changes, EPA must update the 1988 SPA regulations in 40 CFR part 281,
subpart C--Criteria for No Less Stringent. To continue providing states
with flexibility and not disrupt current state programs, EPA is
revising the 1988 SPA regulation to make it consistent with, but not
identical to, the 40 CFR part 280 changes. Instead, EPA is making
changes to the 1988 SPA regulation in a less prescriptive manner than
the changes to 40 CFR part 280. Since 1988, this approach has proven a
successful way to implement the UST program and provide environmental
protection.
    The 1988 SPA regulation developed no less stringent criteria in the
form of objectives.\120\ EPA is continuing this format so that, taken
as a whole, state programs will be no less stringent than the federal
requirements, even though state programs may deviate slightly from what
is explicitly required in 40 CFR part 280. For example, Sec.  281.30
covers the no less stringent requirement for new UST system design,
construction, and installation; it corresponds to Sec.  280.20 of this
final UST regulation, but is much less explicit about requirements.
---------------------------------------------------------------------------

    \120\ 53 FR 37216, September 23, 1988.
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    According to Sec.  281.30 and in order to receive SPA, a state must
require all new UST systems ``. . . [b]e designed, constructed, and
installed in a manner that will prevent releases for their operating
life due to manufacturing defects, structural failure, or corrosion . .
.''. In contrast, Sec.  280.20 is much more explicit about how tank
owners and operators ensure their tanks and piping prevent releases. It
states what is required to prevent releases and provides codes of
practice to comply. Although Sec.  281.30 is less explicit, it
nonetheless ensures owners and operators in approved states install UST
systems that prevent releases and provides states flexibility in
achieving that goal.
Goal Oriented Changes
    EPA is making goal oriented changes to subpart C--Criteria for No
Less Stringent. By the term goal oriented changes, EPA means changes in
which states have some flexibility as to how they meet the goals of
particular sections of the final SPA regulation. These changes reflect
certain 40 CFR part 280 changes.

 Sec.  281.30(c)--add notification for ownership changes
 Sec. Sec.  281.31 and 281.33(b)--add a phase-in schedule for
upgrading previously deferred airport hydrant fuel distribution systems
and UST systems with field-constructed tanks
 Sec.  281.32(c)--add requirement for states to include
provisions for demonstrating compatibility with new and innovative
regulated substances or other regulated substances identified by
implementing agencies

or include other provisions determined by the implementing agency to be
no less protective of human health and the environment than the
provisions for demonstrating compatibility
 Sec. Sec.  281.32(e) and (f) and 281.33(a)(3)--add periodic
testing or inspection of spill and overfill prevention equipment,
containment sumps used for interstitial monitoring of piping, and
mechanical and electronic release detection components; and operation
and maintenance walkthrough inspections, as well as maintaining
associated records

    The ownership change notification in Sec.  280.22 requires anyone
who assumes ownership of an UST system to notify the implementing
agency within 30 days of assuming ownership and specifies what
notification must include. However, the SPA regulation change in Sec.
281.30(c) is much less prescriptive and indicates that states require
owners and operators to ``. . . notify the implementing state agency
within a reasonable time frame when assuming ownership of an UST
system.'' This provides states some flexibility in complying, including
allowing them to continue relying on an annual tank registration
program to meet this requirement. This is a reasonable way to ensure
states know who owns USTs in their jurisdictions. EPA does not have an
annual UST registration program, so we specify a time frame in Sec.
280.22 because we want to know who owns tanks in jurisdictions where we
are the implementing agency.
    EPA is requiring that previously deferred airport hydrant fuel
distribution systems and UST systems with field-constructed tanks meet
specific upgrade requirements in subpart K. This is one way that states
can achieve compliance with Sec.  281.31, which requires states ensure
tanks are upgraded to prevent releases due to corrosion, spills, and
overfills or be permanently closed. EPA concludes these more general
requirements are sufficient for a state program to protect human health
and the environment because they require UST systems to ``. . . prevent
releases for their operating life. . . .'' EPA thinks it is also
adequate to upgrade previously deferred systems to this standard.
    Additionally, EPA is requiring airport hydrant systems, field-
constructed tanks, and emergency generator tanks be upgraded within
three years of the effective date of the state requirements. For states
which did not defer these systems or already had their requirements in
place before the effective date of this final SPA regulation, the three
year requirement does not apply. In the past, EPA experienced issues
with requiring states to have a particular requirement by a certain
date in order to receive SPA. States applying for SPA after a deadline
passed often had difficulty implementing or obtaining a retroactive
requirement. EPA understands that states may have given owners and
operators of UST systems previously deferred by EPA different time
periods than three years to initially meet their requirements.
    In Sec.  281.32(c), EPA is adding a requirement for states to
include provisions for demonstrating compatibility with new and
innovative regulated substances or other regulated substances
identified by implementing agencies or include other provisions
determined by the implementing agency to be no less protective of human
health and the environment than the provisions for demonstrating
compatibility. EPA is concerned about the compatibility of new and
innovative fuels with the existing UST system infrastructure. We added
to Sec.  280.32 methods for demonstrating compatibility of UST systems
with certain ethanol and biodiesel blends in response to this concern.
State UST implementing agencies also need to ensure owners and
operators only store regulated substances compatible with their UST
systems. Requiring states have provisions in place for storing new and
innovative regulated substances in order to receive SPA ensures states
are taking appropriate steps to ensure compatibility of the UST system
with a rapidly expanding spectrum of traditional and new and innovative
fuels.
    This final UST regulation adds various UST operation and
maintenance requirements. In 40 CFR part 280, EPA is requiring specific
frequencies and procedures for testing or inspecting spill and overfill
prevention equipment, testing containment sumps used for interstitial
monitoring of piping, testing release detection equipment, and
conducting operation and maintenance walkthrough inspections. According
to Sec.  281.32, states must require these tests or inspections in a
manner and frequency that ensures proper functionality of equipment,
includes proper operation and maintenance of the UST system, and
prevents releases for the life of the equipment and UST system. EPA
thinks this approach allows states that implement these requirements
despite different frequencies or manners, to receive SPA, as long as
their requirements sufficiently ensure properly functioning non-
releasing UST systems. EPA is updating Sec.  281.32(g) by adding these
activities to the recordkeeping requirements of SPA.
Energy Policy Act Changes
    In this final SPA regulation, EPA is addressing Energy Policy Act
requirements more generally than in this final UST regulation; however,
the Energy Policy Act requirements are slightly different than the goal
oriented approach discussed above. The Energy Policy Act amends the
Solid Waste Disposal Act and requires states, which receive federal
Subtitle I money, to adopt operator training requirements, delivery
prohibition, and additional measures to protect groundwater from
contamination. In the additional measures to protect groundwater
provision, states must require either secondary containment and
interstitial monitoring for new or replaced tanks and piping within
1,000 feet of a potable drinking water well or community water system,
or manufacturer and installer financial responsibility and installer
certification. The secondary containment requirement includes under-
dispenser containment on any new motor fuel dispenser system within
1,000 feet of a potable drinking water well or community water system.
    EPA developed guidelines for states to implement the Energy Policy
Act requirements; many states implemented the Energy Policy Act
requirements according to these guidelines. In order to impose similar
requirements in Indian country and in states that do not adopt Energy
Policy Act requirements, EPA is adding secondary containment and
operator training to these 40 CFR part 280 requirements. However, it is
not EPA's intent to supersede programs states developed to meet Energy
Policy Act requirements.
    Several commenters had concerns about the Energy Policy Act
provisions. Seven commenters wanted to ensure states only have to meet
Energy Policy Act grant guidelines and do not have to change their
regulations to mirror the 40 CFR part 280 requirements in order to
obtain SPA. These commenters were also concerned that EPA requirements
for secondary containment and operator training could be considered
more stringent than state requirements that met the grant guidelines.
EPA agrees that requiring states to alter newly implemented provisions
could cause unnecessary work for states and UST owners. Therefore, this
final SPA regulation explicitly addresses the secondary containment,
manufacturer and installer financial responsibility

and installer certification, delivery prohibition, and operator
training requirements that appear in the Energy Policy Act. EPA agrees
that it is not necessary for states already meeting these Energy Policy
Act requirements to change their programs in order to receive or retain
SPA. EPA was unable to incorporate a similar requirement in 40 CFR part
280, so states will need to obtain SPA in order to ensure there is no
difference between state and federal requirements with respect to
Energy Policy Act requirements.
    EPA is adding definitional exceptions in Sec.  281.12(b). This
final SPA regulation allows states to use definitions associated with
tank and piping secondary containment and operator training that are
different than those in 40 CFR part 280 as long as those definitions
are consistent with definitions described in sections 9003 and 9010 of
the Solid Waste Disposal Act. This change provides states with
additional flexibility in defining key terms.
    EPA is adding additional measures to protect groundwater and is
adding operator training requirements in subpart C (Sec. Sec.
281.22(d)(3), 281.30(a), 281.33(c)(2), and 281.39). Delivery
prohibition is in subpart D--Adequate Enforcement of Compliance (Sec.
281.40(a)). Because delivery prohibition is an enforcement option, EPA
is requiring states have authority to prohibit deliveries according to
the Energy Policy Act and EPA's grant guidelines, rather than make this
a no less stringent requirement.
    EPA is not adding delivery prohibition to 40 CFR part 280 because
delivery prohibition is primarily an enforcement option for
implementing agencies; it is not a requirement for owners and
operators. Because the Energy Policy Act gives EPA clear delivery
prohibition enforcement authority, we do not need to add delivery
prohibition to this final UST regulation. However, the only way to
ensure states have that same authority is to require states implement
delivery prohibition as a prerequisite for SPA, as required in Sec.
281.40(a).
Specific Changes
    EPA is making the changes listed below to subpart C--Criteria for
No Less Stringent to reflect changes made in 40 CFR part 280. These
changes ensure states adopt the changes made in 40 CFR part 280 and are
able to receive SPA.

 Sec. Sec.  281.30(a)(1) and 281.33(d)(3)--exclude safe suction
piping, airport hydrant system piping, and field-constructed tank
piping from being required to meet the secondary containment and
interstitial monitoring requirements
 Sec.  281.30(b)--eliminate flow restrictors for new or
replaced overfill prevention
 Sec.  281.31--delete upgrading requirements
 Sec.  281.33(c)--limit use of monthly inventory control in
combination with tank tightness testing conducted every five years for
the first ten years after the tank is installed or upgraded, if the
tank was installed prior to a state receiving SPA
 Sec.  281.33(e)--require hazardous substance USTs to only use
secondary containment with interstitial monitoring
 Sec.  281.34(a)(1)--add ``. . . interstitial space may have
been compromised . . .'' to suspected releases
 Sec.  281.37--eliminate phase-in requirement for financial
responsibility

    In Sec. Sec.  281.30(a)(1) and 281.33(d)(3) EPA is not requiring
safe suction piping, airport hydrant system piping, and piping
associated with field-constructed tanks greater than 50,000 gallons in
capacity to meet the secondary containment and interstitial monitoring
requirements. Suction piping that meets the requirements of Sec.
281.33(d)(2)(ii) has characteristics that ensure little, if any,
regulated substances will be released if a break occurs in the line.
For additional information see section A-2, Secondary Containment. EPA
is not requiring secondary containment for piping associated with
field-constructed tanks greater than 50,000 gallons in capacity and
airport hydrant system piping due to sloping and corrosion concerns.
For additional information, see section C-2, Airport Hydrant Fuel
Distribution Systems and UST Systems with Field-Constructed Tanks.
    In Sec.  281.30(b), EPA is requiring states, which receive SPA, not
allow installation of flow restrictors (commonly referred to as ball
floats) in vent lines for overfill prevention for new installations or
when flow restrictors need to be replaced. The existing goal of Sec.
281.30(b) is for states to require that UST systems have equipment to
prevent spills and overfills. In this final UST regulation, EPA
maintains the overall goal to prevent spills and overfills; however,
owners and operators can no longer install ball floats to achieve that
goal.
    The deadlines for upgrades and for owners and operators to obtain
financial responsibility have passed. As a result, EPA is deleting the
1988 UST regulation deadlines in the final SPA regulation. In
Sec. Sec.  281.31 and 281.33(b), EPA is removing the option for UST
upgrades, except for USTs deferred in the 1988 UST regulation. In Sec.
281.37, we are eliminating the financial responsibility phase-in
schedule. Please note EPA is allowing states to implement UST
requirements, such as upgrades and operation and maintenance, after the
deadlines in 40 CFR part 280. EPA is taking this action because
experience has shown that some states had difficulties implementing a
retroactive requirement when applying for SPA after a federal deadline
has passed.
    In Sec.  281.33(c), EPA is allowing monthly inventory control in
combination with tank tightness testing conducted every five years as a
release detection method for the first ten years after a tank is
installed or upgraded, only if a tank was installed prior to a state
receiving SPA for the 1988 UST regulation. This reflects a change in 40
CFR part 280 and avoids another problem in the 1988 SPA regulation.
First, EPA is eliminating this method for new installations. Second,
EPA is tying the date for eliminating this method to the effective date
of a state's regulations. EPA concludes it is better to tie deadlines
in the final SPA regulation to the effective date of states'
regulations, rather than dictate specific dates for all states. In the
2011 proposed SPA regulation, we tied the deadlines to the date a state
submitted its SPA application or revised application. However, in this
final SPA regulation, we realize tying the deadlines to the effective
date of a state's regulations is clearer for state regulators as well
as owners and operators.
    Several commenters were concerned with how release detection
requirements were expressed in 40 CFR part 281. One commenter was
concerned that the term monthly in Sec.  281.33(c)(1) is not as
stringent as the 40 CFR part 280 requirement of completing release
detection every 30 days. This commenter wanted EPA to amend the 40 CFR
part 281 language so it matches the 30 day wording in 40 CFR part 280.
EPA is maintaining the term monthly in 40 CFR part 281. EPA agrees
there is variation between the 30 day time frame in 40 CFR part 280 and
monthly in 40 CFR part 281. For states receiving SPA, the difference
should result in a variation of only a few days, and therefore need not
be changed. It is EPA's position that release detection monitoring
should be conducted on a consistent and frequently occurring basis. EPA
chose the 30 day period in 40 CFR part 280 to represent an average
calendar month.

    In this final SPA regulation, EPA is requiring states, which wish
to receive SPA, no longer allow installation of non-secondarily
contained hazardous substance UST systems. This is consistent with
EPA's change in Sec.  280.42(e); an equivalent and specific change in
the final SPA regulation is the only way to ensure states adopt it. For
consistency with changes in this final UST regulation and to ensure
states wishing to receive SPA adopt this change, in Sec.  281.34(a)(1),
EPA is adding ``. . . interstitial space may have been compromised . .
.'' to suspected release conditions.
    One commenter expressed concern with the release detection language
in Sec.  280.41(b)(2)(ii), which indicates EPA intends to exempt from
release detection requirements suction piping that meets the condition
of paragraphs (b)(1)(ii)(A) through (E). However Sec.  281.33(d)(3)
indicates that in order to be considered no less stringent, states must
require new or replaced piping use interstitial monitoring with
secondary containment. EPA agrees with the commenter that we need to
modify Sec.  281.33(d)(3) to incorporate the concepts of Sec.
280.41(b)(2)(ii). In the final SPA regulation, EPA is modifying Sec.
281.33(d)(3) to indicate that the requirement is applicable to all
pressurized piping and suction piping that does not meet standards in
Sec.  281.33(d)(2)(ii).
    One commenter said that it may be very difficult to achieve
compliance with release detection requirements for emergency power
generator USTs within one year. This commenter suggested that EPA
reword Sec.  281.33(b)(3) to give owners at least three years from the
effective date of the final SPA regulation. EPA agrees with the
commenter and is extending the date of compliance for this requirement
to three years as we are in this final UST regulation; this approach
corresponds with EPA's goal of aligning dates of compliance to the
extent possible.

Addressing SPA Revision Process

    EPA is adding a requirement for approved states to submit a revised
application within three years of final SPA regulation changes that
require a program revision under Sec.  281.51. Approved states are
required to revise their programs and submit revised applications
whenever the federal program changes or EPA's Administrator requests a
revised application based on changes to a state's program. Given these
significant changes, EPA thinks it is necessary to develop a time frame
which will ensure approved states meet final SPA regulation changes in
a reasonable time. EPA's language in Sec.  281.51 is intended only to
require a state program revision within three years if EPA makes
changes that necessitate state program changes. For instance, these
changes to subpart C--Criteria for No Less Stringent will require state
program revision.
    Commenters disagreed on the appropriate time frame for states to
submit their SPA applications. Some said three years was appropriate,
while others preferred a different time frame. EPA maintains that three
years is adequate for most states to re-apply for SPA. One commenter
expressed concern about what will happen to a state's SPA status if it
does not re-apply within the required time frame. While most states
will be able to meet the three-year deadline for program revision, EPA
is aware that some states may need additional time. EPA will work with
states which have not revised their programs within three years. EPA
will ask those states to demonstrate their level of effort, show
progress to date, and provide dates when they will achieve major
milestones for revising their programs and submitting revised
applications. EPA will consider these factors before initiating state
program approval withdrawal. One commenter was concerned about the cost
to states of revising and reapplying for SPA. It is important for
states to reapply for SPA to ensure they make appropriate changes to
their programs.

Additional Changes to SPA Regulation

    EPA is making these additional changes; they are not a direct
result of these 40 CFR part 280 changes. Rather, the majority are
corrections to the 1988 SPA regulation.

 Sec.  281.10--change subpart to part
 Sec. Sec.  281.11(c), 281.20(d), 281.21(a)(2), 281.23, and
formerly Sec.  281.51--eliminate interim approval
 Sec.  281.12(a)(2)--change Indian lands to Indian country
 Sec.  281.32(e)--eliminate requirement to maintain upgrade
records
 Formerly Sec.  281.38--eliminate reserved section for
financial responsibility for USTs containing hazardous substances
 Move Sec.  281.39 to Sec.  281.38--Lender Liability
 Sec. Sec.  281.50(e) and 281.51(c)(1)--clarify how to provide
public notice to attract statewide attention
 Sec.  281.61--move Sec.  281.60(b) to Sec.  281.61(b)(2)

    The 1988 SPA regulation incorrectly uses the term subpart in Sec.
280.10 and, therefore, EPA is correctly changing this to part. EPA has
been using the term Indian country instead of Indian lands for years.
We are now incorporating this term in this final SPA regulation; this
does not alter the meaning. EPA is removing the reserved financial
responsibility for USTs containing hazardous substances section
(formerly Sec.  281.38); moving the lender liability section from Sec.
281.39 to Sec.  281.38; and including the new operator training section
in Sec.  281.39. Because operator training needs to be in subpart C,
which has no section numbers available, this eliminates the need to
renumber subpart D. Also, the reserved financial responsibility for
hazardous substances section is unnecessary since there is no
corresponding requirement in 40 CFR part 280.
    EPA is deleting the interim SPA approval language in Sec. Sec.
281.11(c) and 281.51. In more than 20 years of the UST program, no
state applied for interim approval; it is more beneficial to receive
full approval all at once, rather than in steps. Also, because 40
states, including the District of Columbia and Puerto Rico, have SPA as
of 2014, EPA thinks interim SPA approval is unnecessary at this time.
    EPA is eliminating the requirement to maintain upgrade records for
the operational life of an UST facility. This requirement in Sec.
281.32(e) of the 1988 SPA regulation does not exist in 40 CFR part 280.
In addition, except for airport hydrant systems and field-constructed
tanks, EPA is no longer allowing upgrades.
    EPA is clarifying how to provide public notice to attract statewide
attention in Sec. Sec.  281.50(e) and 281.51(c)(1). In today's digital
age, it is unnecessary to require publication in a state's newspapers.
Each state can determine the most appropriate methods for public notice
and statewide attention.
    EPA is also moving Sec.  281.60(b) to Sec.  281.61(b). This
paragraph explains the procedure EPA will follow to withdraw approval
after the conclusion of the proceeding to withdraw approval. EPA thinks
this paragraph is better suited for Sec.  281.61, which explains the
procedures for withdrawing approval, as opposed to Sec.  281.60, which
explains the criteria for withdrawal.

VI. Overview of Estimated Costs and Benefits

    EPA prepared an analysis of the potential incremental costs and
benefits associated with this final UST regulation. This analysis is
contained in the regulatory impact analysis document titled Assessment
of the Potential Costs, Benefits, and Other Impacts of the Final
Revisions to EPA's

Underground Storage Tank Regulations, which is available in the docket
for this action. The RIA estimated regulatory implementation and
compliance costs, as well as benefits for the three regulatory options
described in section IV, subsection F. In the RIA, EPA estimated
regulatory compliance costs on an annualized basis for the three
options: $160 million (Selected Option), $290 million (Option 1), and
$70 million (Option 2). Separately, the analysis assessed the potential
benefits of the final UST regulation. As discussed in the RIA, a
substantial portion of the beneficial impacts associated with the final
UST regulation are avoided cleanup costs as a result of preventing
releases and reducing the severity of releases. This action is expected
to have annual cost savings related to avoided costs of $310 million
(range: $120-$530 million) per year under the Selected Option, $450
million (range: $210-$670 million) per year under Option 1, and $230
million (range: $45-$420 million) per year under Option 2. Due to data
and resource constraints, EPA was unable to quantify some of the final
UST regulation's benefits, including avoidance of human health risks,
ecological benefits, and mitigation of acute exposure events and large-
scale releases, such as those from airport hydrant systems and field-
constructed tanks. EPA was also unable to place a monetary value on the
groundwater protected by the final UST regulation, but estimates that
this final UST regulation could potentially protect 50 billion to 240
billion gallons of groundwater each year.

VII. Statutory and Executive Orders

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under section 3(f)(1) of Executive Order (EO) 12866 (58 FR 51735,
October 4, 1993), this action is an economically significant regulatory
action because it is likely to have an annual effect on the economy of
$100 million or more. Accordingly, EPA submitted this action to the
Office of Management and Budget (OMB) for review under EO 12866 and EO
13563 (76 FR 3821, January 21, 2011) and any changes made in response
to OMB recommendations are documented in the docket for this action.
Also, as part of EO 13563, EPA encourages owners and operators to
maintain records electronically which simplifies compliance and
recordkeeping by using 21st century technology tools.\121\
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    \121\ Executive Order 13563, Improving Regulation and Regulatory
Review, Section 3, http://www.gpo.gov/fdsys/pkg/FR-2011-01-21/pdf/2011-1385.pdf.
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B. Paperwork Reduction Act

    The information collection requirements (ICR) in this rule will be
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection requirements are not enforceable until OMB
approves them.
    The proposed rule ICR was submitted to OMB on 11/18/2011 under OMB
number 2050-0068, ICR number 1360.11. On 1/30/2012 OMB released a
Notice of Action of comment filed on proposed rule and continue. They
also issued this comment: ``Terms of the previous clearance remain in
effect. OMB is withholding approval at this time. Prior to publication
of the final rule, the agency should provide a summary of any comments
related to the information collection and their response, including any
changes made to the ICR as a result of comments. In addition, the
agency must enter the correct burden estimates. This action has no
effect on any current approvals.'' The final rule ICR will be submitted
to OMB under a new ICR OMB control number.
    This action contains mandatory information collection requirements.
The labor burden and associated costs for these requirements are
estimated in the ICR supporting statement for this final action. The
supporting statement identifies and estimates the burden for each of
the changes to the regulation that include recordkeeping or reporting
requirements. Changes include: adding secondary containment
requirements for new and replaced tanks and piping; adding operator
training requirements; adding periodic operation and maintenance
requirements for UST systems; regulating certain UST systems deferred
in the 1988 UST regulation; adding new release prevention and detection
technologies; and updating state program approval requirements to
incorporate these new changes.
    Based on the same data and cost calculations applied in the RIA for
this action, but using the burden estimations for ICRs, the ICR
supporting statement estimates an average annual labor hour burden of
344,000 hours and $12 million for the final UST regulation. One time
capital and hourly costs are included in these estimates based on a
three year annualization period. Burden is defined at 5 CFR 1320.3(b).
The total universe of respondents for this ICR is comprised of 211,154
facilities and 56 states and territories. Burden is defined at 5 CFR
1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9. When this ICR is approved by
OMB, the agency will publish a technical amendment to 40 CFR part 9 in
the Federal Register to display the OMB control number for the approved
information collection requirements contained in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any regulation subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute, unless the agency certifies that
the regulation will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this final UST regulation
on small entities, a small entity is defined as: (1) A small business
as defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are small businesses and
small governmental jurisdictions. We have determined that less than 1
percent of potentially affected small firms in the retail motor fuel
sector (NAICS 447) will experience an impact over 1 percent of
revenues, but less than 3 percent of revenues. No small firms have
impacts above 3 percent of revenues. In addition, we estimate that no
small governmental jurisdictions will be impacted at 1 percent or 3
percent of revenues. This certification is based on the small entities
analysis contained in the RIA for this final rule.

    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless
sought to reduce the impact of this rule on small entities. EPA
conducted extensive outreach to determine how to change the 1988 UST
regulation. EPA worked with representatives of owners and operators and
reached out specifically to small businesses. In addition, EPA limited
changes that would have required major retrofits to UST systems, since
this would place a high financial burden on small businesses. Finally,
EPA provided numerous options for compliance in order to provide as
much flexibility as possible for small entities. EPA also aligned
compliance dates to facilitate owner and operator compliance.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
state, local, and tribal governments and the private sector. This rule
contains a federal mandate that may result in expenditures of $100
million or more for state, local, and tribal governments, in the
aggregate, or the private sector in any one year. Accordingly, EPA
prepared under section 202 of the UMRA a written statement which is
summarized below.
    As estimated in the RIA, on an annualized basis, the total
estimated regulatory compliance costs for the three options in this
final action are $160 million (Selected Option), $290 million (Option
1), and $70 million (Option 2). Of this amount, annualized costs to
state and local governments total $6.8 million under the Selected
Option, $14 million under Option 1, and $3.6 million under Option 2.
These costs consist of estimated regulatory compliance costs for state
and local governments that currently own or operate UST systems and
annualized costs of $120,000 for states to implement the final UST
regulation. EPA estimates total annualized costs to owners and
operators of tribally-owned UST systems are $0.67 million under the
Selected Option. The estimated annualized cost to the private sector is
approximately $130 million under the Selected Option, $270 million
under Option 1, and $67 million under Option 2. While this final UST
regulation may result in expenditures of $100 million or more for the
private sector, thereby triggering section 202 of the UMRA, this final
UST regulation is not subject to the requirements of section 204 of
UMRA because EPA does not think state, local, and tribal governments
will incur aggregate costs of over $100 million per year.
    Consistent with section 205, EPA identified and considered a
reasonable number of regulatory alternatives. This final UST regulation
identifies the regulatory options EPA considered. The RIA estimates the
annual cost across the three considered options may range between $70
million and $290 million. Section 205 of the UMRA requires federal
agencies to select the least costly or most cost-effective regulatory
alternative unless EPA publishes with the final regulation an
explanation of why such alternative was not adopted. As discussed
earlier in the preamble, EPA considered and evaluated variations of a
subset of the regulatory requirements using two alternative options
(Options 1 and 2). Despite Option 2's lower costs, EPA chose the
Selected Option because it provides for greater protection of human
health and the environment and better addresses stakeholder concerns.
    This rule is not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on states, the relationship between the
federal government and states, or the distribution of power and
responsibilities among various levels of government, as specified in EO
13132. Under this final action, total costs to all affected states and
local governments (including direct compliance costs, notification
costs, and state program costs) are approximately $9 million. This is
not considered to be a substantial compliance cost under federalism
requirements. Thus, Executive Order 13132 does not apply to this
action.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on the proposed action
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Subject to Executive Order 13175 (65 FR 67249, November 9, 2000)
EPA may not issue a regulation that has tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the money necessary
to pay the direct compliance costs incurred by tribal governments, or
EPA consults with tribal officials early in the process of developing
the proposed regulation and develops a tribal summary impact statement.
    EPA has concluded that this action will have tribal implications to
the extent that tribally-owned entities with UST systems in Indian
country will be affected. However, it will neither impose substantial
direct compliance costs on tribal governments, nor preempt tribal law.
EPA estimated total annualized costs for tribally-owned UST systems in
Indian country to be $0.67 million.
    EPA consulted with tribal officials early in the process of
developing this regulation to permit them to have meaningful and timely
input to its development. EPA consulted with tribes on possible changes
to the UST regulation shortly after the passage of the Energy Policy
Act of 2005. The Energy Policy Act directed EPA to coordinate with
tribes in developing and implementing an UST program strategy in Indian
country which would supplement the existing approach. EPA and tribes
worked collaboratively to develop a tribal strategy.
    There are certain key provisions of the Energy Policy Act that
apply to states receiving federal Subtitle I money, but do not apply in
Indian country. Nonetheless, EPA's goal in this final UST regulation is
to establish in Indian country federal requirements similar to the
Energy Policy Act provisions; this is an important step in achieving
more consistent program results in release prevention. Both EPA and
tribes recognize the importance of ensuring parity in program
implementation between states and in Indian country.
    In addition to early consultation with tribes, EPA also reached out
to tribes as we started the official rulemaking process and while
developing the 2011 proposed UST regulation. EPA sent letters to
leaders of over 500 tribes, as well as to tribal regulatory staff,
inviting their participation in developing the 2011 proposed UST
regulation. EPA also held conference calls for tribes to provide input.
EPA heard from both tribal officials who work as regulators as well as
representatives of owners and operators of UST systems in Indian
country. The tribal regulators raised concerns about ensuring parity of
environmental protection between states and Indian country.
    EPA determined that this final UST regulation is needed to ensure
parity between UST systems in states and in Indian country. This final
UST regulation is also needed to ensure

equipment is both installed and working properly, which will protect
the environment from potential releases.
    As required by section 7(a), EPA's Tribal Consultation Official
certified that the requirements of the Executive Order have been met in
a meaningful and timely manner. EPA included a copy of the
certification in the docket for this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because the Agency does not think the environmental health risks
or safety risks addressed by this action present a disproportionate
risk to children. EPA's risk assessment for this action examines
potential impacts to groundwater and subsequent chemical transport,
exposure, and risk. While the risk assessment did not specifically
measure exposure to children, the general exposure scenarios reflect
four exposure pathways that have the most significant potential for
human health impacts. They are:
     Ingestion of chemicals in groundwater that have migrated
from the source area to residential drinking water wells;
     Inhalation of volatile chemicals when showering with
contaminated groundwater;
     Dermal contact with chemicals while bathing or showering
with contaminated groundwater; and
     Inhalation of vapors that may migrate upward from
contaminated groundwater into overlying buildings.
    Adults and children can potentially be exposed through all four
exposure pathways considered. For adults, inhalation of vapors while
showering is the most significant exposure pathway; for children,
ingestion is the most significant pathway, because they are assumed to
take baths and are, therefore, not exposed via shower vapor inhalation.
As a result of the longer exposure from showering, adults are more
sensitive receptors for cancer effects compared to children,
particularly those under age 5 who are assumed to take more baths and
fewer showers.\122\
---------------------------------------------------------------------------

    \122\ United States Department of Health and Human Services,
Public Health Service, Agency for Toxic Substances and Disease
Registry, Toxicological Profile For Polycyclic Aromatic
Hydrocarbons, August 1995.
---------------------------------------------------------------------------

    While the screening level risk assessment is limited in that it
only examines benzene impacts, the final UST regulation will likely
reduce other contaminant exposures to children in a similar pattern and
will not create significant adverse impacts on children's health.
    The screening level population analysis performed to examine EO
12898 shows that children under 18 years and children under 5 years of
age are slightly less likely to be found in the vicinity of UST
facilities. This suggests that the impacts of this action will not have
a disproportionate impact on children's health. Moreover, because all
regulatory options in this action will increase regulatory stringency
and reduce the number and size of releases, EPA does not expect this
action to have any disproportionate adverse impact on children.

H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a significant energy action as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The following summarizes EPA's
assessment of the energy impacts this final UST regulation will have on
energy supply, distribution, and use.
    This final UST regulation consists of additional regulatory
requirements that apply to the owners and operators of underground
storage tanks. To the extent that the final UST regulation affects the
motor fuel sector, it does so at the retail motor fuel sales level,
rather than the level of refineries or distributors, who supply the
retail stations with motor fuel. Therefore, we do not expect this final
UST regulation to have a significant adverse impact on energy supply or
distribution.
    The additional regulatory requirements contained in this final UST
regulation may increase compliance costs for owners and operators of
retail motor fuel stations. If owners and operators of retail motor
fuel stations affected by the final UST regulation can pass through
their increased compliance costs, energy use may be affected via higher
energy prices caused by the final UST regulation. However, we do not
expect a significant change in retail gasoline prices to result from
this final UST regulation for the following reasons:
     Economic analyses of retail fuel prices revealed that
demand for gasoline is highly sensitive to price (elastic) within
localized geographic areas--as a result, if one motor fuel retailer in
an area passes through increases in compliance costs by increasing
gasoline prices, while another does not, the one with higher prices is
at a competitive disadvantage; and
     Retail motor fuel stations often have associated stores or
services, such as car washes, repair operations, and convenience
outlets, on which they can more successfully pass through increases in
compliance costs.
    Furthermore, when considered in the context of total fuel
consumption in the United States, this final UST regulation will
represent only a very small fraction of motor fuel prices, even if
fully passed through to consumers. According to the Bureau of
Transportation Statistics, the United States consumed approximately 169
billion gallons of motor fuel (including gasoline and diesel) in 2011
at an average price of $3.73.\123\ This implies that consumers spent
$629 billion in 2012 on motor fuel. The overall cost of the final UST
regulation is approximately $160 million, less than 0.1 percent of the
amount spent by end users on motor fuel in 2012. In comparison, an
increase of 1 cent in the average price of motor fuel in 2012 would
have increased the total cost to consumers by approximately $1.7
billion. Given these circumstances, this final UST regulation should
not measurably impact retail motor fuel prices. As a result, EPA does
not expect this final UST regulation to have a significant adverse
impact on energy prices or use.
---------------------------------------------------------------------------

    \123\ 2011 is the latest year data available from Bureau of
Transportation Statistics for gallons of motor fuel consumed, as
reported by: U.S. Department of Transportation, Research and
Innovative Technology Administration, Bureau of Transportation
Statistics. Accessed at: http://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/national_transportation_statistics/html/table_04_09.html. The 2012
prices per gallon for all grades of retail motor gasoline and No. 2
diesel fuel (all concentrations of sulfur) were $3.63 and $3.97,
respectively, as reported by: U.S. Energy Information
Administration. Short-Term Energy Outlook--Real and Nominal Energy
Prices for 2012. Accessed at: http://www.eia.gov/forecasts/steo/realprices/. We weight these prices according to prime supplier
sales volumes in 2012 published by the Energy Information
Administration, which summed to 347,234.5 thousands of gallons per
day for gasoline and 143,270.6 thousands of gallons per day for all
grades of diesel fuel (U.S. Energy Information Administration.
Petroleum & Other Liquids. Prime Supplier Sales Volumes. Accessed
at: http://www.eia.gov/dnav/pet/pet_cons_prim_dcu_nus_a.htm.
---------------------------------------------------------------------------

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical

standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when EPA decides not to use
available and applicable voluntary consensus standards.
    This action uses technical standards. EPA has decided to use
voluntary consensus standards, called codes of practice, described in
section E-2. These codes of practice meet the objectives of this action
by establishing criteria for the design, construction, and maintenance
of underground storage tanks.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    To inform us about the socioeconomic characteristics of communities
potentially affected by this final UST regulation, EPA conducted a
screening analysis under the 2011 proposed UST regulation to examine
whether there is a statistically significant disparity between
socioeconomic characteristics of populations located near UST
facilities and those that are not.\124\ As discussed in the RIA, the
results indicate that minority and low-income populations are slightly
more likely to be located near UST facilities. An environmental justice
analysis would then require an assessment of whether there would be
disproportionate and adverse impacts on these populations. However,
because all regulatory options considered in this final UST regulation
would increase regulatory stringency and reduce the number and size of
releases, EPA does not anticipate the final UST regulation will have
any disproportionately high and adverse human health or environmental
effects on these minority or low-income communities or any community.
---------------------------------------------------------------------------

    \124\ Note that the affected populations identified in the
screening analysis summarized here are simply defined by specific
demographics surrounding UST locations. These affected populations
are not necessarily equivalent to communities that others have
specifically identified as environmental justice communities.
---------------------------------------------------------------------------

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). This rule is effective September 14, 2015.

List of Subjects

40 CFR Part 280

    Environmental protection, Administrative practice and procedures,
Confidential business information, Groundwater, Hazardous materials,
Petroleum, Reporting and recordkeeping requirements, Underground
storage tanks, Water pollution control, Water supply.

40 CFR Part 281

    Environmental protection, Administrative practice and procedures,
Hazardous substances, Petroleum, State program approval, Underground
storage tanks.

    Dated: June 19, 2015.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, parts 280 and 281 of title
40, chapter I of the Code of Federal Regulations are amended as
follows:

0
1. Revise part 280 to read as follows:

PART 280--TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS
FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)

Subpart A--Program Scope and Installation Requirements for Partially
Excluded UST Systems
Sec.
280.10 Applicability.
280.11 Installation requirements for partially excluded UST systems.
280.12 Definitions.
Subpart B--UST Systems: Design, Construction, Installation and
Notification
280.20 Performance standards for new UST systems.
280.21 Upgrading of existing UST systems.
280.22 Notification requirements.
Subpart C--General Operating Requirements
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.
Subpart D--Release 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 release detection for tanks.
280.44 Methods of release detection for piping.
280.45 Release detection recordkeeping.
Subpart E--Release Reporting, Investigation, and Confirmation
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.
Subpart F--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 groundwater cleanup.
280.66 Corrective action plan.
280.67 Public participation.

Subpart G--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.
Subpart H--Financial Responsibility
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-insurance.
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.
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]
Subpart I--Lender Liability
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.
Subpart J--Operator Training
280.240 General requirement for all UST systems.
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.
Subpart K--UST Systems with Field-Constructed Tanks and Airport Hydrant
Fuel Distribution Systems
280.250 Definitions.
280.251 General requirements.
280.252 Additions, exceptions, and alternatives for UST systems with
field-constructed tanks and airport hydrant systems.
Appendix I to Part 280--Notification for Underground Storage Tanks
(Form)
Appendix II to Part 280--Notification of Ownership Change for
Underground Storage Tanks (Form)
Appendix III to Part 280--Statement for Shipping Tickets and
Invoices

    Authority:  42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c),
6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i).

Subpart A--Program Scope and Installation Requirements for
Partially Excluded UST Systems

Sec.  280.10  Applicability.

    (a) The requirements of this part apply to all owners and operators
of an UST system as defined in Sec.  280.12 except as otherwise
provided in paragraphs (b) and (c) of this section.
    (1) Previously deferred UST systems. Airport hydrant fuel
distribution systems, UST systems with field-constructed tanks, and UST
systems that store fuel solely for use by emergency power generators
must meet the requirements of this part as follows:
    (i) Airport hydrant fuel distribution systems and UST systems with
field-constructed tanks must meet the requirements in subpart K of this
part.
    (ii) UST systems that store fuel solely for use by emergency power
generators installed on or before October 13, 2015 must meet the
subpart D requirements on or before October 13, 2018.
    (iii) UST systems that store fuel solely for use by emergency power
generators installed after October 13, 2015 must meet all applicable
requirements of this part at installation.
    (2) Any UST system listed in paragraph (c) of this section must
meet the requirements of Sec.  280.11.
    (b) Exclusions. The following UST systems are excluded from the
requirements of this part:
    (1) Any UST system holding hazardous wastes listed or identified
under Subtitle C of the Solid Waste Disposal Act, or a mixture of such
hazardous waste and other regulated substances.
    (2) Any wastewater treatment tank system that is part of a
wastewater treatment facility regulated under Section 402 or 307(b) of
the Clean Water Act.
    (3) Equipment or machinery that contains regulated substances for
operational purposes such as hydraulic lift tanks and electrical
equipment tanks.
    (4) Any UST system whose capacity is 110 gallons or less.
    (5) Any UST system that contains a de minimis concentration of
regulated substances.
    (6) Any emergency spill or overflow containment UST system that is
expeditiously emptied after use.
    (c) Partial Exclusions. Subparts B, C, D, E, G, J, and K of this
part do not apply to:
    (1) Wastewater treatment tank systems not covered under paragraph
(b)(2) of this section;
    (2) Aboveground storage tanks associated with:
    (i) Airport hydrant fuel distribution systems regulated under
subpart K of this part; and
    (ii) UST systems with field-constructed tanks regulated under
subpart K of this part;
    (3) Any UST systems containing radioactive material that are
regulated under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and
following); and
    (4) Any UST system that is part of an emergency generator system at
nuclear power generation facilities licensed by the Nuclear Regulatory
Commission and subject to Nuclear Regulatory Commission requirements
regarding design and quality criteria, including but not limited to 10
CFR part 50.

Sec.  280.11  Installation requirements for partially excluded UST
systems.

    (a) Owners and operators must install an UST system listed in Sec.
280.10(c)(1), (3), or (4) storing regulated substances (whether of
single or double wall construction) that meets the following
requirements:
    (1) Will prevent releases due to corrosion or structural failure
for the operational life of the UST system;
    (2) Is cathodically protected against corrosion, constructed of
non-corrodible material, steel clad with a non-corrodible material, or
designed in a manner to prevent the release or threatened release of
any stored substance; and
    (3) Is constructed or lined with material that is compatible with
the stored substance.
    (b) Notwithstanding paragraph (a) of this section, an UST system
without corrosion protection may be installed at a site that is
determined by a corrosion expert not to be corrosive enough to cause it
to have a release due to corrosion during its operating life. Owners
and operators must maintain records that demonstrate compliance with
the requirements of this paragraph for the remaining life of the tank.

    Note to paragraphs (a) and (b).  The following codes of practice
may be used as guidance for complying with this section:
    (A) NACE International Standard Practice SP 0285, ``External
Corrosion Control of

Underground Storage Tank Systems by Cathodic Protection'';
    (B) NACE International Standard Practice SP 0169, ``Control of
External Corrosion on Underground or Submerged Metallic Piping
Systems'';
    (C) American Petroleum Institute Recommended Practice 1632,
``Cathodic Protection of Underground Petroleum Storage Tanks and
Piping Systems''; or
    (D) Steel Tank Institute Recommended Practice R892,
``Recommended Practice for Corrosion Protection of Underground
Piping Networks Associated with Liquid Storage and Dispensing
Systems''.

Sec.  280.12  Definitions.

    Aboveground release means any release to the surface of the land or
to surface water. This includes, but is not limited to, releases from
the aboveground portion of an UST system and aboveground releases
associated with overfills and transfer operations as the regulated
substance moves to or from an UST system.
    Ancillary equipment means any devices including, but not limited
to, such devices as piping, fittings, flanges, valves, and pumps used
to distribute, meter, or control the flow of regulated substances to
and from an UST.
    Belowground release means any release to the subsurface of the land
and to groundwater. This includes, but is not limited to, releases from
the belowground portions of an underground storage tank system and
belowground releases associated with overfills and transfer operations
as the regulated substance moves to or from an underground storage
tank.
    Beneath the surface of the ground means beneath the ground surface
or otherwise covered with earthen materials.
    Cathodic protection is a technique to prevent corrosion of a metal
surface by making that surface the cathode of an electrochemical cell.
For example, a tank system can be cathodically protected through the
application of either galvanic anodes or impressed current.
    Cathodic protection tester means a person who can demonstrate an
understanding of the principles and measurements of all common types of
cathodic protection systems as applied to buried or submerged metal
piping and tank systems. At a minimum, such persons must have education
and experience in soil resistivity, stray current, structure-to-soil
potential, and component electrical isolation measurements of buried
metal piping and tank systems.
    CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended.
    Class A operator means the individual who has primary
responsibility to operate and maintain the UST system in accordance
with applicable requirements established by the implementing agency.
The Class A operator typically manages resources and personnel, such as
establishing work assignments, to achieve and maintain compliance with
regulatory requirements.
    Class B operator means the individual who has day-to-day
responsibility for implementing applicable regulatory requirements
established by the implementing agency. The Class B operator typically
implements in-field aspects of operation, maintenance, and associated
recordkeeping for the UST system.
    Class C operator means the individual responsible for initially
addressing emergencies presented by a spill or release from an UST
system. The Class C operator typically controls or monitors the
dispensing or sale of regulated substances.
    Compatible means the ability of two or more substances to maintain
their respective physical and chemical properties upon contact with one
another for the design life of the tank system under conditions likely
to be encountered in the UST.
    Connected piping means all underground piping including valves,
elbows, joints, flanges, and flexible connectors attached to a tank
system through which regulated substances flow. For the purpose of
determining how much piping is connected to any individual UST system,
the piping that joins two UST systems should be allocated equally
between them.
    Consumptive use with respect to heating oil means consumed on the
premises.
    Containment Sump means a liquid-tight container that protects the
environment by containing leaks and spills of regulated substances from
piping, dispensers, pumps and related components in the containment
area. Containment sumps may be single walled or secondarily contained
and located at the top of tank (tank top or submersible turbine pump
sump), underneath the dispenser (under-dispenser containment sump), or
at other points in the piping run (transition or intermediate sump).
    Corrosion expert means a person who, by reason of thorough
knowledge of the physical sciences and the principles of engineering
and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice of
corrosion control on buried or submerged metal piping systems and metal
tanks. Such a person must be accredited or certified as being qualified
by the National Association of Corrosion Engineers or be a registered
professional engineer who has certification or licensing that includes
education and experience in corrosion control of buried or submerged
metal piping systems and metal tanks.
    Dielectric material means a material that does not conduct direct
electrical current. Dielectric coatings are used to electrically
isolate UST systems from the surrounding soils. Dielectric bushings are
used to electrically isolate portions of the UST system (e.g., tank
from piping).
    Dispenser means equipment located aboveground that dispenses
regulated substances from the UST system.
    Dispenser system means the dispenser and the equipment necessary to
connect the dispenser to the underground storage tank system.
    Electrical equipment means underground equipment that contains
dielectric fluid that is necessary for the operation of equipment such
as transformers and buried electrical cable.
    Excavation zone means the volume containing the tank system and
backfill material bounded by the ground surface, walls, and floor of
the pit and trenches into which the UST system is placed at the time of
installation.
    Existing tank system means a tank system used to contain an
accumulation of regulated substances or for which installation has
commenced on or before December 22, 1988. Installation is considered to
have commenced if:
    (1) The owner or operator has obtained all federal, state, and
local approvals or permits necessary to begin physical construction of
the site or installation of the tank system; and if,
    (2)(i) Either a continuous on-site physical construction or
installation program has begun; or,
    (ii) The owner or operator has entered into contractual
obligations--which cannot be cancelled or modified without substantial
loss--for physical construction at the site or installation of the tank
system to be completed within a reasonable time.
    Farm tank is a tank located on a tract of land devoted to the
production of crops or raising animals, including fish, and associated
residences and improvements. A farm tank must be located on the farm
property. Farm includes fish hatcheries, rangeland and nurseries with
growing operations.
    Flow-through process tank is a tank that forms an integral part of
a

production process through which there is a steady, variable,
recurring, or intermittent flow of materials during the operation of
the process. Flow-through process tanks do not include tanks used for
the storage of materials prior to their introduction into the
production process or for the storage of finished products or by-
products from the production process.
    Free product refers to a regulated substance that is present as a
nonaqueous phase liquid (e.g., liquid not dissolved in water).
    Gathering lines means any pipeline, equipment, facility, or
building used in the transportation of oil or gas during oil or gas
production or gathering operations.
    Hazardous substance UST system means an underground storage tank
system that contains a hazardous substance defined in section 101(14)
of the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (but not including any substance regulated as a hazardous
waste under subtitle C) or any mixture of such substances and
petroleum, and which is not a petroleum UST system.
    Heating oil means petroleum that is No. 1, No. 2, No. 4--light, No.
4--heavy, No. 5--light, No. 5--heavy, and No. 6 technical grades of
fuel oil; other residual fuel oils (including Navy Special Fuel Oil and
Bunker C); and other fuels when used as substitutes for one of these
fuel oils. Heating oil is typically used in the operation of heating
equipment, boilers, or furnaces.
    Hydraulic lift tank means a tank holding hydraulic fluid for a
closed-loop mechanical system that uses compressed air or hydraulic
fluid to operate lifts, elevators, and other similar devices.
    Implementing agency means EPA, or, in the case of a state with a
program approved under section 9004 (or pursuant to a memorandum of
agreement with EPA), the designated state or local agency responsible
for carrying out an approved UST program.
    Liquid trap means sumps, well cellars, and other traps used in
association with oil and gas production, gathering, and extraction
operations (including gas production plants), for the purpose of
collecting oil, water, and other liquids. These liquid traps may
temporarily collect liquids for subsequent disposition or reinjection
into a production or pipeline stream, or may collect and separate
liquids from a gas stream.
    Maintenance means the normal operational upkeep to prevent an
underground storage tank system from releasing product.
    Motor fuel means a complex blend of hydrocarbons typically used in
the operation of a motor engine, such as motor gasoline, aviation
gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or
more of these substances (for example: motor gasoline blended with
alcohol).
    New tank system means a tank system that will be used to contain an
accumulation of regulated substances and for which installation has
commenced after December 22, 1988. (See also Existing Tank System.)
    Noncommercial purposes with respect to motor fuel means not for
resale.
    On the premises where stored with respect to heating oil means UST
systems located on the same property where the stored heating oil is
used.
    Operational life refers to the period beginning when installation
of the tank system has commenced until the time the tank system is
properly closed under subpart G.
    Operator means any person in control of, or having responsibility
for, the daily operation of the UST system.
    Overfill release is a release that occurs when a tank is filled
beyond its capacity, resulting in a discharge of the regulated
substance to the environment.
    Owner means:
    (1) In the case of an UST system in use on November 8, 1984, or
brought into use after that date, any person who owns an UST system
used for storage, use, or dispensing of regulated substances; and
    (2) In the case of any UST system in use before November 8, 1984,
but no longer in use on that date, any person who owned such UST
immediately before the discontinuation of its use.
    Person means an individual, trust, firm, joint stock company,
federal agency, corporation, state, municipality, commission, political
subdivision of a state, or any interstate body. Person also includes a
consortium, a joint venture, a commercial entity, and the United States
Government.
    Petroleum UST system means an underground storage tank system that
contains petroleum or a mixture of petroleum with de minimis quantities
of other regulated substances. Such systems include those containing
motor fuels, jet fuels, distillate fuel oils, residual fuel oils,
lubricants, petroleum solvents, and used oils.
    Pipe or Piping means a hollow cylinder or tubular conduit that is
constructed of non-earthen materials.
    Pipeline facilities (including gathering lines) are new and
existing pipe rights-of-way and any associated equipment, facilities,
or buildings.
    Regulated substance means:
    (1) Any substance defined in section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of 1980
(but not including any substance regulated as a hazardous waste under
subtitle C); and
    (2) Petroleum, including crude oil or any fraction thereof that is
liquid at standard conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch absolute). The term
regulated substance includes but is not limited to petroleum and
petroleum-based substances comprised of a complex blend of
hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils,
residual fuel oils, lubricants, petroleum solvents, and used oils.
    Release means any spilling, leaking, emitting, discharging,
escaping, leaching or disposing from an UST into groundwater, surface
water or subsurface soils.
    Release detection means determining whether a release of a
regulated substance has occurred from the UST system into the
environment or a leak has occurred into the interstitial space between
the UST system and its secondary barrier or secondary containment
around it.
    Repair means to restore to proper operating condition a tank, pipe,
spill prevention equipment, overfill prevention equipment, corrosion
protection equipment, release detection equipment or other UST system
component that has caused a release of product from the UST system or
has failed to function properly.
    Replaced means:
    (1) For a tank--to remove a tank and install another tank.
    (2) For piping--to remove 50 percent or more of piping and install
other piping, excluding connectors, connected to a single tank. For
tanks with multiple piping runs, this definition applies independently
to each piping run.
    Residential tank is a tank located on property used primarily for
dwelling purposes.
    SARA means the Superfund Amendments and Reauthorization Act of
1986.
    Secondary containment or Secondarily contained means a release
prevention and release detection system for a tank or piping. This
system has an inner and outer barrier with an interstitial space that
is monitored for leaks. This term includes containment sumps when used
for interstitial monitoring of piping.
    Septic tank is a water-tight covered receptacle designed to receive
or process, through liquid separation or

biological digestion, the sewage discharged from a building sewer. The
effluent from such receptacle is distributed for disposal through the
soil and settled solids and scum from the tank are pumped out
periodically and hauled to a treatment facility.
    Storm water or wastewater collection system means piping, pumps,
conduits, and any other equipment necessary to collect and transport
the flow of surface water run-off resulting from precipitation, or
domestic, commercial, or industrial wastewater to and from retention
areas or any areas where treatment is designated to occur. The
collection of storm water and wastewater does not include treatment
except where incidental to conveyance.
    Surface impoundment is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials
(although it may be lined with man-made materials) that is not an
injection well.
    Tank is a stationary device designed to contain an accumulation of
regulated substances and constructed of non-earthen materials (e.g.,
concrete, steel, plastic) that provide structural support.
    Training program means any program that provides information to and
evaluates the knowledge of a Class A, Class B, or Class C operator
through testing, practical demonstration, or another approach
acceptable to the implementing agency regarding requirements for UST
systems that meet the requirements of subpart J of this part.
    Under-dispenser containment or UDC means containment underneath a
dispenser system designed to prevent leaks from the dispenser and
piping within or above the UDC from reaching soil or groundwater.
    Underground area means an underground room, such as a basement,
cellar, shaft or vault, providing enough space for physical inspection
of the exterior of the tank situated on or above the surface of the
floor.
    Underground release means any belowground release.
    Underground storage tank or UST means any one or combination of
tanks (including underground pipes connected thereto) that is used to
contain an accumulation of regulated substances, and the volume of
which (including the volume of underground pipes connected thereto) is
10 percent or more beneath the surface of the ground. This term does
not include any:
    (1) Farm or residential tank of 1,100 gallons or less capacity used
for storing motor fuel for noncommercial purposes;
    (2) Tank used for storing heating oil for consumptive use on the
premises where stored;
    (3) Septic tank;
    (4) Pipeline facility (including gathering lines):
    (i) Which is regulated under 49 U.S.C. chapter 601; or
    (ii) Which is an intrastate pipeline facility regulated under state
laws as provided in 49 U.S.C. chapter 601, and which is determined by
the Secretary of Transportation to be connected to a pipeline, or to be
operated or intended to be capable of operating at pipeline pressure or
as an integral part of a pipeline;
    (5) Surface impoundment, pit, pond, or lagoon;
    (6) Storm water or wastewater collection system;
    (7) Flow-through process tank;
    (8) Liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations; or
    (9) Storage tank situated in an underground area (such as a
basement, cellar, mineworking, drift, shaft, or tunnel) if the storage
tank is situated upon or above the surface of the floor.
    Note to the definition of Underground storage tank or UST. The term
underground storage tank or UST does not include any pipes connected to
any tank which is described in paragraphs (1) through (9) of this
definition.
    Upgrade means the addition or retrofit of some systems such as
cathodic protection, lining, or spill and overfill controls to improve
the ability of an underground storage tank system to prevent the
release of product.
    UST system or Tank system means an underground storage tank,
connected underground piping, underground ancillary equipment, and
containment system, if any.
    Wastewater treatment tank means a tank that is designed to receive
and treat an influent wastewater through physical, chemical, or
biological methods.

Subpart B--UST Systems: Design, Construction, Installation and
Notification

Sec.  280.20  Performance standards for new UST systems.

    In order to prevent releases due to structural failure, corrosion,
or spills and overfills for as long as the UST system is used to store
regulated substances, all owners and operators of new UST systems must
meet the following requirements. In addition, except for suction piping
that meets the requirements of Sec.  280.41(b)(1)(ii)(A) through (E),
tanks and piping installed or replaced after April 11, 2016 must be
secondarily contained and use interstitial monitoring in accordance
with Sec.  280.43(g). Secondary containment must be able to contain
regulated substances leaked from the primary containment until they are
detected and removed and prevent the release of regulated substances to
the environment at any time during the operational life of the UST
system. For cases where the piping is considered to be replaced, the
entire piping run must be secondarily contained.
    (a) Tanks. Each tank must be properly designed and constructed, and
any portion underground that routinely contains product must be
protected from corrosion, in accordance with a code of practice
developed by a nationally recognized association or independent testing
laboratory as specified below:
    (1) The tank is constructed of fiberglass-reinforced plastic; or

    Note to paragraph (a)(1). The following codes of practice may be
used to comply with paragraph (a)(1) of this section:
    (A) Underwriters Laboratories Standard 1316, ``Glass-Fiber-
Reinforced Plastic Underground Storage Tanks for Petroleum Products,
Alcohols, and Alcohol-Gasoline Mixtures''; or
    (B) Underwriter's Laboratories of Canada S615, ``Standard for
Reinforced Plastic Underground Tanks for Flammable and Combustible
Liquids''.

    (2) The tank is constructed of steel and cathodically protected in
the following manner:
    (i) The tank is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a
corrosion expert;
    (iii) Impressed current systems are designed to allow determination
of current operating status as required in Sec.  280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in
accordance with Sec.  280.31 or according to guidelines established by
the implementing agency; or

    Note to paragraph (a)(2). The following codes of practice may be
used to comply with paragraph (a)(2) of this section:
    (A) Steel Tank Institute ``Specification STI-P3[supreg]
Specification and Manual for External Corrosion Protection of
Underground Steel Storage Tanks'';
    (B) Underwriters Laboratories Standard 1746, ``External
Corrosion Protection Systems for Steel Underground Storage Tanks'';
    (C) Underwriters Laboratories of Canada S603, ``Standard for
Steel Underground Tanks for Flammable and Combustible Liquids,'' and
S603.1, ``Standard for External Corrosion Protection Systems for
Steel Underground Tanks for Flammable and

Combustible Liquids,'' and S631, ``Standard for Isolating Bushings
for Steel Underground Tanks Protected with External Corrosion
Protection Systems'';
    (D) Steel Tank Institute Standard F841, ``Standard for Dual Wall
Underground Steel Storage Tanks''; or
    (E) NACE International Standard Practice SP 0285, ``External
Corrosion Control of Underground Storage Tank Systems by Cathodic
Protection,'' and Underwriters Laboratories Standard 58, ``Standard
for Steel Underground Tanks for Flammable and Combustible Liquids''.

    (3) The tank is constructed of steel and clad or jacketed with a
non-corrodible material; or

    Note to paragraph (a)(3). The following codes of practice may be
used to comply with paragraph (a)(3) of this section:
    (A) Underwriters Laboratories Standard 1746, ``External
Corrosion Protection Systems for Steel Underground Storage Tanks'';
    (B) Steel Tank Institute ACT-100[supreg] Specification F894,
``Specification for External Corrosion Protection of FRP Composite
Steel Underground Storage Tanks'';
    (C) Steel Tank Institute ACT-100-U[supreg] Specification F961,
``Specification for External Corrosion Protection of Composite Steel
Underground Storage Tanks''; or
    (D) Steel Tank Institute Specification F922, ``Steel Tank
Institute Specification for Permatank[supreg]''.

    (4) The tank is constructed of metal without additional corrosion
protection measures provided that:
    (i) The tank is installed at a site that is determined by a
corrosion expert not to be corrosive enough to cause it to have a
release due to corrosion during its operating life; and
    (ii) Owners and operators maintain records that demonstrate
compliance with the requirements of paragraph (a)(4)(i) of this section
for the remaining life of the tank; or
    (5) The tank construction and corrosion protection are determined
by the implementing agency to be designed to prevent the release or
threatened release of any stored regulated substance in a manner that
is no less protective of human health and the environment than
paragraphs (a)(1) through (4) of this section.
    (b) Piping. The piping that routinely contains regulated substances
and is in contact with the ground must be properly designed,
constructed, and protected from corrosion in accordance with a code of
practice developed by a nationally recognized association or
independent testing laboratory as specified below.
    (1) The piping is constructed of a non-corrodible material; or

    Note to paragraph (b)(1). The following codes of practice may be
used to comply with paragraph (b)(1) of this section:
    (A) Underwriters Laboratories Standard 971, ``Nonmetallic
Underground Piping for Flammable Liquids''; or
    (B) Underwriters Laboratories of Canada Standard S660,
``Standard for Nonmetallic Underground Piping for Flammable and
Combustible Liquids''.

    (2) The piping is constructed of steel and cathodically protected
in the following manner:
    (i) The piping is coated with a suitable dielectric material;
    (ii) Field-installed cathodic protection systems are designed by a
corrosion expert;
    (iii) Impressed current systems are designed to allow determination
of current operating status as required in Sec.  280.31(c); and
    (iv) Cathodic protection systems are operated and maintained in
accordance with Sec.  280.31 or guidelines established by the
implementing agency; or

    Note to paragraph (b)(2). The following codes of practice may be
used to comply with paragraph (b)(2) of this section:
    (A) American Petroleum Institute Recommended Practice 1632,
``Cathodic Protection of Underground Petroleum Storage Tanks and
Piping Systems'';
    (B) Underwriters Laboratories Subject 971A, ``Outline of
Investigation for Metallic Underground Fuel Pipe'';
    (C) Steel Tank Institute Recommended Practice R892,
``Recommended Practice for Corrosion Protection of Underground
Piping Networks Associated with Liquid Storage and Dispensing
Systems'';
    (D) NACE International Standard Practice SP 0169, ``Control of
External Corrosion on Underground or Submerged Metallic Piping
Systems''; or
    (E) NACE International Standard Practice SP 0285, ``External
Corrosion Control of Underground Storage Tank Systems by Cathodic
Protection''.

    (3) The piping is constructed of metal without additional corrosion
protection measures provided that:
    (i) The piping is installed at a site that is determined by a
corrosion expert to not be corrosive enough to cause it to have a
release due to corrosion during its operating life; and
    (ii) Owners and operators maintain records that demonstrate
compliance with the requirements of paragraph (b)(3)(i) of this section
for the remaining life of the piping; or
    (4) The piping construction and corrosion protection are determined
by the implementing agency to be designed to prevent the release or
threatened release of any stored regulated substance in a manner that
is no less protective of human health and the environment than the
requirements in paragraphs (b)(1) through (3) of this section.
    (c) Spill and overfill prevention equipment. (1) Except as provided
in paragraphs (c)(2) and (3) of this section, to prevent spilling and
overfilling associated with product transfer to the UST system, owners
and operators must use the following spill and overfill prevention
equipment:
    (i) Spill prevention equipment that will prevent release of product
to the environment when the transfer hose is detached from the fill
pipe (for example, a spill catchment basin); and
    (ii) Overfill prevention equipment that will:
    (A) Automatically shut off flow into the tank when the tank is no
more than 95 percent full; or
    (B) Alert the transfer operator when the tank is no more than 90
percent full by restricting the flow into the tank or triggering a
high-level alarm; or
    (C) Restrict flow 30 minutes prior to overfilling, alert the
transfer operator with a high level alarm one minute before
overfilling, or automatically shut off flow into the tank so that none
of the fittings located on top of the tank are exposed to product due
to overfilling.
    (2) Owners and operators are not required to use the spill and
overfill prevention equipment specified in paragraph (c)(1) of this
section if:
    (i) Alternative equipment is used that is determined by the
implementing agency to be no less protective of human health and the
environment than the equipment specified in paragraph (c)(1)(i) or (ii)
of this section; or
    (ii) The UST system is filled by transfers of no more than 25
gallons at one time.
    (3) Flow restrictors used in vent lines may not be used to comply
with paragraph (c)(1)(ii) of this section when overfill prevention is
installed or replaced after October 13, 2015.
    (4) Spill and overfill prevention equipment must be periodically
tested or inspected in accordance with Sec.  280.35.
    (d) Installation. The UST system must be properly installed in
accordance with a code of practice developed by a nationally recognized
association or independent testing laboratory and in accordance with
the manufacturer's instructions.

    Note to paragraph (d).  Tank and piping system installation
practices and procedures described in the following codes of
practice may be used to comply with the requirements of paragraph
(d) of this section:
    (A) American Petroleum Institute Publication 1615,
``Installation of Underground Petroleum Storage System'';
    (B) Petroleum Equipment Institute Publication RP100,
``Recommended Practices for Installation of Underground Liquid
Storage Systems''; or
    (C) National Fire Protection Association Standard 30,
``Flammable and Combustible

Liquids Code'' and Standard 30A, ``Code for Motor Fuel Dispensing
Facilities and Repair Garages''.

    (e) Certification of installation. All owners and operators must
ensure that one or more of the following methods of certification,
testing, or inspection is used to demonstrate compliance with paragraph
(d) of this section by providing a certification of compliance on the
UST notification form in accordance with Sec.  280.22.
    (1) The installer has been certified by the tank and piping
manufacturers; or
    (2) The installer has been certified or licensed by the
implementing agency; or
    (3) The installation has been inspected and certified by a
registered professional engineer with education and experience in UST
system installation; or
    (4) The installation has been inspected and approved by the
implementing agency; or
    (5) All work listed in the manufacturer's installation checklists
has been completed; or
    (6) The owner and operator have complied with another method for
ensuring compliance with paragraph (d) of this section that is
determined by the implementing agency to be no less protective of human
health and the environment.
    (f) Dispenser systems. Each UST system must be equipped with under-
dispenser containment for any new dispenser system installed after
April 11, 2016.
    (1) A dispenser system is considered new when both the dispenser
and the equipment needed to connect the dispenser to the underground
storage tank system are installed at an UST facility. The equipment
necessary to connect the dispenser to the underground storage tank
system includes check valves, shear valves, unburied risers or flexible
connectors, or other transitional components that are underneath the
dispenser and connect the dispenser to the underground piping.
    (2) Under-dispenser containment must be liquid-tight on its sides,
bottom, and at any penetrations. Under-dispenser containment must allow
for visual inspection and access to the components in the containment
system or be periodically monitored for leaks from the dispenser
system.

Sec.  280.21  Upgrading of existing UST systems.

    Owners and operators must permanently close (in accordance with
subpart G of this part) any UST system that does not meet the new UST
system performance standards in Sec.  280.20 or has not been upgraded
in accordance with paragraphs (b) through (d) of this section. This
does not apply to previously deferred UST systems described in subpart
K of this part and where an upgrade is determined to be appropriate by
the implementing agency.
    (a) Alternatives allowed. All existing UST systems must comply with
one of the following requirements:
    (1) New UST system performance standards under Sec.  280.20;
    (2) The upgrading requirements in paragraphs (b) through (d) of
this section; or
    (3) Closure requirements under subpart G of this part, including
applicable requirements for corrective action under subpart F of this
part.
    (b) Tank upgrading requirements. Steel tanks must be upgraded to
meet one of the following requirements in accordance with a code of
practice developed by a nationally recognized association or
independent testing laboratory:
    (1) Interior lining. Tanks upgraded by internal lining must meet
the following:
    (i) The lining was installed in accordance with the requirements of
Sec.  280.33; and
    (ii) Within 10 years after lining, and every 5 years thereafter,
the lined tank is internally inspected and found to be structurally
sound with the lining still performing in accordance with original
design specifications. If the internal lining is no longer performing
in accordance with original design specifications and cannot be
repaired in accordance with a code of practice developed by a
nationally recognized association or independent testing laboratory,
then the lined tank must be permanently closed in accordance with
subpart G of this part.
    (2) Cathodic protection. Tanks upgraded by cathodic protection must
meet the requirements of Sec.  280.20(a)(2)(ii), (iii), and (iv) and
the integrity of the tank must have been ensured using one of the
following methods:
    (i) The tank was internally inspected and assessed to ensure that
the tank was structurally sound and free of corrosion holes prior to
installing the cathodic protection system; or
    (ii) The tank had been installed for less than 10 years and is
monitored monthly for releases in accordance with Sec.  280.43(d)
through (i); or
    (iii) The tank had been installed for less than 10 years and was
assessed for corrosion holes by conducting two tightness tests that
meet the requirements of Sec.  280.43(c). The first tightness test must
have been conducted prior to installing the cathodic protection system.
The second tightness test must have been conducted between three and
six months following the first operation of the cathodic protection
system; or
    (iv) The tank was assessed for corrosion holes by a method that is
determined by the implementing agency to prevent releases in a manner
that is no less protective of human health and the environment than
paragraphs (b)(2)(i) through (iii) of this section.
    (3) Internal lining combined with cathodic protection. Tanks
upgraded by both internal lining and cathodic protection must meet the
following:
    (i) The lining was installed in accordance with the requirements of
Sec.  280.33; and
    (ii) The cathodic protection system meets the requirements of Sec.
280.20(a)(2)(ii), (iii), and (iv).

    Note to paragraph (b). The following historical codes of
practice were listed as options for complying with paragraph (b) of
this section:
    (A) American Petroleum Institute Publication 1631, ``Recommended
Practice for the Interior Lining of Existing Steel Underground
Storage Tanks'';
    (B) National Leak Prevention Association Standard 631, ``Spill
Prevention, Minimum 10 Year Life Extension of Existing Steel
Underground Tanks by Lining Without the Addition of Cathodic
Protection'';
    (C) National Association of Corrosion Engineers Standard RP-02-
85, ``Control of External Corrosion on Metallic Buried, Partially
Buried, or Submerged Liquid Storage Systems''; and
    (D) American Petroleum Institute Recommended Practice 1632,
``Cathodic Protection of Underground Petroleum Storage Tanks and
Piping Systems''.

    Note to paragraph b(1)(ii). The following codes of practice may
be used to comply with the periodic lining inspection requirement of
this section:
    (A) American Petroleum Institute Recommended Practice 1631,
``Interior Lining and Periodic Inspection of Underground Storage
Tanks'';
    (B) National Leak Prevention Association Standard 631, Chapter B
``Future Internal Inspection Requirements for Lined Tanks''; or
    (C) Ken Wilcox Associates Recommended Practice, ``Recommended
Practice for Inspecting Buried Lined Steel Tanks Using a Video
Camera''.

    (c) Piping upgrading requirements. Metal piping that routinely
contains regulated substances and is in contact with the ground must be
cathodically protected in accordance with a code of practice developed
by a nationally recognized association or independent testing
laboratory and must meet the requirements of Sec.  280.20(b)(2)(ii),
(iii), and (iv).

    Note to paragraph (c). The codes of practice listed in the note
following Sec.  280.20(b)(2) may be used to comply with this
requirement.

    (d) Spill and overfill prevention equipment. To prevent spilling
and overfilling associated with product transfer to the UST system, all
existing UST systems must comply with UST system spill and overfill
prevention equipment requirements specified in Sec.  280.20(c).

Sec.  280.22  Notification requirements.

    (a) After May 8, 1986, an owner must submit notice of a tank
system's existence to the implementing agency within 30 days of
bringing the underground storage tank system into use. Owners must use
the form in appendix I of this part or a state form in accordance with
paragraph (c) of this section.

    Note to paragraph (a). Owners and operators of UST systems that
were in the ground on or after May 8, 1986, unless taken out of
operation on or before January 1, 1974, were required to notify the
designated state or local agency in accordance with the Hazardous
and Solid Waste Amendments of 1984, Public Law 98-616, on a form
published by EPA on November 8, 1985 unless notice was given
pursuant to section 103(c) of CERCLA. Owners and operators who have
not complied with the notification requirements may use portions I
through X of the notification form contained in appendix I of this
part.

    (b) Within 30 days of acquisition, any person who assumes ownership
of a regulated underground storage tank system, except as described in
paragraph (a) of this section, must submit a notice of the ownership
change to the implementing agency, using the form in appendix II of
this part or a state form in accordance with paragraph (c) of this
section.
    (c) In states where state law, regulations, or procedures require
owners to use forms that differ from those set forth in appendix I and
appendix II of this part to fulfill the requirements of this section,
the state forms may be submitted in lieu of the forms set forth in
appendix I and appendix II. If a state requires that its form be used
in lieu of the form presented in appendix I and appendix II, such form
must, at a minimum, collect the information prescribed in appendix I
and appendix II.
    (d) Owners required to submit notices under paragraph (a) or (b) of
this section must provide notices to the appropriate implementing
agency for each tank they own. Owners may provide notice for several
tanks using one notification form, but owners who own tanks located at
more than one place of operation must file a separate notification form
for each separate place of operation.
    (e) All owners and operators of new UST systems must certify in the
notification form compliance with the following requirements:
    (1) Installation of tanks and piping under Sec.  280.20(e);
    (2) Cathodic protection of steel tanks and piping under Sec.
280.20(a) and (b);
    (3) Financial responsibility under subpart H of this part; and
    (4) Release detection under Sec. Sec.  280.41 and 280.42.
    (f) All owners and operators of new UST systems must ensure that
the installer certifies in the notification form that the methods used
to install the tanks and piping complies with the requirements in Sec.
280.20(d).
    (g) Beginning October 24, 1988, any person who sells a tank
intended to be used as an underground storage tank must notify the
purchaser of such tank of the owner's notification obligations under
paragraph (a) of this section. The statement provided in appendix III
of this part, when used on shipping tickets and invoices, may be used
to comply with this requirement.

Subpart C--General Operating Requirements

Sec.  280.30  Spill and overfill control.

    (a) Owners and operators must ensure that releases due to spilling
or overfilling do not occur. The owner and operator must ensure that
the volume available in the tank is greater than the volume of product
to be transferred to the tank before the transfer is made and that the
transfer operation is monitored constantly to prevent overfilling and
spilling.

    Note to paragraph (a). The transfer procedures described in
National Fire Protection Association Standard 385, ``Standard for
Tank Vehicles for Flammable and Combustible Liquids'' or American
Petroleum Institute Recommended Practice 1007, ``Loading and
Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles'' may be used
to comply with paragraph (a) of this section. Further guidance on
spill and overfill prevention appears in American Petroleum
Institute Recommended Practice 1621, ``Bulk Liquid Stock Control at
Retail Outlets''.

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

Sec.  280.31  Operation and maintenance of corrosion protection.

    All owners and operators of metal UST systems with corrosion
protection must comply with the following requirements to ensure that
releases due to corrosion are prevented until the UST system is
permanently closed or undergoes a change-in-service pursuant to Sec.
280.71:
    (a) All corrosion protection systems must be operated and
maintained to continuously provide corrosion protection to the metal
components of that portion of the tank and piping that routinely
contain regulated substances and are in contact with the ground.
    (b) All UST systems equipped with cathodic protection systems must
be inspected for proper operation by a qualified cathodic protection
tester in accordance with the following requirements:
    (1) Frequency. All cathodic protection systems must be tested
within 6 months of installation and at least every 3 years thereafter
or according to another reasonable time frame established by the
implementing agency; and
    (2) Inspection criteria. The criteria that are used to determine
that cathodic protection is adequate as required by this section must
be in accordance with a code of practice developed by a nationally
recognized association.

    Note to paragraph (b). The following codes of practice may be
used to comply with paragraph (b) of this section:
    (A) NACE International Test Method TM 0101, ``Measurement
Techniques Related to Criteria for Cathodic Protection of
Underground Storage Tank Systems'';
    (B) NACE International Test Method TM0497, ``Measurement
Techniques Related to Criteria for Cathodic Protection on
Underground or Submerged Metallic Piping Systems'';
    (C) Steel Tank Institute Recommended Practice R051, ``Cathodic
Protection Testing Procedures for STI-P3[supreg] USTs'';
    (D) NACE International Standard Practice SP 0285, ``External
Control of Underground Storage Tank Systems by Cathodic
Protection''; or
    (E) NACE International Standard Practice SP 0169, ``Control of
External Corrosion on Underground or Submerged Metallic Piping
Systems''.

    (c) UST systems with impressed current cathodic protection systems
must also be inspected every 60 days to ensure the equipment is running
properly.
    (d) For UST systems using cathodic protection, records of the
operation of the cathodic protection must be maintained (in accordance
with Sec.  280.34) to demonstrate compliance with the performance
standards in this section. These records must provide the following:
    (1) The results of the last three inspections required in paragraph
(c) of this section; and

    (2) The results of testing from the last two inspections required
in paragraph (b) of this section.

Sec.  280.32  Compatibility.

    (a) Owners and operators must use an UST system made of or lined
with materials that are compatible with the substance stored in the UST
system.
    (b) Owners and operators must notify the implementing agency at
least 30 days prior to switching to a regulated substance containing
greater than 10 percent ethanol, greater than 20 percent biodiesel, or
any other regulated substance identified by the implementing agency. In
addition, owners and operators with UST systems storing these regulated
substances must meet one of the following:
    (1) Demonstrate compatibility of the UST system (including the
tank, piping, containment sumps, pumping equipment, release detection
equipment, spill equipment, and overfill equipment). Owners and
operators may demonstrate compatibility of the UST system by using one
of the following options:
    (i) Certification or listing of UST system equipment or components
by a nationally recognized, independent testing laboratory for use with
the regulated substance stored; or
    (ii) Equipment or component manufacturer approval. The
manufacturer's approval must be in writing, indicate an affirmative
statement of compatibility, specify the range of biofuel blends the
equipment or component is compatible with, and be from the equipment or
component manufacturer; or
    (2) Use another option determined by the implementing agency to be
no less protective of human health and the environment than the options
listed in paragraph (b)(1) of this section. (c) Owners and operators
must maintain records in accordance with Sec.  280.34(b) documenting
compliance with paragraph (b) of this section for as long as the UST
system is used to store the regulated substance.

    Note to Sec.  280.32. The following code of practice may be
useful in complying with this section: American Petroleum Institute
Recommended Practice 1626, ``Storing and Handling Ethanol and
Gasoline-Ethanol Blends at Distribution Terminals and Filling
Stations.''

Sec.  280.33  Repairs allowed.

    Owners and operators of UST systems must ensure that repairs will
prevent releases due to structural failure or corrosion as long as the
UST system is used to store regulated substances. The repairs must meet
the following requirements:
    (a) Repairs to UST systems must be properly conducted in accordance
with a code of practice developed by a nationally recognized
association or an independent testing laboratory.

    Note to paragraph (a). The following codes of practice may be
used to comply with paragraph (a) of this section:
    (A) National Fire Protection Association Standard 30,
``Flammable and Combustible Liquids Code'';
    (B) American Petroleum Institute Recommended Practice RP 2200,
``Repairing Crude Oil, Liquified Petroleum Gas, and Product
Pipelines'';
    (C) American Petroleum Institute Recommended Practice RP 1631,
``Interior Lining and Periodic Inspection of Underground Storage
Tanks'';
    (D) National Fire Protection Association Standard 326,
``Standard for the Safeguarding of Tanks and Containers for Entry,
Cleaning, or Repair'';
    (E) National Leak Prevention Association Standard 631, Chapter
A, ``Entry, Cleaning, Interior Inspection, Repair, and Lining of
Underground Storage Tanks'';
    (F) Steel Tank Institute Recommended Practice R972,
``Recommended Practice for the Addition of Supplemental Anodes to
STI-P3[supreg] Tanks'';
    (G) NACE International Standard Practice SP 0285, ``External
Control of Underground Storage Tank Systems by Cathodic
Protection''; or
    (H) Fiberglass Tank and Pipe Institute Recommended Practice T-
95-02, ``Remanufacturing of Fiberglass Reinforced Plastic (FRP)
Underground Storage Tanks''.

    (b) Repairs to fiberglass-reinforced plastic tanks may be made by
the manufacturer's authorized representatives or in accordance with a
code of practice developed by a nationally recognized association or an
independent testing laboratory.
    (c) Metal pipe sections and fittings that have released product as
a result of corrosion or other damage must be replaced. Non-corrodible
pipes and fittings may be repaired in accordance with the
manufacturer's specifications.
    (d) Repairs to secondary containment areas of tanks and piping used
for interstitial monitoring and to containment sumps used for
interstitial monitoring of piping must have the secondary containment
tested for tightness according to the manufacturer's instructions, a
code of practice developed by a nationally recognized association or
independent testing laboratory, or according to requirements
established by the implementing agency within 30 days following the
date of completion of the repair. All other repairs to tanks and piping
must be tightness tested in accordance with Sec.  280.43(c) and Sec.
280.44(b) within 30 days following the date of the completion of the
repair except as provided in paragraphs (d)(1) through (3) of this
section:
    (1) The repaired tank is internally inspected in accordance with a
code of practice developed by a nationally recognized association or an
independent testing laboratory; or
    (2) The repaired portion of the UST system is monitored monthly for
releases in accordance with a method specified in Sec.  280.43(d)
through (i); or
    (3) Another test method is used that is determined by the
implementing agency to be no less protective of human health and the
environment than those listed in paragraphs (d)(1) and (2) of this
section.

    Note to paragraph (d). The following codes of practice may be
used to comply with paragraph (d) of this section:
    (A) Steel Tank Institute Recommended Practice R012,
``Recommended Practice for Interstitial Tightness Testing of
Existing Underground Double Wall Steel Tanks''; or
    (B) Fiberglass Tank and Pipe Institute Protocol, ``Field Test
Protocol for Testing the Annular Space of Installed Underground
Fiberglass Double and Triple-Wall Tanks with Dry Annular Space''.
    (C) Petroleum Equipment Institute Recommended Practice RP1200,
``Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities''.

    (e) Within 6 months following the repair of any cathodically
protected UST system, the cathodic protection system must be tested in
accordance with Sec.  280.31(b) and (c) to ensure that it is operating
properly.
    (f) Within 30 days following any repair to spill or overfill
prevention equipment, the repaired spill or overfill prevention
equipment must be tested or inspected, as appropriate, in accordance
with Sec.  280.35 to ensure it is operating properly.
    (g) UST system owners and operators must maintain records (in
accordance with Sec.  280.34) of each repair until the UST system is
permanently closed or undergoes a change-in-service pursuant to Sec.
280.71.

Sec.  280.34  Reporting and recordkeeping.

    Owners and operators of UST systems must cooperate fully with
inspections, monitoring and testing conducted by the implementing
agency, as well as requests for document submission, testing, and
monitoring by the owner or operator pursuant to section 9005 of
Subtitle I of the Solid Waste Disposal Act, as amended.
    (a) Reporting. Owners and operators must submit the following
information to the implementing agency:

    (1) Notification for all UST systems (Sec.  280.22), which includes
certification of installation for new UST systems (Sec.  280.20(e)) and
notification when any person assumes ownership of an UST system (Sec.
280.22(b));
    (2) Notification prior to UST systems switching to certain
regulated substances (Sec.  280.32(b));
    (3) Reports of all releases including suspected releases (Sec.
280.50), spills and overfills (Sec.  280.53), and confirmed releases
(Sec.  280.61);
    (4) Corrective actions planned or taken including initial abatement
measures (Sec.  280.62), initial site characterization (Sec.  280.63),
free product removal (Sec.  280.64), investigation of soil and
groundwater cleanup (Sec.  280.65), and corrective action plan (Sec.
280.66); and
    (5) A notification before permanent closure or change-in-service
(Sec.  280.71).
    (b) Recordkeeping. Owners and operators must maintain the following
information:
    (1) A corrosion expert's analysis of site corrosion potential if
corrosion protection equipment is not used (Sec.  280.20(a)(4); Sec.
280.20(b)(3)).
    (2) Documentation of operation of corrosion protection equipment
(Sec.  280.31(d));
    (3) Documentation of compatibility for UST systems (Sec.
280.32(c));
    (4) Documentation of UST system repairs (Sec.  280.33(g));
    (5) Documentation of compliance for spill and overfill prevention
equipment and containment sumps used for interstitial monitoring of
piping (Sec.  280.35(c));
    (6) Documentation of periodic walkthrough inspections (Sec.
280.36(b));
    (7) Documentation of compliance with release detection requirements
(Sec.  280.45);
    (8) Results of the site investigation conducted at permanent
closure (Sec.  280.74); and
    (9) Documentation of operator training (Sec.  280.245).
    (c) Availability and maintenance of records. Owners and operators
must keep the records required either:
    (1) At the UST site and immediately available for inspection by the
implementing agency; or
    (2) At a readily available alternative site and be provided for
inspection to the implementing agency upon request.
    (3) In the case of permanent closure records required under Sec.
280.74, owners and operators are also provided with the additional
alternative of mailing closure records to the implementing agency if
they cannot be kept at the site or an alternative site as indicated in
paragraphs (c)(1) and (2) of this section.

Sec.  280.35  Periodic testing of spill prevention equipment and
containment sumps used for interstitial monitoring of piping and
periodic inspection of overfill prevention equipment.

    (a) Owners and operators of UST systems with spill and overfill
prevention equipment and containment sumps used for interstitial
monitoring of piping must meet these requirements to ensure the
equipment is operating properly and will prevent releases to the
environment:
    (1) Spill prevention equipment (such as a catchment basin, spill
bucket, or other spill containment device) and containment sumps used
for interstitial monitoring of piping must prevent releases to the
environment by meeting one of the following:
    (i) The equipment is double walled and the integrity of both walls
is periodically monitored at a frequency not less than the frequency of
the walkthrough inspections described in Sec.  280.36. Owners and
operators must begin meeting paragraph (a)(1)(ii) of this section and
conduct a test within 30 days of discontinuing periodic monitoring of
this equipment; or
    (ii) The spill prevention equipment and containment sumps used for
interstitial monitoring of piping are tested at least once every three
years to ensure the equipment is liquid tight by using vacuum,
pressure, or liquid testing in accordance with one of the following
criteria:
    (A) Requirements developed by the manufacturer (Note: Owners and
operators may use this option only if the manufacturer has developed
requirements);
    (B) Code of practice developed by a nationally recognized
association or independent testing laboratory; or
    (C) Requirements determined by the implementing agency to be no
less protective of human health and the environment than the
requirements listed in paragraphs (a)(1)(ii)(A) and (B) of this
section.
    (2) Overfill prevention equipment must be inspected at least once
every three years. At a minimum, the inspection must ensure that
overfill prevention equipment is set to activate at the correct level
specified in Sec.  280.20(c) and will activate when regulated substance
reaches that level. Inspections must be conducted in accordance with
one of the criteria in paragraph (a)(1)(ii)(A) through (C) of this
section.

    Note to paragraphs (a)(1)(ii) and (a)(2). The following code of
practice may be used to comply with paragraphs (a)(1)(ii) and (a)(2)
of this section: Petroleum Equipment Institute Publication RP1200,
``Recommended Practices for the Testing and Verification of Spill,
Overfill, Leak Detection and Secondary Containment Equipment at UST
Facilities''.

    (b) Owners and operators must begin meeting these requirements as
follows:
    (1) For UST systems in use on or before October 13, 2015, the
initial spill prevention equipment test, containment sump test and
overfill prevention equipment inspection must be conducted not later
than October 13, 2018.
    (2) For UST systems brought into use after October 13, 2015, these
requirements apply at installation.
    (c) Owners and operators must maintain records as follows (in
accordance with Sec.  280.34) for spill prevention equipment,
containment sumps used for interstitial monitoring of piping, and
overfill prevention equipment:
    (1) All records of testing or inspection must be maintained for
three years; and
    (2) For spill prevention equipment and containment sumps used for
interstitial monitoring of piping not tested every three years,
documentation showing that the prevention equipment is double walled
and the integrity of both walls is periodically monitored must be
maintained for as long as the equipment is periodically monitored.

Sec.  280.36  Periodic operation and maintenance walkthrough
inspections.

    (a) To properly operate and maintain UST systems, not later than
October 13, 2018 owners and operators must meet one of the following:
    (1) Conduct a walkthrough inspection that, at a minimum, checks the
following equipment as specified below:
    (i) Every 30 days (Exception: spill prevention equipment at UST
systems receiving deliveries at intervals greater than every 30 days
may be checked prior to each delivery):
    (A) Spill prevention equipment--visually check for damage; remove
liquid or debris; check for and remove obstructions in the fill pipe;
check the fill cap to make sure it is securely on the fill pipe; and,
for double walled spill prevention equipment with interstitial
monitoring, check for a leak in the interstitial area; and
    (B) Release detection equipment--check to make sure the release
detection equipment is operating with no alarms or other unusual
operating conditions present; and ensure records of release detection
testing are reviewed and current; and
    (ii) Annually:
    (A) Containment sumps--visually check for damage, leaks to the
containment area, or releases to the

environment; remove liquid (in contained sumps) or debris; and, for
double walled sumps with interstitial monitoring, check for a leak in
the interstitial area; and
    (B) Hand held release detection equipment--check devices such as
tank gauge sticks or groundwater bailers for operability and
serviceability;
    (2) Conduct operation and maintenance walkthrough inspections
according to a standard code of practice developed by a nationally
recognized association or independent testing laboratory that checks
equipment comparable to paragraph (a)(1) of this section; or

    Note to paragraph (a)(2). The following code of practice may be
used to comply with paragraph (a)(2) of this section: Petroleum
Equipment Institute Recommended Practice RP 900, ``Recommended
Practices for the Inspection and Maintenance of UST Systems''.

    (3) Conduct operation and maintenance walkthrough inspections
developed by the implementing agency that checks equipment comparable
to paragraph (a)(1) of this section.
    (b) Owners and operators must maintain records (in accordance with
Sec.  280.34) of operation and maintenance walkthrough inspections for
one year. Records must include a list of each area checked, whether
each area checked was acceptable or needed action taken, a description
of actions taken to correct an issue, and delivery records if spill
prevention equipment is checked less frequently than every 30 days due
to infrequent deliveries.

Subpart D--Release Detection

Sec.  280.40  General requirements for all UST systems.

    (a) Owners and operators of UST systems must provide a method, or
combination of methods, of release detection that:
    (1) Can detect a release from any portion of the tank and the
connected underground piping that routinely contains product;
    (2) Is installed and calibrated in accordance with the
manufacturer's instructions;
    (3) Beginning on October 13, 2018, is operated and maintained, and
electronic and mechanical components are tested for proper operation,
in accordance with one of the following: manufacturer's instructions; a
code of practice developed by a nationally recognized association or
independent testing laboratory; or requirements determined by the
implementing agency to be no less protective of human health and the
environment than the two options listed in paragraphs (a)(1) and (2) of
this section. A test of the proper operation must be performed at least
annually and, at a minimum, as applicable to the facility, cover the
following components and criteria:
    (i) Automatic tank gauge and other controllers: test alarm; verify
system configuration; test battery backup;
    (ii) Probes and sensors: inspect for residual buildup; ensure
floats move freely; ensure shaft is not damaged; ensure cables are free
of kinks and breaks; test alarm operability and communication with
controller;
    (iii) Automatic line leak detector: test operation to meet criteria
in Sec.  280.44(a) by simulating a leak;
    (iv) Vacuum pumps and pressure gauges: ensure proper communication
with sensors and controller; and
    (v) Hand-held electronic sampling equipment associated with
groundwater and vapor monitoring: ensure proper operation.

    Note to paragraph (a)(3). The following code of practice may be
used to comply with paragraph (a)(3) of this section: Petroleum
Equipment Institute Publication RP1200, ``Recommended Practices for
the Testing and Verification of Spill, Overfill, Leak Detection and
Secondary Containment Equipment at UST Facilities''.

    (4) Meets the performance requirements in Sec.  280.43, Sec.
280.44, or subpart K of this part, as applicable, with any performance
claims and their manner of determination described in writing by the
equipment manufacturer or installer. In addition, the methods listed in
Sec.  280.43(b), (c), (d), (h), and (i), Sec.  280.44(a) and (b), and
subpart K of this part, must be capable of detecting the leak rate or
quantity specified for that method in the corresponding section of the
rule with a probability of detection of 0.95 and a probability of false
alarm of 0.05.
    (b) When a release detection method operated in accordance with the
performance standards in Sec.  280.43, Sec.  280.44, or subpart K of
this part indicates a release may have occurred, owners and operators
must notify the implementing agency in accordance with subpart E of
this part.
    (c) Any UST system that cannot apply a method of release detection
that complies with the requirements of this subpart must complete the
closure procedures in subpart G of this part. For previously deferred
UST systems described in subparts A and K of this part, this
requirement applies after the effective dates described in Sec.
280.10(a)(1)(ii) and (iii) and Sec.  280.251(a).

Sec.  280.41  Requirements for petroleum UST systems.

    Owners and operators of petroleum UST systems must provide release
detection for tanks and piping as follows:
    (a) Tanks. Tanks must be monitored for releases as follows:
    (1) Tanks installed on or before April 11, 2016 must be monitored
for releases at least every 30 days using one of the methods listed in
Sec.  280.43(d) through (i) except that:
    (i) UST systems that meet the performance standards in Sec.  280.20
or Sec.  280.21, and the monthly inventory control requirements in
Sec.  280.43(a) or (b), may use tank tightness testing (conducted in
accordance with Sec.  280.43(c)) at least every 5 years until 10 years
after the tank was installed; and
    (ii) Tanks with capacity of 550 gallons or less and tanks with a
capacity of 551 to 1,000 gallons that meet the tank diameter criteria
in Sec.  280.43(b) may use manual tank gauging (conducted in accordance
with Sec.  280.43(b)).
    (2) Tanks installed after April 11, 2016 must be monitored for
releases at least every 30 days in accordance with Sec.  280.43(g).
    (b) Piping. Underground piping that routinely contains regulated
substances must be monitored for releases in a manner that meets one of
the following requirements: