Value of revenues excludes liquidation of investments and issuance of debt. Value includes all general fund operating and non-operating revenues, as well as all revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity.
b. Subtract interfund transfers (dollars) ________
c. Total Revenues (dollars) ________

                          2. Total Expenditures

a. Expenditures (dollars) ________
    Value consists of the sum of general fund operating and non-operating expenditures including interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues.
b. Subtract interfund transfers (dollars) ________
c. Total Expenditures (dollars) ________

                            3. Local Revenues

a. Total Revenues (from 1c) (dollars) ________
b. Subtract total intergovernmental transfers (dollars) ________
c. Local Revenues (dollars) ________

                             4. Debt Service

a. Interest and fiscal charges (dollars) ________
b. Add debt retirement (dollars) ________
c. Total Debt Service (dollars) ________

                  5. Total Funds (Dollars) ________

(Sum of amounts held as cash and investment securities from all funds, excluding amounts held for employee retirement funds, agency funds, and trust funds)

                   6. Population (Persons) ________

                      Part II: Application of Test

                     7. Total Revenues to Population

a. Total Revenues (from 1c) ________
b. Population (from 6) ________
c. Divide 7a by 7b ________
d. Subtract 417________
e. Divide by 5,212 ________
f. Multiply by 4.095 ________

                     8. Total Expenses to Population

a. Total Expenses (from 2c) ________
b. Population (from 6) ________
c. Divide 8a by 8b ________
d. Subtract 524 ________
e. Divide by 5,401________
f. Multiply by 4.095 ________

                   9. Local Revenues to Total Revenues

a. Local Revenues (from 3c) ________
b. Total Revenues (from 1c) ________
c. Divide 9a by 9b ________
d. Subtract .695 ________
e. Divide by .205 ________
f. Multiply by 2.840 ________

                     10. Debt Service to Population

a. Debt Service (from 4c) ________
b. Population (from 6) ________
c. Divide 10a by 10b ________
d. Subtract 51 ________
e. Divide by 1,038 ________
f. Multiply by -1.866 ________

                   11. Debt Service to Total Revenues

a. Debt Service (from 4c) ________
b. Total Revenues (from 1c) ________
c. Divide 11a by 11b ________
d. Subtract .068 ________
e. Divide by .259 ________
f. Multiply by -3.533 ________

                  12. Total Revenues to Total Expenses

a. Total Revenues (from 1c) ________
b. Total Expenses (from 2c) ________
c. Divide 12a by 12b ________
d. Subtract .910 ________
e. Divide by .899 ________
f. Multiply by 3.458 ________

                   13. Funds Balance to Total Revenues

a. Total Funds (from 5) ________
b. Total Revenues (from 1c) ________
c. Divide 13a by 13b ________
d. Subtract .891 ________
e. Divide by 9.156 ________
f. Multiply by 3.270 ________

                   14. Funds Balance to Total Expenses

a. Total Funds (from 5) ________
b. Total Expenses (from 2c) ________
c. Divide 14a by 14b ________
d. Subtract .866 ________
e. Divide by 6.409 ________
f. Multiply by 3.270 ________

               15. Total Funds to Population ________

a. Total Funds (from 5) ________
b. Population (from 6) ________
c. Divide 15a by 15b ________
d. Subtract 270 ________
e. Divide by 4,548 ________
f. Multiply by 1.866 ________

16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937 ________

    I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that the wording of this letter is identical to the wording specified in 40 CFR part 280.105(c) as such regulations were constituted on the date shown immediately below.

[Date]
[Signature]
[Name]
[Title]

	* * * * *

31. Amend § 280.106 as follows:
a. By revising paragraph (a)(1)
b. By revising paragraph (b)
c. By revising paragraph (d)(7)(d)
d. By revising paragraph (e)(7)(d)
e. By revising paragraph (e)(8)(d)
 § 280.106  Local government guarantee.

	(a) * * *

	(1) demonstrate that it meets the bond rating test requirement of § 280.104 and deliver a copy of the chief financial officer's letter as contained in § 280.104(d) and § 280.104(e) to the local government owner or operator; or

* * * * *

	(b) If the local government guarantor is unable to demonstrate financial assurance under any of § § 280.104, 280.105, 280.107(a), 280.107(b), or 280.107(c), at the end of the financial reporting year, the guarantor shall send by certified mail, before cancellation or non-renewal of the guarantee, notice to the owner or operator. The guarantee will terminate no less than 120 days after the date the owner or operator receives the notification, as evidenced by the return receipt. The owner or operator must obtain alternative coverage as specified in § 280.114(e).

* * * * *

	(d) * * *
	(7) * * *

    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

* * * * *

            (e) * * *
            (7) * * *

    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

* * * * *

	(8) * * *

    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: local government owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

* * *

32. In § 280.107 revise paragraph (d) to read as follows:
§ 280.107  Local government fund.

* * * * *

	(d) To demonstrate that it meets the requirements of the local government fund, the chief financial officer of the local government owner or operator and/or guarantor must sign a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

                   Letter from Chief Financial Officer

    I am the chief financial officer of [insert: name and address of local government owner or operator, or guarantor]. This letter is in support of the use of the local government fund mechanism to demonstrate financial responsibility for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage"] caused by [insert: "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate arising from operating (an) underground storage tank(s).
    Underground storage tanks at the following facilities are assured by this local government fund mechanism: [List for each facility: the name and address of the facility where tanks are assured by the local government fund].
    [Insert: "The local government fund is funded for the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanism(s) that provide the remaining coverage." or "The local government fund is funded for five times the full amount of coverage required under § 280.93, or funded for part of the required amount of coverage and used in combination with other mechanisms(s) that provide the remaining coverage," or "A payment is made to the fund once every year for seven years until the fund is fully-funded and [name of local government owner or operator] has available bonding authority, approved through voter referendum, of an amount equal to the difference
between the required amount of coverage and the amount held in the dedicated fund" or "A payment is made to the fund once every year for seven years until the fund is fully-funded and I have attached a letter signed by the State Attorney General stating that (1) the use of the bonding authority will not increase the local government's debt beyond the legal debt ceilings established by the relevant state laws and (2) that prior voter approval is not necessary before use of the bonding authority"].
    The details of the local government fund are as follows:
Amount in Fund (market value of fund at close of last fiscal year):_____
    [If fund balance is incrementally funded as specified in §
280.107(c), insert:
Amount added to fund in the most recently completed fiscal year:_____
Number of years remaining in the pay-in period: _____]

    A copy of the state constitutional provision, or local government statute, charter, ordinance or order dedicating the fund is attached.
    I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 280.107(d) as such regulations were constituted on the date shown immediately below.
[Date]
[Signature]
[Name]
[Title]

* * * * *

33. In § 280.109 revise paragraph (b) (3) to read as follows:
§ 280.109  Cancellation or nonrenewal by a provider of financial assurance.

* * * * *

	(b) * * *

	(3) The evidence of the financial assistance mechanism subject to the termination maintained in accordance with § 280.111(b).

34. In § 280.111 revise paragraphs (b)(9)(ii) and (iii) to read as follows:
§ 280.111  Recordkeeping.

* * * * *

	(b) * * *
	(9) * * *

	(ii) Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund. If the fund is established under § 280.107(c) using incremental funding backed by bonding authority, the financial statements must show the previous year's balance, the amount of funding during the year, and the closing balance in the fund.

	(iii) If the fund is established under § 280.107(c) using incremental funding backed by bonding authority, the owner or operator must also maintain documentation of the required bonding authority, including either the results of a voter referendum (under § 280.107(c)(1)), or attestation by the State Attorney General as specified under § 280.107(c)(2).

* * * * *

35. Revise § 280.113 to read as follows:
§ 280.113  Release from the requirements.

	An owner or operator is no longer required to maintain financial responsibility under this subpart for an underground storage tank after the tank has been permanently closed or, if corrective action is required, after corrective action has been completed and the tank has been permanently closed as required by 40 CFR part 280, subpart G.

36. Add Subpart J to read as follows:

Subpart J  -  Operator Training
280.240 General requirement for all UST systems.
280.241 Designation of operators.
280.242 Requirements for operator training.
280.243 Timing of operator training.
280.244 Retraining.
280.245 Documentation.

Subpart J  -  Operator Training
§ 280.240  General requirement for all UST systems.

	Not later than [Three years after effective date of rule], all owners and operators of UST systems must ensure they have designated Class A, Class B, and Class C operators who meet the requirements of this subpart.

§ 280.241  Designation of operators.

	UST system owners and operators must designate:

	(a)  At least one Class A and one Class B operator for each UST or group of USTs at a facility; and

	(b)  Each individual who meets the definition of Class C operator at the UST facility as a Class C operator.  Class C operators must be employees of the UST system owner and operator.
§ 280.242  Requirements for operator training.

	UST system owners and operators must ensure Class A, Class B, and Class C operators meet the requirements of this section.  Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to the operator class in which the individual is designated.

	(a)  Class A operators.  Each designated Class A operator must either be trained in accordance with paragraphs (a)(1) and (a)(2) of this section or pass a comparable examination in accordance with paragraph (e) of this section.  Class A operators must receive training from an independent trainer.

	(1)  At a minimum, the training program for the Class A operator must provide general knowledge of the requirements in this paragraph.  At a minimum, the training must teach the Class A operators, as applicable, on the purpose, methods, and function of:

	(i)  Spill and overfill prevention;

	(ii)  Release detection;

	(iii)  Corrosion protection;

	(iv)  Emergency response;

	(v)  Product and equipment compatibility;

	(vi)  Financial responsibility;

	(vii)  Notification and storage tank registration;

	(viii)  Temporary and permanent closure;

	(ix)  Related reporting and recordkeeping;

	(x)  Environmental and regulatory consequences of releases; and

	(xi)  Training requirements for Class B and Class C operators.

	(2)  At a minimum, the training program must evaluate Class A operators to determine these individuals have the knowledge and skills to make informed decisions regarding compliance and determine whether appropriate individuals are fulfilling the operation, maintenance, and recordkeeping requirements for UST systems in accordance with paragraph (a)(1) of this section.

	(b)  Class B operators.  Each designated Class B operator must either receive training in accordance with paragraphs (b)(1) and (b)(2) of this section or pass a comparable examination, in accordance with paragraph (e) of this section.  Class B operators must receive training from an independent trainer.

	(1)  At a minimum, the training program for the Class B operator must cover either: general requirements that encompass all regulatory requirements and typical equipment used at UST facilities; or site-specific requirements which address only the regulatory requirements and equipment specific to the facility.  At a minimum, the training program for Class B operators must teach the Class B operator, as applicable, on the purpose, methods, and function of:

	(i)  Operation and maintenance;

	(ii)  Spill and overfill prevention;

	(iii)  Release detection and related reporting;

	(iv)  Corrosion protection and related testing;

	(v)  Emergency response;

	(vi)  Product and equipment compatibility;

	(vii)  Reporting and recordkeeping;

	(viii)  Environmental and regulatory consequences of releases; and

	(ix)  Training requirements for Class C operator.

	(2)  At a minimum, the training program must evaluate Class B operators to determine these individuals have the knowledge and skills to implement applicable UST regulatory requirements in the field on the components of typical UST systems or, as applicable, site-specific equipment used at an UST facility in accordance with paragraph (b)(1) of this section.

	(c)  Class C operators. Each designated Class C operator must either: be trained by a Class A or Class B operator in accordance with paragraphs (c)(1) and (c)(2) of this section; complete a training program in accordance with paragraphs (c)(1) and (c)(2) of this section; or pass a comparable examination, in accordance with paragraph (e) of this section.

	(1)  At a minimum, the training program for the Class C operator must teach the Class C operators to take appropriate actions in response to:

	(i)  Emergencies; and

	(ii)  Alarms caused by spills or releases from the UST system.

	(2)  At a minimum, the training program must evaluate Class C operators to determine these individuals have the knowledge and skills to take appropriate action in response to emergencies (including situations posing an immediate danger or threat to the public or to the environment and that require immediate action) or alarms caused by spills or releases from an underground storage tank system.

	(d)  Training program.  Any training program must meet the minimum requirements of this section and include an evaluation through testing, a practical demonstration, or another approach acceptable to the implementing agency.  The evaluation component of the training program must be developed and administered by an independent organization or the implementing agency or delegated authority.

	(e)  Comparable Examination.  A comparable examination must, at a minimum, test the knowledge of the Class A, Class B, or Class C operators in accordance with the requirements of paragraphs (a), (b), (c) of this section, as applicable.  The examination must be developed and administered by an independent organization or the implementing agency or delegated authority.

§ 280.243  Timing of operator training.

	(a)  An owner and operator must ensure that designated Class A, Class B, and Class C operators meet requirements in § 280.242 according to the following schedule:

                    Phase-In Schedule For Operator Training
                                   Criteria
       Date When Operator Training Or Comparable Examination Is Required
One or more USTs at the facility were installed on or before 12/22/1988
[1 year after effective date of rule]
No USTs at the facility were installed on or before 12/22/1988 and at least one UST at the facility was installed on or before 12/22/1998
[2 years after effective date of rule]
All USTs at the facility were installed after 12/22/1998
[3 years after effective date of rule]

	(b)  Class A and Class B operators designated after the applicable effective date indicated in the schedule above must meet requirements in § 280.242 within 30 days of assuming duties.

	(c)  Class C operators designated after the applicable effective date indicated in the schedule above must be trained before assuming duties of a Class C operator.

§ 280.244  Retraining.

	Class A and Class B operators of UST systems determined by the implementing agency to be out of compliance must complete a training program or comparable examination in accordance with requirements in § 280.242.  At a minimum, the training must cover the area(s) determined to be out of compliance.  UST system owners and operators must ensure Class A and Class B operators are retrained pursuant to this section no later than 30 days from the date the implementing agency determines the facility is out of compliance except in one of the following situations:

	(a)  Class A and Class B operators take annual refresher training.   Refresher training for Class A and Class B operators must cover all applicable requirements in § 280.242, or

	(b)  The implementing agency, at its discretion, grants a waiver of this retraining requirement to either the Class A or Class B operator or both.

§ 280.245  Documentation.

	Owners and operators of underground storage tank systems must maintain a list of designated Class A, Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, have been completed, in accordance with § 280.34 as follows:

	(a)  The list must:

	(1)  Identify all Class A, Class B, and Class C operators at the facility over the last three years; and

	(2)  Include names, class of operator trained, date assumed duties, date each completed initial training, and any retraining.

	(b)  Records verifying completion of training or retraining must be a paper or electronic record for Class A, Class B, and Class C operators.  The records, at a minimum, must identify name of trainee, date trained, and operator training class completed.  Owners and operators must maintain these records for as long as Class A, Class B, and Class C operators are designated.  The following requirements also apply to the following types of training:

	(1)  Records from classroom or field training programs or a comparable examination must, at a minimum, be signed by the trainer or examiner and list the printed name of the trainer or examiner and the company name, address, and phone number;

	(2)  Records from computer-based training must, at a minimum, indicate the name of the training program and web address, if Internet-based; and

	(3) Records of retraining must include those areas on which the Class A or Class B operator has been retrained.

Appendix I to Part 280  -  Attached Notification of UST Form

Appendix II to Part 280  -  Attached Notification of Ownership Change Form

Appendix III TO Part 280 --
STATEMENT FOR SHIPPING TICKETS AND INVOICES

Note.  A federal law (the Solid Waste Disposal Act, as amended), requires owners of certain underground storage tanks to notify implementing agencies of the existence of their tanks.  Notifications must be made within 30 days of bringing the tank into use.  Consult EPA's regulations at 40 CFR 280.22 to determine if you are affected by this law.

--------------------------------------------------------------------------------

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460

                                                                 Form Approved.
                                                               OMB No.2050-0068

                  Notification for Underground Storage Tanks

Implementing Agency Name and Address:

                         IMPLEMENTING AGENCY USE ONLY

ID NUMBER:

DATE RECEIVED:

                             TYPE OF NOTIFICATION

DATE ENTERED INTO COMPUTER:

 A. NEW FACILITY

 B. AMENDED

 C. CLOSURE

DATA ENTRY CLERK INITIALS:

_____ Number of tanks
   at facility

 _____  Number of continuation sheets attached

OWNER WAS CONTACTED TO CLARIFY RESPONSES, COMMENTS:

                     INSTRUCTIONS AND GENERAL INFORMATION

Please type or print in ink.  Also, be sure you have signatures in ink for sections VIII and XI.  Complete a notification form for each location containing underground storage tanks.  If more than 5 tanks are owned at this location, you may photocopy pages 3 through 5 and use them for additional tanks.

The primary purpose of this notification form is to locate and evaluate underground storage tank systems (USTs) that store or have stored petroleum or hazardous substances. The information you provide will be based on reasonably available records, or in the absence of such records, your knowledge or recollection.

Federal law requires UST owners to use this notification form for all USTs storing regulated substances that are brought into use after May 8, 1986, or USTs in the ground as of May 8, 1986 that have stored regulated substances at any time since January 1, 1974. The information requested is required by Section 9002 of the Solid Waste Disposal Act (SWDA), as amended.
Who Must Notify? Section 9002 of SWDA, as amended, requires owners of USTs that store regulated substances (unless exempted) to notify designated state or local agencies of the existence of their USTs. "Owner" is defined as:
·	In the case of an UST in use on November 8, 1984, or brought into use after that date, any person who owns an UST used for storage, use, or dispensing of regulated substances; or
·	In the case of an UST in use before November 8, 1984, but no longer in use on that date, any person who owned the UST immediately before its discontinuation.
Also, if the state so requires, any facility that has made any changes to facility information or UST system status, must submit a notification form (only amended information needs to be included).
What USTs Are Included? An UST system is defined as any one or combination of tanks that is used to contain an accumulation of regulated substances, and whose volume (including connected underground piping) is 10 percent or more beneath the ground. Regulated USTs store petroleum or hazardous substances (see the "What Substances Are Covered").

What Tanks Are Excluded From Notification (see § 280.10 and § 280.12)?
   *  Tanks removed from the ground before May 8, 1986;
   *  Farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for noncommercial purposes;
   *  Tanks storing heating oil for use on the premises where stored;
   *  Septic tanks;
   *  Certain pipeline facilities regulated under chapter 601 of Title 49;
   *  Surface impoundments, pits, ponds, or lagoons;
   *  Storm water or wastewater collection systems;
   *  Flow-through process tanks;
   *  Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
   *  Tanks on or above the floor of underground areas, such as basements or tunnels;
   *  Tanks with a capacity of 110 gallons or less.
What Substances Are Covered? The notification requirements apply to USTs containing petroleum or certain hazardous substances. Petroleum includes gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). Hazardous substances are those found in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), with the exception of those substances regulated as hazardous waste under Subtitle C of RCRA.
Where To Notify? Send completed forms to:

When To Notify? Owners who bring USTs into use after May 8, 1986, must notify within 30 days of bringing the UST into use. Owners of previously deferred USTs must notify by [ENTER DATE 30 days after REG]. If the state requires notification of any amendments to facility, send information to state agency immediately.
Penalties: Any owner who knowingly fails to notify or submits false information shall be subject to a civil penalty not to exceed $16,000 for each tank for which notification is not given or for which false information is given.

	I. OWNERSHIP OF UST(s)

	II. LOCATION OF UST(s)

Owner Name (Corporation, Individual, Public Agency, or Other Entity)

If required by  implementing agency, give the geographic location of USTs by degrees, minutes, and seconds.  Example: Latitude 42 36' 12" N,  Longitude 85 24' 17" W
	Latitude ________________     Longitude ________________

Street Address

Facility Name or Company Site Identifier, as applicable

County

   If address is the same as in Section I, check the box and proceed to section III.
  If address is different, enter address below:
Street Address

City

State

Zip Code
County

Phone Number (Include Area Code)

City

	State

Zip Code

--------------------------------------------------------------------------------

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460

                                                                 Form Approved.
                                                               OMB No.2050-0068

                  Notification for Underground Storage Tanks

                              III. TYPE OF OWNER

                              IV. INDIAN COUNTRY

	Federal Government
	State Government    	Commercial
	Local Government    	Private

USTs are located on land within an Indian Reservation or on trust lands outside reservation boundaries.

USTs are owned by a Native American
nation or tribe.

Tribe or Nation where USTs are located:

	V. TYPE OF FACILITY

	Gas Station
	Petroleum Distributor
	Air Taxi (Airline)
	Aircraft Owner
	Auto Dealership

	Railroad
	Federal - Non-Military
	Federal - Military
	Industrial
	Contractor

	Trucking/Transport
	Utilities
	Residential
	Farm
	Other (Explain) _____________________________

                     VI. CONTACT PERSON IN CHARGE OF TANKS

Name:

Job Title:

Address:

Phone Number (Include Area Code):

	VII. FINANCIAL RESPONSIBILITY

I have met the financial responsibility requirements (in accordance with 40 CFR Part 280 Subpart H) by using the following mechanisms:

Check All that Apply

	Self Insurance
	Commercial Insurance
	Risk Retention Group
	Local Government Financial Test

	Guarantee
	Surety Bond
	Letter of Credit
	Bond Rating Test

	State Funds
	Trust Fund
	Other Method (describe here)

______________________________________

	VIII. CERTIFICATION (Read and sign after completing ALL SECTIONS of this notification form)

I certify under penalty of law that I have personally examined and am familiar with the information submitted in Sections I through XI of this notification form and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.

Name and official title of owner or owner's
authorized representative (Print)

Signature

Date Signed

Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 30 minutes per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.

--------------------------------------------------------------------------------

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460

                                                                 Form Approved.
                                                               OMB No.2050-0068

                  Notification for Underground Storage Tanks

	IX. DESCRIPTION OF UNDERGROUND STORAGE TANKS (Complete for all tanks and piping at this location.)

Tank Identification Number

Tank No.

Tank No.

Tank No.

Tank No.

Tank No.

1.  Status of Tank (check only one)	Currently In Use
	Temporarily Closed
	Permanently Closed

2.  Date of Installation (month/year)

3.  Estimated Total Capacity (gallons)

                                                         (check all that apply)
4.  Material Of Construction                 Asphalt Coated                                   or Bare Steel
                                                   Cathodically Protected Steel
                                        Coated and Cathodically Protected Steel
                             Composite (steel clad with noncorrodible material)
                                                  Fiberglass Reinforced Plastic
                                                                 Lined Interior
                                                               Excavation Liner
                                                                  Double Walled
                                                      Noncorrodible Tank Jacket
                                                                       Concrete
                                                                        Unknown
                                                  If other, please specify here

                                       Check box if tank has ever been repaired

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

5.  Piping Material	Bare Steel
    (check all that apply)	Galvanized Steel
	Fiberglass Reinforced Plastic
	Flexible Plastic
                                                                         Copper
	Cathodically Protected
	Double Walled
	Secondary Containment
	Unknown
	If other, please specify here

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

6.  Piping Type	Safe Suction (no valve at tank)
  (check all that apply)	U.S. Suction (valve at tank)
	Pressure
	Gravity Feed

--------------------------------------------------------------------------------

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460

                                                                 Form Approved.
                                                               OMB No.2050-0068

                  Notification for Underground Storage Tanks

Tank Identification Number

Tank No.

Tank No.

Tank No.

Tank No.

Tank No.

7.  Substance Currently	Gasoline
Stored (or last stored in         (containing <=10% ethanol)
the case of closed tanks)
                                                                         Diesel
 (check all that apply)
                                                                      Biodiesel

        	Kerosene

	Heating Oil

	Used Oil

	Gasoline Containing
                                         >10% Ethanol (specify amount)

                                                If other, please specify here

                                    _______
                                    _______

                                    _______
                                    _______

                                    _______
                                    _______

                                    _______
                                    _______

                                    _______
                                    _______

                                                            Hazardous Substance
                                                            CERCLA Name and/or
                                                                     CAS Number

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                                          Mixture of Substances

                                                           Please specify here

_

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

                                    _______

8.  Release Detection

    (check all that apply)	Manual Tank Gauging

	Tank Tightness Testing

	Inventory Control

	Automatic Tank Gauging

	Vapor Monitoring

	Groundwater Monitoring

	Interstitial Monitoring
                        (required for new or replaced tanks/piping)

                                      Statistical Inventory Reconciliation

	Automatic Line Leak Detectors

	Line Tightness Testing
                                                   (applicable suction piping)
                                                             Bulk Tightness Test
                                                        (field-constructed tank)

                                                     Bulk Line Tightness Test
                                    (airport hydrant distribution system)

	No Release Detection Dequired
                               (such as some types of suction piping)

	Other method allowed by implementing agency

                                     TANK

                                     PIPE

                                     TANK

                                     PIPE

                                     TANK

                                     PIPE

                                     TANK

                                     PIPE

                                     TANK

                                     PIPE

	If other, please specify here

9.  Spill and Overfill                     Overfill Device Installed
     Protection
	Spill Device Installed

--------------------------------------------------------------------------------

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460

                                                                 Form Approved.
                                                               OMB No.2050-0068

                  Notification for Underground Storage Tanks

Tank Identification Number

Tank No.

Tank No.

Tank No.

Tank No.

Tank No.

                       X.  CLOSURE OR CHANGE IN SERVICE

Closure or Change in Service

	Estimated date the UST was last used for storing regulated
	substances (month/day/year)

	Check box if this is a change in service

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

2.	Tank Closure
	Estimated date tank closed (month/day/year)
	(check all that apply below)
	Tank was removed from ground
	Tank was closed in ground
	Tank filled with inert material
	Describe the inert fill material here

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

3.	Site Assessment

	Check box if the site assessment was completed

	Check box if evidence of a leak was detected

	XI. CERTIFICATION OF INSTALLATION (COMPLETE FOR UST SYSTEMS INSTALLED AFTER DECEMBER 22, 1988)

 Installer Of Tank And Piping Must Check All That Apply:

	Installer certified by tank and piping manufacturers

	Installer certified or licensed by the implementing agency

	Installation inspected by a registered engineer

	Installation inspected and approved by implementing agency

	Manufacturer's installation checklists have been completed

	Another method allowed by State agency
	If so, please specify here

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

                                   ________

Signature of UST Installer Certifying Proper Installation of UST System

                                __________________________                         __________________________                                    ___________
                                                 Name				          Signature				       Date

                                __________________________                         __________________________
                                               Position				           Company

--------------------------------------------------------------------------------

                                 United States
                        Environmental Protection Agency
                             Washington, DC 20460

                                                                 Form Approved.
                                                                  OMB No.XXXXXX

        Notification of Ownership Change for Underground Storage Tanks

Implementing Agency Name and Address:

                         IMPLEMENTING AGENCY USE ONLY

ID NUMBER:

DATE RECEIVED:

DATE ENTERED INTO COMPUTER:

DATA ENTRY CLERK INITIALS:

OWNER WAS CONTACTED TO CLARIFY RESPONSES, COMMENTS:

                     INSTRUCTIONS AND GENERAL INFORMATION

Please type or print in ink.  Also, be sure you have signatures in ink.

The primary purpose of this notification form is to inform implementing agencies of ownership changes for underground storage tank (UST) systems that store or have stored petroleum or hazardous substances.

Federal regulation requires UST owners to notify the implementing agency of any ownership change for USTs storing regulated substances after [ENTER EFFECTIVE DATE OF RULE].
Who Must Notify? 40 CFR part 280, as amended, requires owners of USTs that store regulated substances (unless exempted) to notify implementing agencies of any ownership changes. Owner is defined as:
·	In the case of an UST in use on November 8, 1984, or brought into use after that date, any person who owns an UST used for storage, use, or dispensing of regulated substances; or
·	In the case of an UST in use before November 8, 1984, but no longer in use on that date, any person who owned the UST immediately before its discontinuation.
What USTs Are Included? An UST system is defined as any one or combination of tanks that is used to contain an accumulation of regulated substances, and whose volume (including connected underground piping) is 10 percent or more beneath the ground. Regulated USTs store petroleum or hazardous substances (see "What Substances Are Covered").

When To Notify? Any owner or operator who assumes ownership of a regulated UST system must notify the implementing agency within 30 days of assuming such ownership.

What Tanks Are Excluded From Notification (see § 280.10 and § 280.12)?
   * Tanks removed from the ground before May 8, 1986;
   * Farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for noncommercial purposes;
   * Tanks storing heating oil for use on the premises where stored;
   * Septic tanks;
   * Certain pipeline facilities regulated under chapter 601 of Title 49;
   * Surface impoundments, pits, ponds, or lagoons;
   * Storm water or wastewater collection systems;
   * Flow-through process tanks;
   * Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations;
   * Tanks on or above the floor of underground areas, such as basements or tunnels;
   * Tanks with a capacity of 110 gallons or less.
What Substances Are Covered? The notification requirements apply to USTs containing petroleum or certain hazardous substances.  Petroleum includes gasoline, used oil, diesel fuel, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). Hazardous substances are those found in Section 101 (14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), with the exception of those substances regulated as hazardous waste under Subtitle C of RCRA.
Where To Notify? Send completed forms to:

Penalties: Any owner who knowingly fails to notify or submits false information shall be subject to a civil penalty not to exceed $16,000 for each tank for which notification is not given or for which false information is given.
  OWNERSHIP OF UST(s) Corporation, Individual, Public Agency, or Other Entity
                     FACILITY NAME AND LOCATION OF UST(s)
Current Owner Name

Previous Owner Name
Facility Name                   Check here if name changed after ownership Change

Address

Address
   Check this box if the physical address of the UST(s) is the same as the current owner address.  If address is different, enter address below:

If required by implementing agency, give the geographic location of UST(s) by degrees, minutes, and seconds.
Latitude __________________             Longitude ___________________
Phone

Phone
Date of Ownership Change

Signature of Current Owner:  _______________________________________

Date:  ____________________
Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 10 minutes per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.

For the reasons stated in the preamble, Title 40 Chapter I of Code of Federal Regulations is proposed to be amended as follows.

PART 281  -  APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS

1. The authority citation for part 281 is revised to read as follows:
Authority:  Sections 2002, 9004, 9005, 9006 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6912, 6991(c), (d), (e)).

2. Revise Part 281 to read as follows:
Part 281 - APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS

Subpart A - Purpose, General Requirements and Scope
Sec.
281.10 Purpose.
281.11 General requirements.
281.12 Scope and definitions.

Subpart B - Components of a Program Application
281.20 Program application.
281.21 Description of state program.
281.22 Procedures for adequate enforcement.
281.23 Schedule for interim approval.
281.24 Memorandum of agreement.
281.25 Attorney General's statement.

Subpart C - Criteria for No Less Stringent
281.30 New UST system design, construction, installation, and notification.
281.31 Upgrading existing UST systems.
281.32 General operating requirements.
281.33 Release detection.
281.34 Release reporting, investigation, and confirmation.
281.35 Release response and corrective action.
281.36 Out-of-service UST systems and closure.
281.37 Financial responsibility for UST systems containing petroleum.
281.38 Lender liability.
281.39 Operator training.

Subpart D - Adequate Enforcement of Compliance
281.40 Requirements for compliance program and authority.
281.41 Requirements for enforcement authority.
281.42 Requirements for public participation.
281.43 Sharing of information.

Subpart E - Approval Procedures
281.50 Approval procedures for state programs.
281.51 Revision of approved state programs.

Subpart F - Withdrawal of Approval of State Programs
281.60 Criteria for withdrawal of approval of state programs.
281.61 Procedures for withdrawal of approval of state programs.

SUBPART A - PURPOSE, GENERAL REQUIREMENTS AND SCOPE

§ 281.10 - Purpose

      (a) This part specifies the requirements that state programs must meet for approval by the Administrator under § 9004 of the Solid Waste Disposal Act, and the procedures EPA will follow in approving, revising and withdrawing approval of state programs.
      (b) State submissions for program approval must be in accordance with the procedures set out in this part.
      (c) A state may apply for approval under this part at any time after the promulgation of release detection, prevention, and corrective action regulations under § 9003 of the Solid Waste Disposal Act.
      (d) Any state program approved by the Administrator under this part shall at all times be conducted in accordance with the requirements of this part.

§ 281.11 - General Requirements

      (a) State Program Elements.  The following substantive elements of a state program must be addressed in a state application for approval:
      (1) Requirements for all existing and new underground storage tanks:
      (i) New UST systems (design, construction, installation, and notification);
      (ii) Upgrading of existing UST systems;
      (iii) General operating requirements;
      (iv) Release detection;
      (v) Release reporting, investigation, and confirmation;
      (vi) Out-of-service USTs and closure;
      (vii) Release response and corrective action;
      (viii) Financial responsibility for UST systems containing petroleum; and
      (ix) Operator training.
      (2) Provisions for adequate enforcement of compliance with the above program elements.
      (b) Final Approval.  The state must demonstrate that its requirements under each state program element for existing and new UST systems are no less stringent than the corresponding federal requirements as set forth in subpart C of this part.  The state must also demonstrate that it has a program that provides adequate enforcement of compliance with these requirements.
      (c) States with programs approved under this part are authorized to administer the state program in lieu of the federal program and will have primary enforcement responsibility with respect to the requirements of the approved program.  EPA retains authority to take enforcement action in approved states as necessary and will notify the designated lead state agency of any such intended action.

§ 281.12 - Scope and Definitions

      (a) Scope
      (1) The Administrator may approve either partial or complete state programs.  A "partial" state program regulates either solely UST systems containing petroleum or solely UST systems containing hazardous substances.  If a "partial" state program is approved, EPA will administer the remaining part of the program.  A "complete" state program regulates both petroleum and hazardous substance tanks.
      (2) EPA will administer the UST program in Indian country, except where Congress has clearly expressed an intention to grant a state authority to regulate petroleum and hazardous substance USTs in Indian country.  In either case, this decision will not impair a state's ability to obtain program approval for petroleum and/or hazardous substances in non-Indian country in accordance with this part.
      (3)  Nothing in this subpart precludes a state from:
      (i) Adopting or enforcing requirements that are more stringent or more extensive than those required under this part; or
      (ii) Operating a program with a greater scope of coverage than that required under this part.  Where an approved state program has a greater scope of coverage than required by federal law, the additional coverage is not part of the federally-approved program.
      (b) Definitions
      (1) The definitions in part 280 apply to this entire part.
      (2) For the purposes of this part the term "final approval" means the approval received by a state program that meets the requirements in § 281.11(b).

SUBPART B - COMPONENTS OF A PROGRAM APPLICATION

§ 281.20 - Program Application

    Any state that seeks to administer a program under this part must submit an application containing the following parts:
    (a) A transmittal letter from the Governor of the state requesting program approval;
    (b) A description in accordance with § 281.21 of the state program and operating procedures;
    (c) A demonstration of the state's procedures to ensure adequate enforcement;
    (d) A schedule for obtaining needed authorities under interim approval, where applicable;
    (e) A Memorandum of Agreement outlining roles and responsibilities of EPA and the implementing agency;
(f) An Attorney General's statement in accordance with § 281.25 certifying to applicable state authorities; and
    (g) Copies of all applicable state statutes and regulations.
    Note to § 281.20:  EPA has designed an optional application form that is available for use by state applicants.

§ 281.21 - Description of State Program

    	A state seeking to administer a program under this part must submit a description of the program it proposes to administer under state law in lieu of the federal program.  The description of a state's existing or planned program must include:
    (a) The scope of the state program:
    (1) whether the state program regulates UST systems containing petroleum or hazardous substances, or both;
    (2) whether the state is applying for interim or final approval;
    (3) whether the state program is more stringent or broader in scope than the federal program, and in what ways; and
    (4) whether the state has any existing authority over Indian lands or has existing agreements with Indian tribes relevant to the regulation of underground storage tanks.
      (b) The organization and structure of the state and local agencies with responsibility for administering the program.  The jurisdiction and responsibilities of all state and local implementing agencies must be delineated, appropriate procedures for coordination set forth, and one state agency designated as a "lead agency" to facilitate communications between EPA and the state.
      (c) Staff resources to carry out and enforce the required state program elements, both existing and planned, including the number of employees, agency where employees are located, general duties of the employees, and current limits or restrictions on hiring or utilization of staff.
      (d) An existing state funding mechanism to meet the estimated costs of administering and enforcing the required state program elements, and any restrictions or limitations upon this funding.

§ 281.22 - Procedures for Adequate Enforcement

      A state must submit a description of its compliance monitoring and enforcement procedures, including related state administrative or judicial review procedures.

§ 281.23 - Memorandum of Agreement

      EPA and the approved state will negotiate a Memorandum of Agreement (MOA) containing proposed areas of coordination and shared responsibilities between the state and EPA and separate EPA and state roles and responsibilities in areas including, but not limited to:  implementation of partial state programs; enforcement; compliance monitoring; EPA oversight; and sharing and reporting of information.  At the time of approval, the MOA must be signed by the Regional Administra - tor and the appropriate official of the state lead agency.

§ 281.24 - Attorney General's Statement

      (a) A state must submit a written demonstration from the Attorney General that the laws and regulations of the state provide adequate authority to carry out the program described under § 281.21 and to meet other requirements of this part.  This statement may be signed by independent legal counsel for the state rather than the Attorney General, provided that such counsel has full authority to independently represent the state Agency in court on all matters pertaining to the state program.  This statement must include citations to the specific statutes, administrative regulations, and where appropriate, judicial decisions that demonstrate adequate authority to regulate and enforce requirements for UST systems.  State statutes and regulations cited by the state Attorney General must be fully effective when the program is approved.
      (b) If a state currently has authority over underground storage tank activities on Indian country, the statement must contain an appropriate analysis of the state's authority.

SUBPART C  -  CRITERIA FOR NO LESS STRINGENT

§ 281.30 - New UST System Design, Construction, Installation, and Notification

      In order to be considered no less stringent than the corresponding federal requirements for new UST system design, construction, installation, and notification, the state must have requirements that ensure all new underground storage tanks, and the attached piping in contact with the ground and used to convey the regulated substance stored in the tank, conform to the following:
(a) Be designed, constructed, and installed in a manner that will prevent releases for their operating life due to manufacturing defects, structural failure, or corrosion.  Unless the state requires manufacturer and installer financial responsibility and installer certification in accordance with § 9003(i)(2) of the Solid Waste Disposal Act, then the state must meet the following:
(1) Tanks and piping replaced or installed after the state's submission of its state program approval or revision application must use interstitial monitoring within secondary containment in accordance with § 9003(i)(1) of the Solid Waste Disposal Act.
(2) Motor fuel dispenser systems installed and connected to an UST system after the state's submission of its state program approval or revisions application must be equipped with under-dispenser containment in accordance with § 9003(i)(1) of the Solid Waste Disposal Act.
Note to paragraph (a):  Codes of practice developed by nationally-recognized organizations and national independent testing laboratories may be used to demonstrate that the state program requirements are no less stringent in this area.;
      (b) Be provided with equipment to prevent spills and tank overfills when new tanks are installed or existing tanks are upgraded, unless the tank does not receive more than 25 gallons at one time.  Flow restrictors used in vent lines are not allowable forms of overfill prevention when overfill prevention is installed or replaced after the state applies for state program approval or revision.
      (c) All UST system owners and operators must notify the implementing state agency of the existence of any new UST system and adequately notify the implementing state agency within a reasonable timeframe when assuming ownership of an UST system using a form designated by the state agency.

§ 281.31 - Upgrading UST Systems

      In order to be considered no less stringent than the corresponding federal upgrading requirements, the state must have requirements that ensure UST systems installed prior to the state applying for state program approval or revision meet the requirements of § 281.30; are upgraded to prevent releases for their operating life due to corrosion, and spills, and overfills; or are permanently closed with the following exceptions:
      (a) Upgrade Requirements for Previously Deferred UST Systems.  Previously deferred wastewater treatment tank systems, airport hydrant fuel distribution systems, and UST systems with field-constructed tanks where installation commenced before the state's submission of its state program approval or revision application must, within three years of the effective date of this section, as amended, or prior to the state's submission of its state program approval or revision application, whichever date is later, meet the requirements of § 281.30 or be permanently closed.
      (b) Upgrade Requirements for Other UST Systems.  States may allow UST systems to be upgraded if the state determines that the upgrade is appropriate to prevent releases for the operating life of the UST system due to corrosion and spill or overfills.

§ 281.32 - General Operating Requirements

      In order to be considered no less stringent than the corresponding federal general operating requirements, the state must have requirements that ensure all new and existing UST systems conform to the following:
(a) Prevent spills and overfills by ensuring that the space in the tank is sufficient to receive the volume to be transferred and that the transfer operation is monitored constantly;
      (b) Where equipped with cathodic protection, be operated and maintained by a person with sufficient training and experience in preventing corrosion, and in a manner that ensures that no releases occur during the operating life of the UST system;
      Note to paragraph (b):  Codes of practice developed by nationally-recognized organizations and national independent testing laboratories may be used to demonstrate the state program requirements are no less stringent.
      (c) Be made of or lined with materials that are compatible with the substance stored;
(d) At the time of upgrade or repair, be structurally sound and upgraded or repaired in a manner that will prevent releases due to structural failure or corrosion during their operating lives;
(e) Have spill and overfill prevention equipment periodically tested in a manner and frequency that ensures its functionality for the operating life of the equipment and have the integrity of secondary containment periodically tested in a manner and frequency that prevents releases during the operating life of the UST system, except on equipment not required to be tested by 40 CFR part 280.
(f) Have operation and maintenance walkthrough inspections periodically conducted in a manner and frequency that ensures proper operation and maintenance for the operating life of the UST system.
(g) Have records of monitoring, testing, repairs, and operation and maintenance walkthrough inspections.  These records must be made readily available when requested by the implementing agency.

§ 281.33 - Release Detection

      In order to be considered no less stringent than the corresponding federal requirements for release detection, the state must have requirements that at a minimum ensure all UST systems are provided with release detection that conforms to the following:
      (a) General Methods.  Release detection requirements for owners and operators must consist of a method, or combination of methods, that is:
      (1) Capable of detecting a release of the regulated substance from any portion of the UST system that routinely contains regulated substances -- as effectively as any of the methods allowed under the federal technical standards -- for as long as the UST system is in operation.  In comparing methods, the implementing agency shall consider the size of release that the method can detect and the speed and reliability with which the release can be detected.
(2) Designed, installed, calibrated, operated and maintained so that releases will be detected in accordance with the capabilities of the method;
(3) Operated and maintained, and electronic and mechanical components are tested periodically, in a manner and frequency that ensures proper operation to detect releases for the operating life of the release detection equipment.
      (b) Phase-in of requirements.  Release detection requirements must, at a minimum, be applied at all UST systems, except for UST systems previously deferred under § 280.10(a)(1), prior to the state's submission of its state program approval or revision application.  Release detection requirements must, at a minimum, be scheduled to be applied to previously deferred UST systems as follows:
      (1) Immediately when a new previously deferred UST system is installed, and
      (2) For any wastewater treatment tank system, airport hydrant fuel distribution system, or UST system with field constructed tanks installed prior to the state's submission of its state program approval or revision application, within three years of the effective date of this section, as amended, or prior to the state's submission of its state program approval or revision application, whichever date is later.
      (3) For any UST system that stores fuel solely for the use of emergency power generators that was installed prior to the state's submission of its state program approval or revision application, within one year of the effective date of this section, as amended, or prior to the state's submission of its state program approval or revision application, whichever date is later.
      (c) Requirements for Petroleum Tanks.  All petroleum tanks must meet the following requirements:
      (1) All petroleum tanks must be sampled, tested, or checked for releases at least monthly, except that tanks (that is, tanks and piping protected from releases due to corrosion and equipped with both spill and overfill prevention devices) installed prior to the state's submission of its State Program Approval or revision application may temporarily use monthly inventory control (or its equivalent) in combination with tightness testing (or its equivalent) conducted every five years for the first 10 years after the tank is installed; and
       (2)  New or replaced petroleum tanks must use interstitial monitoring within secondary containment in accordance with § 9003(i)(1) of the Solid Waste Disposal Act except when the state requires manufacturer and installer financial responsibility and installer certification in accordance with § 9003(i)(2) of the Solid Waste Disposal Act.
      (d) Requirements for Petroleum Piping.  All underground piping attached to the tank that routinely conveys petroleum must conform to the following:
      (1) If the petroleum is conveyed under greater than atmospheric pressure:
      (i) The piping must be equipped with release detection that detects a release within an hour by restricting or shutting off flow or sounding an alarm; and
      (ii) The piping must have monthly monitoring applied or annual tightness tests conducted.
      (2) If suction lines are used: (i) tightness tests must be conducted at least once every 3 years, unless a monthly method of detection is applied to this piping; or (ii) the piping is designed to allow the contents of the pipe to drain back into the storage tank if the suction is released and is also designed to allow an inspector to immediately determine the integrity of the piping system.
      (3) New or replaced petroleum piping must use interstitial monitoring within secondary containment in accordance with § 9003(i)(1) of the Solid Waste Disposal Act except when the state requires evidence of financial responsibility and certification in accordance with § 9003(i)(2) of the Solid Waste Disposal Act.
      (e) Requirements for Hazardous Substance UST Systems.  All hazardous substance UST systems must use interstitial monitoring within secondary containment of the tanks and the attached under - ground piping that conveys the regulated substance stored in the tank.  For hazardous substance UST systems installed prior to the state's submission of its state program approval or revision application, owners and operators can use another form of release detection if the owner and operator can demonstrate to the state (or the state otherwise determines) that another method will detect a release of the regulated substance as effectively as other methods allowed under the state program for petroleum UST systems and that effective corrective action technology is available for the hazardous substance being stored that can be used to protect human health and the environment.

§ 281.34 - Release Reporting, Investigation and Confirmation

      In order to be considered no less stringent than the corresponding federal requirements for release reporting, investigation, and confirmation, the state must have requirements that ensure all owners and operators conform with the following:
      (a) Promptly investigate all suspected releases, including:
      (1) when unusual operating conditions, release detection signals and environmental conditions at the site suggest a release of regulated substances may have occurred or the interstitial space may have been compromised; and
      (2) when required by the implementing agency to determine the source of a release having an impact in the surrounding area; and
      (b) promptly report all confirmed underground releases and any spills and overfills that are not contained and cleaned up.
      (c) ensure that all owners and operators contain and clean up unreported spills and overfills in a manner that will protect human health and the environment.

§ 281.35 - Release Response and Corrective Action

      In order to be considered no less stringent than the corresponding federal requirements for release response and corrective action, the state must have requirements that ensure:
      (a) All releases from UST systems are promptly assessed and further releases are stopped;
      (b) Actions are taken to identify, contain and mitigate any immediate health and safety threats that are posed by a release (such activities include investigation and initiation of free product removal, if present);
      (c) All releases from UST systems are investigated to determine if there are impacts on soil and ground water, and any nearby surface waters.  The extent of soil and ground-water contamination must be delineated when a potential threat to human health and the environment exists.
      (d) All releases from UST systems are cleaned up through soil and ground water remediation and any other steps, as necessary to protect human health and the environment;
      (e) Adequate information is made available to the state to demonstrate that corrective actions are taken in accordance with the requirements of (a) - (d) above.  This information must be submitted in a timely manner that demonstrates its technical adequacy to protect human health and the environment; and
(f) In accordance with § 280.67, the state must notify the affected public of all confirmed releases requiring a plan for soil and ground water remediation, and upon request provide or make available information to inform the interested public of the nature of the release and the corrective measures planned or taken.

§ 281.36 - Out-of-Service UST Systems and Closure

      In order to be considered no less stringent than the corresponding federal requirements for temporarily closed UST systems and permanent closure, the state must have requirements that ensure UST systems conform with the following:
      (a) Removal from Service.  All new and existing UST systems temporarily closed must:
      (1) continue to comply with general operating requirements, release reporting and investigation, and release response and corrective action;
      (2) continue to comply with release detection requirements if regulated substances are stored in the tank;
      (3) be closed off to outside access; and
      (4) be permanently closed if the UST system has not been protected from corrosion and has not been used in one year, unless the state approves an extension after the owner and operator conducts a site assessment.
      (b) Permanent Closure of UST Systems.  All tanks and piping must be cleaned and permanently closed in a manner that eliminates the potential for safety hazards and any future releases.  The owner or operator must notify the state of permanent UST system closures.  The site must also be assessed to determine if there are any present or were past releases, and if so, release response and corrective action requirements must be complied with.
      (c) All UST systems taken out of service before the effective date of the federal regulations must permanently close in accordance with (b) when directed by the implementing agency.

§ 281.37  Financial Responsibility for UST Systems Containing Petroleum

      (a) In order to be considered no less stringent than the federal requirements for financial responsibility for UST systems containing petroleum, the state requirements for financial responsibility for petroleum UST systems must ensure that:  (1) owners and operators have $1 million per occurrence for corrective action and third-party claims in a timely manner to protect human health and the environment; (2) owners and operators not engaged in petroleum production, refining, and marketing and who handle a throughput of 10,000 gallons of petroleum per month or less have $500,000 per occurrence for corrective action and third-party claims in a timely manner to protect human health and the environment; (3) owners and operators of 1 to 100 petroleum USTs must have an annual aggregate of $1 million; and (4) owners and operators of 101 or more petroleum USTs must have an annual aggregate of $2 million.
      (b) States may allow the use of a wide variety of financial assurance mechanisms to meet this requirement.  Each financial mechanism must meet the following criteria in order to be no less stringent than the federal requirements.  The mechanism must:  be valid and enforceable; be issued by a provider that is qualified or licensed in the state; not permit cancellation without allowing the state to draw funds; ensure that funds will only and directly be used for corrective action and third party liability costs; and require that the provider notify the owner or operator of any circumstances that would impair or suspend coverage.
      (c) States must require owners and operators to maintain records that demonstrate compliance with the state financial responsibility requirements, and these records must be made readily available when requested by the implementing agency.

§ 281.38  -  Lender Liability
      (a) A state program that contains a security interest exemption will be considered to be no less stringent than, and as broad in scope as, the federal program provided that the state's exemption:
      (1) Mirrors the security interest exemption provided for in 40 CFR part 280, subpart I; or
      (2) Achieves the same effect as provided by the following key criteria:
      (i) A holder, meaning a person who maintains indicia of ownership primarily to protect a security interest in a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located, who does not participate in the management of the UST or UST system as defined under § 280.10 of this chapter, and who does not engage in petroleum production, refining, and marketing as defined under § 280.200(b) of this chapter is not:
      (A) An "owner" of a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located for purposes of compliance with the requirements of 40 CFR part 280; or
      (B) An "operator" of a petroleum UST or UST system for purposes of compliance with the requirements of 40 CFR part 280, provided the holder is not in control of or does not have responsibility for the daily operation of the UST or UST system.
      (ii) [Reserved]
      (b) [Reserved]

§ 281.39  -  Operator Training

      In order to be considered no less stringent than the corresponding federal requirements for operator training, the state must have an operator training program that meets the minimum requirements of § 9010 of the Solid Waste Disposal Act.

SUBPART D  -  ADEQUATE ENFORCEMENT OF COMPLIANCE

§ 281.40 - Requirements for Enforcement Authority

      (a) Any state agency administering a program must have the authority to implement the following remedies for violations of state program requirements:
      (1) To restrain immediately and effectively any person by order or by suit in state court from engaging in any unauthorized activity that is endangering or causing damage to public health or the environment;
      (2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement;
      (3) To assess or sue to recover in court civil penalties as follows:
      (i) Civil penalties for failure to notify or for submitting false information pursuant to tank notification requirements must be capable of being assessed up to $5,000 or more per violation.
      (ii) Civil penalties for failure to comply with any state requirements or standards for existing or new tank systems must be capable of being assessed for each instance of violation, up to $5,000 or more for each tank for each day of violation.  If the violation is continuous, civil penalties shall capable of being assessed up to $5,000 or more for each day of violation.
      (4) To prohibit the delivery, deposit, or acceptance of a regulated substance into an underground storage tank identified by the state to be ineligible for such delivery, deposit, or acceptance in accordance with § 9012 of the Solid Waste Disposal Act.
      (b) The burden of proof and degree of knowledge or intent required under state law for establishing violations under paragraph (a)(3) of this section, must be no greater than the burden of proof or degree of knowledge or intent that EPA must provide when it brings an action under Subtitle I of the Solid Waste Disposal Act.
      (c) A civil penalty assessed, sought, or agreed upon by the state enforcement agency(ies) under paragraph (a)(3) of this section must be appropriate to the violation.

§ 281.41 - Requirements for Enforcement Authority

      (a) Any state agency administering a program must have the authority to implement the following remedies for violations of state program requirements:
      (1) To restrain immediately and effectively any person by order or by suit in state court from engaging in any unauthorized activity that is endangering or causing damage to public health or the environment;
      (2) To sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of any program requirement;
      (3) To assess or sue to recover in court civil penalties as follows:
      (i) Civil penalties for failure to notify or for submitting false information pursuant to tank notification requirements must be capable of being assessed up to $5,000 or more per violation.
      (ii) Civil penalties for failure to comply with any state requirements or standards for existing or new tank systems must be capable of being assessed for each instance of violation, up to $5,000 or more for each tank for each day of violation.  If the violation is continuous, civil penalties shall capable of being assessed up to $5,000 or more for each day of violation.
      (b) The burden of proof and degree of knowledge or intent required under state law for establishing violations under paragraph (a)(3) of this section, must be no greater than the burden of proof or degree of knowledge or intent that EPA must provide when it brings an action under Subtitle I of the Solid Waste Disposal Act.
      (c) A civil penalty assessed, sought, or agreed upon by the state enforcement agency(ies) under paragraph (a)(3) of this section must be appropriate to the violation.

§ 281.42 - Requirements for Public Participation

      Any state administering a program must provide for public participation in the state enforcement process by providing any one of the following three options:
      (a) Authority that allows intervention analogous to Federal Rule 24(a)(2), and assurance by the appropriate state enforcement agency that it will not oppose intervention under the state analogue to Rule 24(a)(2) on the ground that the applicant's interest is adequately represented by the State.
      (b) Authority that allows intervention as of right in any civil action to obtain the remedies specified in 281.41 by any citizen having an interest that is or may be adversely affected; or
      (c) Assurance by the appropriate state agency that:
      (1) It will provide notice and opportunity for public comment on all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment);
      (2) It will investigate and provide responses to citizen complaints about violations; and
      (3) It will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.

§ 281.43 - Sharing of Information

(a) States with approved programs must furnish EPA, upon request, any information in state files obtained or used in the administration of the state program.  This information includes:
(1) Any information submitted to the state under a claim of confidentiality.  The state must submit that claim to EPA when providing such information.  Any information obtained from a state and subject to a claim of confidentiality will be treated in accordance with federal regulations in 40 CFR part 2; and
(2) Any information that is submitted to the state without a claim of confidentiality.  EPA may make this information available to the public without further notice.
(b) EPA must furnish to states with approved programs, upon request, any information in EPA files that the state needs to administer its approved state program.  Such information includes:
(1)Any information that is submitted to EPA without a claim of confidentiality; and
(2) Any information submitted to EPA under a claim of confidentiality, subject to the conditions in 40 CFR part 2.

SUBPART E - APPROVAL PROCEDURES

§ 281.50 - Approval Procedures for State Programs

      (a) The following procedures are required for all applications, regardless of whether the application is for a partial or complete program, as defined in § 281.12, or final approval in accordance with § 281.11.
      (b) Before submitting an application to EPA for approval of a state program, the state must provide an opportunity for public notice and comment in the development of its underground storage tank program.
      (c) When EPA receives a state program application, EPA will examine the application and notify the state whether its application is complete, in accordance with the application components required in § 281.20.  The 180-day statutory review period begins only after EPA has determined that a complete application has been received.
      (d) The state and EPA may by mutual agreement extend the review period.
      (e) After receipt of a complete program application, the Administrator will tentatively determine approval or disapproval of the state program.  EPA shall issue public notice of the tentative determination in the Federal Register; in enough of the largest newspapers in the state to attract statewide attention; and to persons on the state agency mailing list and any other persons who the agency has reason to believe are interested.  Notice of the tentative determination must also:
      (1) Afford the public 30 days after the notice to comment on the state's application and the Administrator's tentative determination; and
      (2) Include a general statement of the areas of concern, if the Administrator indicates the state program may not be approved; and
      (3) Note the availability for inspection by the public of the state program application; and
      (4) Indicate that a public hearing will be held by EPA no earlier than 30 days after notice of the tentative determination unless insufficient public interest is expressed, at which time the Regional Administrator may cancel the public hearing.
      (f) Within 180 days of receipt of a complete state program application, the Administrator must make a final determination whether to approve the state program after review of all public comments.  EPA will give notice of its determination in the Federal Register and codify the approved state program.  The notice must include a statement of the reasons for this determination and a response to significant comments received.

§ 281.51 - Revision of Approved State Programs

      (a) Either EPA or the approved state may initiate program revision.  Program revision may be necessary when the controlling federal or state statutory or regulatory authority is changed or when responsibility for the state program is shifted to a new agency or agencies.  The state must inform EPA of any proposed modifications to its basic statutory or regulatory authority or change in division of responsibility among state agencies.  EPA will determine in each case whether a revision of the approved program is required.  Approved state programs must submit a revised application within three years of any changes to this part that requires a program revision.
      (b) Whenever the Administrator has reason to believe that circumstances have changed with respect to an approved state program or the federal program, the Administrator may request, and the state must provide, a revised application as prescribed by EPA.
      (c) The Administrator will approve or disapprove program revisions based on the requirements of this part and of Subtitle I pursuant to the procedures under this section, or under § 281.50 if EPA has reason to believe the proposed revision will receive significant negative comment from the public.
      (1) The Administrator must issue public notice of planned approval or disapproval of a state program revision in the Federal Register; in enough of the largest newspapers in the state to attract statewide attention; and by mailing to persons on the state agency mailing list and to any other persons who the agency has reason to believe are interested.  The public notice must summarize the state program revision, indicate whether EPA intends to approve or disapprove the revision, and provide for an opportunity to comment for a period of 30 days.
      (2) The Administrator's decision on the proposed revision becomes effective 60 days after the date of publication in the Federal Register in accordance with paragraph (c)(1) of this section, unless significant negative comment opposing the proposed revision is received during the comment peri - od.  If significant negative comment is received, EPA must notify the state and within 60 days after the date of publication, publish in the Federal Register either:
        (i) A withdrawal of the immediate final decision, which will then be treated as a tentative decision in accordance with the applicable procedures of § 281.50(e) and (f); or
       (ii) A notice that contains a response to significant negative comments and affirms either that the immediate final decision takes effect or reverses the decision.
      (d) Revised state programs that receive approval must be codified in the Federal Register.

SUBPART F - WITHDRAWAL OF APPROVAL OF STATE PROGRAMS

§ 281.60 - Criteria for Withdrawal of Approval of State Programs

      The Administrator may withdraw program approval when the Agency determines that a state no longer has adequate regulatory or statutory authority or is not administering and enforcing an approved program in accordance with this part.  The state must have adequate capability to administer and enforce the state program.  In evaluating whether such capability exists, the Agency will consider whether the state is implementing an adequate enforcement program by evaluating the quality of compliance monitoring and enforcement actions.

§ 281.61 - Procedures for Withdrawal of Approval of State Programs

      (a) The following procedures apply when a state with an approved program voluntarily transfers to EPA those program responsibilities required by federal law.
      (1) The state must give EPA notice of the proposed transfer, and submit, at least 90 days before the transfer, a plan for the orderly transfer of all relevant program information necessary for EPA to administer the program.
      (2) Within 30 days of receiving the state's transfer plan, EPA must evaluate the plan and identify any additional information needed by the federal government for program administration.
      (3) At least 30 days before the transfer is to occur, EPA must publish notice of the transfer in the Federal Register; in enough of the largest newspapers in the state to attract statewide attention; and to persons on appropriate state mailing lists.
      (b) The following procedures apply when the Administrator considers withdrawing approval.
      (1) When EPA begins proceedings to determine whether to withdraw approval of a state program (either on its own initiative or in response to a petition from an interested person), withdrawal proceedings will be conducted in accordance with procedures set out in 40 CFR 271.23(b) and (c), except for § 271.23(b)(8)(iii) to the extent that it deviates from requirements under § 281.60.
      (2) If the state fails to take appropriate action within a reasonable time, not to exceed 120 days after notice from the Administrator that the state is not administering and enforcing its program in accordance with the requirements of this part, EPA will withdraw approval of the state's program.


MEMORANDUM

DATE:		November 3, 2014

TO:		Carbon Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Anna Phillips, EPA/OITA

SUBJECT:	November 3, 2014 Meeting Regarding Proposed Carbon Power Plan for Existing Power Plants
--------------------------------------------------------------------------------

SUMMARY

      A meeting was held between EPA and the attendees listed below on November 3, 2014 to discuss the proposed Carbon Power Plan for Existing Power Plants. The Carbon Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES

Ms. Rebecca Harms
President of the Greens/EFA
European Parliament

Anne Tiedemann
Parliamentary Assistant
European Parliament

Zuzana Gentner-Vavrova
European Parliament Liaison Office

Robert Whiteman
Senior Advisor
EU Delegation to the U.S.


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