40 C.F.R. § 282, app A to Part 282
The following is an informational listing of the state requirements incorporated by reference in part 282 of the Code of Federal Regulations:
Alabama
(a) The statutory provisions include: Alabama Underground Storage Tank and Wellhead Protection Act of 1988, Ala. Code sections 22-36-1 to 22-36-10 (1988):
Section 22-36-1 Short title.
Section 22-36-2 Definitions.
Section 22-36-4 Information to be furnished by owner upon request of department; owner to permit access of records and entry and inspection of facilities, insofar as it imposes requirements on owners and operators of underground storage tank systems.
(b) The regulatory provisions include:
Alabama Underground Storage Tank Control Regulations, Ala. Admin. Code r. 335-6-15-.01 to 335-6-15-.49 (2017):
Rule 335-6-15-.02 Definitions.
Rule 335-6-15-.03 Applicability.
Rule 335-6-15-.04 Installation Requirements For Partially Excluded UST Systems.
Rule 335-6-15-.05 Notification Requirements.
Rule 335-6-15-.06 Performance Standards For New UST Systems, And Dispensers.
Rule 335-6-15-.07 Upgrading Of Existing UST Systems.
Rule 335-6-15-.08 Plans and Specifications.
Rule 335-6-15-.09 Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment And Containment Systems; And Walkthrough Inspections.
Rule 335-6-15-.10 Operation and Maintenance of Corrosion Protection.
Rule 335-6-15-.11 Compatibility.
Rule 335-6-15-.12 Repairs Allowed.
Rule 335-6-15-.13 Reporting And Recordkeeping, insofar as it imposes requirements on owners and operators.
Rule 335-6-15-.14 General Release Detection Requirements For All UST Systems.
Rule 335-6-15-.15 Release Detection Requirements For Petroleum UST Systems.
Rule 335-6-15-.16 Release Detection Requirements For Hazardous Substance UST Systems.
Rule 335-6-15-.17 Methods Of Release Detection For Underground Storage Tanks.
Rule 335-6-15-.18 Methods Of Release Detection For Underground Piping.
Rule 335-6-15-.19 Release Detection Recordkeeping, insofar as it imposes requirements on owners and operators.
Rule 335-6-15-.20 Reporting Of Suspected Releases.
Rule 335-6-15-.21 Investigation Due To Environmental Impacts.
Rule 335-6-15-.22 Release Investigation And Confirmation Steps.
Rule 335-6-15-.23 Reporting And Cleanup Of Spills And Overfills.
Rule 335-6-15-.24 Initial Release Response.
Rule 335-6-15-.25 Initial Abatement Measures And Preliminary Investigation.
Rule 335-6-15-.26 Preliminary Investigation Requirements.
Rule 335-6-15-.27 Free Product Removal.
Rule 335-6-15-.28 Secondary Investigation Requirements.
Rule 335-6-15-.29 Corrective Action Plan.
Rule 335-6-15-.30 Corrective Action Requirements.
Rule 335-6-15-.33 Temporary Closure.
Rule 335-6-15-.34 Permanent Closure And Changes-In-Service.
Rule 335-6-15-.35 Site Closure Or Change-In-Service Assessment.
Rule 335-6-15-.36 Applicability to Previously Closed UST Systems.
Rule 335-6-15-.37 Closure Records.
Rule 335-6-15-.43 Financial Responsibility for Petroleum UST Owners And Operators.
Rule 335-6-15-.46 Operator Training.
Rule 335-6-15-.48 UST Systems With Field-Constructed Tanks And UST Systems With Airport Hydrant Fuel Distribution Systems.
(c) Copies of Alabama statutes that are incorporated by reference are available from the Legislative Services Agency, Alabama State House, Suite 613, 11 South Union Street, Montgomery, Alabama 36110-2400; Phone number: (334) 271-7700; website: http://lsa.state.al.us. Copies of Alabama regulations that are incorporated by reference are available at the following website: http://www.alabamaadministrativecode.state.al.us.
Arkansas
(a) The regulatory provisions include: Arkansas Pollution Control and Ecology Commission (APC&EC) Regulation No. 12 Storage Tanks, as amended effective August 24, 2018:
Chapter 1 General Provisions, Reg. 12.103 Definitions, except (B)(1), Reg. 12.104 Incorporation of Federal Regulations, Reg. 12.105 Records, Reg. 12.106 Entry and Inspection of Underground Storage Tank Facilities, Reg. 12.108 Notice Requirements, Reg. 12.109 Secondary Containment;
Chapter 2 Registration of Storage Tanks, Reg. 12.201(A);
Chapter 5: Licensing of Underground Storage Tank Installers and Service Personnel, Reg. 12.502 Definitions, Reg. 12.503 Applicability, Reg. 12.504 General Requirements, Reg. 12.505 Surety Requirement, Reg. 12.506 Notification Requirement, Reg. 12.507 Contractor Licensing, Reg. 12.508 Individual Licensing, Reg. 12.509 Contractor/Individual Licensing, Reg. 12.510 Experience Requirements, Reg. 12.511 Licensing Examination, Reg. 12.512 Renewal of Licenses, Reg. 12.513 Denial of Licenses, Reg. 12.514 Department Approval of Training and Continuing Education;
Chapter 6: Licensing of Underground Storage Tank Testers, Reg. 12.602 Definitions, Reg. 12.603 Applicability, Reg. 12.604 General Requirements, Reg. 12.605 Surety Requirement, Reg. 12.606 Company Licensing, Reg. 12.607 Individual Licensing, Reg. 12.608 Company/Individual Licensing, Reg. 12.609 Experience Requirements, Reg. 12.610 Renewal of Licenses, Reg. 12.611 Denial of Licenses, Reg. 12.612 Department Approval of Training and Continuing Education; and
Chapter 7: Operator Training, Reg. 12.702 Definitions, Reg. 12.703 Applicability, Reg. 12.704 General Requirements, Reg. 12.705 Class A Operator Certification, Reg. 12.706 Class B Operator Certification, Reg. 12.707 Class C Operator Training, Reg. 12.708 Operator Examination.
(b) Copies of the Arkansas regulations that are incorporated by reference are available from the Arkansas Department of Environmental Quality (ADEQ) website at http://www.adeq.state.ar.us/regs/default.htm or the Public Outreach Office, ADEQ, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317; Phone number: (501) 682-0923.
Colorado
(a) The statutory provisions include: Colorado Revised Statutes (2018), Title 8 Labor and Industry, Article 20.5 Petroleum Storage Tanks, Part 1 Administration: Section 8-20.5-101(16) definition of "tank".
(b) The regulatory provisions include:
(1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14 "Department of Labor and Employment, Division of Oil and Public Safety, Storage Tank Regulations":
Article 1 General Provisions:
Section 1-5 Definitions, except "aboveground storage tank" (AST), "aboveground storage tank (AST) system," "fire resistant tank," "motor fuel," the phrase "or above ground" in the definition of "operator," Item (3) in the definition of "owner" relative to ASTs, and paragraph relative to ASTs in the definition of "secondary containment"; 1-6 Glossary of Acronyms and Initializations;
Article 2 Underground Storage Tanks:
Section 2-1 UST Program Scope and Applicability; Subsections 2-1-1 Applicability; 2-1-2 Determination of ownership and use;
Section 2-2 UST Design, Construction, Installation and Registration; Subsections 2-2-1 Design and Performance standards for new and replaced UST systems; 2-2-2 Installation; 2-2-2-1 Installation Application; 2-2-2-2 Installation Requirements; 2-2-2-3 Installation Inspection; 2-2-3 UST System Registration; 2-2-4 Upgrading existing UST System; 2-2-5 Repairs;
Section 2-3 Operation; Subsections 2-3-1 Operator training; 2-3-1-1 Classes of Operators; 2-3-1-2 Class A Operator; 2-3-1-3 Class B Operator; 2-3-1-4 Class C Operator; 2-3-1-5 Acceptable Training and Certification Processes; 2-3-1-6 Training and Certification Deadlines and Schedules; 2-3-1-7 Retraining Requirements; 2-3-1-8 Documentation; 2-3-2 Spill and Overfill Prevention; 2-3-3 Corrosion Protection; 2-3-4 Release Detection; 2-3-4-1 General requirements for all UST systems; 2-3-4-2 Requirements for regulated substance UST Systems; 2-3-4-3 Requirements for Piping; 2-3-4-4 Requirements for hazardous substance UST systems; 2-3-5 Periodic testing of spill prevision equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment; 2-3-6 Compliance inspections; 2-3-6-1 Monthly Compliance Inspections; 2-3-6-2 Annual Operational Compliance Inspections; 2-3-6-3 Inspections Conducted by the Director; 2-3-7 Reporting and Record Keeping;
Section 2-4 Closure of UST Systems; Subsections 2-4-1 Temporary Closure; 2-4-2 Permanent Closure; 2-4-3 Site Assessment;
Section 2-5 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems; Subsections 2-5-1 Definitions; 2-5-2 General requirements; 2-5-3 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems;
Article 4 Release Identification And Reporting:
Sections 4-1 Suspected Releases; 4-2 Response to Suspected Releases; 4-3 Confirmed Releases;
Article 5 Release Response:
Section 5-1 Response to Confirmed Releases; Subsections 5-1-1 Acute human health hazards; 5-1-2 Chronic and secondary human health hazards and other environmental impacts; Section 5-2 Site Characterization;
Section 5-3 Corrective Action;
Section 5-4 No Further Action Request;
Article 7 Financial Responsibility Requirements For Owners/Operators Of Petroleum Underground Storage Tanks:
Section 7-1 Applicability;
Section 7-2 Financial Responsibility Mechanisms;
Section 7-3 Maintenance of Financial Responsibility.
(c) Copies of the Colorado statutes and regulations that are incorporated by reference are available from the following offices:
Statutes - Colorado Revisor of Statutes, 200 E. Colfax Avenue, Denver, CO 80203; Attn: Office of Legislative Legal Services; Phone number: (303) 866-2045; website: https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes.
Regulations - Colorado's Secretary of State, 1700 Broadway, Denver, CO 80290; Attn: Code of Colorado Regulations and Administrative Rules; Phone number: (303) 894-2200 ext. 6418; email: rules@sos.state.co.us; website: https://www.sos.state.co.us/CCR/Welcome.do.
Connecticut
(a) The statutory provisions include:
1. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449. Duties and powers of commissioner resources of potential pollution or damages. Licenses, regulations. Nonresidential underground storage tank systems. (a); (d); (e) except annual tank fee; and (f).
2. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449o. Requirement for double-walled underground storage tanks.
3. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-449q. Storage of underground storage tank system records.
4. Connecticut General Statutes Title 22A. Environmental Protection Chapter 446K. Water Pollution Control, Section 22a-450. Report of discharge, spill, loss, seepage or filtration. Regulations.
(b) The regulatory provisions include:
1. RCSA, Title 22a. Environmental Protection, Section 22a-449(d) Underground Storage Tank System Management (effective December 1, 2021).
Section 1 Control of the nonresidential underground storage and handling of oil and petroleum liquids, except (d)(1) and (2) notification of life expectancy determination, life expectancy (h)(1)-(3), and (l) variances.
Section 100 Reserved.
Section 101 Technical standards and corrective action for owners and operators of underground storage tank systems-program scope and interim prohibition.
Section 102 UST systems: design, construction installation and notification.
Section 103 General operating requirements.
Section 104 Release Detection.
Section 105 Release reporting, investigation, and confirmation.
Section 106 Release response and corrective action for UST systems containing petroleum or hazardous substances.
Section 107 Out-of-service UST systems and closure.
Section 108 Operator training required.
Section 109 Financial responsibility.
Section 110 UST system upgrading, abandonment and removal date.
Section 112 UST system location transfer.
Section 113 Transfer of UST system ownership, possession or control.
Delaware
(a) The statutory provisions include:
(1) Code of Delaware, Title 7, Chapter 74, Delaware Underground Storage Tank Act
Section 7401 Declaration of Purpose, except as to persons who are not owners or operators of USTs
Section 7402 Definitions, except "responsible party" as to persons who are not owners or operators of USTs
Section 7403 Referenced standards
Section 7404 Exemptions, except as to agricultural and residential USTs of 1,100 gallons or less used for storing motor fuel for noncommercial purposes and USTs containing heating fuel for consumptive use on the premises where stored
Section 7405 Registration by owner, except (a)(2) and (3) as to USTs containing heating fuel for consumptive use on the premises where stored
Section 7406 Release of substances prohibited; correction of substance release; Department intervention, except (a) through the introductory paragraph of (e) as to persons who are not owners or operators of USTs; except (e)(1)-(3) and (f)-(j)
Section 7407 Release detection, prevention and correction regulations
Section 7409 Delaware Underground Petroleum Storage Tank Response Fund, except (c) as to registration fees
Section 7410 Financial Responsibility
Section 7413 Variances
Section 7414 Leaking Underground Storage Tank Committee
Section 7415 Implementation and reporting requirements
Section 7416 Groundwater risk assessment
Section 7417 Use of Hazardous Substance Cleanup Act funding
Section 7425 Certification of underground storage tank contractors, except (a), (b), (d), and (e); (c) insofar as requires activities other than installation be completed by or in the presence of a certified individual
(2) [Reserved]
(b) The regulatory provisions include:
(1) Delaware Administrative Code, Title 7, Chapter 1351, Underground Storage Tank Systems
Part A: General Requirements for Underground Storage Tank Systems
Section 1351-A-1.0 General Provisions, except 1.2.1 as to persons who are not owners or operators of USTs, insofar as regulates UST systems not regulated under the federal regulations, and insofar as UST systems that contain de minimis concentrations of regulated substances are not explicitly exempt from regulation; 1.4; 1.6
Section 1351-A-2.0 Definitions, except "consumptive use" insofar as the term is limited to activities that do not result in monetary gain; "regulated substance" insofar as includes substances not regulated under the federal program; "responsible party" as to persons who are not owners or operators of USTs
Section 1351-A-3.0 Referenced Standards, except 3.1.10; 3.3.8
Section 1351-A-4.0 Registration and Notification Requirements, except 4.1.4 as to fees; 4.2; 4.5.2 and 4.6.2 as to USTs containing heating fuel for consumptive use on the premises where stored; 4.7.1 and 4.7.2 insofar as they require the Department to approve or deny construction work within fourteen days of receipt of notification form and construction plans; 4.9.1 insofar as requires permits be kept at the UST/construction site
Section 1351-A-5.0 Recordkeeping
Section 1351-A-6.0 Alternative Procedures Approval Requirements
Section 1351-A-8.0 Submittal of Confidential Information, except 8.1.1; 8.1.2; 8.1.4
Section 1351-A-10.0 Requirements for Operator Training, except 10.1.1 as to USTs containing heating fuel for consumptive use on the premises where stored
Section 1351-A-11.0 Use of Certified Contractors, except insofar as requires a certified individual to be present for activities other than installation, and as to USTs containing heating fuel for consumptive use on the premises where stored
Section 1351-A-12.0 Request for No Further Action Determination, except as to USTs containing heating fuel for consumptive use on the premises where stored
Section 1351-A-13.0 Additional Compatibility Requirements for Regulated Substances Containing Ethanol and Biodiesel
Section 1351-A-14.0 Conditions Required for Product Piping Slope Exemption
Part B: Requirements for Installation, Operation and Maintenance of Underground Storage Tank Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance UST Systems
Section 1351-B-1.0 Installation, Operation and Maintenance Requirements for UST Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance Installed on or After January 11, 2008, except 1.1.8; 1.3.2.4; 1.21.1, 1.22.1, 1.22.2, and 1.29.7.1
as to persons who are not owners or operators of USTs
Section 1351-B-2.0 Installation, Operation and Maintenance Requirements for UST Systems Storing Regulated Substance Installed Prior to January 11, 2008, Excluding Consumptive Use Heating Fuel or Hazardous Substance, except 2.1.8; 2.22.1, 2.23.1, 2.23.2, 2.30.7.1 as to persons who are not owners or operators of USTs
Section 1351-B-3.0 Change in Service Requirements for UST Systems Storing Regulated Substance Excluding Consumptive Use Heating Fuel or Hazardous Substance
Section 1351-B-4.0 Removal or Closure in Place Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance, except 4.2.1.3
Section 1351-B-5.0 Change In Substance Stored Requirements for UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance, except 5.2.1.3
Section 1351-B-6.0 Requirements for Empty UST Systems Storing Regulated Substance excluding Consumptive Use Heating Fuel or Hazardous Substance
Part D: Requirements for Installation, Operation and Maintenance of Underground Storage Tank Systems Storing Hazardous Substance
Section 1351-D-1.0 Installation, Operation and Maintenance Requirements for UST Systems Storing Hazardous Substance, except 1.3.2.4; 1.21.1, 1.22.1 and 1.22.2 as to persons who are not owners or operators of USTs
Section 1351-D-2.0 Change In Service Requirements for UST Systems Storing Hazardous Substance
Section 1351-D-3.0 Removal or Closure in Place Requirements for UST Systems Storing Hazardous Substance, except 3.2.1.3
Section 1351-D-4.0 Change In Substance Stored Requirements for UST Systems Storing Hazardous Substance, except 4.2.1.3
Section 1351-D-5.0 Requirements for Empty UST Systems Storing Hazardous Substance
Part E: Requirements for Reporting, Release Investigation, Remedial Action and No Further Action Determinations for Underground Storage Tank Systems
Section 1351-E-1.0 Reporting Requirements, except 1.2 and 1.3 as to persons who are not owners or operators of USTs
Section 1351-E-2.0 Indicated Release Investigation Requirements, except 2.1, 2.2, and 2.4 as to persons who are not owners or operators of USTs; 2.3.1 and 2.4.1.1 as to USTs containing heating fuel for consumptive use on the premises where stored
Section 1351-E-3.0 Release Response Requirements, except 3.1; 3.2 and 3.3 as to persons who are not owners or operators of USTs
Section 1351-E-4.0 Hydrogeologic Investigation Requirements, except as to persons who are not owners or operators of USTs
Section 1351-E-5.0 Remedial Action Requirements, except as to persons who are not owners or operators of USTs
Section 1351-E-6.0 No Further Action Requirements, except as to persons who are not owners or operators of USTs; 6.2.3 as to USTs containing heating fuel for consumptive use on the premises where stored
Part F: Financial Responsibility Requirements for UST Systems
Section 1351-F-1.0 Financial Responsibility Requirements for UST Systems
Section 1351-F-2.0 Financial Responsibility Mechanisms
Sections 1351-F-3.1 to -3.18 Forms A through R
Part H: Requirements for Installation, Operation and Maintenance of Field-Constructed Underground Storage Tank Systems
Section 1351-H-1.0 General Requirements, except 1.1.2.2 as to USTs containing heating fuel for consumptive use on the premises where stored
Section 1351-H-2.0 Additions, Exceptions, and Alternatives for UST systems with Field-Constructed Tanks
Part I: Requirements for Installation, Operation and Maintenance of Airport Hydrant Fuel Systems
Section 1351-I-1.0 General Requirements, except 1.1.2.2 as to USTs containing heating fuel for consumptive use on the premises where stored
Section 1351-I-2.0 Additions, Exceptions, and Alternatives for Airport Hydrant Fuel Systems
(2) [Reserved]
District of Columbia
(a) The statutory provisions include:
(1) Code of the District of Columbia, Division I, Title 8, Subtitle A, Chapter 1, Subchapter VII, Underground Storage Tank Management, sections 8-113.01-113.12
Section 8-113.01. Definitions, except (7)(C) and (9)(A)(ii)-(v)
Section 8-113.02. Notification, except (f)
Section 8-113.03. Release notification requirements, except (a) as to persons who are not owners or operators of underground storage tanks
Section 8-113.06. Certification, registration and licensing, except (b) as to fees; (c)-(d)
(2) [Reserved]
(b) The regulatory provisions include:
(1) District of Columbia Municipal Regulations, Title 20, Chapters 55-67 and 70, Underground Storage Tanks
Chapter 55 Underground Storage Tanks-General Provisions
Section 5500 Compliance with District Laws, except 5500.1(c)-(d); 5500.2
Section 5501 Applicability of UST regulations, except 5501.1 as to persons who are not owners or operators of underground storage tanks
Section 5502 Partial Applicability of UST Regulations to Particular UST Systems
Section 5503 Partial Applicability of UST Regulations to Heating Oil Tanks, except 5503.1-.2
Section 5505 Applicability to Emergency Generator UST Systems
Section 5506 Industry Codes and Standards
Section 5507 Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems
Chapter 56 Underground Storage Tanks-Notification, Registration, Recordkeeping, and Public Information
Section 5600 Notice of the Existence, Use, Purchase, Sale or Change in Service of an UST System, except as to persons who are not owners or operators of underground storage tanks; 5600.1(b)
Section 5601 Registration, except 5601.1 as to tanks that store heating oil for use on the premises where stored; 5601.2-.3 as to payment of fees; 5601.10 as to persons who are not owners or operators of underground storage tanks
Section 5602 Recordkeeping and Reports
Section 5603 Notice of Installation, Removal, Closure-in-Place, Repair, Upgrade, and Testing, except 5603.5 insofar as requires permits
Section 5604 Notice of Sale of Real Property, except as to persons who are not owners or operators of underground storage tanks, 5604.3-.4
Section 5607 Public Record Information
Chapter 57 Underground Storage Tanks-New Tank Performance Standards
Section 5700 Existing and New UST Systems-General Provisions, except 5700.4, .7, .8(b)
Section 5701 New Petroleum UST Systems
Section 5702 New Hazardous Substance UST Systems
Section 5704 New Piping for UST Systems
Section 5705 Spill and Overfill Prevention Equipment for New and Upgraded UST Systems
Section 5706 Installation of New UST Systems, except 5706.1 insofar as requires compliance with District fire codes
Chapter 58 Underground Storage Tanks-Operation and Maintenance of USTs
Section 5800 Existing UST System Upgrades
Section 5801 Tank Upgrades
Section 5802 Existing UST System Piping Upgrades
Section 5803 Spill and Overfill Prevention Equipment Upgrades
Section 5804 Tank Tightness Testing upon Upgrade
Chapter 59 Underground Storage Tanks-Operation and Maintenance of USTs
Section 5900 Spill and Overfill Control, except 5900.1-.3, .7 as to "agent in charge;" .10 as to "responsible party"
Section 5901 Tank Corrosion Protection
Section 5902 Repair or Replacement of UST Systems
Section 5903 Compatibility
Section 5904 Walkthrough Inspections, except 5904.5
Chapter 60 Underground Storage Tanks-Release Detection
Section 6000 Release Detection-General Provisions
Section 6001 Release Detection Recordkeeping
Section 6002 Release Detection for Hazardous Substance UST Systems
Section 6003 Release Detection for Petroleum UST System Tanks, except 6003.4
Section 6004 Release Detection for Petroleum UST System Piping
Section 6005 Inventory Control and Statistical Inventory Reconciliation
Section 6006 Manual Tank Gauging
Section 6007 Tank Tightness Testing
Section 6008 Automatic Tank Gauging
Section 6009 Vapor Monitoring
Section 6010 Groundwater Monitoring
Section 6011 Interstitial Monitoring
Section 6012 Statistical Inventory Reconciliation
Section 6013 Other Methods of Release Detection
Chapter 61 Underground Storage Tanks-Closure
Section 6100 Temporary Closure, except 6100.4
Section 6101 Permanent Closure and Change-In-Service
Section 6102 Previously Closed UST Systems
Section 6103 Closure Records
Chapter 62 Underground Storage Tanks-Reporting of Releases, Investigation, Confirmation, Assessment, and Corrective Action
Section 6200 Obligations of Responsible Parties-Releases, Spills, and Overfills
Section 6201 Reporting and Cleanup of Spills and Overfills
Section 6202 Reporting of Releases of Regulated Substances, except 6202.2
Section 6203 Site Investigation, Confirmation of Release, Initial Abatement, and Initial Site Assessment
Section 6204 Removal of Free Product
Section 6205 Comprehensive Site Assessment
Section 6206 Risk-Based Corrective Action (RBCA) Process
Section 6207 Corrective Action Plan and Its Implementation
Section 6208 Tier 0 Standards
Section 6209 Tiers 1 and 2 Standards
Section 6210 No Further Action and Case Closure Requirements, except 6210.8 insofar as requires permits
Section 6211 Public Participation in Corrective Action
Chapter 64 Underground Storage Tanks-Corrective Action by the District and Cost Recovery
Section 6400 Corrective Action by the District
Section 6401 Cost Recovery
Chapter 65 Underground Storage Tanks-Licensing, Certification, Operator Requirements, and Operator Training
Section 6500 Licensing and Certification of UST System Installers, Removers, Testers, and Technicians, except 6500.1-.4, .6-.10
Section 6502 Operator Designation
Section 6503 Operator Training and Training Program Approval
Chapter 67 Underground Storage Tanks-Financial Responsibility
Section 6700 Petroleum UST Systems
Section 6701 Financial Responsibility Mechanisms
Section 6702 Financial Responsibility Records and Reports
Section 6703 Financial Test of Self-Insurance
Section 6704 Financial Test of Self-Insurance: Test A
Section 6705 Financial Test of Self-Insurance: Test B
Section 6706 Guarantees
Section 6707 Insurance and Risk Retention Group Coverage
Section 6708 Surety Bonds
Section 6709 Letter of Credit
Section 6710 Private Trust Funds
Section 6711 Standby Trust Funds
Section 6712 Drawing on Financial Assurance Mechanism
Section 6713 Replenishment of Guarantees, Letters of Credit, or Surety Bonds
Section 6714 Cancellation or Non-Renewal of Financial Assurance
Section 6715 Bankruptcy or Incapacity
Appendix 67-1 Certification of Financial Responsibility
Appendix 67-2 Financial Test of Self Insurance Letter From Chief Financial Officer
Appendix 67-3 Guarantee
Appendix 67-4 Certificate of Insurance
Appendix 67-5 Endorsement
Appendix 67-6 Performance Bond
Appendix 67-7 Irrevocable Standby Letter of Credit
Appendix 67-8 Trust Agreement
Appendix 67-9 Certification of Valid Claim
Chapter 70 Underground Storage Tanks-Definitions
Section 7099 Definitions, except 7099.1 the definitions of "agent in charge," "authorized agent," "voluntary remediating party," and "voluntary remediation" and the definitions of "real property owner" and "responsible party" insofar as each definition includes persons who are not owners or operators of underground storage tanks
(2) [Reserved]
Georgia
(a) The statutory provisions include: Official Code of Georgia Annotated (2017), Title 12: "Conservation and Natural Resources," Chapter 13, "Georgia Underground Storage Tank Act":
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).s
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims against the guarantor; Underground Storage Tank Trust Fund, except (d) through (i).
Section 12-13-13 Notification by owner of underground storage tank, except (e).
(b) The regulatory provisions include: Rules and Regulations of the State of Georgia (November 6, 2017), Department 391: "Rules of the Georgia Department of Natural Resources," Chapter 3, "Environmental Protection," Subject 15, "Underground Storage Tank Management":
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i), and (1)(p) through (r).
Section 391-3-15-.05 UST Systems: Design, Construction, Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by reference are available from LexisNexis, Attn: Official Code of Georgia Annotated, 701 East Water Street, Charlottesville, VA 22902-5389; Phone number: 1-800-833-9844; website: http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis. Copies of the Georgia regulations that are incorporated by reference are available from the Administrative Procedures Division, Office of the Georgia Secretary of State, 5800 Jonesboro Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; website: http://rules.sos.ga.gov/gac/391-3-15.
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks.
Section 342L-1 Definitions (except "complaint" insofar as it sets forth enforcement authorities; "owner" insofar as it includes persons who hold indicia of ownership to protect an interest in a tank system; "permit" insofar as it sets forth a permitting program; and "regulated substance" insofar as it includes other substances as designated by the Department)
Section 342L-7.5 Record maintenance
Section 342L-30 Notification requirements (except paragraph (i) of this section insofar as it grants the Department authority to assess penalties for noncompliance)
Section 342L-32 Standards for tanks and tank systems
Section 342L-33 Release detection
Section 342L-34 Reporting of releases
Section 342L-35 Response to suspected or confirmed releases
Section 342L-36 Financial responsibility
Section 342L-37 Underground storage tank and tank system change in service and closure requirements
Section 342L-50 Definitions (except "owner" insofar as it defines lenders as operators and subjects such lenders to requirements other than the corrective action requirements)
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-1 Definitions
Section 342D-4 Duties; rules
Section 342D-7 Variances (Insofar as paragraph (a) of this appendix is applicable to the underground storage tank program)
Section 342D-38 Hazardous substance defined
Section 342D-50 Prohibition
Section 342D-51 Affirmative duty to report discharges
(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution Management and Control.
Section 342E-1 Definitions
Section 342E-2 Nonpoint source pollution management and control program
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks
Section 11-281-01 Applicability
Section 11-281-02 Prohibition for deferred underground storage tanks or tank systems
Section 11-281-03 Definitions (except "complaint" insofar as it sets forth enforcement authorities; "farm tank" insofar as it regulates tanks on farms that are not used for farm or commercial purposes; "field citation" and "force majeure" insofar as they relate to the Department's enforcement authorities; "regulated substance" insofar as the Department can designate other substances; "reportable quantity" insofar as it sets forth a reporting threshold of 10 lbs. for trichloropropane; and "underground storage tank" insofar as its designation of farm tanks exceeds the scope of the federal regulations)
Section 11-281-11 Performance standards for underground storage tanks and tank systems
Section 11-281-12 Tank requirements
Section 11-281-13 Piping requirements
Section 11-281-14 Spill and overfill prevention equipment
Section 11-281-15 Installation
Section 11-281-16 Certification of installation
Section 11-281-17 Secondary containment
Section 11-281-18 Upgrading of existing underground storage tanks and tank systems
Section 11-281-21 Notification requirements for tanks brought into use before the effective date of these rules
Section 11-281-22 Notification requirements for tanks brought into use on or after the effective date of these rules
Section 11-281-24 Application for a permit (except insofar as paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to the permitting program)
Section 11-281-25 Permit (except insofar as paragraphs (a) and (b) of this section relate to the permitting program)
Section 11-281-41 Spill and overfill control
Section 11-281-42 Operation and maintenance of corrosion protection systems
Section 11-281-43 Compatibility
Section 11-281-44 Repairs
Section 11-281-45 Reporting and recordkeeping (except paragraph (b)(3) of this section insofar as it addresses posting of signs; and paragraph (c)(6) insofar as it requires maintenance of permit records)
Section 11-281-51 General requirements for all underground storage tanks or tank systems
Section 11-281-52 Methods of release detection for tanks
Section 11-281-53 Methods of release detection for piping
Section 11-281-54 Release detection recordkeeping
Section 11-281-61 Reporting of suspected releases
Section 11-281-62 Investigation of off-site impacts
Section 11-281-63 Release investigation and confirmation steps
Section 11-281-64 Reporting and cleanup of spills and overfills
Section 11-281-71 General
Section 11-281-72 Immediate response actions
Section 11-281-74 Initial abatement measures and site assessment
Section 11-281-75 Initial site characterization
Section 11-281-76 Free product removal
Section 11-281-77 Investigation of soil and ground water contamination
Section 11-281-78 Site cleanup criteria
Section 11-281-78.1 Notification of confirmed releases
Section 11-281-79 Corrective action plan
Section 11-281-80 Public participation for corrective action plans [except paragraph (j) insofar as it sets forth enforcement authorities]
Section 11-281-80.1 Reporting and recordkeeping
Section 11-281-81 Temporary closure
Section 11-281-82 Permanent closure and change-in-service
Section 11-281-83 Site assessment
Section 11-281-84 Previously closed underground storage tanks or tank systems
Section 11-281-85 Closure records
Section 11-281-91 Applicability
Section 11-281-93 Definition of terms
Section 11-281-94 Amount and scope of required financial responsibility
Section 11-281-95 Allowable mechanisms and combinations of mechanisms
Section 11-281-96 Financial test of self-insurance
Section 11-281-97 Guarantee
Section 11-281-98 Insurance and risk retention group
Section 11-281-99 Surety bond
Section 11-281-100 Letter of credit
Section 11-281-101 Trust fund
Section 11-281-102 Standby trust fund
Section 11-281-103 Local government bond rating test
Section 11-281-104 Local government financial test
Section 11-281-106 Local government guarantee
Section 11-281-107 Local government fund
Section 11-281-108 Substitution of financial assurance mechanisms by owner or operator
Section 11-281-109 Cancellation or nonrenewal by a provider of financial assurance
Section 11-281-110 Reporting by owner or operator
Section 11-281-111 Recordkeeping
Section 11-281-112 Drawing on financial assurance mechanisms
Section 11-281-113 Release from financial responsibility
Section 11-281-114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance
Section 11-281-115 Replenishment of guarantees, letters of credit, or surety bonds
Section 11-281-131 Appendices I and III (Notification for Underground Storage Tanks, June 1999 and Certification of Underground Storage Tank Installation, June 1999)
(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste Management: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Subpart J, Tank Systems.
Section 11-264-190 Applicability
Section 11-264-191 Assessment of existing tank system's integrity
Section 11-264-192 Design and installation of new tank systems or components
Section 11-264-193 Containment and detection of releases
Section 11-264-194 General operating requirements
Section 11-264-195 Inspections
Section 11-264-196 Response to leaks or spills and disposition of leaking or unfit-for use tank systems
Section 11-264-197 Closure and post-closure care
Section 11-264-198 Special requirements for ignitable or reactive wastes
Section 11-264-199 Special requirements for incompatible wastes
Section 11-264-200 Air emission standards
Idaho
(a) The statutory provisions include:
(1) Idaho Code, Title 39, "Health and Safety," Chapter 1, "Environmental Quality - Health": Section 39-103, "Definitions," 39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, "Board - Composition - Officers - Compensation - Powers - Subpoena - Depositions - Review - Rules," 39-107(7).
(2) Idaho Code, Title 39, "Health and Safety," Chapter 88, "Idaho Underground Storage Tank Act": Sections 39-8803, "Definitions," -8804, "Program Scope," -8805, "Rules Governing Underground Storage Tank Systems," -8805A, "Compliance Dates for Certain Rules," -8806, "Additional Measures to Protect Ground Water," -8807, "Operator Training," -8808, "Inspections," -8809, "Delivery Prohibition," and -8810, "Underground Storage Tank Database."
(b) The regulatory provisions include:
(1) Idaho Administrative Code 58, Title 01, Chapter 07:
Section 004 Incorporation by Reference;
Section 010 Definitions (except 010.16, defining "Replace");
Section 100 Additional Measures to Protect Ground Water from Contamination (except 100.01-.03);
Section 101 Alternative Periodic Testing of Containment Sumps Used for Interstitial Monitoring of Piping;
Section 300 Training Requirements.
(2) Idaho Administrative Code 58, Title 01, Chapter 24.
(c) Copies of the Idaho provisions that are incorporated by reference are available from Idaho's Office of Administrative Rules Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number: 208-332-1820; website: https://adminrules.idaho.gov/.
Iowa
(a) The statutory provisions include Code of Iowa Chapter 455B, Jurisdiction of the Department of Natural Resources, Division IV, Solid Waste Disposal, Part 8-Underground Storage Tanks (455B.471 et seq.):
455B.471(5), (6), (7), (8), (9), (11)(a) and 11(b) except for as indicated: 471(11)(b)(1)(c)-Iowa specifically excludes residential septic tanks as being underground storage tanks making them more stringent; and 455B.471(11)(b)(2)-Iowa specifically excluded piping associated with tanks used for storing heating oil for consumptive use on the premises where stored as being underground storage tanks making them more stringent.
Iowa Code 455B.473 except for 455B.473(1), (2), (3) Iowa required the notification for USTs taken out of operation from January 1, 1974, to July 1, 1985, USTs that existed and still in operation on or before July 1, 1985, and those brought into service after July 1, 1985, making them more stringent.
(b) The regulatory provisions include 567 Iowa Administrative Chapter 135-Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks and Chapter 136-Financial Responsibility for Underground Storage Tanks:
567 IOWA ADMINISTRATIVE CODE CHAPTER 135-TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS
Iowa Administrative Code 135.2 except for the farm and residential tanks of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes component of the definition of underground storages tanks that requires that such tanks installed in Iowa after July 1, 1987, to be subject to the requirements of 567 Iowa Administrative Code Chapter 135 making them more stringent. All other definitions corresponding to those listed in 40 CFR 280.12 are incorporated by reference.
Iowa Administrative Code 135.1(3)(a), 135.1(3)(a)(4).
Iowa Administrative Code 135.3(1), 135.3(1)(a), 135.3(1)(a)(4)(2), 135.3(1)(b), 135.3(1)(c)(1) through (4), 135.3(1)(d), 135.3(1)(e), 135.3(1)(f)(1) and (4), except for IAC 135.3(1)(f)(2) and (3) language that specifies when under dispenser containment must be installed depending on what dispensing equipment is installed or replaced, what connections are made to the dispensers, and whether or not replaced or new piping is within 10 feet given dispensers making them more stringent.
Iowa Administrative Code 135.3(2)(b), 135.3(2)(c), 135.3(2)(d), except for IAC 135.3(3)(c) language Iowa requiring that owners must have tank tags affixed to the fill pipe in order to receive deliveries of product into the USTs they own making them more stringent.
Iowa Administrative Code 135.3(3)(d)(1) through (4) except for IAC 135.3(3)(h) language requiring that a person installing an underground storage tank and the owner or operator of the underground storage tank must notify the department of their intent to install the tank 30 days prior to installation making them more stringent.
Iowa Administrative Code 135.3(9), 135.3(9)(b)(2).
Iowa Administrative Code 135.4 except for 135.4(6)(a)(2), (3); IAC 135.4(8)(a)(2); IAC 135.4(8)(b)(1) language that specifies the codes of practice to be discussed during UST Operator training making them more stringent.
Iowa Administrative Code 135.4(1), 135.4(1)(b), 135.4(2)(a) through (d), 135.4(3), 135.4(3)(a), 135.4(4)(a), 135.4(4)(b), 135.4(4)(c)(1) and (3), 135.4(4)(d), 135.4(4)(e), 135.4(4)(f), 135.4(4)(h), 135.4(5)(a)(1) through (6), 135.4(5)(b), 135.4(5)(b)(8) and (11), 135.4(5)(c) except for IAC 135.4(6)(i) language requiring that C UST Operator be retrained in 15 days making them more stringent and except for IAC 135.4(8)(a)(12) language Iowa specifying what financial responsibility topics must be covered during Class A UST Operator Training making them more stringent.
Iowa Administrative Code 135.4(12), 135.4(12)(c), 135.4(13), 135.4(13)(e).
Iowa Administrative Code 135.5(1)(a) through (d), 135.5(2), 135.5(3), 135.5(4)(a), 135.5(4)(b), 135.5(4)(c), 135.5(4)(d)(1) through (3), 135.5(4)(e)(1) through (7), 135.5(4)(f), 135.5(4)(g)(1), 135.5(4)(g)(2), 135.5(4)(h)(1) and (2), 135.5(4)(i), 135.5(5)(a), 135.5(5)(b), 135.5(5)(c), 135.5(5)(d), 135.5(6) except for IAC 135.5(5)(d) language specifying the types of methods used for monitoring containment spaces, how often the monitoring is done, and containment should be kept free of liquid or debris that would affect the monitoring making them more stringent.
Iowa Administrative Code 135.6(1), 135.6(2), 135.6(3)(a), 135.6(4)(a) and (b).
Iowa Administrative Code 135.7(2), 135.7(3), 135.7(5)(a), 135.7(5)(b), (c), 135.7(5)(d)(1), 135.7(5)(d)(2), 135.7(5)(d)(4) through (8) except for IAC 135.7(5)(e) language requiring a 60-day timeframe for implementing and installing free product recovery system approved by the department making them more stringent:
Iowa Administrative Code 135.13.
Iowa Administrative Code 135.15(1)(a), 135.15(1)(b)(1), 135.15(1)(b)(2), 135.15(1)(b)(3), 135.15(1)(b)(6), 135.15(1)(c)(2), 135.15(1)(c)(3), 135.15(1)(c)(6), 135.15(1)(d) except for IAC 135.15(1)(f) language setting requirements for returning a UST to service after an extended period of temporary closure making them more stringent.
Iowa Administrative Code 135.15(2)(b) and (c), 135.15(3)(a) and (f), 135.15(5) except for IAC 135.15(2)(a) language requiring department approval for removals undertaken with less than 30 days of notice making them more stringent.
567 IOWA ADMINISTRATIVE CODE CHAPTER 136-FINANCIAL RESPONSIBILITY FOR UNDERGROUND STORAGE TANKS
Iowa Administrative Code 136.1 except for 136.1(4) requiring that farm and residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes installed in Iowa after July 1, 1987, be made subject to the requirements of 567 Iowa Administrative Code Chapter 136 making them more stringent.
Iowa Administrative Code 136.3
Iowa Administrative Code 136.4
Iowa Administrative Code 136.5
Iowa Administrative Code 136.6
Iowa Administrative Code 136.7
Iowa Administrative Code 136.8
Iowa Administrative Code 136.9
Iowa Administrative Code 136.10
Iowa Administrative Code 136.11
Iowa Administrative Code 136.12
Iowa Administrative Code 136.13
Iowa Administrative Code 136.14
Iowa Administrative Code 136.15
Iowa Administrative Code 136.16
Iowa Administrative Code 136.17
Iowa Administrative Code 136.18
Iowa Administrative Code 136.19
Iowa Administrative Code 136.20
Iowa Administrative Code 136.21
Iowa Administrative Code 136.22
Iowa Administrative Code 136.23 except for IAC 136.23(3) language requiring that department receives notice of bankruptcy within 10 days making them more stringent.
Iowa Administrative Code 136.24
Kansas
(a) The statutory provisions include Kansas Statutes Annotated, 2015; Chapter 65, Public Health; Article 34, Solid and Hazardous Waste; Section 100 et seq., Kansas Storage Tank Act:
Section 100 Statement of legislative findings
Section 101 Citation of Act
Section 102 Definitions
Section 103 Exceptions to application of Act
Section 104 Notification to department of tank's existence
Section 105 Rules and regulations, except for 65-34, 105 (a)(2), the following words in (a)(8), "including determination of the qualifications of persons performing or offering to perform such testing," (a)(10), (a)(11), (a)(12) and the following words in (a)(13), "and aboveground storage tanks in existence on July 1, 1992" and "and aboveground storage tanks placed in service prior to July 1, 1992"
Section 106 Permit to construct, install, modify, or operate storage tank, except the following words in the title and (a), "construct, install, modify or" and "and any aboveground storage tank registered with the department on July 1, 1992,"
Section 107 Evidence of financial responsibility required; limitation of liability
Section 115 Liability for costs of corrective action
Section 118 Corrective action; duties of owners and operators; duties of Secretary; consent agreement; contents, except for the following words in (b), "or from the aboveground fund, if the release was from an aboveground petroleum storage tank." and "or from the aboveground fund, if the release was from an aboveground petroleum storage tank."
Section 135 Underground storage tank operators, training program, requirements
Section 138 Underground storage tank systems; secondary containment
(b) The regulatory provisions include Kansas Administrative Regulations, 2020; Chapter 28, Department of Health and Environment; Article 44, Petroleum Products Storage Tanks:
Section 12 General provisions, except (c) and (d)
Section 13 Program scope and interim prohibition
Section 14 Definitions
Section 16 Underground storage tank systems: Design, construction, installation, modification, and notification
Section 17 Underground storage tank registration and operating permit, except (b), the following words in (c), "be assessed a penalty fee of $50.00 for each tank if the owner fails to", (d), (e), and (f)
Section 19 General operating requirements
Section 23 Release detection
Section 24 Release reporting, investigation, and confirmation
Section 25 Release response and corrective action for UST systems
Section 26 Out-of-service UST systems and closure
Section 27 Financial responsibility
Section 30 Operating training and requirements
Section 31 UST systems with field-constructed tanks and airport hydrant fuel distribution systems
Kentucky
(a) The statutory provisions include:
(1) Kentucky Revised Statutes (KRS) Chapter 224.
224.60-100 Underground storage tanks and regulated substances defined.
224.60-105(1) Registration of underground storage tanks-Programs to regulate tanks.
224.60-115 Definitions for KRS 224.60-120 to 224.60-150.
224.60-120 Financial responsibility of petroleum storage tank owner or operator-Administrative regulations, except (6).
224.60-135(1) Corrective action for a release into the environment from a petroleum storage tank, except the second sentence in (1).
(2) [Reserved]
(b) The regulatory provisions include:
(1) 401 Kentucky Administrative Regulations (KAR) Chapter 42.
401 KAR 42:005. Definitions for 401 KAR Chapter 42.
401 KAR 42:020. UST system requirements, notification, registration, and annual fees.
Section 1. Applicability and Exclusions.
Section 2. Notification, Registration, and Annual Fees, except (1)(b), (2)-(6), and certain provisions in (7)(c), (8) and (9).
Section 3. Temporary Closure, except (1).
Section 4. Performance Standards for New UST Systems.
Section 5. Upgrading of Existing UST Systems.
Section 6. Double Walled Tanks and Piping Requirements.
Section 8. Spill Containment Devices (Spill Buckets and Catch Basins).
Section 9. Overfill Prevention Requirements.
Section 10. Under-dispenser Containment (UDC) and Sump Requirements.
Section 11. Corrosion Protection Operation and Maintenance, except certain language in (4) and (9).
Section 12. Compatibility.
Section 13. Repairs, except (2).
Section 14. Noncorrodible Piping.
Section 15. Release Detection, except (6) and (7).
Section 16. Operator Training Requirements.
Section 17. Walkthrough Inspections.
Section 19. Recordkeeping.
Section 20. Financial Responsibility.
Section 21. Lender Liability.
Section 23. Incorporation by Reference.
401 KAR 42:060. UST system release and corrective action requirements.
Section 1. Reporting for Releases, Spills, and Overfills.
Section 3. Off-Site Impacts.
Section 4. Release Investigation and Confirmation.
Section 5. Release Response and Corrective Action.
Section 6. Permanent Closure or Change in Service.
Section 10. Incorporation by Reference.
(2) [Reserved]
Louisiana
(a) The regulatory provisions include:
Louisiana Administrative Code, Title 33, Part XI. Underground Storage Tanks; effective September 20, 2018:
1. Chapter 1. Program Applicability and Definitions
Section 101. Applicability
Section 103. Definitions except for sections a.i, iv, and v of the definition of owner; and the definitions of on staff, registered tank, response action contractor, and technical services
2. Chapter 3. Registration Requirements, Standards, and Fee Schedule
Section 301. Registration Requirements, all sections except 301.C.6
Section 303. Standards for UST Systems
Section 305. Installation Requirements for Partially-Deferred UST Systems
3. Chapter 5. General Operating Requirements
Section 501. Spill and overfill Control
Section 503. Operation and Maintenance of Corrosion Protection
Section 505. Compatibility
Section 507. Repairs Allowed
Section 509. Reporting and Recordkeeping
Section 511. Periodic Testing of Spill Prevention Equipment and Containment Sumps used for Interstitial Monitoring of Piping and Periodic Inspection of Overfill Prevention Equipment
Section 513. Periodic Operation and Maintenance Walkthrough Inspection
4. Chapter 6. Training Requirements for Underground Storage Tank System Operators
Section 601. Purpose
Section 603. Underground Storage Tank Operator Classes
Section 605. Acceptable UST Operator Training and Certification Processes
Section 607. Underground Storage Tank Operator Training Deadlines
Section 609. Underground Storage Tank Operator Training Frequency
Section 611. Documentation of Underground Storage Tank Operator Training
5. Chapter 7. Methods of Release Detection and Release Reporting, Investigation, Confirmation, and Response
Section 701. Methods of Release Detection
Section 703. Requirements for Use of Release Detection Methods
Section 705. Release Detection Recordkeeping
Section 707. Reporting of Suspected Releases
Section 709. Investigation Due to Off-Site Impacts
Section 711. Release Investigation and Confirmation Steps
Section 713. Reporting and Cleanup of Spills and Overfills
Section 715. Release Response and Corrective Action for UST Systems Containing Petroleum, Motor Fuel, or Hazardous Substances, all sections except the last sentence of 715.A, and 715.H
6. Chapter 8. UST Systems with Field-Constructed tanks and Airport Hydrant Fuel Distribution Systems
Section 801. General Requirements
Section 803. Additions, Exceptions, and Alternatives for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems
7. Chapter 9. Out-of-Service UST Systems and Closure
Section 901. Applicability to Previously Closed UST Systems
Section 903. Temporary Closure
Section 905. Permanent Closure and Changes-in-Service
Section 907. Assessing the Site at Closure or Change-in-Service
8. Chapter 11. Financial responsibility
Section 1101. Applicability
Section 1103. Compliance Dates
Section 1105. Definition of Terms
Section 1107. Amount and Scope of Required Financial Responsibility
Section 1109. Allowable Mechanisms and Combinations of Mechanisms
Section 1111. Financial Test of Self-Insurance
Section 1113. Guarantee
Section 1115. Insurance and Risk Retention Group Coverage
Section 1117. Surety Bond
Section 1119. Letter of Credit
Section 1123. Trust Fund
Section 1125. Standby Trust Fund
Section 1127. Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 1129. Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 1131. Reporting by Owner or Operator
Section 1133. Recordkeeping
Section 1135. Drawing on Financial Assurance Mechanisms
Section 1137. Release from the Requirements
Section 1139. Bankruptcy or Other Incapacity of Owner or Operator or provider of Financial Assurance
Section 1141. Replenishment of Guarantees, Letters of Credit, or Surety Bonds
(b) Copies of the Louisiana UST regulations that are incorporated by reference are available from the Louisiana Office of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-9095; Phone number: (225) 342-5015; website: https://www.doa.la.gov/Pages/osr/lac/LAC-33.aspx; or Louisiana Department of Environmental Quality's website: http://www.deq.louisiana.gov/resources/category/regulations-lac-title-33.
Maine
(a) The statutory provisions include:
Maine Revised Statutes Annotated, Title 38. Waters and Navigation
1. Chapter 2. Department of Environmental Protection, Subchapter 1. Organization and Powers
Section 341-A. Department of Environmental Protection, Section 341-H. Departmental rulemaking, Section 342-B. Liability of fiduciaries and lenders, Section 343-E. Voluntary response action program, Section 347-C. Right of inspection and entry.
2. Chapter 3. Protection and Improvement of Waters, Subchapter 2-A. Oil Discharge Prevention and Pollution Control
Section 541. Findings; purpose, Section 542. Definitions, Section 543. Pollution and corruption of waters and lands of the State prohibited, Section 548. Removal of prohibited discharges.
3. Chapter 3. Protection and Improvement of Waters, Subchapter 2-B. Oil Storage Facilities and Ground Water Protection.
Section 561. Findings, purpose, Section 562-A. Definitions, Section 563. Registration and inspection of underground oil storage tanks and piping, except 9., Section 563-A. Prohibition of nonconforming underground oil storage facilities and tanks, Section 563-B. Regulatory powers of department, Section 564. Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil, except 5., Section 566-A. Abandonment of underground oil storage facilities and tanks, Section 567-A. Certifications, Section 568. Cleanup and removal of prohibited discharges, except 3. and 4., Section 568-A. Fund coverage requirements, Section 568-B. Clean-up and Response Review Board created, Section 569-C. Limited exemption from liability for state or local governmental entities, Section 570. Liability, Section 570-F. Special provisions, Section 570-K. Aboveground oil storage facilities, Section, Section 570-N. Rules, wastewater treatment tank systems.
4. Chapter 13-D: Wellhead Protection.
Section 1391. Declaration of Policy, Section 1392. Definitions, Section 1393. Prohibition on installation of facilities in wellhead protection zones, Section 1394. Variances, Section 1398. Eligibility for Clean-up funds, Section 1399. Municipal authority, Section 1400. Rules.
(b) The regulatory provisions include:
1. 06-096, Maine Department of Environmental Protection, Chapter 691, Rule for Underground 4il Storage Facilities: (effective September 26, 2018).
Section 1. Legal Authority, Section 2. Preamble; Section 3. Definitions, Section 4. Registration of Underground Storage Facilities, except O; Section 5. Regulation of Underground Oil Storage Facilities Used to Store Motor Fuels or Used in the Marketing and Distribution of Oil, except B. (4)(a), (d), (g), (h), and (j); (5)(b); D. (3)(f); (6)(b); (11)(e); (14)(c); (15)(f)(vii); (17); (19)(b); and F.; Section 7. Regulation of Facilities for the Underground Storage of Waste Oil, except B. (7); Section 8. Regulation of Field Constructed Underground Oil Storage Tanks, except B. (1)(d) and (e) and (4)(b), (d), and (e); Section 9. Regulation of Facilities for the Underground Storage of Heavy Oils, except B.; Section 10. Regulation of Airport Hydrant Systems, except B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11. Regulations for Closure of Underground Oil Storage Facilities; Section 12. Discharge and Leak Investigation, Response and Corrective Action Requirements, except A. (3); Section 13. Regulation of Wastewater Treatment Tank Systems and Aboveground Oil Storage Tanks, APPENDIX A: Requirements for Cathodic Protection Monitoring, APPENDIX B: Requirements for Tank, Piping and Containments Sump Tightness Tests, APPENDIX C: Requirements for Pneumatic (Air) and other Pre installation Tightness Testing, APPENDIX D: Installation Requirements Applicable to New and Replacement Tanks, APPENDIX E: Installation Requirements for New and Replacement Piping, APPENDIX F: Specifications and Requirements for Vertical Ground Water Monitoring Wells at Existing Facilities, APPENDIX H: Procedures for Weekly Monitoring, Handling, and Obtaining Samples for Laboratory Analysis, APPENDIX I: Sample Daily Inventory Reporting Log, APPENDIX J: Requirements for Abandonment of Underground Oil Storage Tanks by Removal, APPENDIX K: Requirements for Abandonment of Underground Oil Storage Tanks by Filling in Place, APPENDIX L: Requirements for Underground Oil Storage Tank Processing Facilities, APPENDIX M: Cathodic Protection Tester Certification Requirements, APPENDIX N: Corrosion Expert Certification Requirements, APPENDIX P: Requirements for Site Assessment at Facility Closure or Tank Abandonment, APPENDIX Q: Characterization and Notification Requirements, APPENDIX R: List of National Standards and Codes Cites, APPENDIX S: Department Approved Laboratory Analytical Methods and Performance Standards for Analysis of Oil and its Constituents in Water, Soil, Soil Gas and Indoor Air, APPENDIX T: Containment Sumps & Spill Bucket Integrity Testing Protocol & Management of Waste Fluids.
2. 06-096, Department of Environmental Protection; Chapter 693: Operator Training for Underground Oil, Hazardous Substance, and Field Constructed Underground Oil Storage Facilities, and Airport Hydrant Systems (effective September 26, 2018) only insofar as they pertain to the regulation of underground storage tanks in Maine and only insofar as they are incorporated by reference and are not broader in scope than the Federal requirements.
MASSACHUSETTS
(a) The statutory provisions include:
Massachusetts General Laws, Part I, Title II
1. Chapter 21E, Massachusetts Oil and Hazardous Material Release Prevention and Response Act
Section 1: Short title; section 2: Definitions; section 3: Implementation; regulations; response actions; section 7: Notice of release or threat of release.
2. Chapter 21O, Operation and Removal of Underground Storage Tanks
Section 2: Notification of operation of underground storage tanks; definitions; section 3: Notification of operation of underground storage tanks; requirements; exceptions; section 5: Notification of operation of underground storage tanks; regulations for requirements and standards of tanks;
(b) The regulatory provisions include:
1. Code of Massachusetts Regulations, Title 310 CMR Chapter 80, Underground Storage Tank Systems: (effective October 1, 2021)
General Provisions section, 80.01: Authority; 80.02: Purpose; 80.03: Definitions; 80.04: Applicability, (1) through (13), except (6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06: Computation of Time; 80.07: Accurate and Timely Submittals to the Department and Record Keeping; 80.08: Accurate and Complete Record Keeping; 80.09: Accurate Monitoring; 80.10: Duty to Provide Information.
Design, Construction, and Installation Requirements section, 80.14: General Requirements; 80.15: General Prohibitions; 80.16: Installation Requirements, except (7); 80.17: Specifications for Tanks, except (3); 80.18: Specifications for Regulated Substance Piping; 80.19: Leak Detection; 80.20: Requirements for Turbine, Intermediate and Dispenser Sumps, except (6); 80.21: Requirements for Spill Buckets and Overfill Prevention Equipment, except (1)(d); 80.22: Requirements for Corrosion Protection.
General Operating Requirements section, 80.23: Requirements for Registration and Reporting, except (1)(b) 2; 80.24: General Requirements; 80.26: Requirements for Leak Detection Systems; 80.27: Requirements for Turbine, Intermediate and Dispenser Sumps; 80.28: Requirements for Spill Buckets and Overfill Prevention Equipment; 80.29: Requirements for Corrosion Protection; 80.30: Requirements for Compatibility; 80.31: Requirements for Inventory Monitoring; 80.32: Requirements for Tank and Pipe/Line Tightness Testing; 80.33: Requirements for Repairs and Replacements; 80.35: Requirements for Periodic Inspections, except (2)(c); 80.36: Requirements for Recordkeeping;
Operator Training section, 80.37: Class A, B, and C Operator Requirement and Certifications
Leakage and Release: Response, Reporting and Remediation section, 80.38: Response to a Release; 80.39: Response to Leakage; 80.40: Reportable Releases.
Change-In-Product, Out of Service Systems and Closure section, 80.41: Requirements for Change-in-product; 80.42: Requirements for Taking a UST System Temporarily Out-of-service; 80.43: Requirements for Removal and Permanent Closure In-place, except (7); 80.44: Requirements for a Tank within a Tank; 80.45: UST Systems Temporarily Out-of-service for over Five Years; 80.46: Requirements for Previously Closed-in-place UST Systems; 80.47: Standards for Cleaning and Closure.
Financial Responsibility section, 80.51: Definitions; 80.52: Requirements for Amount and Scope of Financial Responsibility; 80.53: Allowable Mechanisms and Combinations of Mechanisms; 80.54: Requirements for Financial Responsibility Mechanisms; 80.55: Requirements for a Standby Trust; 80.56: Substitution of Financial Assurance Mechanisms by Owner or Operator; 80.57: Cancellation or Nonrenewal by a Provider of Financial Assurance; 80.58: Requirements for Reporting by Owner or Operator; 80.59: Requirements for Recordkeeping; 80.60: Requirements for Drawing on Financial Assurance Mechanisms; 80.61: Release from Financial Responsibility Requirements; 80.62: Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 80.63: Requirements for Replenishment of Local Government Guarantees, Letters of Credit, or Surety Bonds.
Requirements for Airport Hydrant Fuel Distribution Systems section, 80.64: Requirements for Airport Hydrant Fuel Distribution Systems.
2. Code of Massachusetts Regulations, Title 310 CMR 40: Massachusetts Contingency Plan (effective March 1, 2024) only insofar as they pertain to the regulation of underground storage tanks in Massachusetts and only insofar as they are incorporated by reference and are not broader in scope than the federal requirements. Note that reserved sections of 310 CMR 40.0000 et seq. are not incorporated by reference:
Subpart A: General Provisions, except 40.0010 through 40.0013, 40.0016 through 40.0021, and 40.0030 through 40.0070; Subpart B: Organization and Responsibilities, except 40.0160 through 40.0171; Subpart C: Notification of Releases and Threats of Release of Oil and Hazardous Material; Identification and Listing of Oil and Hazardous Material; Subpart D: Preliminary Response Actions and Risk Reduction Measures.
(c) Official copies of 310 CMR 80.00, the Massachusetts regulations that are incorporated by reference, are available at: State Bookstore, State House, Room 116, Boston, MA 02133; Phone number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.; website: https://www.sec.state.ma.us/divisions/bookstore/agencies/310-environmental-protection.htm.
Minnesota
(a) The statutory provisions include:
(1) Minnesota Statutes, Chapter 13, Government Data Practices
M. S. 13.01 Government Data
M. S. 13.02 Collection, security, and dissemination of records; definitions
M. S. 13.03 Access to government data
M. S. 13.04 Rights of subjects of data
M. S. 13.05 Duties of responsible authority
M. S. 13.06 Temporary classification
M. S. 13.07 Duties of the commissioner
M. S. 13.3806 Public health data coded elsewhere; subd. 1-3, 6, 10, 20: Scope; Certain epidemiologic studies; Public health studies; Health records; Health threat procedures; Hazardous substance exposure
M. S. 13.741 Pollution control; environmental quality data
M. S. 13.7411 Pollution control and environmental quality data coded elsewhere; subd. 1-3, 5-7: Scope; Environmental audits, performance schedules; Office of environmental assistance; Environmental response and liability; Petroleum tank release; Toxic pollution prevention plans
(2) Minnesota Statutes, Chapter 115, Water Pollution Control; Sanitary Districts
M. S. 115.01 Definitions
M. S. 115.061 Duty to notify and avoid water pollution
(3) Minnesota Statutes, Chapter 115B, Environmental Response and Liability
M. S. 115B.17 State Response to Releases; subd. 1-3, 12-14: Removal and remedial action; Other actions; Cleanup standards; Public notice of proposed response actions; Duty to provide information; Authorization of certain response actions; Priorities; rules; Requests for review, investigation, and oversight
(4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release Cleanup
M. S. 115C.01 Citation
M. S. 115C.02 Definitions
M. S. 115C.021 Responsible person
M. S. 115C.03 Response to releases [except subd. 10 insofar as it applies to contractors and consultants, who are not regulated under the federal program.]
M. S. 115C.06 Effect on other law
M. S. 115C.07 Petroleum tank release compensation board
M. S. 115C.08 Petroleum tank fund [except subd. 3, which imposes a petroleum tank release cleanup fee on petroleum distributors]
M. S. 115C.09 Reimbursement [except subd. 5(b) and 6, which set forth enforcement authorities]
M. S. 115C.092 Tank Removals; Payment for pre-removal site assessment
(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous Substance Discharge Preparedness
M. S. 115E.01 Definitions
M. S. 115E.02 Duty to prevent discharges
(6) Minnesota Statutes, Chapter 116, Pollution Control Agency
M. S. 116.06 Definitions
M. S. 116.46 Definitions [except subd. 8, insofar as it includes vessels, enclosures, or structures - which are exempt from the federal program - in the definition of UST.]
M. S. 116.47 Exemptions [except insofar as paragraph (2) does not exclude from regulation tanks of 1,100 gallon capacity or more used to store heating oil for consumptive purposes]
M. S. 116.48 Notification requirements [except subd. 1(b), insofar as it requires owners of aboveground storage tanks (ASTs) to notify the agency of the tank's status; subd. 2 and 6, insofar as they impose requirements on owners of ASTs; subd. 3, insofar as it imposes notification requirements on owners of ASTs removing a tank from service or changing the tank's service; subd. 4, insofar as it places notification requirements on persons transferring the title to regulated substances to be placed directly into an UST; and subd. 5, insofar as it imposes notification requirements on sellers of ASTs.]
M. S. 116.49 Environmental protection requirements
(7) Minnesota Statutes, Chapter 299F, Fire Marshal
M. S. 299F.011 Uniform Fire Code; adoption; subd. 1, 3, 4: Authority; Rules for code administration and enforcement; Applicability; local authority
M. S. 299F.19 Flammable liquids and explosives; subd. 1: Rules
(b) The regulatory provisions include:
(1) Minnesota Rules, Chapter 2890, Petroleum Tank Releases
2890.0010 Definitions
2890.0060 Reimbursement of Costs
2890.0065 Reduction of Reimbursement Amount
2890.0070 Eligible Costs
2890.0071 Ineligible Costs
2890.0072 Overview of Rules Governing Reasonableness of Costs for Consultant Services
2890.0073 Definitions Related to Consultant Services
2890.0074 Written Proposal and Invoice Required for Consultant Services
2890.0075 Reasonableness of Work Performed; Standard Tasks for Each Step of Consultant Services
2890.0076 Maximum Costs for Consultant Services
2890.0077 Competitive Bidding Requirements for Consultant Services Proposals
2890.0078 Deviations from Standard Tasks and Maximum Costs for Consultant Services
2890.0079 Reasonable, Necessary, and Actual Consultant Services Costs
2890.0080 Overview of Rules Governing Reasonableness of Costs for Contractor Services
2890.0081 Definitions Related to Contractor Services
2890.0082 Maximum Costs for Contractor Services
2890.0083 Competitive Bidding Requirements for Contractor Services
2890.0084 Deviations from Maximum Costs for Contractor Services
2890.0085 Reasonable, Necessary, and Actual Costs
2890.0086 Invoice
2890.0089 Exemptions from Competitive Bidding
2890.0090 Application Process
2890.0120 Funding of MPCA Actions
(2) Minnesota Rules, Chapter 7045 - Minnesota Pollution Control Agency, Hazardous Waste Division, Hazardous Waste
7045.0275 Management of Hazardous Waste Spills
(3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control Agency, Water Quality Division, Underground Waters
7060.0300 Definitions
7060.0500 Nondegradation Policy
7060.0600 Standards; subp. 2, 3, 4: Prohibition against discharge into unsaturated zone; Control measures; Toxic pollutants
7060.0800 Determination of Compliance
(4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks: Training
7105.0010 Definitions [except subp. 25, insofar as it includes vessels, enclosures, and structures - which are exempt from the federal program - in the definition of UST.]
7105.0020 Purpose
7105.0030 General Provisions; subp. 3: Tank owner or operator requirements
7105.0040 Exclusions [except insofar as it does not exclude from regulation heating oil storage tanks with a storage capacity of greater than 1,100 gallons.]
(5) Minnesota Rules, Chapter 7150 - Minnesota Pollution Control Agency, Water Quality Division, Underground Storage Tanks Program
7150.0010 Applicability [except subp. 2, insofar as it does not exclude from regulation liquid traps or associated gathering lines directly related to oil or gas production or gas production and gathering operations; subp. 2(H), insofar as it does not exclude from regulation tanks of 1,100 gallons or more used exclusively for storing heating oil for consumptive use; and subp. 5, insofar as it does not exclude owners and operators of heating oil storage tanks with a storage capacity of greater than 1,100 gallons from notification requirements.]
7150.0020 Interim Standards for Deferred Underground Storage Tank Systems
7150.0030 Definitions [except subp. 51, insofar as it includes vessels, enclosures, and structures - which are exempt from the federal program - in the definition of underground storage tanks]
7150.0100 Performance Standards for New Underground Storage Tank Systems
7150.0110 Upgrading of Existing Underground Storage Tank Systems
7150.0120 Notification Requirements
7150.0200 Spill and Overfill Control
7150.0210 Operation and Maintenance of Corrosion Protection
7150.0220 Compatibility
7150.0230 Repairs Allowed
7150.0240 Reporting and Recordkeeping
7150.0300 General Requirements for All Underground Storage Tank Systems [except subp. 3, insofar as it imposes release detection schedule requirements on hazardous material tanks not regulated under the federal program]
7150.0310 Requirements for Petroleum Underground Storage Tank Systems
7150.0320 Requirements for Hazardous Material Underground Storage Tank Systems
7150.0330 Methods of Release Detection for Tanks
7150.0340 Methods of Release Detection for Piping
7150.0350 Release Detection Recordkeeping
7150.0400 Temporary Closure
7150.0410 Permanent Closure and Changes-in-Service to Storage of Nonregulated Substances
7150.0420 Assessing the Site at Closure or Change in Service
7150.0430 Applicability to Previously Closed Underground Storage Tank Systems
7150.0440 Closure Records
(6) Minnesota Rules, Chapter 7510 - Department of Public Safety, Fire Marshal Division, Fire Safety
7510.3670 Liquefied Petroleum Gases; Section 8203: Installation of containers [except insofar as it regulates ASTs]
Mississippi
(a) The statutory provisions include:
Mississippi Underground Storage Tank Act (the UST Act) of 1988, Miss. Code Ann. sections 49-17-401 to 49-17-435 (2022):
49-17-401 Short Title.
49-17-403 Definitions, except (b), (o), (p), and (q).
49-17-411 Compliance with regulations.
49-17-413 Rules and regulations, except for (1).
49-17-417 Repealed.
NOTE TO PARAGRAPH (a) of Appendix A to Part 282.
Miss. Code Ann. section 49-17-413(2) is approved as part of the State UST Program to the extent that Mississippi will not grant a variance that makes its UST Program less stringent than the Federal regulations. In practice, Mississippi does not grant variances for the UST Program. Mississippi has agreed to execute a revised Memorandum of Agreement with EPA stating that Mississippi will limit the scope of its variance authority to only those situations where the Federal regulations allow the implementing agency to approve flexibilities.
(b) The regulatory provisions include:
Mississippi's Underground Storage Tank Regulations, 11 Miss. Admin. Code Pt. 5, Ch. 2 (2018):
Rule 2.1 Program Scope and Interim Prohibition
280.10 Applicability.
280.11 Installation requirements for partially excluded UST systems.
280.12 Definitions, except for "dispensers" in the definition of "Ancillary equipment;" the definition of "Certificate of Operation;" "including 100% biodiesel or ethanol" from the definition of "Motor fuel;" "dispensers" and (c) from the definition of "New tank system;" "dispensers" from the definition of "Register;" "dispensers" and (c) from the definition of "Replace."
280.13 Industry codes and recommended practices.
Rule 2.2 UST Systems: Design, Construction, Installation and Notification
280.20 Performance Standards for new UST systems, except for (j).
280.21 Upgrading of existing UST systems.
280.22 Notification requirements, except as applied to "dispensers" in (a) and (b).
Rule 2.3 General Operating Requirements
280.30 Operation and maintenance of spill and overfill prevention.
280.31 Operation and maintenance of secondary containment.
280.32 Operation and maintenance of corrosion protection.
280.33 Compatibility.
280.34 Repairs and replacements, except as applied to "dispenser(s)" in (g), (h), and (i).
280.35 Reporting recordkeeping, except as applied to "dispensers" in (a)(4); and except as applied to "shear valves" in (b)(1).
280.37 Operator training.
280.38 Operation and maintenance walkthrough inspections, except for (b)(1)(iii).
Rule 2.4 Leak Detection
280.40 General requirements for all UST systems.
280.41 Requirements for petroleum UST systems.
280.42 Requirements for hazardous substance UST systems.
280.43 Methods of leak detection for tanks.
280.44 Methods of leak detection for piping.
280.45 Leak detection recordkeeping.
Rule 2.5 Leak Reporting, Release Reporting, Investigation, and Confirmation
280.50 Reporting of leaks and suspected releases.
280.51 Investigation due to off-site impacts.
280.52 Release investigation and confirmation steps.
280.53 Reporting and cleanup of spills and overfills.
Rule 2.6 Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and ground-water cleanup.
280.66 Corrective action plan.
Rule 2.7 Out-of-Service UST Systems and Closure
280.70 Temporary closure.
280.71 Permanent closure and changes-in-service.
280.72 Assessing the site at closure or change-in-service.
280.73 Applicability to previously closed UST systems.
280.74 Closure records.
Rule 2.8 Financial Responsibility
280.90 Applicability.
280.91 Compliance dates, except for "including Indian tribes" in (e), and (f).
280.92 Definition of terms, except for "and includes Indian tribes" from the definition of "Local government."
280.93 Amount and scope of required financial responsibility.
280.94 Allowable mechanisms and combinations of mechanisms.
280.95 Financial test of self-insurance.
280.96 Guarantee.
280.97 Insurance and risk retention group coverage.
280.98 Surety bond.
280.99 Letter of credit.
280.101 State fund or other State assurance.
280.102 Trust fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner or operator.
280.109 Cancellation or nonrenewal by a provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or surety bonds.
280.116 Suspension of enforcement. [Reserved]
Rule 2.9 Lender Liability
280.120 Definitions.
280.121 Participation in management.
280.122 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.
280.123 Operating an underground storage tank or underground storage tank system.
Rule 2.10 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems.
280.130 Definitions.
280.131 General requirements.
280.132 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.
NOTE TO PARAGRAPH (b) of Appendix A to Part 282.
11 Miss. Admin. Code Pt. 5, Ch. 2, 280.42(b)(5) is approved as part of the UST Program only to the extent that Mississippi will not allow alternate release detection methods for hazardous substance UST systems installed on or after October 13, 2015. Sections 40 CFR 281.33(e) and 280.42(e) of the Federal regulations only allow alternate release detection methods for hazardous substance UST systems installed prior to October 13, 2015. Mississippi's section 280.42(b)(5) does not contain an analogous limitation on the use of alternative release detection methods. In practice, MDEQ does not allow alternative release detection methods for hazardous substance tanks installed after October 1, 2008. In a subsequent rulemaking, MDEQ will revise 11 Miss. Admin. Code Pt. 5, Ch. 2, R. 2.4, section 280.42(b)(5) to clarify this point.
(C) Copies of the Mississippi statutes and regulations that are incorporated by reference are available from the Mississippi Department of Environmental Quality, P.O. Box 2261, Jackson, MS 29335; Phone number: (601) 961-5171; website: https://www.mdeq.ms.gov/water/groundwater-assessment-and-remediation/underground-storage-tanks/.
Montana
(a) The statutory provisions include:
(1) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 2 Montana Underground Storage Tank Installer and Inspector Licensing and Permitting Act: Sections 75-11-203(11) "operator" 75-11-203(12) "owner".
(2) Montana Code Annotated (2017), Title 75 Environmental Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana Underground Storage Tank Act: Sections 75-11-503(4) "person", (8) "underground storage tank" or "tank", except as it applies to aboveground storage tanks.
(b) The regulatory provisions include:
(1) Administrative Rules of Montana (October 6, 2018), Title 17 Department of Environmental Quality, Chapter 56 Underground Storage Tanks Petroleum and Chemical Substances:
Subchapter 1 General Provisions:
Sections 17.56.101 Definitions; 17.56.102 Applicability, except 17.56.102(3)(e); 17.56.104 Tank Standards for Excluded UST Systems;
Subchapter 2 UST Systems: Design, Construction, and Installation:
Section 17.56.201 Performance Standards for New Tank Systems; 17.56.202 Upgrading of Existing UST Systems; 17.56.203 Additional Performance Standards for New Underground Piping Connected to Aboveground Tanks or to Underground Tanks with a Capacity of 660 Gallons or Less Used to Store Heating Oil; 17.56.204 Secondary Containment, Under-Dispenser Containment, and Interstitial Monitoring; 17.56.205 Anti-Siphon Requirements;
Subchapter 3 General Operating Requirements:
Sections 17.56.301 Spill and Overfill Control; 17.56.302 Operation and Maintenance of Corrosion Protection; 17.56.303 Compatibility; 17.56.304 Repairs; 17.56.305 Reporting and Recordkeeping; 17.56.306 Periodic Testing of Spill Prevention Equipment and Containment Sumps Used for Interstitial Monitoring of Piping and Periodic Inspection of Overfill Prevention Equipment; 17.56.307 Periodic Operation and Maintenance Walkthrough Inspections;
Subchapter 4 Release Detection:
Sections 17.56.401 General Requirements for all UST Systems; 17.56.402 Requirements for Petroleum UST Systems, except 17.56.402(1)(a)(iii); 17.56.403 Requirements for Hazardous Substance UST Systems; 17.56.407 Methods of Release Detection for Tanks; 17.56.408 Methods of Release Detection for Piping; 17.56.409 Release Detection Recordkeeping;
Subchapter 5 Release Reporting, Investigation, and Confirmation:
Sections 17.56.501 General; 17.56.502 Reporting of Suspected Releases; 17.56.503 Investigation Due to Off-site Impacts; 17.56.504 Release Investigation and Confirmation Steps; 17.56.505 Reporting and Cleanup of Spills and Overfills; 17.56.506 Reporting of Confirmed Releases; 17.56.507 Adoption by Reference;
Subchapter 6 Release Response and Corrective Action for Tanks Containing Petroleum or Hazardous Substances:
Sections 17.56.601 General; 17.56.602 Initial Response and Abatement Measures; 17.56.603 Initial Site History; 17.56.604 Remedial Investigation; 17.56.605 Cleanup Plan; 17.56.608 Adoption by Reference;
Subchapter 7 Out-of-Service UST Systems and Closure:
Sections 17.56.701 Inactive and Out-of-Service UST Systems, except 17.56.701(4); 17.56.702 Permanent Closure and Changes in Service; 17.56.703 Assessing the Site at Closure or Change in Service; 17.56.704 Applicability to Previously Closed UST Systems; 17.56.705 Closure Records;
Subchapter 8 Financial Responsibility:
Sections 17.56.801 Applicability; 17.56.802 Compliance Dates; 17.56.803 Definition of Terms; 17.56.804 Incorporation by Reference; 17.56.805 Amount and Scope of Required Financial Responsibility; 17.56.806 Allowable Mechanisms and Combinations of Mechanisms; 17.56.807 Financial Test of Self-Insurance; 17.56.808 Guarantee; 17.56.809 Insurance and Risk Retention Group Coverage; 17.56.810 Surety Bond; 17.56.811 Letter of Credit; 17.56.815 Montana Petroleum Tank Release Cleanup Fund; 17.56.816 Trust Fund; 17.56.817 Standby Trust Fund; 17.56.820 Substitution of Financial Assurance Mechanisms by Owner or Operator; 17.56.821 Cancellation or Nonrenewal by a Provider of Financial Assurance; 17.56.822 Reporting by Owner or Operator; 17.56.823 Recordkeeping; 17.56.824 Drawing on Financial Assurance Mechanisms; 17.56.825 Release from the Requirements; 17.56.827 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance; 17.56.828 Replenishment of Guarantees, Letters of Credit, or Surety Bonds;
Subchapter 9 Notification:
Sections 17.56.901 Interim Notification Requirements; 17.56.902 Notification Requirements; 17.56.903 Change in Ownership, except 17.56.903(3);
Subchapter 15 Underground Storage Tank Operator Training:
Sections 17.56.1501 Operator Training Definitions; 17.56.1502 Operator Training, except the permit requirement in 17.56.1502(1); 17.56.1503 Operator Training: Authorized Providers; and Required Subjects; 17.56.1504 Operator Training: Recordkeeping; 17.56.1505 Operator Training: Third-Party Training Course Approval; and
Subchapter 16 Underground Storage Tank Systems with Field Constructed Tanks:
Section 17.56.1601 UST Systems with Field Constructed Tanks and Airport Hydrant Fuel Distribution Systems;
(c) Copies of the Montana statutes and regulations that are incorporated by reference are available from the following offices:
Statutes - Montana Legislative Services Division, P.O. Box 201706, Helena, MT 59620-1706; Phone number: 406-444-3064; email: LegPubSales@mt.gov; website: https://leg.mt.gov/statute/.
Regulations - Secretary of State's Administrative Rules Services, P.O. Box 202801, Helena, MT 59620-2801; Phone number: 406-444-9000; email: sosarm@mt.gov; website: http://www.mtrules.org/.
Nevada
(a) The statutory provisions include:
(1) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992), Nevada Revised Statute 590, Petroleum Fund (1991).
(2) Nevada Revised Statute Chapter 459, Underground Storage Tank Program (1992):
Section 459.810 "Operator" defined.
Section 459.814 "Person" defined.
Section 459.816 "Regulated Substance" defined.
Section 459.818 "Release" defined.
Section 459.820 "Storage Tanks" defined.
Section 459.822 Department designated as state agency for regulation of storage tanks.
Section 459.828 Owner or operator of storage tank to provide department with certain information.
Section 459.838 Fund for the management of storage tanks: Creation: Sources: Claims.
Section 459.840 Fund for the management of storage tanks: Use; reimbursement; recovery by attorney general.
(3) Nevada Revised Statute 590, Petroleum Fund (1991):
Section 590.700 Definitions.
Section 590.710 "Board" defined.
Section 590.720 "Department" defined.
Section 590.725 "Diesel fuel of grade number 1" defined.
Section 590.726 "Diesel fuel of grade number 2" defined.
Section 590.730 "Discharge" defined.
Section 590.740 "Division" defined.
Section 590.750 "Fund" defined.
Section 590.760 "Heating oil" defined.
Section 590.765 "Motor vehicle fuel" defined.
Section 590.770 "Operator" defined.
Section 590.780 "Person" defined.
Section 590.790 "Petroleum" defined.
Section 590.800 "Storage tank" defined.
Section 590.810 Legislative findings.
Section 590.820 Board to review claims: Creation; members; chairman; administrative Assistance; compensation of members.
Section 590.830 Fund for cleaning up discharges of petroleum: Creation; administration by division; claims; interest.
Section 590.840 Collection of fee for certain fuels and heating coil; exempt products; payment of expenses of department.
Section 590.850 Registration of storage tanks: Collection of annual fee; exempt tanks; liability for noncompliance.
Section 590.860 Balance in fund to determine collection of fees by department.
Section 590.870 Report of discharge from tank required; division to clean up discharge; expectation; test of tank required for coverage.
Section 590.880 Allocation of costs resulting from discharge from certain storage tanks for heating oil.
Section 590.890 Allocation of costs resulting from discharge from other storage tanks.
Section 590.900 Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.
Section 590.910 Pro rata reduction required, if balance in fund insufficient for full payment.
Section 590.920 Tanks exempted from provisions of Sections 590.850 to 590.910 inclusive; optional coverage of exempted tank.
(4) Nevada Civil Procedure, Rule 24 (1971):
Nevada Civil Procedure, Rule 24.
(b) The regulatory provisions includes:
(1) Nevada Administrative Code 459, UST Program (1990):
Section 459.9929 "Storage Tank" defined.
Section 459.993 Compliance with federal regulations.
Section 459.995 Financial responsibility of owners and operators.
Section 459.996 Releases: Reporting.
(2) Nevada Administrative Code 590, Petroleum Fund (1991):
Section 590.720 Adoption by reference of provisions of Code of Federal Regulations.
(3) Nevada Administrative Code, Reportable Quantities (1989):
Section 445.240 Notice required.
New Hampshire
(a) The statutory provisions include:
1. New Hampshire Revised Statutes Annotated, Title I, The State and its Government, Chapter 21-O Department of Environmental Services
Section O:1. Establishment, General Functions; Section O:8 Division of Waste Management.
2. New Hampshire Revised Statutes Annotated, Title VI, Public Officers and Employees, Chapter 91-A Access to Government Records and Meetings
Section 91-A:1 Preamble, Section 91-A:1-a Definitions, Section 91-A:4 Minutes and Records Available for Public Inspection.
3. New Hampshire Revised Statutes Annotated, Title X Public Health, Chapter 146-C Underground Storage Facilities
Section 146-C:1 Definitions; Section 146-C:2 Discharges Prohibited; Section 146-C:3 Registration of Underground Storage Facilities; Section 146-C:4 Underground Storage Facility Permit Required; Section 146-C:6 Transfer of Ownership; Section 146-C:6-a Exemption; Section 146-C:7 New Facilities; Section 146-C:8 Prohibition Against Reusing Tanks; Section 146-C:17 Operator Training Required; Section 146-C:18 Operator Training Program Requirements; Section 146-C:19 Additional Operator Requirements; Section 146-C:20 Revocation of Operator Training Program Approval; Section 146-C:21 Repeating Operator Training.
4. New Hampshire Revised Statutes Annotated, Title L Water Management and Protection, Chapter 485-C Groundwater Protection Act
Section 485-C:1 Statement of Purpose, Section 485-C:2 Definitions, Section 485-C:3 Duties of the Department, Section 485-C:5 Classes of Groundwater, Section 485-C:6 Ambient Groundwater Quality Standards, Section 485-C:6-a Groundwater Management Zones, Section 485-C:6-b Recordation of Groundwater Management Zone Permits, Section 485-C:7 Potential Contamination Sources, Section 485-C:8 Inventory and Management, Section 485-C:9 Procedures for Classification and Reclassification, Section 485-C:10 Degraded Groundwater, Section 485-C:11 Best Management Practices, Section 485-C:12 Prohibited Uses, Section 485-C:13 Groundwater Release Detection Permit, Section 485-C:14 Notice to Municipality, Section 485-C:14-b Notification of Groundwater Contamination Required.
(b) The regulatory provisions include:
1. New Hampshire Code of Administrative Rules, Chapter Env-Or 400 Underground Storage Tank Facilities: (Effective October 10, 2018)
Part Env-Or 401 Purpose, Applicability, Federal Regulations; Section 401.01 Purpose; Section 401.02 Applicability; Section 401.03 Exclusions, except 401.03(b); Section 401.04 Date of Incorporated Federal Regulations;
Part Env-Or 402 Definitions;
Part Env-Or 403 Reference Standards; Section 403.01 Availability and Applicability of Reference Standards; Section 403.02 American Petroleum Institute, Section 403.03 ASME International, Section 403.04 Fiberglass Tank and Pipe Institute, Section 403.05 NACE International, Section 403.06 National Fire Protection Association, Section 403.07 Petroleum Equipment Institute.
Part Env-Or 404 Registration; Permit to Operate; Required Notifications and Records; Financial Responsibility; Section 404.01 Registration; Section 404.02 Change from Use Not Previously Covered to Covered Use; Section 404.03 Change in Product; Section 404.04 Additional Information Required for Registration; Section 404.05 Signature Required, except 404.05(b)(3); Section 404.06 Permit to Operate Required; Section 404.07 Obtaining a Permit to Operate; Section 404.08 Display, Applicability, and Validity of Permit to Operate; Section 404.09 Records to be Maintained; Section 404.10 Transfer of Facility Ownership; Section 404.12 Financial Responsibility, except 404.12(d)(4) and (m); Section 404.13 Owner Liability.
Part Env-Or 405 Equipment Standards; Section 405.01 Tank Standards for UST Systems; Section 405.02 Piping Standards for UST Systems; Section 405.03 Secondary Containment for Tanks; Section 405.04 Secondary Containment and Sumps for Piping Systems; Section 405.05 Spill Containment, except 405.05(f) and (g);, and 405.12(a); Section 405.06 Overfill Protection; Section 405.07 Dispensing Areas, except for 405.07(a-c), (g), and (h); Section 405.08 Leak Monitoring Systems for Tanks; Section 405.09 Leak Monitoring Systems for Piping Systems; Section 405.10 Cathodic Protection Systems; Section 405.11 Changes to Cathodic Protection Systems.
Part Env-Or 406 Operation, Maintenance, and Testing; Section 406.01 On-Going Maintenance Required; Section 406.02 Operation and Maintenance of Leak Monitoring Systems; Section 406.03 Delivery or Transfer of Regulated Substances; Section 406.04 Unusual Operating Conditions; Section 406.05 Requirements for Tightness Testers and Test Methods; Section 406.06 Leak Rate Detection Criteria; Section 406.07 Requirements for Test Reports; Section 406.08 Test Failures; Section 406.09 Automatic Line Leak Detector Testing; Section 406.10 Cathodic Protection System Testing; Section 406.11 Overfill Prevention Device Testing; Section 406.12 Spill Containment Integrity Testing, except 406.12(c); Section 406.13 Leak Monitoring Equipment Testing; Section 406.14 Containment Sump Integrity Testing; Section 406.15 Hydrostatic Testing Test for Sumps and Spill Containment; Section 406.16 Pneumatic Tightness Test for Piping; Section 406.17 Primary Containment System Testing; Section 406.18 Monthly, Bi-Monthly, and Annual Visual Inspections; Section 406.19 Reports of Visual Inspections.
Part Env-Or 407 Installation Requirements, Section 407.06(a) UST System Design Requirements.
Part Env-Or 408 Repair, Closure, Removal; Section 408.01 Repair of Tanks: Pre-Repair Considerations and Requirements; Section 408.02 Repair of Tanks: Post-Repair Requirements; Section 408.03 Repair and Replacement of Underground Piping, Containment Sumps, and Spill Containment; Section 408.04 Temporary Closure; Section 408.05 Permanent Closure Required, except 408.05(f); Section 408.06 Permanent Closure: Notification and Supervision Required; Section 408.07 Procedures for Permanent Closure; Section 408.08 Permanent Closure: Site Assessment; Section 408.09 Permanent Closure: Inspection Required; Section 408.10 Permanent
Closure: Closure Report, Recordkeeping; Section 408.11 Limitations on Re-Use of Tanks. APPENDIX A: State Statutes and Federal Statutes/Regulation Implemented, APPENDIX B: Incorporation by Reference Information, APPENDIX C: Statutory Definitions, APPENDIX D: Excerpts from RSA 146-C, APPENDIX E: 40 CFR Provisions Referenced.
2. New Hampshire Code of Administrative Rules, Chapter Env-Or 600 Contaminated Site Management: (Effective June 1, 2015)
Part Env-Or 601 Purpose and Applicability, Section 601.01 Purpose, Section 601.02 Applicability.
Part Env-Or 602 Definitions.
Part-Env-Or 603 Groundwater Quality Criteria, Section 603.01 Groundwater Quality Criteria, Section 603.02 Exemptions to Groundwater Quality Criteria, Section 603.03 Ambient Groundwater Quality Standards (AGQS).
Part Env-Or 604 Notification, Section 604.01 Purpose, Section 604.02 Notification of Groundwater Quality Violation, Section 604.03 Exemptions to Notification of Groundwater Quality Violation, Section 604.05 NAPL Notification, Section 604.06 Discharges of Oil Requiring Immediate Notification, Section 604.07 Potential Discharges of Oil Requiring Notification Within 60 Days, Section 604.08 Oil Notification Requirements.
Part Env-Or 605 Preliminary Response Actions, Section 606.01 Purpose, Section 605.03 Emergency Response Actions for Oil Discharges, Section 605.04 Initial Response Actions, Section 605.05 Emergency and Initial Response Action Approval, Section 605.06 Emergency and Initial Response Action Reporting Requirements, Section 605.07 Initial Site Characterization Required, Section 605.08 Initial Site Characterization, Section 605.09 Initial Site Characterization Report, Section 605.10 Investigation Due to Discovery of Discharges from Unknown Sources.
Part Env-Or 606 Comprehensive Response Actions, Section 606.01 Site Investigation Required; Section 606.02 Site Investigation Request, Exemptions; Section 606.03 Site Investigation Report ; Section 606.04 Site Background Information; Section 606.05 Summary of Subsurface Explorations and Sampling; Section 606.06 Site Geology and Hydrology; Section 606.07 Conceptual Model; Section 606.08 Remedial Alternatives, Summary, and Recommendations; Section 606.09 Appendices; Section 606.10 Remedial Action Plan; Section 606.11 Remedial Action Plan Exemptions; Section 606.12 Remedial Action Plan Report; Section 606.13 Remedial Action Plan Approval; Section 606.14 Corrective Action Prior to Remedial Action Plan Approval; Section 606.15 Remedial Action Implementation; Section 606.16 Design Plans and Construction Specifications; Section 606.17 Remedial Action Implementation Report; Section 606.18 Periodic Status Report; Section 606.19 Soil Remediation Criteria; Section 606.20 Financial Assurance; Section 606.21 Financial Assurance Mechanisms.
Part Env-Or 609 Certificates of Completion or No Further Action, Section 609.01 Certificate of Completion, Section 609.02 Certificate of No Further Action.
Part Env-Or 610 Monitoring and Reporting, Section 610.01 Applicability, Section 610.02 Sampling and Analysis, Section 610.03 Reporting, Section 610.04 Groundwater Monitoring Wells.
Part Env-Or 611 Contaminated Soil, Section 611.01 Requirements for Managing Contaminated Soil, Section 611.02 Definitions, Section 611.03 Non-hazardous Oil-Contaminated Soil (NOCS) Certification, Section 611.04 Contaminated Soil Sampling, Section 611.05 Contaminated Soil Storage, Section 611.06 Contaminated Soil Disposal and Reuse.
Appendix A: State States and Federal Statutes/Regulations Implemented; Appendix B: Incorporation by Reference Information; Appendix C: Statutory Definitions.
New Mexico
(a) The statutory provisions include: New Mexico Statutes Annotated (NMSA) 1978, as amended through May 16, 2018 (2018 Cumulative Supplement): Chapter 74, Environmental Improvement, Article 4 Hazardous Waste, sections 74-4-3(J), (R), and (S).
(b) The regulatory provisions include: New Mexico Administrative Code (NMAC), as amended effective July 24, 2018: Title 20 Environmental Protection, Chapter 5 Petroleum Storage Tanks:
Part 101: General Provisions - Sections 20.5.101.2 "Scope"; 20.5.101.7 "Definitions" (except "above ground storage tank" and "AST system");
Part 102: Registration of Tanks - Sections 20.5.102.200 "Existing Tanks", 20.5.102.201 "Transfer of Ownership", and, 20.5.102.203 "Substantially Modified Storage Tank Systems" through 20.5.102.207 "Registration Certificate";
Part 104: Operator Training - Sections 20.5.104.400 "Classes of Operators" through 20.5.104.412 "Documentation and Recordkeeping";
Part 105: Certification of Tank Installers and Junior Installers; Requirements for Testers - Sections 20.5.105.500 "General Requirements for Installer of UST Systems" through 20.5.105.508 "Individual Certification for Junior Installer of UST Systems", and 205.105.510 "On-Site Examination for Installer" through 20.5.105.520 "Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks and Hybrid Storage Tank Systems";
Part 106: New and Upgraded Underground Storage Tank Systems: Design, Construction, and Installation - Sections 20.5.106.600 "General Performance Standards for UST Systems" through 20.5.106.613 "Spill and Overfill Protection", and 20.5.106.615 "Required Notification Prior to Installation" through 20.5.106.617 "Alternate Methods";
Part 107: General Operating Requirements for Underground Storage Tank Systems - Sections 20.5.107.700 "Operation and Maintenance of Underground Storage Tank Systems" through 20.5.107.711 "Required Notification Prior to Replacement, Repair and Modification"; 20.5.107.713 "Alternate Methods" through 20.5.107.715 "Reporting";
Part 108: Release Detection For Underground Storage Tank Systems - Sections 20.5.108.800 "General Release Detection Requirements for UST Systems" through 20.5.105.816 "Reporting";
Part 113 Underground Storage Tank Emergency Generator Systems - Sections 20.5.113.1300 "General Requirements" through 20.5.113.1308 "Reporting";
Part 114: Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Hybrid Storage Tank Systems - Sections 20.5.114.1400 "General Requirements for Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Hybrid Storage Tank Systems" through 20.5.114.1414 "Reporting";
Part 115: Out-of-Service Storage Tank Systems and Closure - Sections 20.5.115.1500 "Required Notification Prior to Temporary or Permanent Closure, Return to Service, Removal, or Change in Service"; 20.5.115.1501 "Out-of-Service Storage Tank Systems and Closure" (except 20.5.115.1501.C(3), 1501.E, 1501.F(3), and 1501.G [for field-erected AST systems only]); and 20.5.115.1502 "Permanent Closure" through 20.5.115.1506 "Closure Records";
Part 117: Financial Responsibility - Sections 20.5.117.1700 "Applicability"; 20.53.117.1703 "Amount and Scope of Required Financial Responsibility" through 20.5.117.1772 "Form Document for Drawing on Financial Assurance Mechanisms";
Part 118: Reporting and Investigation of Suspected and Confirmed Releases - Sections 20.5.118.1800 "Reporting of Spill or Release" through 20.5.118.1803 "Spills and Overfills";
Part 119: Corrective Action for Storage Tank Systems Containing Petroleum Products - Sections 20.5.119.1900 "General" (except 20.5.119.1900.G and 205.119.1900.H) through 20.5.119.1933 "Reporting";
Part 120: Corrective Action for UST Systems Containing Other Regulated Substances - Sections 20.5.120.2000 "General" (except 20.5.120.2000.G and 205.120.2000.H) through 20.5.120.2030 "Reporting";
Part 121: Corrective Action Fund Use and Expenditures - Sections 20.5.121.2100 "Permissible Fund Expenditures" through 20.5.121.2106 "Reserved Money"; and
Part 124: Lender Liability - Sections 20.5.124.7 "Definitions" through 20.5.124.2405 "Operating a Storage Tank or Storage Tank System After Foreclosure".
(c) Copies of the New Mexico regulations that are incorporated by reference are available from the New Mexico State Records Center and Archives, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone number: (505) 476-7941; website http://164.64.110.134/nmac/.
North Carolina
(a) The statutory provisions include: General Statutes of North Carolina, Chapter 143; Article 21A, Part 2A. Leaking Petroleum UST Tank Cleanup (2018):
143-215.94A Definitions, except "by four or fewer households" in (2)(c).
143-215.94E Rights and obligations of the owner or operator, except (b) through (k).
143-215.94H Financial responsibility.
143-215.94I Insurance pools authorized; requirements.
General Statutes of North Carolina, Chapter 143; Article 21A, Part 2D. Training of UST Operators (2018):
143-215.94NN Applicability.
143-215.94OO Definitions, except "dispenser" in (4).
143-215.94PP Designation of operators to be trained.
143-215.94QQ Training requirements for primary operators.
143-215.94RR Training requirements for emergency response operators.
143-215.94SS Tank systems for emergency power generators.
143-215.94UU Effect on other laws.
General Statutes of North Carolina, Chapter 143B; Article 7, Part 1. General Provisions (2018):
143B-279.9 Land-use restrictions may be imposed to reduce danger to public health at contaminated sites, except for "Except with respect to land contaminated from a discharge or release of petroleum from an underground storage tank, the imposition of restrictions on the current or future use of real property on sites contaminated by the discharge or release of petroleum from an aboveground storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as that term is defined under G.S. 130A-310.65(3a), shall only be allowed as provided in G.S. 143-215.104AA or G.S. 130A-310.73A, as applicable" in (b).
143B-279.11 Recordation of residual petroleum from underground or above ground storage tanks or other sources, except "or from an aboveground storage tank or other petroleum source pursuant to Part 7 of Article 21A of Chapter 143 of the General Statutes" in (a); "aboveground storage tank, or other petroleum source" in (b) and (d); (e); and (h).
(b) The regulatory provisions include:
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2L, Groundwater Classification and Standards (2023):
15A N.C.A.C. 02L .0401 Purpose.
15A N.C.A.C. 02L .0402 Definitions.
15A N.C.A.C. 02L .0403 Rule Application, except "a landowner seeking reimbursement from the Commercial Leaking Underground Storage Tank Fund or the Noncommercial Leaking Underground Storage Tank Fund under G.S. 143-215.94E, and any other person responsible for the assessment or cleanup of a discharge or release from an underground storage tank, including any person who has conducted or controlled an activity that results in the discharge or release of petroleum or petroleum products as defined in G.S. 143-215.94A(10) to the groundwaters of the State or in proximity thereto."
15A N.C.A.C. 02L .0404 Required initial abatement actions by responsible party.
15A N.C.A.C. 02L .0405 Requirements for limited site assessment.
15A N.C.A.C. 02L .0406 Discharge or release classifications.
15A N.C.A.C. 02L .0407 Reclassification of risk levels.
15A N.C.A.C. 02L .0408 Assessment and remediation procedures.
15A N.C.A.C. 02L .0409 Notification requirements.
15A N.C.A.C. 02L .0411 Establishing maximum soil contamination concentrations.
15A N.C.A.C. 02L .0412 Analytical procedures for soil samples.
15A N.C.A.C. 02L .0413 Analytical procedures for groundwater samples.
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2N, Underground Storage Tanks (2023):
15A N.C.A.C. 02N .0101 General, except for (b).
15A N.C.A.C. 02N .0102 Copies of referenced federal regulations.
15A N.C.A.C. 02N .0104 Identification of tanks.
15A N.C.A.C. 02N .0201 Applicability, except (1).
15A N.C.A.C. 02N .0202 Installation requirements for partially excluded UST systems.
15A N.C.A.C. 02N .0203 Definitions, except "dispenser" in (a)(1).
15A N.C.A.C. 02N .0301 Performance standards for UST system installations or replacements completed after December 22, 1988 and before November 1, 2007.
15A N.C.A.C. 02N .0302 Upgrading of existing UST systems after December 22, 1998 and before November 1, 2007.
15A N.C.A.C. 02N .0303 Notification requirements.
15A N.C.A.C. 02N .0304 Implementation schedule for performance standards for new UST systems and upgrading requirements for existing UST systems located in areas defined in Rule .0301(D).
15A N.C.A.C. 02N .0401 Spill and overfill control.
15A N.C.A.C. 02N .0402 Operation and maintenance of corrosion protection.
15A N.C.A.C. 02N .0403 Compatibility.
15A N.C.A.C. 02N .0404 Repairs allowed.
15A N.C.A.C. 02N .0405 Reporting and recordkeeping.
15A N.C.A.C. 02N .0406 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
15A N.C.A.C. 02N .0407 Periodic operation and maintenance walkthrough inspections.
15A N.C.A.C. 02N .0501 General Requirements for all UST systems.
15A N.C.A.C. 02N .0502 Requirements for petroleum UST systems.
15A N.C.A.C. 02N .0503 Requirements for hazardous substance UST systems.
15A N.C.A.C. 02N .0504 Methods of release detection for tanks, except (c).
15A N.C.A.C. 02N .0505 Methods of release detection for piping.
15A N.C.A.C. 02N .0506 Release detection recordkeeping.
15A N.C.A.C. 02N .0601 Reporting of suspected releases.
15A N.C.A.C. 02N .0602 Investigation due to off-site impacts.
15A N.C.A.C. 02N .0603 Release investigation and confirmation steps.
15A N.C.A.C. 02N .0604 Reporting and cleanup of spills and overfills.
15A N.C.A.C. 02N .0701 General.
15A N.C.A.C. 02N .0702 Initial response.
15A N.C.A.C. 02N .0703 Initial abatement measures and site check.
15A N.C.A.C. 02N .0704 Initial site characterization.
15A N.C.A.C. 02N .0705 Free product removal.
15A N.C.A.C. 02N .0706 Investigations for soil and groundwater cleanup.
15A N.C.A.C. 02N .0707 Corrective action plan.
15A N.C.A.C. 02N .0708 Public participation.
15A N.C.A.C. 02N .0801 Temporary closure.
15A N.C.A.C. 02N .0802 Permanent closure and change-in-service, except for "except that an UST system containing de minimis concentrations of a regulated substance shall meet the closure requirements of this Rule within 12 months of January 1, 1991."
15A N.C.A.C. 02N .0803 Assessing the site at closure or change-in-service.
15A N.C.A.C. 02N .0804 Applicability to previously closed UST Systems.
15A N.C.A.C. 02N .0805 Closure records.
15A N.C.A.C. 02N .0901 General requirements, except "dispensers" in (d); and Note to Paragraph (e).
15A N.C.A.C. 02N .0902 Notification.
15A N.C.A.C. 02N .0903 Tanks.
15A N.C.A.C. 02N .0904 Piping.
15A N.C.A.C. 02N .0905 Containment sumps.
15A N.C.A.C. 02N .0906 Spill buckets.
15A N.C.A.C. 02N .0907 National codes of practice and industry standards.
15A N.C.A.C. 02N .1001 Definitions.
15A N.C.A.C. 02N .1002 General requirements.
15A N.C.A.C. 02N .1003 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2O, Financial Responsibility Requirements for Owners and Operators of Underground Storage Tanks (2023):
15A N.C.A.C. 02O .0101 General.
15A N.C.A.C. 02O .0102 Financial responsibility.
15A N.C.A.C. 02O .0203 Definitions.
15A N.C.A.C. 02O .0204 Amount and scope of required financial responsibility.
15A N.C.A.C. 02O .0302 Self insurance.
15A N.C.A.C. 02O .0304 Insurance and risk retention group coverage.
15A N.C.A.C. 02O .0308 Insurance pools.
15A N.C.A.C. 02O .0402 Record keeping.
15A N.C.A.C. 02O .0503 Incapacity of owner or operator or provider of assurance.
15A N.C.A.C. 02O .0504 Replenishment.
North Carolina Administrative Code, Title 15A-Environmental Quality; Chapter 2, Environmental Management; Subchapter 2P, Leaking Petroleum Underground Storage Tank Cleanup Funds (2023):
15A N.C.A.C. 02P .0302 Notification.
(c) Copies of the North Carolina statutes and regulations that are incorporated by reference are available from the North Carolina Department of Environmental Quality, 217 West Jones Street, Raleigh, North Carolina, 27603 (physical address); 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 (mailing address); Phone number: (919) 707-8200; website: https://www.deq.nc.gov/about/divisions/waste-management/underground-storage-tanks-section/underground-storage-tanks-rules.
North Dakota
(a) The regulatory provisions include: North Dakota Administrative Code (NDAC), Chapter 33.1-24-08, Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, as amended effective January 1, 2019:
Section 33.1-24 -08-01 Applicability (technical standards and corrective action).
Section 33.1-24 -08-02 Installation requirements for partially excluded underground storage tank systems.
Section 33.1-24 -08-03 Definitions (technical standards, delivery prohibition, and corrective action).
Section 33.1-24 -08-10 Performance standards for new underground storage tank systems.
Section 33.1-24 -08-11 Upgrading of existing underground storage tank systems.
Section 33.1-24 -08-12 Notification requirements.
Section 33.1-24 -08-20 Spill and overfill control.
Section 33.1-24 -08-21 Operation and maintenance of corrosion protection.
Section 33.1-24 -08-22 Compatibility.
Section 33.1-24 -08-23 Repairs allowed.
Section 33.1-24 -08-24 Reporting and recordkeeping.
Section 33.1-24 -08-25 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
Section 33.1-24 -08-26 Periodic operation and maintenance walkthrough inspections.
Section 33.1-24 -08-30 General release detection requirements for all underground storage tank systems.
Section 33.1-24 -08-31 Release detection requirements for petroleum underground storage tank systems.
Section 33.1-24 -08-32 Release detection requirements for hazardous substance underground storage tank systems.
Section 33.1-24 -08-33 Methods of release detection for tanks.
Section 33.1-24 -08-34 Methods of release detection for piping.
Section 33.1-24 -08-35 Release detection recordkeeping.
Section 33.1-24 -08-38 Mechanisms for designating tanks ineligible for delivery.
Section 33.1-24 -08-39 Reclassifying ineligible tanks as eligible for delivery.
Section 33.1-24 -08-40 Reporting of suspected releases.
Section 33.1-24 -08-41 Investigation due to offsite impacts.
Section 33.1-24 -08-42 Release investigation and confirmation steps.
Section 33.1-24 -08-43 Reporting and cleanup of spills and overfills.
Section 33.1-24 -08-44 Unattended cardtrol facilities.
Section 33.1-24 -08-45 Operator designations and requirements for operator training.
Section 33.1-24 -08-46 Timing of operator training and reciprocity.
Section 33.1-24 -08-47 Operator retraining.
Section 33.1-24 -08-48 Operator training documentation.
Section 33.1-24 -08-50 General release response and corrective action for underground storage tank systems containing petroleum or hazardous substances.
Section 33.1-24 -08-51 Initial response.
Section 33.1-24 -08-52 Initial abatement measures and site check.
Section 33.1-24 -08-53 Initial site characterization.
Section 33.1-24 -08-54 Free product removal.
Section 33.1-24 -08-55 Investigations for soil and groundwater cleanup.
Section 33.1-24 -08-56 Corrective action plan.
Section 33.1-24 -08-60 Temporary closure.
Section 33.1-24 -08-61 Permanent closure and changes in service.
Section 33.1-24 -08-62 Assessing the site at closure or change in service.
Section 33.1-24 -08-63 Applicability to previously closed underground storage tank systems.
Section 33.1-24 -08-64 Closure records.
Section 33.1-24 -08-70 UST systems with field-constructed tanks and airport hydrant fuel distribution systems definitions.
Section 33.1-24 -08-71 General requirements.
Section 33.1-24 -08-72 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.
Section 33.1-24 -08-80 Applicability (financial responsibility).
Section 33.1-24 -08-81 Financial responsibility compliance dates.
Section 33.1-24 -08-82 Definitions (financial responsibility).
Section 33.1-24 -08-83 Amount and scope of required financial responsibility.
Section 33.1-24 -08-84 Allowable mechanisms and combinations of mechanisms.
Section 33.1-24 -08-85 Financial test of self-insurance.
Section 33.1-24 -08-86 Guarantee.
Section 33.1-24 -08-87 Insurance and risk retention group coverage.
Section 33.1-24 -08-88 Surety bond.
Section 33.1-24 -08-89 Letter of credit.
Section 33.1-24 -08-92 Trust fund.
Section 33.1-24 -08-93 Standby trust fund.
Section 33.1-24 -08-94 Local government bond rating test.
Section 33.1-24 -08-95 Local government financial test.
Section 33.1-24 -08-96 Local government guarantee.
Section 33.1-24 -08-97 Local government fund.
Section 33.1-24 -08-98 Substitution of financial assurance mechanisms by owner or operator.
Section 33.1-24 -08-99 Cancellation or nonrenewal by a provider of financial assurance.
Section 33.1-24 -08-100 Reporting by owner or operator.
Section 33.1-24 -08-101 Recordkeeping.
Section 33.1-24 -08-102 Drawing on financial assurance mechanisms.
Section 33.1-24 -08-103 Release from requirements.
Section 33.1-24 -08-104 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.
Section 33.1-24 -08-105 Replenishment of guarantees, letters of credit, or surety bonds.
Section 33.1-24 -08-115 Definitions (lender liability).
Section 33.1-24 -08-120 Participation in management (lender liability).
Section 33.1-24 -08-125 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system ss located (lender liability).
Section 33.1-24 -08-130 Operating an underground storage tank or underground storage tank system (lender liability).
Appendix I.
Appendix II Statement of Shipping Tickets and Invoices.
(b) Copies of the North Dakota regulations that are incorporated by reference are available from North Dakota Legislative Council, Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck, North Dakota 58504; phone, 701-328-2916; website, https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code.
Oklahoma
(a) The regulatory provisions include:
Oklahoma Administrative Code, Title 165, effective August 25, 2016:
1, Chapter 25 "Underground Storage Tanks".
Subchapter 1, General Provisions: Part 1, "Purpose", Section 165:25-1-1; Part 3, "Definitions", Section 165:25-1-11; Part 5, "Scope of Rules", Sections 165:25-1-21, 165:25-1-23.1, and 165:25-1-24; Part 9, "Notification and Reporting Requirements", Sections 165:25-1-41, 165:25-1-42, 165:25-1-48, 165:25-1-51; Part 11, "Recordkeeping", 165:25-1-53 through 165:25-1-58, and 165:25-1-60; Part 19, "Operator Training", Sections 165:25-1-120, 165:25-1-122 and 165:25-1-124.
Subchapter 2, "General Requirements for Underground Storage Tank Systems", Part 1, "Codes and Standards", Sections 165:25-2-1, 165:25-2-2 and 165:25-2-4, Part 3, "Design and Installation", Sections 165:25-2-31 through 165:25-2-33, 165:25-2-35 through 165:25-2-41, Part 5, "Protection Against Corrosion", Sections 165:25-2-51, 165:25-2-52, 165:25-2-53 and 165:25-2-53.1, Part 6, "Piping", Sections 165:25-2-55.1 and 165:25-2-55.2, Part 7, "Dispensers", Sections 165:25-2-71, 165:25-2-72, 165:25-2-73, 165:25-2-75 and 165:25-2-76; Part 9, "Electrical", Section 165:25-2-91; Part 11, " Repairs to Underground Storage Tank Systems", Section 165:25-2-111; Part 13 "Removal and Closure of Underground Storage Tank Systems", Sections 165:25-2-131, and 165:25-2-133 through 165:25-2-138.
Subchapter 3, "Release Prevention and Detection Requirements": Part 1, Release Prohibition Requirements", Section 165:25-3-1; Part 2, "Release Detection Requirements and Methods", Sections 165:25-3-6.20 through 165:25-3-6.29; Part 3, "Release Investigation Requirements", Sections 165:25-3-7.1 and 165:25-3-8; Part 15, "Corrective Action Requirements", Section 165:25-3-70.
Subchapter 5, "Upgrades", Sections 165:25-5-1 through 165:25-5-4.
Subchapter 6, "Special Requirements for Underground Storage Tank Systems Utilized by Airports Open to the Public", Part 1, "General Application and Compliance Provisions", Section 165:25-6-1; Part 3, "Codes and Standards", Section 165:25-6-7; Part 5, "Dispense Requirements", Sections 165:25-6-13, 165:25-6-14, 165:25-6-15 and 165:25-6-17; Part 7, "Tank Filling Procedures", Section 165:25-6-21; Part 9, "Dispensing Procedures", Sections 165:25-6-27 and 165:25-6-28; Part 11, "Miscellaneous Safety Requirements", Sections 165:25-6-34 and 165:25-6-35.
Subchapter 8, "Special Requirements for Underground Storage Tanks Utilized by Marinas": Part 1, "General Application and Compliance Provisions", Sections 165:25-8-1 and 165:25-8-2; Part 3, "Over-water Piping Requirements", Sections 165:25-8-3 and 165:25-8-4; Part 5, "Dispenser Requirements", Sections 165:25-8-14 through 165:25-8-17; Part 9, "Dispensing Procedures", Section 165:25-8-29; Part 11, "Miscellaneous Safety Requirements, Sections 165:25-8-35 and 165:25-8-36.
Subchapter 14, "Special Requirements for Underground Storage Tank Systems Utilized by Bulk Plant Facilities": Part 1, "General Application and Compliance Provisions", Section 165:25-14-1; Part 3, "Dispenser Requirements", Section 165:25-14-7; Part 5, "Loading Facilities", Sections 165:25-14-13 and 165:25-14-14; Part 7, "Tank Filling Procedures", Section 165:25-14-20; Part 9, "Dispensing Procedures", Sections 165:25-14-26 and 165:25-14-27.
2. Chapter 27 "Indemnity Fund. Subchapter 1, "General Provisions", Section 165:27-1-2; Subchapter 5, "Qualifications for Reimbursement", Section 165:27-5-2; Subchapter 7, "Reimbursement", Sections 165:27-7-2 and 165:27-7-6.
3. Chapter 29 "Corrective Action of Petroleum Storage Tank Releases":
Subchapter 1, "General Provisions": Part 1, "Purpose and Statutory Authority", Sections 165:29-1-1 and 165:29-1-2; Part 3, "Definitions", Section 165:29-1-11; Part 5, "Scope of Rules", Section 165:29-1-21; Part 7, "National Industry Codes", Sections 165:29-1-31 and 165:29-1-32;.
Subchapter 3, "Release Prevention, Detection and Correction": Part 1, "Release Prohibition, Reporting and Investigation", Sections 165:29-3-1, 165:29-3-2 and 165:29-3-3; Part 3, "Removal and Closure of Petroleum Storage Tank Systems", Section 165:29-3-65; Part 5, "Corrective Action Requirements", Sections 165:29-3-71 through 165:29-3-76, Sections 165:29-3-78, 165:29-3-79, 165:29-3-80, 165:29-3-82 and 165:29-3-83.
(b) Copies of the Oklahoma regulations that are incorporated by reference are available from the State's Office of Administrative Rules, Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; website: https://www.sos.ok.gov/oar/Default.aspx.
Oregon
(a) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and Hazardous Materials I (Removal or Remedial Action Sections 465.200 through 465.425 ):
465.200 Definitions for ORS 465.200 to 465.425 (except for Sections 465.200(5) through (11) and (17) defining terms contained in the dry cleaning requirements; (13) "facility" insofar as it applies to a facility that is not an underground storage tank; (16) "hazardous substance" insofar as it applies to hazardous wastes and any substance that is not otherwise defined as a hazardous substance pursuant to section 101(14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act or that is not oil; (28) "underground storage tank" insofar as it includes any tank or piping that is excluded under ORS 466.710 and also any tank used to store heating oil for consumptive use on the premises where stored.)
465.255 Strict liability for remedial action costs for injury or destruction of natural resource; limited exclusions (except insofar as this includes a person who is not an owner or operator of an underground storage tank and except insofar as the exclusions would exclude persons who would be liable under Section 9003(h)(6) of RCRA).
(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil Storage Tanks):
466.706 Definitions for ORS 466.706 to 466.882 and 466.994 (except for the following definitions: Section 466.706(17) "regulated substance" insofar as it would include substances designated by the commission under subsection (c) that are not included under subsections (a) and (b) of this definition; (21) "underground storage tank" insofar as it includes any tank or piping that is excluded under ORS 466.710, and any tank used to store heating oil for consumptive use on the premises where stored.)
466.710 Application of ORS 466.706 to 466.882 and 466.994
466.740 Noncomplying installation prohibited
466.743 Training on operation, maintenance and testing; rules
466.765 Duty of owner or permittee of underground storage tank
466.770 Corrective action required on contaminated site
466.815 Financial responsibility of owner or permittee; rules; legislative review
466.825 Strict liability of owner or permittee
(b) The regulatory provisions include:
(1) Oregon Administrative Rules, Chapter 340, Division 122 insofar as the following rules apply to a release from an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored.
340-122-0010 Purpose
340-122-0030 Scope and Applicability
340-122-0040 Standards
340-122-0047 Generic remedies
340-122-0050 Activities
340-122-0070 Removal
340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments
340-122-0073 Confirmation of Release
340-122-0080 Remedial Investigation
340-122-0084 Risk Assessment
340-122-0085 Feasibility Study
340-122-0090 Selection or Approval of the Remedial Action
340-122-0100 Public Notice and Participation
340-122-0110 Administrative Record
340-122-0115 Definitions insofar as the definition applies to an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored
340-122-0120 Security Interest Exemption
340-122-0205 Purpose
340-122-0210 Definitions except insofar as the definition of "responsible person" includes a person who does not own or operate an underground storage tank
340-122-0215 Scope and Applicability
340-122-0217 Requirements and Remediation Options
340-122-0218 Sampling and Analysis
340-122-0220 Initial Response
340-122-0225 Initial Abatement Measures and Site Check
340-122-0230 Initial Site Characterization
340-122-0235 Free Product Removal
340-122-0240 Investigation for Magnitude and Extent of Contamination
340-122-0243 Low-Impact Sites
340-122-0244 Risk-Based Concentrations
340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies
340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options
340-122-0325 Evaluation of Matrix Cleanup Level
340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards
340-122-0340 Sample Number and Location
340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results
340-122-0360 Reporting Requirements
(2) Oregon Administrative Rules, Chapter 340, Division 142 insofar as the following rules apply to a release from an underground storage tank, excluding tanks used to store heating oil for consumptive use on the premises where stored.
340-142-0001 Purpose and Scope
340-142-0005 Definitions as Used in This Division Unless Otherwise Specified
340-142-0030 Emergency Action
340-142-0040 Required Reporting
340-142-0050 Reportable Quantities
340-142-0060 Cleanup Standards
340-142-0070 Approval Required for Use of Chemicals
340-142-0080 Disposal of Recovered Spill Materials
340-142-0090 Cleanup Report
340-142-0100 Sampling/Testing Procedures
340-142-0130 Incident Management and Emergency Operations
(3) Oregon Administrative Rules, Chapter 340, Division 150.
340-150-0001 Purpose
340-150-0006 Applicability and General Requirements
340-150-0008 Exemptions and Deferrals
340-150-0010 Definitions
340-150-0020 UST General Permit Registration Certificate Required except insofar as this provision applies to a person who does not own or operate an underground storage tank and except insofar as the payment of fees is required
340-150-0021 Termination of Temporary Permits
340-150-0052 Modification of Registration Certificates for Changes in Ownership and Permittee except insofar as the payment of fees is required
340-150-0080 Denial, Suspension or Revocation of General Permit Registration Certificates except insofar as this provision applies to a person who does not own or operate an underground storage tank
340-150-0102 Termination of Registration Certificates
340-150-0110 UST General Permit Registration, Annual Compliance and Other Fees except insofar as the payment of fees is required
340-150-0135 General Requirements for Owners and Permittees
340-150-0137 UST Systems with Field-Constructed Tanks and Airport Hydrat Fuel Distribution Systems
340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST System except insofar as this provision applies to a person who does not own or operate an underground storage tank
340-150-0163 General Permit Requirements for Operating an UST System except insofar as the payment of fees is required
340-150-0167 General Permit Requirements for Temporary Closure of an UST System except insofar as the payment of fees is required
340-150-0168 General Permit Requirements for Decommissioning an UST System by Permanent Closure except insofar as this provision applies to a person who does not own or operate an underground storage tank and except insofar as the payment of fees is required
340-150-0180 Site Assessment Requirements for Permanent Closure or Change-in-Service
340-150-0200 Training Requirements for UST System Operators and Emergency Response Information
340-150-0210 Training Requirements for UST Operators
340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and Requirements
340-150-0315 Priodic operation and maintenance walkthrough inspections
340-150-0320 Corrosion Protection Performance Standards for USTs and Piping
340-150-0325 Operation and Maintenance of Corrosion Protection
340-150-0350 UST System Repairs
340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements
340-150-0360 Requirements for Internally Lined USTs
340-150-0400 General Release Detection Requirements for Petroleum UST Systems
340-150-0410 Release Detection Requirements and Methods for Underground Piping
340-150-0420 Release Detection Requirements for Hazardous Substance UST Systems
340-150-0430 Inventory Control Method of Release Detection
340-150-0435 Statistical Inventory Reconciliation Method of Release Detection
340-150-0440 Manual Tank Gauging Release Detection Method
340-150-0445 Tank Tightness Testing for Release Detection and Investigation
340-150-0450 Automatic Tank Gauging Release Detection Method
340-150-0465 Interstitial Monitoring Release Detection Method
340-150-0470 Other Methods of Release Detection
340-150-0500 Reporting Suspected Releases
340-150-0510 Suspected Release Investigation and Confirmation Steps
340-150-0520 Investigation Due to Off Site Impacts
340-150-0540 Applicability to Previously Closed UST Systems
340-150-0550 Definitions for OAR 340-150-0555 and 340-150-0560
340-150-0555 Compliance Dates for USTs and Piping
340-150-0560 Upgrading Requirements for Existing UST Systems
(4) Oregon Administrative Rules, Chapter 340, Division 151
340-151-0001 Purpose
340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States Environmental Protection Agency Regulations
340-151-0020 Definitions
340-151-0025 Oregon-Specific Financial Responsibility Requirements
Pennsylvania
(a) The statutory provisions include:
(1) Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32.
35 P.S. Section 6021.101. Short title.
35 P.S. Section 6021.102. Legislative Findings.
35 P.S. Section 6021.103. Definitions, except "Aboveground storage tank," "Certified inspector," paragraphs (1) and (2) of "Owner," paragraph (3) of "Regulated substance," "Small aboveground storage tank," "Spill prevention and response plan," "Stationary tank," paragraph (13) of "Underground storage tank," and "Monitoring system," "Storage tank," and "Storage tank facility" insofar as each definition includes aboveground storage tanks.
35 P.S. Section 6021.109. Construction.
35 P.S. Section 6021.501. Underground storage tank requirements, except subparagraphs (a)(1), (a)(8), (a)(12), (a)(15), (c)(1), (c)(3), subparagraph (c)(2) as to activities other than installation.
35 P.S. Section 6021.502. Interim requirements and discontinued use, except paragraph (a).
35 P.S. Section 6021.503. Registration, except paragraph (a) as to fees and insofar as excludes tanks not excluded by the Federal program, paragraph (c).
35 P.S. Section 6021.701. Financial Responsibility, except paragraph (a) insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2102. Saved from Repeal, except insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2103. Severability.
35 P.S. Section 6021.2104. Repeals.
35 P.S. Section 6021.2105. Effective date.
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs
Section 245.1. Definitions, except "Aboveground field constructed metallic tank," "Aboveground manufactured metallic storage tank," "Aboveground nonmetallic storage tank," "Aboveground storage tank," "Aboveground storage tank system," "Certification categories," "Certified company," "Certified inspector," "Certified installer" insofar as encompasses activities other than installation, "Environmental audit," "In-service inspection," "Out-of-service inspection," subparagraphs (i) and (ii) of "Owner," "Large aboveground storage tank," "Large aboveground storage tank facility," "Nontank handling project activities," "Pressure vessel," "Process vessel," subparagraph (iii) of "Regulated substance," "Responsible party" insofar as includes persons who are not owners or operators of underground storage tanks, "Small aboveground storage tank," "Spill prevention response plan," "Stationary tank," subparagraph (xvii) of "Underground storage tank," "Underground vault," and subparagraph (ii) of "Change-in-service," "Consumptive use," "Emergency containment," "Monitoring system," "Storage tank," "Storage tank facility," and "Storage tank system" insofar as each definition includes aboveground storage tanks.
Section 245.2. General.
Section 245.21. Tank handling and inspection activities, except paragraph (a) as to aboveground storage tanks, paragraphs (b)-(c), paragraph (d) as to permits.
Section 245.31. Underground storage tank tightness testing requirements, except paragraphs (a) and (f) insofar as each requires tests or evaluations be performed by a Department-certified individual, paragraph (e).
Section 245.41. Tank Registration requirements, except paragraphs (a) and (e) as to fees, paragraph (b) as to aboveground storage tanks and insofar as excludes tanks not excluded by the Federal program, paragraphs (c)(7) and (d).
Section 245.301. Purpose.
Section 245.302. Scope.
Section 245.304. Investigation and reporting of suspected releases.
Section 245.305. Reporting releases, except paragraph (g).
Section 245.306. Interim remedial actions, except paragraphs (b)(3) and (d).
Section 245.307. Affected or diminished water supplies.
Section 245.308. Onsite storage of contaminated soil.
Section 245.309. Site characterization.
Section 245.310. Site characterization report.
Section 245.311. Remedial action plan.
Section 245.312. Remedial action.
Section 245.313. Remedial action completion report.
Section 245.314. Professional seals.
Section 245.401. Purpose.
Section 245.402. Scope.
Section 245.403. Applicability.
Section 245.404. Variances.
Section 245.405. Codes and Standards.
Section 245.411. Inspection frequency, except paragraph (a) as to certified inspector.
Section 245.421. Performance standards for underground storage tank systems.
Section 245.422. Upgrading of existing underground storage tank systems, except subparagraph (b)(1)(ii) as to certified tank liner.
Section 245.424. Standards for new field constructed tank systems, except paragraph (2).
Section 245.425. Reuse of removed tanks, except paragraph (5).
Section 245.431. Spill and overfill control.
Section 245.432. Operation and maintenance including corrosion protection.
Section 245.433. Compatibility.
Section 245.434. Repairs allowed, except paragraph (1).
Section 245.435. Reporting and recordkeeping.
Section 245.436. Operator training, except paragraph (c)(5).
Section 245.437. Periodic testing.
Section 245.438. Periodic operation and maintenance walkthrough inspections.
Section 245.441. General requirements for underground storage tank systems, except subparagraphs (a)(3)(i) and (ii).
Section 245.442. Periodic monitoring requirements for petroleum underground storage tank systems.
Section 245.443. Requirements for hazardous substance underground storage tank systems.
Section 245.444. Methods of release detection for tanks.
Section 245.445. Methods of release detection for piping.
Section 245.446. Release detection recordkeeping.
Section 245.451. Temporary removal from service (out-of-service).
Section 245.452. Permanent closure and changes-in-service.
Section 245.453. Assessing the site at closure or change-in-service.
Section 245.454. Applicability to previously closed underground storage tank systems.
Section 245.455. Closure records.
Section 245.701. Purpose.
Section 245.702. Scope.
Section 245.703. Owner or operator financial responsibility.
Section 245.704. General requirements.
Section 245.705. Owner and operator liability.
Section 245.706. Underground storage tanks not covered by USTIF.
Section 245.707. Coverage amounts for financial responsibility.
Section 245.708. Failure to maintain financial responsibility.
Pennsylvania
(a) The statutory provisions include:
(1) Pennsylvania Storage Tank and Spill Prevention Act of 1989, Public Law 169, No. 32.
35 P.S. Section 6021.101. Short title.
35 P.S. Section 6021.102. Legislative Findings.
35 P.S. Section 6021.103. Definitions, except "Aboveground storage tank," "Certified inspector," paragraphs (1) and (2) of "Owner," paragraph (3) of "Regulated substance," "Small aboveground storage tank," "Spill prevention and response plan," "Stationary tank," paragraph (13) of "Underground storage tank," and "Monitoring system," "Storage tank," and "Storage tank facility" insofar as each definition includes aboveground storage tanks.
35 P.S. Section 6021.109. Construction.
35 P.S. Section 6021.501. Underground storage tank requirements, except subparagraphs (a)(1), (a)(8), (a)(12), (a)(15), (c)(1), (c)(3), subparagraph (c)(2) as to activities other than installation.
35 P.S. Section 6021.502. Interim requirements and discontinued use, except paragraph (a).
35 P.S. Section 6021.503. Registration, except paragraph (a) as to fees and insofar as excludes tanks not excluded by the Federal program, paragraph (c).
35 P.S. Section 6021.701. Financial Responsibility, except paragraph (a) insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2102. Saved from Repeal, except insofar as includes aboveground storage tanks.
35 P.S. Section 6021.2103. Severability.
35 P.S. Section 6021.2104. Repeals.
35 P.S. Section 6021.2105. Effective date.
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage Tank and Spill Prevention Programs
Section 245.1. Definitions, except "Aboveground field constructed metallic tank," "Aboveground manufactured metallic storage tank," "Aboveground nonmetallic storage tank," "Aboveground storage tank," "Aboveground storage tank system," "Certification categories," "Certified company," "Certified inspector," "Certified installer" insofar as encompasses activities other than installation, "Environmental audit," "In-service inspection," "Out-of-service inspection," subparagraphs (i) and (ii) of "Owner," "Large aboveground storage tank," "Large aboveground storage tank facility," "Nontank handling project activities," "Pressure vessel," "Process vessel," subparagraph (iii) of "Regulated substance," "Responsible party" insofar as includes persons who are not owners or operators of underground storage tanks, "Small aboveground storage tank," "Spill prevention response plan," "Stationary tank," subparagraph (xvii) of "Underground storage tank," "Underground vault," and subparagraph (ii) of "Change-in-service," "Consumptive use," "Emergency containment," "Monitoring system," "Storage tank," "Storage tank facility," and "Storage tank system" insofar as each definition includes aboveground storage tanks.
Section 245.2. General.
Section 245.21. Tank handling and inspection activities, except paragraph (a) as to aboveground storage tanks, paragraphs (b)-(c), paragraph (d) as to permits.
Section 245.31. Underground storage tank tightness testing requirements, except paragraphs (a) and (f) insofar as each requires tests or evaluations be performed by a Department-certified individual, paragraph (e).
Section 245.41. Tank Registration requirements, except paragraphs (a) and (e) as to fees, paragraph (b) as to aboveground storage tanks and insofar as excludes tanks not excluded by the Federal program, paragraphs (c)(7) and (d).
Section 245.301. Purpose.
Section 245.302. Scope.
Section 245.304. Investigation and reporting of suspected releases.
Section 245.305. Reporting releases, except paragraph (g).
Section 245.306. Interim remedial actions, except paragraphs (b)(3) and (d).
Section 245.307. Affected or diminished water supplies.
Section 245.308. Onsite storage of contaminated soil.
Section 245.309. Site characterization.
Section 245.310. Site characterization report.
Section 245.311. Remedial action plan.
Section 245.312. Remedial action.
Section 245.313. Remedial action completion report.
Section 245.314. Professional seals.
Section 245.401. Purpose.
Section 245.402. Scope.
Section 245.403. Applicability.
Section 245.404. Variances.
Section 245.405. Codes and Standards.
Section 245.411. Inspection frequency, except paragraph (a) as to certified inspector.
Section 245.421. Performance standards for underground storage tank systems.
Section 245.422. Upgrading of existing underground storage tank systems, except subparagraph (b)(1)(ii) as to certified tank liner.
Section 245.424. Standards for new field constructed tank systems, except paragraph (2).
Section 245.425. Reuse of removed tanks, except paragraph (5).
Section 245.431. Spill and overfill control.
Section 245.432. Operation and maintenance including corrosion protection.
Section 245.433. Compatibility.
Section 245.434. Repairs allowed, except paragraph (1).
Section 245.435. Reporting and recordkeeping.
Section 245.436. Operator training, except paragraph (c)(5).
Section 245.437. Periodic testing.
Section 245.438. Periodic operation and maintenance walkthrough inspections.
Section 245.441. General requirements for underground storage tank systems, except subparagraphs (a)(3)(i) and (ii).
Section 245.442. Periodic monitoring requirements for petroleum underground storage tank systems.
Section 245.443. Requirements for hazardous substance underground storage tank systems.
Section 245.444. Methods of release detection for tanks.
Section 245.445. Methods of release detection for piping.
Section 245.446. Release detection recordkeeping.
Section 245.451. Temporary removal from service (out-of-service).
Section 245.452. Permanent closure and changes-in-service.
Section 245.453. Assessing the site at closure or change-in-service.
Section 245.454. Applicability to previously closed underground storage tank systems.
Section 245.455. Closure records.
Section 245.701. Purpose.
Section 245.702. Scope.
Section 245.703. Owner or operator financial responsibility.
Section 245.704. General requirements.
Section 245.705. Owner and operator liability.
Section 245.706. Underground storage tanks not covered by USTIF.
Section 245.707. Coverage amounts for financial responsibility.
Section 245.708. Failure to maintain financial responsibility.
Puerto Rico
(a) The statutory provisions include:
1. Public Policy Environmental Act of 1970, Act Number 9, June 18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) § 1121 et seq.
(1) Section 1121 - Short title
(2) Section 1122 - Purpose
(3) Section 1123 - Declaration of policy
(4) Section 1124 - Interpretation of legal provisions
(5) Section 1125 - Duties of governmental agencies
(6) Section 1126 - Savings clause
(7) Section 1127 - Complementary character
(8) Section 1128 - Annual report of Governor
(9) Section 1129 - Creation of Board; composition; term
(10) Section 1130 - Duties of Chairman
(11) Section 1130A - Consulting Council
(12) Section 1131 - Functions and duties [Except paragraphs (10), (12), (19), (22), (23), (25), (26), (29), and (30), insofar as they outline enforcement authorities; paragraph (13), insofar as it addresses enforcement authorities, permit and license requirements and associated fees, as well as the NPDES and UIC programs; and paragraph (34), insofar as it relates solely to the solid and hazardous waste programs.]
(13) Section 1133 - Consultation and use of facilities
(14) Section 1135 - Character of Board for federal purposes [Except insofar as it addresses permit requirements.]
(15) Section 1135A - Administration of the Puerto Rico Water Pollution Control Revolving Fund
(16) Section 1137 - Confidential documents
(17) Section 1138 - Effectiveness of previous documents [Except insofar as it addresses permit and licensing requirements.]
(18) Section 1140 - Limitations
(19) Section 1141 - Definitions
(20) Section 1142 - Powers [Except insofar as (b)(5) sets forth enforcement authorities.]
(b) The regulatory provisions include:
1. Underground Storage Tank Control Regulations, Regulation Number 4362, promulgated by the Commonwealth of Puerto Rico Environmental Quality Board on November 7, 1990.
a. Part I - Program Scope and Interim Prohibition.
(1) Rule 101 - Program Scope
(2) Rule 102 - Purpose
(3) Rule 103 - Applicability
(4) Rule 104 - Interim Prohibition for Deferred UST Systems
(5) Rule 105 - Definitions and Abbreviations [Except insofar as the Puerto Rico definition of "Underground Storage Tank or UST" does not exclude from regulation heating oil tanks used for storing heating oil for consumptive use on the premises where stored.]
b. Part II - UST Systems: Design, Construction, Installation, and Notification.
(1) Rule 201 - Performance Standards for New UST Systems
(2) Rule 202 - Upgrading of Existing UST Systems
(3) Rule 203 - Notification Requirements
c. Part III - General Operating Requirements.
(1) Rule 301 - Spill and Overfill Control
(2) Rule 302 - Operation and Maintenance of Corrosion Protection
(3) Rule 303 - Compatibility
(4) Rule 304 - Repairs Allowed
(5) Rule 305 - Reporting and Recordkeeping
d. Part IV - Release Detection.
(1) Rule 401 - General Requirements for all UST Systems
(2) Rule 402 - Requirements for Petroleum UST Systems
(3) Rule 403 - Requirements for Hazardous Substance UST Systems
(4) Rule 404 - Methods of Release Detection for Tanks
(5) Rule 405 - Methods of Release Detection for Piping
(6) Rule 406 - Release Detection Recordkeeping
e. Part V - Release Reporting and Investigation.
(1) Rule 501 - Reporting of Suspected Releases
(2) Rule 502 - Investigation Due to Off-site Impacts
(3) Rule 503 - Release Investigation and Confirmation Steps
(4) Rule 504 - Reporting and Cleanup of Spills and Overfills
f. Part VI - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances.
(1) Rule 601 - General
(2) Rule 602 - Initial Response
(3) Rule 603 - Initial Abatement Measures and Site Check [Except insofar as 603(A)(5) requires owners and operators to obtain permits or franchises for drilling and installation of groundwater monitoring and/or extraction wells.]
(4) Rule 604 - Initial Site Characterization
(5) Rule 605 - Free Product Removal [Except insofar as 605(A) and 605 (D)(6) require owners and operators to obtain permits or franchises for drilling and installation of water monitoring and/or extraction wells.]
(6) Rule 606 - Investigation for Soil and Groundwater Clean-up
(7) Rule 607 - Corrective Action Plan
(8) Rule 608 - Public Participation
g. Part VII - Out-Of-Service UST Systems and Closure.
(1) Rule 701 - Temporary Closure
(2) Rule 702 - Permanent Closure and Changes-in-Service
(3) Rule 703 - Assessing the Site at Closure or Change-in-Service
(4) Rule 704 - Applicability to Previously Closed UST Systems
(5) Rule 705 - Closure Methods
h. Part VIII - Notification Requirements and Procedures.
(1) Rule 801 - Notification of Underground Storage System
(2) Rule 802 - Notification Requirements
(3) Rule 803 - Notification Responsibility
(4) Rule 804 - UST Notification Identification Number
(5) Rule 805 - Changes to Facility Notification Data
i. Part IX - Financial Responsibility Requirements.
(1) Rule 901 - Applicability
(2) Rule 902 - Compliance Dates
(3) Rule 903 - Definition of Terms
(4) Rule 904 - Amount and Scope of Required Financial Responsibility
(5) Rule 905 - Allowable Mechanisms and Combinations of Mechanisms
(6) Rule 906 - Financial Test of Self-Insurance
(7) Rule 907 - Guarantee
(8) Rule 908 - Insurance and Risk Retention Group Coverage
(9) Rule 909 - Surety Bond
(10) Rule 910 - Letter of Credit
(11) Rule 911 - Trust Fund
(12) Rule 912 - Standby Trust Fund
(13) Rule 913 - Substitution of Financial Assurance Mechanisms by Owner or Operator
(14) Rule 914 - Cancellation or Nonrenewal by a Provider of Financial Assurance
(15) Rule 915 - Reporting by Owner or Operator
(16) Rule 916 - Recordkeeping
(17) Rule 917 - Drawing on Financial Assurance Mechanisms
(18) Rule 918 - Release from the Requirements
(19) Rule 919 - Bankruptcy or Other Incapacity of Owner or Operator of Provider of Financial Assurance
(20) Rule 920 - Replenishment of Guarantees, Letters of Credit, or Surety Bonds
(21) Rule 921 - Suspension of Enforcement
j. Part X - General Provisions.
(1) Rule 1001 - Amendments to this Regulation
(2) Rule 1002 - Monitoring, Recordkeeping, Reporting, Sampling, and Testing Methods
(3) Rule 1003 - Malfunction or Non-compliance, Reporting
(4) Rule 1004 - Confidentiality of Information
(5) Rule 1006 - Public Notice and Public Hearings
(6) Rule 1009 - Public Nuisance
(7) Rule 1011 - Overlapping or Inconsistent Provisions
(8) Rule 1012 - Derogation
(9) Rule 1013 - Separability Clause
(10) Rule 1014 - Effectiveness
k. Part XI - General Prohibitions.
(1) Rule 1101 - Purpose, Scope and Applicability
(2) Rule 1102 - General Prohibitions
Rhode Island
(a) The statutory provisions include:
1. Rhode Island General Laws, Title 42: State Affairs and Government; Chapter 42-17.1, Department of Environmental Management; Section 42-17.1-2, Powers and Duties.
(31) standards for the quality of air, and water, and the location, design, construction, and operation of all underground storage facilities used for storing petroleum products or hazardous materials.
2. Rhode Island General Laws, Title 46: Waters and Navigation; Chapter 46-12. Water Pollution; Section 46-12-3, Powers and Duties of the Director.
(4) accepting and administering loans and grants.
(21) standards for location, design, construction, maintenance, and operation of underground storage facilities used for storing petroleum products or hazardous materials to prevent, abate, and remedy the discharge of petroleum products and hazardous materials into the waters of the state.
(22) promulgate regulations for monitoring wells.
(b) The regulatory provisions include:
1. Rhode Island Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials, 250-RICR-140-25-1, (effective November 20, 2018)
Section 1.1 Purpose.
Section 1.2. Authority.
Section 1.3 Incorporated Materials.
Section 1.4 Applicability, except (E) and (G).
Section 1.5 Definitions.
Section 1.6 Administrative Findings.
Section 1.7 Facility Registration.
Section 1.8 Financial Responsibility, except (D).
Section 1.10 Minimum UST Operation and Maintenance Requirements, except (C), (D), and (F)(4) and (T).
Section 1.11 New and Replacement UST System Requirements, except (B)(1-3) and (5), (C)(1), (J)(1), and (L)(2).
Section 1.12 Facility Modifications or Repairs, except (A).
Section 1.13 Maintaining Records.
Section 1.14 Leak and Spill Response.
Section 1.15 Closure, except (D)(5).
Section 1.16 Approval of Tank and/or Line Tightness Tests, Leak Detection Methods and Licensing Requirements, except (B), (D), (E), (F), (G) and (H).
Section 1.17 Signatories to Registration and Closure Applications.
Section 1.18 Transfer of Certificates of Registration and Closure.
South Carolina
(A) The statutory provisions include:
State Underground Petroleum Environmental Response Bank Act (SUPERB) of 1988, S.C. Code Ann. sections 44-2-10 to 44-2-150 (2010):
44-2-10 Short Title.
44-2-20 Definitions.
44-2-70 Financial responsibility of underground storage tank owners and operators; except the first sentence of (B).
44-2-80 Release of regulated substance; containment, removal, and abatement.
(B) The regulatory provisions include:
South Carolina Underground Storage Tank Control Regulations, R.61-92 (2017):
280.10 Applicability, except (d).
280.11 Installation requirements for partially excluded UST systems.
280.12 Definitions.
280.20 Performance standards for new UST systems, except for the text "obtain permits in accordance with section 280.23 and" in the introductory paragraph, and the text "on the Permit to Operate application form in accordance with Section 280.23 " in (f).
280.21 Upgrading of Existing UST systems.
280.22 Notification requirements, except (h) and (i).
280.24 Testing.
280.25 Secondary containment required.
280.30 Spill and overfill control.
280.31 Operation and maintenance of corrosion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeping.
280.35 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment.
280.36 Periodic operation and maintenance walkthrough inspections.
280.40 General requirements for all UST systems.
280.41 Requirements for petroleum UST systems.
280.42 Requirements for hazardous substance UST systems.
280.43 Methods of release detection for tanks.
280.44 Methods of release detection for piping.
280.45 Release detection recordkeeping.
280.50 Reporting of suspected releases.
280.51 Investigation due to off-site impacts.
280.52 Release investigation and confirmation steps.
280.53 Reporting and cleanup of spills and overfills.
280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and ground-water cleanup.
280.66 Corrective action plan.
280.70 Temporary closure.
280.71 Permanent closure and changes-in-service.
280.72 Assessing the site at closure or change-in-service.
280.73 Applicability to previously closed UST systems.
280.74 Closure records.
280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required financial responsibility.
280.94 Allowable mechanisms and combinations of mechanisms.
280.95 Financial test of self-assurance.
280.96 Guarantee.
280.97 Insurance and risk retention group coverage.
280.98 Surety Bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism [Reserved].
280.101 State fund or other state assurance, except (b) through (e).
280.102 Trust Fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner or operator.
280.109 Cancellation or non-renewal by a provider of financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or surety bonds.
280.116 Suspension of enforcement [Reserved].
280.200 Definitions.
280.210 Participation in management.
280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.
280.230 Operating an underground storage tank or underground storage tank system.
280.240 General requirement for all UST systems, except (b).
280.241 Designation of Class A, B, and C operators.
280.242 Requirements for operator training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.
280.250 Definitions.
280.251 General Requirements.
280.252 Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.
(C) Copies of the South Carolina statutes and regulations that are incorporated by reference are available from the South Carolina State Register, 223 Blatt Building, 1105 Pendleton Street, Columbia, South Carolina 29201; Phone number: (803) 212-4500; website: https://www.scstatehouse.gov/.
South Dakota
(a) The statutory provisions include:
(1) South Dakota Codified Laws (2021), Title 34A Environmental Protection, Chapter 2 Water Pollution Control: Section 98 Underground Storage Tanks: section 34A-2-98(5) Definition "underground storage tank."
(2) [Reserved]
(b) The regulatory provisions include:
(1) Administrative Rules of South Dakota (April 19, 2021), Title 74 Department of Agriculture and Natural Resources, Article 56 Storage facilities-remediation:
Chapter 74:56:01 Underground Storage Tanks:
Sections 74:56:01:01 Definitions; 74:56:01:02 Underground storage tank defined; 74:56:01:03 Applicability; 74:56:01:04 Performance standards for new UST systems-General requirements; 74:56:01:05 Performance standards for new UST systems-Tanks; 74:56:01:06 Performance standards for new UST systems-Piping; 74:56:01:07 Performance standards for new UST systems-Spill and overfill protection; 74:56:01:08 Performance standards for new UST systems-Installation requirements and submission of proof of compliance with requirements; 74:56:01:09 Upgrading of existing UST systems-General requirements and deadlines; 74:56:01:10 Upgrading of existing USTs-Specific requirements; 74:56:01:10.01 Replacement of existing UST systems-Tanks; 74:56:01:10.02 Replacement of existing UST systems-Piping; 74:56:01:10.03 Installation of under-dispenser sumps; 74:56:01:11 Notification requirements for UST systems; 74:56:01:12 Completion of certification of compliance form for UST systems; 74:56:01:13 Spill and overfill control; 74:56:01:14 Operation and maintenance of cathodic protection; 74:56:01:15 Operation and maintenance of cathodic protection-Criteria for taking tests; 74:56:01:16 Operation and maintenance of cathodic protection-Recordkeeping; 74:56:01:17 Compatibility; 74:56:01:18 Repairs allowed-General requirements; 74:56:01:19 Repairs allowed-Lining; 74:56:01:20 Repairs allowed-Fiberglass-reinforced plastic tank systems; 74:56:01:21 Repairs allowed-Piping; 74:56:01:22 Repairs allowed-Recordkeeping; 74:56:01:23 Maintenance and availability of records; 74:56:01:23.01 Periodic testing of spill prevention equipment and containment sumps-General requirements; 74:56:01:23.02 Periodic operation and maintenance walkthrough inspections; 74:56:01:24 Release detection for all UST systems-General requirements and deadlines; 74:56:01:25 Release detection requirements for regulated substance UST systems-Excluding hazardous substances; 74:56:01:26 Release detection requirements-Tank tightness testing and inventory reconciliation; 74:56:01:27 Release detection requirements-Vapor monitoring; 74:56:01:28 Release detection requirements-Groundwater monitoring; 74:56:01:29 Release detection requirements-Automatic tank monitoring; 74:56:01:30 Release detection requirements-Secondary containment with interstitial monitoring; 74:56:01:31 Release detection requirements-Manual tank monitoring; 74:56:01:32 Release detection requirements-Hazardous substance UST systems; 74:56:01:33 Release detection requirements-Other; 74:56:01:34 Release detection requirements for pressure piping; 74:56:01:35 Release detection requirements for suction piping; 74:56:01:36 Release detection requirements for piping-Regulated hazardous substances; 74:56:01:38 Recordkeeping; 74:56:01:38.01 Training of owners and operators; 74:56:01:40 Reporting of suspected releases; 74:56:01:41 Reporting of spills and overfills; 74:56:01:42 Release investigation and confirmation; 74:56:01:43 Off-site impacts and source investigation; 74:56:01:44 General requirements for corrective action for releases from UST systems; 74:56:01:45 Initial abatement requirements and procedures for releases from UST systems; 74:56:01:46 Additional abatement requirements for hazardous substances; 74:56:01:47 Free product removal; 74:56:01:48 Additional site investigation for releases from UST systems; 74:56:01:49 Soil and groundwater cleanup for releases from UST systems; 74:56:01:51 Reporting of hazardous substance releases from UST systems; 74:56:01:52 Temporary removal from use; 74:56:01:53 Temporary closure; 74:56:01:54 Permanent closure; 74:56:01:55 Postclosure requirements; and 74:56:01:57 Field constructed tanks/airport hydrant systems.
Chapter 74:56:02 Financial responsibility:
Sections 74:56:02:01 Applicability; 74:56:02:02 Definitions; and 74:56:02:03 Financial responsibility and lender liability rules.
(2) [Reserved]
(c) Copies of the South Dakota statutes and regulations that are incorporated by reference are available from the South Dakota Legislative Research Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070; Phone number: 605-773-3251; email: LRC@sdlegislature.gov; website: https://sdlegislature.gov.
Tennessee
(A) The statutory provisions include:
Tennessee Petroleum Underground Storage Tank Act (the UST Act) of 1988, Tenn. Code Ann. sections 68-215-101 to 68-215-204 (2018):
68-215-101 Short Title.
68-215-103 Definitions, except (17)(A)(iii) and (iv).
68-215-104 Prohibitions, except (3) and (4).
68-215-105 Minimum standards.
68-215-106 Notice; certificates and certification; except (a)(6), (b)(1), (b)(2), and (c) through (f).
68-215-107 Supervision; orders; enforcement; rules and regulations; except (a) through (g)(1).
68-215-110 Fund; environmental assurance fee; except (b) through (h).
68-215-112 Repealed.
68-215-113 Repealed.
68-215-124 Exemptions.
68-215-128 Obsolete.
68-215-130 Repealed.
68-215-201 Definitions.
68-215-202 Ownership of petroleum site or petroleum underground storage tank or property on which a petroleum site or petroleum underground tank is located.
68-215-203 Operation prior to and after foreclosure.
68-215-204 Participation in the management.
(B) The regulatory provisions include:
Tennessee's Underground Storage Tank Regulations, Tenn. Comp. R. & Regs. 0400-18-01-.01 to .17 (2018):
0400-18-01-.01 Program Scope, Definitions, and Proprietary Information Applicability; except (4)1.(iii) and (iv) of the definition for "Responsible party" and (5).
0400-18-01-.02 UST Systems: Installation and Operation; except (1)(a)2. and (4)(c)6.(ii)(II)IV.
0400-18-01-.03 Notifications, Reporting, and Record Keeping.
0400-18-01-.04 Release Detection; except (1)(e).
0400-18-01-.05 Release Reporting, Investigation, and Confirmation; except (1)(b) and (c).
0400-18-01-.06 Petroleum Release Response, Remediation, and Risk Management; except for the text "The fund shall not reimburse the owner, operator, and/or other responsible party of petroleum UST system for the cost of generating duplicate data" in (2)(b)1. Also, except (3)(f), (7)(c), and (11)(b) and (c).
0400-18-01-.07 Out-of-Service UST Systems and Closure; as to Appendix 0400-18-01-.07-A, except for the text "transport and" in (4)(a). Also, except (4)(e).
0400-18-01-.08 Financial Responsibility; except (5)(a), (5)(b), (20), and (21).
0400-18-01-.12 Indicia of Ownership; except (3) and (4).
0400-18-01-.13 Reserved.
0400-18-01-.16 Certified Operator Program.
0400-18-01-.17 UST Systems with Field-Constructed Tanks and Airport Hydrant Systems.
(C) Copies of the Tennessee statutes and regulations that are incorporated by reference are available from the Tennessee Department of Environment and Conservation, Division of Underground Storage Tanks, William R. Snodgrass Tennessee Tower, 12th Floor, 312 Rosa L. Parks Ave., Nashville, TN 37243; Phone number: (615) 532-0730; website: https://www.tn.gov/environment/program-areas/ust-underground-storage-tanks/ust/act-rules-and-policies.html.
Texas
(a) The regulatory provisions include:
1. Texas Administrative Code, Title 30, Part I. Texas Commission on Environmental Quality, Chapter 37 Financial Assurance, as amended effective through May 31, 2018:
Subchapter I. Financial Assurance for Petroleum Underground Storage Tank Systems
Section 37.801 Applicability
Section 37.802 Definitions
Section 37.815 Amount and Scope of Required Financial Assurance
Section 37.820 Allowable Mechanisms and Combinations of Mechanisms
Section 37.825 Financial Test of Self-Insurance
Section 37.830 Guarantee
Section 37.835 Insurance and Risk Retention Group Coverage
Section 37.840 Surety Bond
Section 37.845 Letter of Credit
Section 37.850 Trust Fund
Section 37.855 Standby Trust Fund
Section 37.860 Substitution of Financial Assurance Mechanisms by Owner or Operator
Section 37.865 Cancellation or Non-Renewal by a Provider of Financial Assurance
Section 37.867 Duty to Empty Tanks After Termination of Financial Assurance
Section 37.870 Reporting, Registration, and Certification
Section 37.875 Financial Assurance Recordkeeping
Section 37.880 Drawing on Financial Assurance Mechanisms
Section 37.885 Release from the Requirements
Section 37.890 Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance
Section 37.895 Replenishment of Guarantees, Letters of Credit or Surety Bonds
2. Texas Administrative Code, Title 30, Part I. Texas Commission on Environmental Quality, Chapter 334 Underground and Aboveground Storage Tanks; effective May 31, 2018:
Subchapter A. General Provisions:
>Section 334.1 "Purpose and Applicability"
Section 334.2 "Definitions" (except as they apply to aboveground storage tanks (ASTs))
Section 334.3 "Exemptions for Underground Storage Tanks (USTs) and UST Systems"
Section 334.4 "Exclusions for Underground Storage Tanks (USTs) and UST Systems"
Section 334.5 "General Prohibitions for Underground Storage Tanks (USTs) and UST Systems"
Section 334.6 "Construction Notification for Underground Storage Tanks (USTs) and UST Systems"
Section 334.7 "Registration for Underground Storage Tanks (USTs) and UST Systems"
Section 334.8 "Certification for Underground Storage Tanks (USTs) and UST Systems"
Section 334.10 "Reporting and Recordkeeping"
Section 334.12 "Other General Provisions"
Section 334.15 "Limits on Liability of Lender" (except as it applies to aboveground storage tanks (ASTs))
Section 334.16 "Limits on Liability of Corporate Fiduciary"
Section 334.18 "Limits on Liability of Taxing Unit" (except as it applies to aboveground storage tanks (ASTs))
Subchapter C. Technical Standards:
Section 334.41 "Applicability"
Section 334.42 "General Standards"
Section 334.43 "Variances and Alternative Procedures"
Section 334.44 "Implementation Schedules"
Section 334.45 "Technical Standards for New Underground Storage Tank Systems"
Section 334.46 "Installation Standards for New Underground Storage Tank Systems"
Section 334.47 "Technical Standards for Existing Underground Storage Tank Systems"
Section 334.48 "General Operating and Management Requirements"
Section 334.49 "Corrosion Protection"
Section 334.50 "Release Detection"
Section 334.51 "Spill and Overfill Prevention and Control"
Section 334.52 "Underground Storage Tank System Repairs and Relining"
Section 334.53 "Reuse of Used Tanks"
Section 334.54 "Temporary Removal from Service"
Section 334. 55 "Permanent Removal from Service"
Section 334.56 "Change to Exempt or Excluded Status"
Subchapter D. Release Reporting and Corrective Action:
Section 334.71 "Applicability and Deadlines"
Section 334.72 "Reporting of Suspected Releases"
Section 334.73 "Investigation Due to Off-Site Impacts"
Section 334.74 "Release Investigation and Confirmation Steps"
Section 334.75 "Reporting and Cleanup of Surface Spills and Overfills"
Section 334.76 "Initial Response to Releases"
Section 334.77 "Initial Abatement Measures and Site Check"
Section 334.78 "Site Assessment"
Section 334.79 "Removal of Non-Aqueous Phase Liquids (NAPLs)"
Section 334.80 "Investigation of Soil and Groundwater Cleanup"
Section 334.81 "Corrective Action Plan"
Section 334.84 "Corrective Action by the Agency"
Section 334.85 "Management of Wastes"
Subchapter J. Leaking Petroleum Storage Tank Corrective Action Specialist Registration and Project Manager Licensing:
Section 334.451 "Applicability of Subchapter J"
Section 334.454 "Exception for Emergency Abatement Actions"
Section 334.455 "Notice to Owner or Operator"
Subchapter N. Operator Training:
Section 334.601 "Purpose and Applicability"
Section 334.602 "Designation and Training of Classes of Operators"
Section 334.603 "Acceptable Operator Training and Certification Processes"
Section 334.604 "Operator Training Deadlines"
Section 334.605 "Operator Training Frequency"
Section 334.606 "Documentation of Operator Training"
(b) Copies of the Texas UST regulations that are incorporated by reference are available from Thomson Reuters, 610 Opperman Drive, Eagan, MN 55123; Phone: 1-888-728-7677; website: http://legalsolutions.thomsonreuters.com; or the Texas Secretary of State office website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=334.
Utah
(a) The statutory provisions include: Utah Code, Title 19: "Environmental Quality Code," Chapter 1, "General Provisions, Part 2, Powers," (May 8, 1991) and Chapter 6, "Hazardous Substances, Part 4, Underground Storage Tank Act" (May 8, 2018):
Section 19-1-203, Representatives of department authorized to enter regulated premises.
Section 19-6-402, Definitions, except (3), (4), (8), (9), (11), (14), (15), (20), (23) and (26).
Section 19-6-402.5, Retroactive effect.
Section 19-6-403, Powers and duties of board, except (1)(a)(i), (1)(a)(vi) and (1)(a)(vii).
Section 19-6-404, Powers and duties of director, except 2(c), 2(f), 2(j) and 2(m).
Section 19-6-407, Underground storage tank registration - Change of ownership or operation - civil penalty, except (2) and (3).
Section 19-6-413, Tank tightness test - Action required after testing.
Section 19-6-420 Abatement actions - Corrective actions, except (1) through (3)(b), (4)(a), (5)(b) and (c), (6), and 9(b).
(b) Administrative Rules of the State of Utah, Title 311 Environmental Quality, Environmental Response and Remediation, Utah Administrative Code (April 1, 2018):
(1) Section R311-200-1, Underground Storage Tanks: Definitions, except (b)(2), (b)(5), (b)(6), (b)(7), (b)(10), (b)(11), (b)(12), (b)(13), (b)(20), (b)(22), (b)(28), (b)(34), (b)(38), (b)(44), (b)(45), (b)(49), (b)(51), (b)(55), (b)(56), (b)(58), and (b)(59).
Section R311-201-1, Underground Storage Tanks: Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-201-12, Underground Storage Tanks: Certification Programs and UST Operator Training, UST Operator Training and Registration, except (d)(2) and (f).
Section R311-202-1, Federal Underground Storage Tank Regulations, Incorporation by reference, except (a), (b), (c), and (d).
Section R311-203-1, Underground Storage Tanks: Technical Standards, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-203-2, Notification.
Section R311-203-3, New installations, permits, except (b), (c), and (g).
Section R311-203-5, UST testing requirements.
Section R311-203-6, Secondary containment and under-dispenser containment.
Section R311-203-7, Operator inspections.
Section R311-203-8, Unattended facilities.
Section R311-204-1, Underground Storage Tanks: Closure and Remediation, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-204-2, Underground Storage Tank Closure Plan.
Section R311-204-3, Disposal.
Section R311-204-4, Closure notice.
Section R311-205-1, Underground Storage Tanks: Site Assessment Protocol, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-205-2, Site assessment protocol.
Section R311-206-1, Underground Storage Tanks: Certificate of Compliance and Financial Assurance Mechanisms, Definitions, except those definitions listed as excepted under R311-200-1.
Section R311-206-2, Declaration of financial assurance mechanisms, except (a)(1), (b), and (c).
Section R311-206-3, Requirements for issuance of certificates of compliance, except (7) and (8).
Section R311-206-5, Requirements for owners and operators demonstrating financial assurance by other methods, except (b) and (b)(2).
Section R311-206-8, Delivery prohibition, except (a)(1) - (4) and (f)(1)(A).
(c) Copies of the Utah regulations that are incorporated by reference are available from the Utah's Office of Administrative Rules, Office Coordinator, P.O. Box 141007, Salt Lake City, UT 84114-1007; Phone number: 801-538-3003; website: https://rules.utah.gov/publications/utah-adm-code/.
Vermont
(a) The statutory provisions include:
1. Title 10 Vermont Statutes Annotated, Chapter 59, Underground and Aboveground Liquid Storage Tanks
Section 1921. Purpose; Section 1922. Definitions; Section 1923. Notice of new or existing underground storage tanks; Section 1924. Integrity report; Section 1926. Unused and abandoned tanks; Section 1927. Regulation of category one tanks, except (a) and (d); Section 1928. Regulation of farm and residential large motor fuel tanks; Section 1930. Implementation; coordination, except (b) and (c).
2. Title 10 Vermont Statutes Annotated, Chapter 159, Waste Management
Section 6602. Definitions, 6602(1), (6), (16)(A)(i), (ii) and (iv), (17), (23), (34); Section 6615. Liability, 6615(g); Section 6615a. Diligent and appropriate investigation for hazardous materials; Section 6615b. Corrective action procedures; Section 6616. Release prohibition; Section 6617. Person responsible for release; notice to Agency.
(b) The regulatory provisions include:
1. Code of Vermont Rules 12-032-004. CHAPTER 8-Vermont Underground Storage Tank Rules (Effective October 26, 2020)
Subchapter 1: General Provisions, Section 8-101. Authority; Section 8-102. Purpose and Applicability, except "install, remove, repair, or test"; Section 8-103. Release Prohibition, Reporting, Emergency Response, except (b) "owner of the land on which the underground storage tank system is located, transporter of fuel, etc." and (g); Section 8-104. Signatories to Permits and Reports; Section 8-105. Incorporation by Reference; Section 8-109. Transfer of Ownership, Operation; Permits, Notification of Rules, Section 8-109(b); Subchapter 2: Definitions; Subchapter 3: Registration (Notification), Permits, And Operator Training, Section 8-301. Applicability, 8-301(a)(1)(C) and (D); 8-301(a)(2)(A), (C), and (D); 8-301(b)(1), (b)(3) and (b)(4); Section 8-302. Registration, except 8-302(a)(1)(C) and 8-302(c); Section 8-303. Permits for Category One Underground Storage Tank Systems, 8-303(f); Section 8-305. Financial Responsibility Requirements; Section 8-306. Change-in-Service; Section 8-307. Operator Training Requirements; Section 8-308. Approval of Operator Training Test; Subchapter 4: Design, Manufacturing, and Installation Standards for Underground Storage Tank Systems, Section 8-402. Prohibitions, 8-402(c), (d) and (e); Section 8-403. General Requirements; Section 8-404. Tank Installation Standards; Section 8-405. Piping Standards, except 8-405(b), (d)(2), and (e); Section 8-406. Spill Containment & Overfill Prevention Measures and Equipment, except 8-406(c) and (d); Section 8-407. Scheduling Installations of Underground Storage Tank Systems, except 8-407(a)(1); Section 8-408. Reuse of Tanks; Section 8-409 Underground Storage Tank Systems Located at Marinas; Section 8-410. Field Constructed Tanks and Airport Hydrant Systems; Subchapter 5: Operating Standards for Underground Storage Tanks, Section 8-501. Applicability; Section 8-502. General and Recordkeeping Requirements; Section 8-503. Spill and Overfill Prevention; Monitoring of Deliveries, except 8-503(a) and (b); Section 8-504. Cathodic Protection Systems; Section 8-505. General Requirements for Release Detection; Section 8-506. Release Detection Requirements for Tanks, except 8-506(c)(1)(F); Section 8-507. Release Detection Requirements for Piping, Sumps, and Spill Containment; Section 8-508. Underground Storage Tank System Repairs, except 8-508(c)(9)(B), (C), and (D), and 8-508(g); Section 8-509. Periodic Inspections and Self-Certifications; Section 8-510. Unstaffed Facilities; Section 8-511. Testing of Sumps, Spill Containment, and Overfill Prevention Devices, except 8-511(c); Section 8-512. Field Constructed Tanks and Airport Hydrant Systems; Subchapter 6: Out-Of-Service, Continued Use, And Closure Standards for Underground Storage Tank Systems, Section 8-601. Applicability, except 8-601(c) and (d); Section 8-602. Out-of-Service Underground Storage Tank Systems; Section 8-603. Continued Use of Underground Storage Tank Systems; Section 8-604: Closure of Underground Storage Tank Systems, except the words "or three" in 8-604(g), 8-604(h)(3), and 8-604(i) with respect to the Secretary's issuance of an amended permit; Section 8-605. Release Assessment at the Time of Closure or a Change-In-Service; and 8-606. Closure Records.
2. Code of Vermont Rules 12-032-008. Chapter 35-Investigation and Remediation of Contaminated Properties Rule (Effective July 6, 2019) only insofar as they pertain to the regulation of underground storage tanks in Vermont and only insofar as they are incorporated by reference and are not broader in scope than the federal requirements.
Subchapter 1. General Provisions, except Section 35-103, Severability, and Section 35-107, Historical Fill Exemption; Subchapter 2. Definitions; Subchapter 3. Site Investigation; Subchapter 4. Data Evaluations; Subchapter 6. Corrective Action; Subchapter 7. Long Term Monitoring; Subchapter 8. Contaminated Soil, except Section 35-805. Development Soils ; Subchapter 9. Institutional Controls; Subchapter 10. Site Closure.
Virginia
(a) The statutory provisions include:
(1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control Law.
Article 9: Storage Tanks
Section 62.1-44.34:8 Definitions, except "Regulated substance" insofar as the term includes substances not regulated under the federal program
Section 62.1-44.34:9 Powers and duties of Board
Article 10: Petroleum Storage Tank Fund
Section 62.1-44.34:10 Definitions, except "Regulated substance" insofar as the term includes substances not regulated under the federal program
Section 62.1-44.34:11 Virginia Petroleum Storage Tank Fund
Section 62.1-44.34:12 Financial Responsibility
(b) The regulatory provisions include:
(1) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 580: Underground Storage Tanks: Technical Standards and Corrective Action Requirements.
Part I: Definitions, Applicability, and Installation Requirements for Partially Excluded UST Systems
9 VAC 25-580-10 Definitions, except the terms "Delivery prohibition," "Delivery prohibition tag," and "Regulated substance" insofar as the term includes substances not regulated under the federal program
9 VAC 25-580-20 Applicability
9 VAC 25-580-30 Installation requirements for partially excluded UST systems
Part II: UST Systems: Design, Construction, Installation, and Notification
9 VAC 25-580-50 Performance standards for new UST systems, except USBC permitting and inspection requirements at -50.4 and -50.5
9 VAC 25-580-60 Upgrading of existing UST systems, except USBC permitting and inspection requirements
9 VAC 25-580-70 Notification requirements
Part III: General Operating Requirements
9 VAC 25-580-80 Spill and overfill control
9 VAC 25-580-82 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment
9 VAC 25-580-85 Periodic operation and maintenance walkthrough inspections
9 VAC 25-580-90 Operation and maintenance of corrosion protection
9 VAC 25-580-100 Compatibility
9 VAC 25-580-110 Repairs allowed, except USBC permitting and inspection requirements
9 VAC 25-580-120 Reporting and recordkeeping
9 VAC 25-580-125 Operator training
Part IV: Release Detection
9 VAC 25-580-130 General requirements for all petroleum and hazardous substance UST systems
9 VAC 25-580-140 Requirements for petroleum UST systems
9 VAC 25-580-150 Requirements for hazardous substance UST systems
9 VAC 25-580-160 Methods of release detection for tanks, except USBC permitting and inspection requirements
9 VAC 25-580-170 Methods of release detection for piping, except USBC permitting and inspection requirements
9 VAC 25-580-180 Release detection recordkeeping
Part V: Release Reporting, Investigation, and Confirmation
9 VAC 25-580-190 Reporting of suspected releases
9 VAC 25-580-200 Investigation due to off-site impacts
9 VAC25-580-210 Release investigation and confirmation steps
9 VAC 25-580-220 Reporting and cleanup of spills and overfills
Part VI: Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
9 VAC 25-580-230 General
9 VAC 25-580-240 Initial response
9 VAC 25-580-250 Initial abatement measures and site check
9 VAC 25-580-260 Site characterization
9 VAC 25-580-270 Free product removal
9 VAC 25-580-280 Corrective action plan
9 VAC 25-580-300 Public participation
Part VII: Out-of-Service UST Systems and Closure
9 VAC 25-580-310 Temporary closure, except USBC permitting and inspection requirements
9 VAC 25-580-320 Permanent closure and changes-in-service, except USBC permitting and inspection requirements
9 VAC 25-580-330 Assessing the site at closure or change-in-service
9 VAC 25-580-340 Applicability to previously closed UST systems
9 VAC 25-580-350 Closure records
Part VIII: Delegation
9 VAC 25-580-360 Delegation of authority
Part X: UST Systems With Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems
9 VAC 25-580-380 General requirements, except USBC permitting and inspection requirements
9 VAC 25-580-390 Additions, exceptions, and alternatives for UST systems with field constructed tanks and airport hydrant systems, except USBC permitting and inspection requirements
Forms (9VAC25-580)
(2) Virginia Administrative Code, Title 9, Agency 25: State Water Control Board, Chapter 590: Petroleum Underground Storage Tank Financial Responsibility Requirements
9 VAC 25-590-10 Definitions
9 VAC 25-590-15 Applicability of incorporated references based on the dates that they became effective
9 VAC 25-590-20 Applicability
9 VAC 25-590-30 Compliance dates
9 VAC 25-590-40 Amount and scope of financial responsibility requirement
9 VAC 25-590-50 Allowable mechanisms and combinations of mechanisms
9 VAC 25-590-60 Financial test of self-insurance
9 VAC 25-590-70 Guarantee
9 VAC 25-590-80 Insurance and group self-insurance pool coverage
9 VAC 25-590-90 Surety bond
9 VAC 25-590-100 Letter of credit
9 VAC 25-590-105 Certificate of deposit
9 VAC 25-590-110 Trust fund
9 VAC 25-590-130 Substitution of financial assurance mechanisms by owner or operator
9 VAC 25-590-140 Cancellation or nonrenewal by a provider of financial assurance
9 VAC 25-590-150 Reporting by owner or operator
9 VAC 25-590-160 Recordkeeping
9 VAC 25-590-170 Drawing on financial assurance mechanism
9 VAC 25-590-180 Release from the requirements
9 VAC 25-590-190 Bankruptcy or other incapacity of owner, operator or provider of financial assurance
9 VAC 25-590-200 Replenishment of guarantees, letters of credit, certificates of deposit, or surety bonds
9 VAC 25-590-210 Virginia Petroleum Storage Tank Fund
9 VAC 25-590-220 Notices to the State Water Control Board
9 VAC 25-590-230 Delegation of authority
9 VAC 25-590-240 Lender liability
9 VAC 25-590-250 Local government financial responsibility demonstration
9 VAC 25-590-260 Modifications to language incorporated by reference
Appendix I: Letter from Chief Financial Officer
Appendix II: Guarantee
Appendix III: Endorsement
Appendix IV: Certificate of Insurance
Appendix V: Payment and Performance Bond
Appendix VI: Irrevocable Standby Letter of Credit
Appendix VII: Trust Agreement
Appendix VIII: Certification of Acknowledgement
Appendix IX: Certification of Financial Responsibility
Appendix X: Certification of a Valid Claim
Appendix XI: Letter from Chief Financial Officer (Short Form)
Appendix XII: Certificate of Group Self-Insurance Pool Membership
Appendix XIII: Assignment of Certificate of Deposit
Washington
(a) The statutory provisions include:
(1) Chapter 70A.355 RCW, "Underground Storage Tanks": Sections 70A.355.010, "Definitions"; 70A.355.020, "Department's Powers and Duties - Rule-Making Authority", Subsections 020(1), 020(2), 020(3); 70A.355.030, "Environmentally Sensitive Areas"; 70A.355.090, "Underground storage tank account"; 70A.355.100, "Preemption"; 70A.355.900, "Captions not law"; 70A.355.901 "Severability - 1989 c 346"; and 70A.355.902, "Effective Date - 1989 c 346".
(b) The regulatory provisions include:
(1) Washington Administrative Code, Chapter 173-360A:
173-360A-0100 Purpose of chapter
173-360A-0110 Applicability of chapter
173-360A-0120 Preemption of local programs
173-360A-0130 Approval of more stringent local requirements
173-360A-0150 Definitions, except subsections -150(24), -150(54), and -150(56)
173-360A-0190 Severability
173-360A-0230 Reporting requirements, except subsections -0230(1), (7), (8) and (9)
173-360A-0240 Recordkeeping requirements, except subsection -0240(5)
173-360A-0260 Information sharing
173-360A-0300 Installation of UST systems and components
173-360A-0310 Performance standards for new UST systems and components
173-360A-0320 Upgrade requirements for existing UST systems
173-360A-0330 Upgrade requirements for previously deferred UST systems
173-360A-0340 Performance standards for partially exempt UST systems
173-360A-0350 Compatibility requirements for UST systems
173-360A-0400 Transfer of reguated substances - Owners and operators
173-360A-0405 Transfer of regulated substances - Product deliverers and waste oil collectors
173-360A-0410 Change in regulated substances
173-360A-0420 Operation and maintenance walkthrough inspections
173-360A-0430 Operation and maintenance corrosion protection
173-360A-0440 Operation and maintenance internal linings
173-360A-0450 Operation and maintenance of containment sumps used for interstitial monitoring of piping
173-360A-460 Operation and maintenance of spill prevention equipment
173-360A-0470 Operation and maintenance of overfill protection equipment
173-360A-0480 Operation and maintenance of release detection equipment
173-360A-0500 Purpose and applicability
173-360A-0510 Designation of Class A, Class B, and Class C operators
173-360A-0520 Timing of operator training
173-360A-0530 Requirements for operator training, except subsection -530(1)(b)(i)(A), 0530(1)(b)(i)(B), 0530(1)(b)(i)(C) and 0530(1)(b)(ii)
173-360A-0540 Retraining requirements for Class A and Class B operators
173-360A-0545 Operation and maintenance plans
173-360A-0550 Emergency response requirements
173-360A-0560 Documentation and recordkeeping
173-360A-0600 General release detection requirements
173-360A-0610 Release detection requirements for tanks
173-360A-0615 Release detection requirements for piping
173-360A-0620 Inventory control
173-360A-0625 Weekly manual tank gauging
173-360A-0630 Automatic tank gauging
173-360A-0635 Tank tightness testing
173-360A-0640 Automatic line leak detectors
173-360A-0650 Line tightness testing
173-360A-0655 Interstitial monitoring
173-360A-0660 Vapor monitoring
173-360A-0665 Groundwater monitoring
173-360A-0670 Statistical inventory reconciliation
173-360A-0675 Other release detection methods
173-360A-0700 Reporting of suspected releases
173-360A-0710 Investigation due to off-facility impacts
173-360A-0720 Release investigation and confirmation steps
173-360A-0730 Site assessment requirements
173-360A-0740 Reporting and cleanup of spills and overfills, except subsection -0740(1)(a) in sofaras not to include groundwater contamination
173-360A-0750 Reporting and cleanup of confirmed releases
173-360A-0800 Temporary closure of UST systems
173-360A-0810 Permanent closure of UST systems
173-360A-0820 Change-in-service of UST systems
173-360A-0830 Previously closed UST systems
173-360A-1000 Applicability
173-360A-1005 Definition of terms
173-360A-1010 Period of financial responsibility
173-360A-1015 Scope and amount of financial responsibility
173-360A-1020 Allowable mechanisms and combination of mechanisms
173-360A-1025 Substitution of mechanisms by owners or operators
173-360A-1030 Termination of mechanisms by providers
173-360A-1035 Responsibilities upon bankruptcy or other incapacity of owner or operator or provider of financial assurance
173-360A-1040 Recordkeeping by ownerd and operators
173-360A-1045 Reporting by owners and operators
173-360A-1050 Use of standby trusts
173-360A-1055 Use of local government guarantees without standby trusts
173-360A-1060 Mechanism - Financial test of self-insurance
173-360A-1061 Mechanism - Guarantee
173-360A-1062 Mechanism - Insurance and risk retention group coverage
173-360A-1063 Mechanism - Surety bond
173-360A-1064 Mechanism - Letter of credit
173-360A-1065 Mechanism - Trust fund
173-360A-1066 Mechanism - Standby trust fund
173-360A-1070 Mechanism - Local government bond rating test
173-360A-1071 Mechanism - Local government financial test
173-360A-1072 Mechanism - Local government guarantee
173-360A-1073 Mechanism - Local government fund
173-360A-1080 Appendi A - Letter from chief financial officer
173-360A-1081 Appendix B - Guarantee
173-360A-1082 Appendix C - Endorsement
173-360A-1083 Appendix D - Certificate of insurance
173-360A-1084 Appendix E - Performance bond
173-360A-1085 Appendix F - Irrevocable standby letter of credit
173-360A-1086 Appendix G - Trust agreement
173-360A-1087 Appendix H - Certification of acknowledgement
173-360A-1088 Appendix I - Local government bond rating test - Letter from chief financial officer of general purpose local governments
173-360A-1089 Appendix J - Local government bond rating test - Letter from chief financial officer of nongeneral purpose local governments
173-360A-1090 Appendix K - Local government financial test - Letter from chief financial officer
173-360A-1091 Appendix L - Local government guarantee with standby trust made by a state
173-360A-1092 Appendix M - Local government guarantee with standby trust made by a local government
173-360A-1093 Appendix N - Local government guarantee without standby trust made by a state
173-360A-1094 Appendix O - Local government guarantee without standby trust made by a local government
173-360A-1095 Appendix P - Local government fund - Letter from chief financial officer
173-360A-1096 Appendix Q - Certification of financial responsibility
173-360A-1097 Appendix R - Certification of valid claim
(2) Washington Administrative Code, Chapter 173-340, "Model Toxics Control Act Cleanup Regulation":
173-340-450 Releases from underground storage tanks
173-340-600 Public notice and participation
West Virginia
(a) The statutory provisions include:
(1) Code of West Virginia, Chapter 22, Article 17: Underground Storage Tank Act
Section 22-17-1 Short title
Section 22-17-2 Declaration of policy and purpose
Section 22-17-3 Definitions
Section 22-17-4 Designation of division of environmental protection as the state underground storage tank program lead agency
Section 22-17-6 Promulgation of rules and standards by director, except § 22.17-6.(b)(12) (except as to installation) and (b)(13)
Section 22-17-8 Notification requirements
Section 22-17-9 Registration requirements; undertaking activities without registration
Section 22-17-10 Financial responsibility
Section 22-17-11 Performance standards for new underground storage tanks
Section 22-17-12 Confidentiality, except § 22-17-12.(b)
Section 22-17-14 Corrective action for underground petroleum storage tanks
Section 22-17-22 Underground storage tank insurance fund
(b) The regulatory provisions include:
(1) West Virginia Code of State Regulations, Title 33: Waste Management Rule, Series 30: Underground Storage Tanks
Section 33-30-1 General
Section 33-30-2 Adoption of Federal Regulations
Section 33-30-3 Certification Requirements for Individuals Who Install, Repair, Retrofit, Upgrade, Perform Change-in-Service, Close or Tightness Test Underground Storage Tank Systems or Install, Repair, Upgrade or Test Corrosion Protection on Underground Storage Tank Systems (as to Individuals Who Install)
Section 33-30-4 Notification Requirements
Notification for Underground Storage Tanks, revised 2/2018
40 C.F.R. 282, app A to Part 282
For FEDERAL REGISTER citations affecting appendix A to part 282, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.