancelled or modified with- ate lifts, elevators, and other similar out substantial loss—for physical con- devices. struction at the site or installation of Implementing agency means EPA, or, the tank system to be completed with- in the case of a state with a program in a reasonable time. approved under section 9004 (or pursu- Farm tank is a tank located on a ant to a memorandum of agreement tract of land devoted to the production with EPA), the designated state or of crops or raising animals, including local agency responsible for carrying fish, and associated residences and im- out an approved UST program. provements. A farm tank must be lo- Liquid trap means sumps, well cellars, cated on the farm property. ‘‘Farm’’ in- and other traps used in association cludes fish hatcheries, rangeland and with oil and gas production, gathering, nurseries with growing operations. and extraction operations (including Flow-through process tank is a tank gas production plants), for the purpose that forms an integral part of a produc- of collecting oil, water, and other liq- tion process through which there is a uids. These liquid traps may tempo- steady, variable, recurring, or inter- rarily collect liquids for subsequent mittent flow of materials during the disposition or reinjection into a pro- operation of the process. Flow-through duction or pipeline stream, or may col- process tanks do not include tanks lect and separate liquids from a gas used for the storage of materials prior stream. to their introduction into the produc- Maintenance means the normal oper- tion process or for the storage of fin- ational upkeep to prevent an under- ished products or by-products from the ground storage tank system from re- production process. leasing product. Free product refers to a regulated sub- Motor fuel means petroleum or a pe- stance that is present as a non-aqueous troleum-based substance that is motor 467 VerDate Aug<04>2004 10:43 Aug 05, 2005 Jkt 205166 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Y:\SGML\205166.XXX 205166 § 280.12 40 CFR Ch. I (7–1–05 Edition) gasoline, aviation gasoline, No. 1 or No. Pipe or Piping means a hollow cyl- 2 diesel fuel, or any grade of gasohol, inder or tubular conduit that is con- and is typically used in the operation structed of non-earthen materials. of a motor engine. Pipeline facilities (including gathering New tank system means a tank system lines) are new and existing pipe rights- that will be used to contain an accu- of-way and any associated equipment, mulation of regulated substances and facilities, or buildings. for which installation has commenced Regulated substance means: after December 22, 1988. (See also ‘‘Ex- (a) Any substance defined in section isting Tank System.’’) 101(14) of the Comprehensive Environ- mental Response, Compensation and Noncommercial purposes with respect Liability Act (CERCLA) of 1980 (but to motor fuel means not for resale. not including any substance regulated On the premises where stored with re- as a hazardous waste under subtitle C), spect to heating oil means UST sys- and tems located on the same property (b) Petroleum, including crude oil or where the stored heating oil is used. any fraction thereof that is liquid at Operational life refers to the period standard conditions of temperature and beginning when installation of the pressure (60 degrees Fahrenheit and tank system has commenced until the 14.7 pounds per square inch absolute). time the tank system is properly The term ‘‘regulated substance’’ in- closed under Subpart G. cludes but is not limited to petroleum Operator means any person in control and petroleum-based substances com- of, or having responsibility for, the prised of a complex blend of hydro- daily operation of the UST system. carbons derived from crude oil though Overfill release is a release that occurs processes of separation, conversion, up- when a tank is filled beyond its capac- grading, and finishing, such as motor ity, resulting in a discharge of the reg- fuels, jet fuels, distillate fuel oils, re- ulated substance to the environment. sidual fuel oils, lubricants, petroleum Owner means: solvents, and used oils. (a) In the case of an UST system in Release means any spilling, leaking, use on November 8, 1984, or brought emitting, discharging, escaping, leach- into use after that date, any person ing or disposing from an UST into who owns an UST system used for stor- ground water, surface water or sub- age, use, or dispensing of regulated surface soils. substances; and Release detection means determining (b) In the case of any UST system in whether a release of a regulated sub- use before November 8, 1984, but no stance has occurred from the UST sys- longer in use on that date, any person tem into the environment or into the who owned such UST immediately be- interstitial space between the UST sys- fore the discontinuation of its use. tem and its secondary barrier or sec- ondary containment around it. Person means an individual, trust, Repair means to restore a tank or firm, joint stock company, Federal UST system component that has agency, corporation, state, munici- caused a release of product from the pality, commission, political subdivi- UST system. sion of a state, or any interstate body. Residential tank is a tank located on ‘‘Person’’ also includes a consortium, a property used primarily for dwelling joint venture, a commercial entity, and purposes. the United States Government. SARA means the Superfund Amend- Petroleum UST system means an un- ments and Reauthorization Act of 1986. derground storage tank system that Septic tank is a water-tight covered contains petroleum or a mixture of pe- receptacle designed to receive or proc- troleum with de minimis quantities of ess, through liquid separation or bio- other regulated substances. Such sys- logical digestion, the sewage dis- tems include those containing motor charged from a building sewer. The ef- fuels, jet fuels, distillate fuel oils, re- fluent from such receptacle is distrib- sidual fuel oils, lubricants, petroleum uted for disposal through the soil and solvents, and used oils. settled solids and scum from the tank 468 VerDate Aug<04>2004 10:43 Aug 05, 2005 Jkt 205166 PO 00000 Frm 00478 Fmt 8010 Sfmt 8010 Y:\SGML\205166.XXX 205166 Environmental Protection Agency § 280.20 are pumped out periodically and hauled (2) The Hazardous Liquid Pipeline to a treatment facility. Safety Act of 1979 (49 U.S.C. App. 2001, Storm-water or wastewater collection et seq.), or system means piping, pumps, conduits, (3) Which is an intrastate pipeline fa- and any other equipment necessary to cility regulated under state laws com- collect and transport the flow of sur- parable to the provisions of the law re- face water run-off resulting from pre- ferred to in paragraph (d)(1) or (d)(2) of cipitation, or domestic, commercial, or this definition; industrial wastewater to and from re- (e) Surface impoundment, pit, pond, tention areas or any areas where treat- or lagoon; ment is designated to occur. The col- (f) Storm-water or wastewater collec- lection of storm water and wastewater tion system; does not include treatment except (g) Flow-through process tank; where incidental to conveyance. (h) Liquid trap or associated gath- Surface impoundment is a natural ering lines directly related to oil or gas topographic depression, man-made ex- production and gathering operations; cavation, or diked area formed pri- or (i) Storage tank situated in an under- marily of earthen materials (although ground area (such as a basement, cel- it may be lined with man-made mate- lar, mineworking, drift, shaft, or tun- rials) that is not an injection well. nel) if the storage tank is situated Tank is a stationary device designed upon or above the surface of the floor. to contain an accumulation of regu- lated substances and constructed of The term ‘‘underground storage tank’’ non-earthen materials (e.g., concrete, or ‘‘UST’’ does not include any pipes steel, plastic) that provide structural connected to any tank which is de- support. scribed in paragraphs (a) through (i) of this definition. Underground area means an under- Upgrade means the addition or ret- ground room, such as a basement, cel- rofit of some systems such as cathodic lar, shaft or vault, providing enough protection, lining, or spill and overfill space for physical inspection of the ex- controls to improve the ability of an terior of the tank situated on or above underground storage tank system to the surface of the floor. prevent the release of product. Underground release means any below- UST system or Tank system means an ground release. underground storage tank, connected Underground storage tank or UST underground piping, underground an- means any one or combination of tanks cillary equipment, and containment (including underground pipes con- system, if any. nected thereto) that is used to contain Wastewater treatment tank means a an accumulation of regulated sub- tank that is designed to receive and stances, and the volume of which (in- treat an influent wastewater through cluding the volume of underground physical, chemical, or biological meth- pipes connected thereto) is 10 percent ods. or more beneath the surface of the ground. This term does not include Subpart B—UST Systems: Design, any: Construction, Installation and (a) Farm or residential tank of 1,100 Notification gallons or less capacity used for stor- ing motor fuel for noncommercial pur- § 280.20 Performance standards for poses; new UST systems. (b) Tank used for storing heating oil In order to prevent releases due to for consumptive use on the premises structural failure, corrosion, or spills where stored; and overfills for as long as the UST (c) Septic tank; system is used to store regulated sub- (d) Pipeline facility (including gath- stances, all owners and operators of ering lines) regulated under: new UST systems must meet the fol- (1) The Natural Gas Pipeline Safety lowing requirements. Act of 1968 (49 U.S.C. App. 1671, et seq.), (a) Tanks. Each tank must be prop- or erly designed and constructed, and any 469 VerDate Aug<04>2004 10:43 Aug 05, 2005 Jkt 205166 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Y:\SGML\205166.XXX 205166