(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 § 280.31(c); and

	(iv)  Cathodic protection systems are operated and maintained in accordance with § 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(R) Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks";

	(B)  Underwriters Laboratories Standard 1746, "Standard for 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 Recommended Practice RP 0285, "Corrosion Control of Underground Storage 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, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks";

	(B) Steel Tank Institute Specification F894, "ACT-100(R) Specification for External Corrosion Protection of FRP Composite Steel USTs";

	(C) Steel Tank Institute Specification F961, "ACT-100-U(R) Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks"; or

	(D) Steel Tank Institute Specification F922, "Steel Tank Institute Specification for Permatank(R)".

	(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; or

            (6)  The tank is secondarily contained.  Secondary containment must be periodically tested in accordance with § 280.36.  Secondarily contained tanks must meet the following:

            (i) Be able to contain regulated substances leaked from the primary containment until they are detected and removed; and

            (ii) Be able to prevent the release of regulated substances to the environment at any time during the operational life of the UST system.

            Note to paragraph (a)(6): The following codes of practice may be used to comply with paragraph (a)(6) of this section:

	(A) Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids";

	(B) Underwriters Laboratories Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures";

	(C) Underwriters Laboratories Standard 1746, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks";

	(D) Steel Tank Institute Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks"; or

	(E) Steel Tank Institute Specification F922, "Steel Tank Institute Specification for Permatank(R)".

	(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 in paragraphs (b)(1) through (b)(4) of this section.  In addition, except for suction piping that meets the requirements of 280.41(b)(1)(ii)(A) through (E) and piping associated with field-constructed tanks and airport hydrant fuel distribution systems, all new or replaced piping where installation began after [effective date of rule] must be secondarily contained in accordance with paragraph (b)(5) of this section.  The entire piping run must be replaced when 50 percent or more of a piping run is replaced.

	(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, "Standard for  Non-Metallic Underground Piping for Flammable Liquids"; or

	(B)  Underwriters Laboratories of Canada Standard S660, " Standard for Non-Metallic Underground Piping for Flammable 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 § 280.31(c); and

	(iv)  Cathodic protection systems are operated and maintained in accordance with § 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 Petroleum 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 Recommended Practice RP 0285, "Corrosion Control of Underground Storage 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; or

            (5) The piping is secondarily contained.  Secondary containment must be periodically tested in accordance with § 280.36.  Secondarily contained piping must meet the following:

            (i) Be able to contain regulated substances leaked from the primary containment until they are detected and removed; and

            (ii) Be able to prevent the release of regulated substances to the environment at any time during the operational life of the UST system.

            Note to paragraph (b)(5): The following codes of practice may be used to comply with paragraph (b)(5) of this section:

	(A) Underwriters Laboratories Standard 971, "Standard for Non-Metallic Underground Piping for Flammable Liquids"; or

	(B) Underwriters Laboratories Subject 971A, "Outline of Investigation for Metallic Underground Fuel Pipe".

	(c)  Spill and overfill prevention equipment.

	(1)  Except as provided in paragraphs (c)(2) and (c)(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 [effective date of rule].

	(4) Spill and overfill prevention equipment must be periodically tested in accordance with § 280.35.

	(d)  Installation.  All tanks and piping 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 § 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.

          (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 beneath 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 continuously monitored for leaks from the dispenser system.

§ 280.21  Upgrading of existing UST systems.
In accordance with subpart G of this part, owners and operators must permanently close any UST system that does not meet the new UST system performance standards in § 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 paragraph (e) of this section 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 § 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.

	(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 § 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 § 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 § 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 § 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 § 280.33; and

	(ii)  The cathodic protection system meets the requirements of § 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 Publication 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, "Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage 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 § 280.20(b)(2)(ii), (iii), and (iv).

	Note to paragraph (c):  The codes of practice listed in the note following § 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 new UST system spill and overfill prevention equipment requirements specified in § 280.20(c).

	(e) 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 on or before [effective date of rule] must meet the following requirements according to the time table in subpart A or be permanently closed pursuant to subpart G of this part.

	(1) Corrosion protection.  UST system components in contact with the ground that routinely contain regulated substances must meet one of the following:

	(i) The new UST system performance standards for tanks at § 280.20(a) and for piping at § 280.20(b); or

	(ii) Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory and meets the following:

	(A)  Cathodic protection must meet the requirements of § 280.20(a)(2)(ii), (iii) and (iv) for tanks, and § 280.20(b)(2)(ii), (iii), and (iv) for piping.

	(B)  Tanks greater than 10 years old without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection.  The assessment must be by internal inspection or another method determined by the implementing agency to adequately assess the tank for structural soundness and corrosion holes.

	Note to paragraph (e):  The following codes of practice may be used to comply with this paragraph:

	(A) NACE International Recommended Practice RP 0285, "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) National Leak Prevention Association Standard 631, "Entry, Cleaning, Interior Inspection, Repair, and Lining of Underground Storage Tanks"; or

	(D) American Society for Testing and Materials Standard G158, "Standard Guide for Three Methods of Assessing Buried Steel Tanks".

	(2) Spill and overfill prevention equipment.  To prevent spilling and overfilling associated with product transfer to the UST system, all previously deferred UST systems must comply with new UST system spill and overfill prevention equipment requirements specified in § 280.20(c).

§ 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.

	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 (50 FR 46602) 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 VI 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.

	(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 of this part.  If a state requires that its form be used in lieu of the form presented in Appendix I and Appendix II of this part, such form must, at a minimum, collect the information prescribed in Appendix I and Appendix II of this part.

	(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 § 280.20(e);

	(2)	Cathodic protection of steel tanks and piping under § 280.20(a) and (b);

	(3)	Financial responsibility under subpart H of this part; and

	(4)	Release detection under §§ 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 § 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.

	(h) Within 30 days of [Effective date of rule], all owners of previously deferred UST systems must submit a notice of tank system existence to the implementing agency, using the form in Appendix I of this part.

6. In § 280.30 revise the Note to read as follows:
§ 280.30  Spill and overfill control.

* * * * *

	Note:  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".

* * * * *

7. In § 280.31 revise the introductory text and the Note to read as follows:
§ 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 § 280.71:

* * * * *

	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 on Underground or Submerged Metallic 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 USTs";

	(D) NACE International Recommended Practice RP 0285, "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".

* * * * *

8. Amend § 280.32 to revise paragraph (a) and to add paragraphs (b) and (c) to read as follows:
§ 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 storing any regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance identified by the implementing agency, must use one or more of the following methods to demonstrate UST system compatibility with these regulated substances:

		(1) Certification or listing of UST system components by a nationally recognized, independent testing laboratory for use with the regulated substance stored;

		(2) 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 component is compatible with, and be from the equipment or component manufacturer; or

		(3) Another method determined by the implementing agency to be no less protective of human health and the environment than the methods listed in paragraphs (b)(1) or (b)(2) of this section.

	(c) Owners and operators must maintain the following records (in accordance with § 280.34) for the life of the equipment or component:

	(1) Documentation of compliance with paragraph (b) of this section, as applicable; and

		(2) Records of all equipment or components installed or replaced after [effective date of rule].  At a minimum, each record must include the date of installation or replacement, manufacturer, and model.

9. Revise § 280.33 to read as follows:
§ 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 fol - lowing 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, "Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair";

	(E) National Leak Prevention Association Standard 631, "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(R) Tanks";

	(G) NACE International Recommended Practice RP 0285, "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)  Repaired tanks and piping must be tightness tested in accordance with § 280.43(c) and § 280.44(b) within 30 days following the date of the completion of the repair except as provided in paragraphs (d)(1) through (4), 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 § 280.43(d) through (i);

	(3) UST systems with secondary containment must be tested as specified in § 280.36 within 30 days following the completion of any repair.  Tanks using interstitial sensors must be tested using a vacuum, pressure, or liquid method in accordance with one of the criteria listed in § 280.36(a)(1)(ii) following any repair; or

	(4)  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 above.

	(e)  Within 6 months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with § 280.31(b) and (c) to ensure that it is operating prop - erly.

	(f) Within 30 days following any repair to spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested in accordance with § 280.35 to ensure it is operating properly.

	(g)  UST system owners and operators must maintain records (in accordance with § 280.34) of each repair until the UST system is permanently closed or undergoes a change-in-service pursuant to § 280.71.

10. Revise § 280.34 to read as follows:
§ 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 (§ 280.22), which includes certification of installation for new UST systems (§ 280.20(e)) and notification when any person assumes ownership of an UST system (§ 280.22(b));

	(2)  Reports of all releases including suspected releases (§ 280.50), spills and overfills (§ 280.53), and confirmed releases (§ 280.61);

	(3)  Corrective actions planned or taken including initial abatement measures (§ 280.62), initial site characterization (§ 280.63), free product removal (§ 280.64), investigation of soil and ground-water cleanup (§ 280.65), and corrective action plan (§ 280.66); and

	(4)  A notification before permanent closure or change-in-service (§ 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 (§ 280.20(a)(4); § 280.20(b)(3)).

	(2)  Documentation of operation of corrosion protection equipment (§ 280.31(d));

	(3)  Documentation of compatibility for UST systems (§ 280.32(c));

	(4)  Records for all UST system equipment installed or replaced after [effective date of rule] (§ 280.32(c));

	(5)  Documentation of UST system repairs (§ 280.33(g));

	(6)  Documentation of compliance for spill and overfill prevention equipment (§ 280.35(c));

	(7)  Documentation of compliance for tanks, piping, and containment sumps using interstitial monitoring (§ 280.36(c));

	(8)  Documentation of periodic walkthrough inspections (§ 280.37(b));

	(9)  Recent compliance with release detection requirements (§ 280.45);

	(10)  Results of the site investigation conducted at permanent closure (§ 280.74); and

	(11) Documentation of operator training (§ 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 § 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 above.

11. Add § 280.35 to Subpart C to read as follows:
§ 280.35 Periodic testing of spill and overfill prevention equipment.

            (a) Owners and operators of UST systems with spill and overfill prevention equipment must meet the following 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) must prevent releases to the environment by meeting one of the following:

            (i) The spill prevention equipment has two walls and the space between the walls is monitored continuously to ensure the integrity of the inner and outer walls is maintained; or

            (ii) The spill prevention equipment is tested at installation and at least once every 12 months to ensure the spill prevention 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 testing 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; and

             (2) Overfill prevention equipment must be tested at installation and at least once every three years.  At a minimum, testing must ensure that overfill prevention equipment is set to activate at the correct level specified in § 280.20(c) and will activate when regulated substance reaches that level.  Testing must be conducted in accordance with one of the criteria in paragraph (a)(1)(ii) of this section.

            (b)  Owners and operators must begin meeting these requirements as follows:

            (1) For UST systems in use on or before [Effective date of rule]:

            (i) Not later than [One year after effective date of rule] for spill prevention equipment; and

            (ii) For overfill prevention equipment, not later than the phase-in schedule in the following table:

          Phase-In Schedule For Overfill Prevention Equipment Testing
                                   Criteria
                  Date By Which First Test Must Be Conducted
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]

            (2) For UST systems brought into use after [Effective date of rule], these requirements apply at installation.

            (c) Owners and operators must maintain the following records (in accordance with § 280.34) for spill and overfill prevention equipment:

            (1) All records of spill prevention equipment testing and overfill prevention equipment testing must be maintained for three years; and

            (2) For spill prevention equipment not tested every 12 months, documentation showing that the spill prevention equipment has two walls and is monitored continuously.  Owners and operators must maintain this documentation for as long as the spill prevention equipment is monitored continuously, and for three additional years after continuous monitoring ends.

12. Add § 280.36 to Subpart C to read as follows:
§ 280.36 Periodic testing of secondary containment.

            (a) Owners and operators of UST systems with secondary containment using interstitial monitoring must ensure the integrity of all interstitial areas (including all containment sumps used for interstitial monitoring).

            (1) Tanks must meet one of the following:

            (i) The interstitial space is continuously monitored; or

            (ii) The interstitial space is not continuously monitored and the integrity of the interstitial space is ensured at least once every three years 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 integrity testing 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) Piping must meet one of the following:

            (i) The interstitial space is continuously monitored using vacuum, pressure, or a liquid-filled interstitial space; or

            (ii) The interstitial space is monitored using an interstitial monitoring method not listed in paragraph (a)(2)(i) of this section and the integrity of the interstitial space is ensured at least once every three years by using vacuum, pressure, or liquid testing in accordance with one of the criteria listed in paragraph (a)(1)(ii) of this section; and

            (3) Containment sumps must meet one of the following:

            (i) The containment sump has two walls and the space between the walls is continuously monitored; or

            (ii) The containment sump is tested at least every three years to ensure the containment sump is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the criteria listed in paragraph (a)(1)(ii) of this section.

            (b) Owners and operators of UST systems using interstitial monitoring must begin meeting this requirement as follows:

            (1) For UST systems in use on or before [Effective date of rule], not later than the phase-in schedule in the following table:

                Phase-In Schedule For Interstitial Area Testing
                                   Criteria
                  Date By Which First Test Must Be Conducted
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]

            (2) For UST systems brought into use after [Effective date of rule], these requirements apply at installation.

            (c) Owners and operators must maintain the following records (in accordance with § 280.34) for the time frames indicated for each tank, piping, and containment sump that uses interstitial monitoring:

            (1) Records of interstitial space testing must be maintained for three years; or

            (2) As appropriate, records demonstrating: the tank is using continuous interstitial monitoring; the piping is using continuous interstitial monitoring with vacuum, pressure, liquid-filled interstitial space; and the containment sump has two walls and uses continuous interstitial monitoring.  Owners and operators must maintain these records for as long as the tank, piping, or containment sump uses one of these continuous methods of interstitial monitoring, and for three additional years after continuous monitoring ends.

	Note to paragraphs (a)(1)(ii), (a)(2)(ii), and (a)(3)(ii): The following codes of practice may be used to comply with paragraphs (a)(1)(ii), (a)(2)(ii), and (a)(3)(ii) 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".

13. Add § 280.37 to Subpart C to read as follows:
§ 280.37 Periodic operation and maintenance walkthrough inspections.

	(a) To properly operate and maintain UST systems, owners and operators must meet one of the following:

	(1) Conduct a walkthrough inspection at least once every 30 days that, at a minimum and as appropriate to the facility, checks the following equipment as specified:

	(i) Spill prevention equipment - open and visually check for any damage; remove any liquid or debris; check each fill cap to make sure it is securely on the fill pipe; and for spill prevention equipment with continuous interstitial monitoring, check for a leak in the interstitial area,

	(ii) Sumps - open and visually check for any damage, leaks to the containment area, or releases to the environment; remove any liquid (in contained sumps) or debris; and for sumps with continuous interstitial monitoring, check for a leak in the interstitial area,

	(iii) Dispenser cabinets - open and visually check for any damage, leaks to the containment area, or releases to the environment; remove any liquid (in dispensers with under-dispenser containment) or debris; and for under-dispenser containment with continuous interstitial monitoring, check for a leak in the interstitial area,

	(iv) Monitoring/observation wells - check covers to make sure they are secured,

	(v) Cathodic protection - check to make sure impressed current cathodic protection rectifiers are on and operating; and ensure records of three year cathodic protection testing and 60 day impressed current system inspections are reviewed and current, and

	(vi) Release detection systems - check to make sure the release detection system is on and operating with no alarms or other unusual operating conditions present; check any devices such as tank gauge sticks, groundwater bailers, and hand-held vapor monitoring devices for operability and serviceability; and ensure records of release detection testing are reviewed monthly and current; or

	(2) Conduct operation and maintenance walkthrough inspections at least once every 30 days according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that are comparable to (a)(1) of this section; or

	(3) Conduct operation and maintenance walkthrough inspections developed by the implementing agency that are comparable to paragraph (a)(1) of this section.

	(b) Owners and operators must maintain records (in accordance with § 280.34) of operation and maintenance walkthrough inspections for one year.  The record must include a listing of each area checked, whether each area checked was acceptable or needed to have any action taken, and a description of any actions taken to correct an issue.

	Note to paragraph (a)(2): the following code of practice may be used to comply with paragraph (a)(2) of this section:

	(A) Petroleum Equipment Institute Recommended Practice RP 900, "Recommended Practices for the Inspection and Maintenance of UST Systems".

14. Revise Subpart D to read as follows:
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.
280.46 Alternative methods of release detection for field-constructed tanks.
280.47 Alternative methods of release detection for bulk piping.

Subpart D -- Release Detection
§ 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 [One year after effective date of rule], 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 developed by the implementing agency.  A test of the proper operation must be performed at least annually and, at a minimum and 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, bends, and breaks; test alarm operability and communication with controller;

	(iii)  Line leak detector: test operation to meet criteria in § 280.44(a) by simulating a leak; inspect leak sensing o-ring; and

	(iv) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller.

	(4)  Meets the performance requirements in § 280.43, § 280.44, § 280.46, or § 280.47, 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 § 280.43(b); § 280.43(c); § 280.43(d); § 280.43(h); § 280.43(i);§ 280.44(a); § 280.44(b); §280.46; and § 280.47, 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 § 280.43, § 280.44, § 280.46, or § 280.47 indicates a release may have occurred, owners and operators must notify the implementing agency in accordance with subpart E.

		(c)  Owners and operators of Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and wastewater treatment tank systems must comply with the release detection requirements of this Subpart according to the following table:

Schedule for Phase-in of Release Detection for Airport Hydrant Fuel Distribution Systems, UST Systems with Field-Constructed Tanks, and Wastewater Treatment Tank Systems
Type of UST System
Time Frame (after [effective date of rule ])
Description of Requirement
Bulk piping associated with airport hydrant fuel distribution systems and field-constructed tanks using § 280.47(a) for piping release detection

Within three years

Conduct one bulk piping tightness test according to § 280.47(a) using the maximum detectable leak rates for semiannual testing.  For bulk piping segments not capable of meeting the up to 3.0 gallon per hour leak rate, owners and operators may use a leak rate of up to 6.0 gallons per hour.

Between years three and six

Between years six and seven
Conduct one bulk piping tightness test according to § 280.47(a) using the maximum detectable leak rates for semiannual testing.

After year seven
Conduct bulk piping tightness testing according to § 280.47(a).
Bulk piping associated with airport hydrant fuel distribution systems and field-constructed tanks not using § 280.47(a) for piping release detection
Within three years
Perform release detection according to this subpart.
Underground tanks associated with hydrant fuel distribution systems and field-constructed tanks
Within three years
Perform release detection according to this subpart.
Wastewater treatment tank systems
Within three years
Perform release detection according to this subpart.

	(d)  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.  For previously deferred UST systems described in subpart A, this requirement applies after the effective date for subpart D described in § 280.10(a)(1).

§ 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 [effective date of rule] must be monitored for releases at least every 30 days using one of the methods listed in  § 280.43(d) through (i) except that:

	(i)  UST systems that meet the performance standards in § 280.20 or § 280.21, and the monthly inventory control requirements in § 280.43(a) or (b), may use tank tightness testing (conducted in accordance with § 280.43(c)) at least every 5 years until 10 years after the tank was installed or upgraded under § 280.21(b), whichever is later;

	(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 § 280.43(b) may use manual tank gauging (conducted in accordance with § 280.43(b));

	(iii)  Field-constructed tanks greater than 50,000 gallons may use the alternative release detection requirements in § 280.46; and

	(iv)  Tanks using § 280.43(e) or § 280.43(f) to monitor for releases, must begin using one of the methods listed in § 280.43(d), (g), (h) or (i) not later than [Five years after effective date of rule].

	(2) Tanks installed after [effective date of rule] must be monitored for releases at least every 30 days in accordance with § 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:

	(1) Piping installed on or before [effective date of rule] must meet one of the following:

	(i)  Pressurized piping.  Underground piping that conveys regulated substances under pressure must:

	(A)  Be equipped with an automatic line leak detector conducted in accordance with § 280.44(a); and

	(B)  Have an annual line tightness test conducted in accordance with § 280.44(b) or have monthly monitoring conducted in accordance with § 280.44(c).

	(ii) Suction piping.  Underground piping that conveys regulated substances under suction must either have a line tightness test conducted at least every 3 years and in accordance with § 280.44(b), or use a monthly monitoring method conducted in accordance with § 280.44(c).  No release detection is required for suction piping that is designed and constructed to meet the following standards:

	(A)  The below-grade piping operates at less than atmospheric pressure;

	(B)  The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

	(C)  Only one check valve is included in each suction line;

	(D)  The check valve is located directly below and as close as practical to the suction pump; and

	(E)  A method is provided that allows compliance with paragraphs (b)(2)(ii)-(iv) of this section to be readily determined.

	(iii)  Bulk piping.  Underground piping associated with airport hydrant fuel distribution systems and field-constructed tanks must meet one of the following release detection requirements:

	(A) The requirements in paragraphs (b)(1)(i) or (ii) of this section; or

	(B) The alternative release detection requirements in § 280.47.

	(2) Piping installed or replaced after [effective date of rule] must meet one of the following:

	(i) Pressurized piping must be monitored for releases at least every 30 days in accordance with § 280.43(g) and be equipped with an automatic line leak detector in accordance with § 280.44(a)

	(ii) Suction piping must be monitored for releases at least every 30 days in accordance with § 280.43(g).  No release detection is required for suction piping that meets paragraphs (b)(1)(ii)(A) through (E) of this section.

	(iii) Underground bulk piping associated with airport hydrant fuel distribution systems and field-constructed tanks must meet the requirements in paragraph (b)(1) of this section.

§ 280.42  Requirements for hazardous substance UST systems.

	Owners and operators of hazardous substance UST systems must provide containment that meets the following requirements and monitor these systems using § 280.43(g) at least every 30 days:

	(a)  Secondary containment systems must be designed, constructed and installed to:

	(1)  Contain regulated substances leaked from the primary containment until they are detected and removed;

	(2)  Prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and

	(3) Be checked for evidence of a release at least every 30 days.
	Note to paragraph (a):  The provisions of 40 CFR 265.193, Containment and Detection of Releases, may be used to comply with these requirements for tanks installed on or before [effective date of rule].

	(b)  Double-walled tanks must be designed, constructed, and installed to:

	(1)  Contain a release from any portion of the inner tank within the outer wall; and

	(2)  Detect the failure of the inner wall.

	(c)  External liners (including vaults) must be designed, constructed, and installed to:

	(1)  Contain 100 percent of the capacity of the largest tank within its boundary;

	(2)  Prevent the interference of precipitation or ground-water intrusion with the ability to contain or detect a release of regulated substances; and

	(3)  Surround the tank completely (i.e., it is capable of preventing lateral as well as vertical migration of regulated substances).

	(d)  Underground piping must be equipped with secondary containment that satisfies the requirements of this section (e.g., trench liners, double-walled pipe).  In addition, underground piping that conveys regulated substances under pressure must be equipped with an automatic line leak detector in accordance with § 280.44(a).

	(e)  For hazardous substance UST systems installed on or before [Effective date of rule] other methods of release detection may be used if owners and operators:

	(1)  Demonstrate to the implementing agency that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in §§ 280.43(b) through (i) can detect a release of petroleum;

	(2)  Provide information to the implementing agency on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance, and the characteristics of the UST site; and,

	(3)  Obtain approval from the implementing agency to use the alternate release detection method before the installation and operation of the new UST system.

§ 280.43  Methods of release detection for tanks.

	Each method of release detection for tanks used to meet the requirements of § 280.41, except field-constructed tanks installed on or before [Effective date of rule] with capacities greater than 50,000 gallons that meet § 280.46, must be conducted in accordance with the following:

	(a)  Inventory control.  Product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0 percent of flow-through plus 130 gallons on a monthly basis in the following manner:

	(1)  Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day;

	(2)  The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch;

	(3)  The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;

	(4)  Deliveries are made through a drop tube that extends to within one foot of the tank bottom;

	(5)  Product dispensing is metered and recorded within the local standards for meter calibration or an accuracy of 6 cubic inches for every 5 gallons of product withdrawn; and

	(6)  The measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month.

	Note to paragraph (a):  Practices described in the American Petroleum Institute Recommended Practice RP 1621, "Bulk Liquid Stock Control at Retail Outlets" may be used, where applicable, as guidance in meeting the requirements of this paragraph.

	(b)  Manual tank gauging.  Manual tank gauging must meet the following requirements:

	(1)  Tank liquid level measurements are taken at the beginning and ending of a period of at least 36 hours during which no liquid is added to or removed from the tank;

	(2)  Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;

	(3)  The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch;

	(4)  A release is suspected and subject to the requirements of subpart E if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

                             Nominal Tank Capacity
                           Minimum Duration Of Test
                          Weekly Standard (One Test)
                     Monthly Standard (Four Test Average)
550 gallons or less
                                   36 hours
                                  10 gallons
                                   5 gallons
551-1,000 gallons
(when tank diameter is 64")
                                   44 hours
                                   9 gallons
                                   4 gallons
551-1,000 gallons
(when tank diameter is 48")
                                   58 hours
                                  12 gallons
                                   6 gallons
551-1,000 gallons
(also requires periodic
tank tightness testing)
                                   36 hours
                                  13 gallons
                                   7 gallons
1,001-2,000 gallons
(also requires periodic
tank tightness testing)
                                   36 hours
                                  26 gallons
                                  13 gallons

	(5)  Tanks of 550 gallons or less nominal capacity and tanks with a nominal capacity of 551 to 1,000 gallons that meet the tank diameter criteria in the table in paragraph (b)(4) of this section may use this as the sole method of release detection.  All other tanks with a nominal capacity of 551 to 2,000 gallons may use the method in place of inventory control in § 280.43(a).  Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet the requirements of this Subpart.

	(c)  Tank tightness testing.  Tank tightness testing (or another test of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

	(d)  Automatic tank gauging.  Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet the following requirements:

	(1)  The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product; and

	(2)  The test must be performed with the system operating in one of the following modes:

	(i) In-tank static testing conducted on a periodic basis; or

	(ii) Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every 30 days.

	(e)  Vapor monitoring.  Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements:

	(1)  The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow diffusion of vapors from releases into the excavation area;

	(2)  The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank;

	(3)  The measurement of vapors by the monitoring device is not rendered inoperative by the ground water, rainfall, or soil moisture or other known interferences so that a release could go undetected for more than 30 days;

	(4)  The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank;

	(5)  The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component or components of that substance, or a tracer compound placed in the tank system;

	(6)  In the UST excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (e)(1) through (4) of this section and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product; and

	(7)  Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

	(f)  Ground-water monitoring.  Testing or monitoring for liquids on the ground water must meet the following requirements:

	(1)  The regulated substance stored is immiscible in water and has a specific gravity of less than one;

	(2)  Ground water is never more than 20 feet from the ground surface and the hydraulic conductivity of the soil(s) between the UST system and the monitoring wells or devices is not less than 0.01 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials);

	(3)  The slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low ground-water conditions;

	(4)  Monitoring wells shall be sealed from the ground surface to the top of the filter pack;

	(5)  Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible;

	(6)  The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth of an inch of free product on top of the ground water in the monitoring wells;

	(7)  Within and immediately below the UST system excavation zone, the site is assessed to ensure compliance with the requirements in paragraphs (f)(1) through (5) of this section and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product; and

	(8)  Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

	(g)  Interstitial monitoring.  Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements:

	(1)  For double-walled UST systems, the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product;

	(2)  For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the UST system and the secondary barrier;

	(i)  The secondary barrier around or beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable (at least 10-6 cm/sec for the regulated substance stored) to direct a release to the monitoring point and permit its detection;

	(ii)  The barrier is compatible with the regulated substance stored so that a release from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;

	(iii)  For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system;

	(iv)  The ground water, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;

	(v)  The site is assessed to ensure that the secondary barrier is always above the ground water and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions; and,

	(vi)  Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

	(3)  For tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

	(4)  For UST systems using continuous vacuum, pressure, or liquid-filled methods of interstitial monitoring, the method must be capable of detecting a breach in both the inner and outer walls of the tank and/or piping.

	(h)  Statistical inventory reconciliation.  Statistically based testing or monitoring methods must meet the following requirements:

	(1)  Report a quantitative result with a calculated leak rate;

	(2)  Be capable of detecting a leak rate of 0.2 gallon per hour; and

	(3)  Use a threshold that does not exceed one-half the minimum detectible leak rate.

	(i)  Other methods.  Any other type of release detection method, or combination of methods, can be used if:

	(1)  It can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05; or

	(2) The implementing agency may approve another method if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (c) through (h) of this section.  In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected.  If the method is approved, the owner and operator must comply with any conditions imposed by the implementing agency on its use to ensure the protection of human health and the environment.

§ 280.44  Methods of release detection for piping.

	Each method of release detection for piping used to meet the requirements of § 280.41, except bulk piping that meets § 280.47, must be conducted in accordance with the following:

	(a)  Automatic line leak detectors.  Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour.  An annual test of the operation of the leak detector must be conducted in accordance with § 280.40(a)(3).

	(b)  Line tightness testing.  A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure.

	(c)  Applicable tank methods.  Except as described in § 280.41(a), any of the methods in § 280.43(e) through (i) may be used if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

§ 280.45  Release detection recordkeeping.

	All UST system owners and operators must maintain records in accordance with § 280.34 demonstrating compliance with all applicable requirements of this subpart.  These records must include the following:

	(a)  All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for 5 years, or for another reasonable period of time determined by the implementing agency, from the date of installation;

	(b)  The results of any sampling, testing, or monitoring must be maintained for at least 1 year, or for another reasonable period of time determined by the implementing agency, except as follows:

	(1)  The results of annual operation tests conducted in accordance with § 280.40(a)(3) must be maintained for three years.  At a minimum, the results must list each component tested, indicate whether each component tested meets criteria in § 280.40(a)(3) or needs to have action taken, and describe any action taken to correct an issue; and

	(2) The results of tank tightness testing or bulk tank tightness testing conducted in accordance with § 280.43(c) or § 280.46 must be retained until the next test is conducted; and

	(c)  Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site must be maintained for at least one year after the servicing work is completed, or for another reasonable time period determined by the implementing agency.  Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer must be retained for 5 years from the date of installation.

§ 280.46  Alternative methods of release detection for field-constructed tanks.

	Owners and operators of field-constructed tanks with a capacity greater than 50,000 gallons may use one or a combination of the following alternative methods of release detection:

	(a)  Conduct an annual bulk tank tightness test that can detect a 0.5 gallon per hour leak rate;

	(b)  Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour.  This method must be combined with a bulk tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years;

	(c)  Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour.  This method must be combined with a bulk tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years; or

	(d)  Another method approved by the implementing agency if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (a) through (c) of this section.  In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability of detection.  If the method is approved, the owner and operator must comply with any conditions imposed by the implementing agency on its use.

§ 280.47  Alternative methods of release detection for bulk piping.

	Owners and operators of underground piping associated with airport hydrant fuel distribution systems and field-constructed tanks may use one or a combination of the following alternative methods of release detection:

	(a)  Perform a semiannual or annual bulk line tightness test at or above operating pressure in accordance with the table below.  Bulk piping segments >= 100,000 gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the schedule in §280.40(c):

                         Maximum Detectable Leak Rate
                            Per Test Section Volume
                              Test Section Volume
                                   (Gallons)
                                Semiannual Test
                Maximum Detectable Leak Rate (Gallons Per Hour)
                                  Annual Test
                Maximum Detectable Leak Rate (Gallons Per Hour)
                                  < 50,000
                                      1.0
                                      0.5
                           >= 50,000 to < 75,000
                                      1.5
                                     0.75
                          >= 75,000 to < 100,000
                                      2.0
                                      1.0
                                  >= 100,000
                                      3.0
                                      1.5

	(b)  Perform continuous interstitial monitoring designed to detect a release from any portion of the underground piping that routinely contains product in accordance with §280.43(g);

	(c)  Use an automatic line leak detector that alerts the operator to the presence of a leak by restricting or shutting off flow of regulated substances through piping or triggering an audible or visual alarm.  This method may be used only if it can detect a leak of three gallons per hour at 10 pounds per square inch line pressure within one hour or equivalent.  When using this method, the following must also be met:

	(1)  Perform interstitial monitoring, designed to detect a release from any portion of the underground piping that routinely contains product, in accordance with § 280.43(g) at least every three months; and

	(2)  Conduct an annual test of the operation of the leak detector in accordance with § 280.40(a)(3); or

	(d)  Another method approved by the implementing agency if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in paragraphs (a) through (c) of this section.  In comparing methods, the implementing agency shall consider the size of release that the method can detect and the frequency and reliability of detection.  If the method is approved, the owner and operator must comply with any conditions imposed by the implementing agency on its use.

15. In § 280.50 revise paragraphs (b) and (c) to read as follows:
§ 280.50  Reporting of suspected releases.

* * * * *

	(b)  Unusual operating conditions observed by owners and operators (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, an unexplained presence of water in the tank, or water or product in the interstitial space of secondarily contained systems), unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced.

	(c)	Monitoring results, including alarms, from a release detection method required under § 280.41 and § 280.42 that indicate a release may have occurred unless:

	(1)  The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; or

	(2)  In the case of inventory control, a second month of data does not confirm the initial result.

16. In § 280.52 revise paragraph (a) to read as follows:
§ 280.52  Release investigation and confirmation steps.

* * * * *

	(a)  System test.  Owners and operators must conduct tests (according to the requirements for tightness testing in § 280.43(c) and § 280.44(b) or, for UST systems with secondary containment and interstitial monitoring, the integrity testing specified in § 280.36) that determine whether a leak exists in that portion of the tank that routinely contains product, the attached delivery piping, or a breach of the interstitial space.

	(1)  If the system test confirms a leak, owners and operators must repair, replace, upgrade, or close the UST system.  In addition, owners and operators must begin corrective action in accordance with subpart F if the test results for the system, tank, or delivery piping indicate that a release exists.

	(2)  Further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release.

	(3)  Owners and operators must conduct a site check as described in paragraph (b) of this section if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release.

* * * * *

* * * * *

* * * * *

17. In § 280.71 revise the Note at the end of the section read as follows:
§ 280.71  Permanent closure and changes-in-service.

* * * * *

	[Note:  The following cleaning and closure procedures may be used to comply with this section:

	(A)  American Petroleum Institute Recommended Practice RP 1604, "Closure of Underground Petroleum Storage Tanks";

	(B)  American Petroleum Institute Standard 2015, "Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks";

	(C)  American Petroleum Institute Recommended Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks";

	(D)  American Petroleum Institute Recommended Practice RP 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks," may be used as guidance for compliance with this section;

	(E) National Fire Protection Association Standard 326, "Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair"; and

	(F)  The National Institute for Occupational Safety and Health Publication 80-106, "Criteria for a Recommended Standard...Working in Confined Space" may be used as guidance for conducting safe closure procedures at some hazardous substance tanks.]

* * * * *

18. Revise § 280.90 to read as follows:
§ 280.90  Applicability.
	(a) This subpart applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section.

	(b) Owners and operators of petroleum UST systems are subject to these requirements in accordance with § 280.91.

	(c) State and Federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of this subpart.

	(d) The requirements of this subpart do not apply to owners and operators of any UST system described in § 280.10 (b), (c)(2) or (c)(3).

	(e) If the owner and operator of a petroleum underground storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.

19. Revise § 280.91 to read as follows:
§ 280.91  Compliance dates.

 	Owners of petroleum underground storage tanks must comply with the requirements of this subpart.  Previously deferred UST systems must comply with the requirements of this subpart according to the schedule in § 280.10.

20. In § 280.92 revise the definitions "Accidental release," "Financial reporting year," and "Provider of financial assurance"  to read as follows:
§ 280.92  Definition of terms.

* * * * *

	Accidental release means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator.

* * * * *

	Financial reporting year means the latest consecutive twelve-month period for which any of the following reports used to support a financial test is prepared:

	(1) a 10-K report submitted to the SEC;
	(2) an annual report of tangible net worth submitted to Dun and Bradstreet; or
	(3) annual reports submitted to the Energy Information Administration or the Rural Utilities Service.

	"Financial reporting year" may thus comprise a fiscal or a calendar year period.

* * * * *

	Provider of financial assurance means an entity that provides financial assurance to an owner or operator of an underground storage tank through one of the mechanisms listed in §§ 280.95-280.107, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, issuer of a state-required mechanism, or a state.

* * * * *

21. Revise § 280.94 paragraph (a) (1) to read as follows:
§ 280.94  Allowable mechanisms and combinations of mechanisms.

	(a) * * *

	(1) An owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in §§ 280.95 through 280.107 to demonstrate financial responsibility under this subpart for one or more underground storage tanks; and

* * * * *

22. In § 280.95 revise paragraph s(b)(1)(ii), (b)(4)(i), (c)(5) introductory text, (c)(5)(i) and (d) to read as follows:
§ 280.95  Financial test of self-insurance.

* * * * *

	(b) * * *

	(1) * * *

	(ii) The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and amount of liability coverage for which a financial test is used to demonstrate financial responsibility to EPA under 40 CFR 264.101, 264.143, 264.145, 265.143, 265.145, 264.147, and 265.147 or to a state implementing agency under a state program authorized by EPA under 40 CFR part 271; and

	(4) * * *

	(i) File financial statements annually with the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Utilities Service; or

* * * * *

	(c) * * *

	(5) If the financial statements of the owner or operator, and/or guarantor, are not submitted annually to the U.S. Securities and Exchange Commission, the Energy Information Administration or the Rural Utilities Service, the owner or operator, and/or guarantor, must obtain a special report by an independent certified public accountant stating that:

	(i) He has compared the data that the letter from the chief financial officer specifies as having been derived from the latest year-end financial statements of the owner or operator, and/or guarantor, with the amounts in such financial statements; and

* * * * *

	(d) To demonstrate that it meets the financial test under paragraph (b) or (c) of this section, the chief financial officer of the owner or operator, or guarantor, must sign, within 120 days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support the financial test are prepared, 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 the owner or operator, or guarantor]. This letter is in support of the use of [insert: "the financial test of self-insurance," and/or "guarantee"] 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 financial test or a financial test under an authorized State program by this [insert: "owner or operator," and/or "guarantor"]: [List for each facility: the name and address of the facility where tanks assured by this financial test are located, and whether tanks are assured by this financial test or a financial test under a State program approved under 40 CFR part 281. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test or a financial test under a State program authorized under 40 CFR part 281 by the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22 or the corresponding State requirements.]
    A [insert: "financial test," and/or "guarantee"] is also used by this [insert: "owner or operator," or "guarantor"] to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 CFR parts 271 and 145:

                     EPA Regulations                   		 Amount

Closure (§§  264.143 and 265.143)..............................     	$______
Post-Closure Care (§§ 264.145 and 265.145)..............     	$______
Liability Coverage (§§ 264.147 and 265.147)...........     	$______
Corrective Action (§§ 264.101(b))..............................	$______
Plugging and Abandonment (§ 144.63).......................      	$______
Closure.........................................................................	$______
Post-Closure Care........................................................	$______
Liability Coverage......................................................	$______
Corrective Action........................................................	$______
Plugging and Abandonment........................................	$______
    Total........................................................................	$______

    This [insert: "owner or operator," or "guarantor"] has not received an adverse opinion, a disclaimer of opinion, or a "going concern" qualification from an independent auditor on his financial statements for the latest completed fiscal year.
    [Fill in the information for Alternative I if the criteria of paragraph (b) of § 280.95 are being used to demonstrate compliance with the financial test requirements. Fill in the information for Alternative II if the criteria of paragraph (c) of § 280.95 are being used to demonstrate compliance with the financial test requirements.]

                              Alternative I
  1.    Amount of annual UST aggregate coverage being          	$______
         assured by a financial test, and/or guarantee
  2.    Amount of corrective action, closure and post-          	$______
         closure care costs, liability coverage, and
         plugging and abandonment costs covered by a
         financial test, and/or guarantee
  3.    Sum of lines 1 and 2                                    		$______
  4.    Total tangible assets                                  			$______
  5.    Total liabilities [if any of the amount reported        		$______
         on line 3 is included in total liabilities, you
         may deduct that amount from this line and add that
         amount to line 6]
  6.    Tangible net worth [subtract line 5 from line 4]        	$______

                                                                  			Yes No
  7.    Is line 6 at least $10 million?                           		___ __
  8.    Is line 6 at least 10 times line 3?                       		___ __
  9.    Have financial statements for the latest fiscal          		___ __
         year been filed with the Securities and
         Exchange Commission?
 10.   Have financial statements for the latest fiscal     	      	___ __
         year been filed with the Energy Information
         Administration?
 11.   Have financial statements for the latest                 		___ __
         fiscal year been filed with the Rural
         Utilities Service?
 12.   Has financial information been provided to Dun            	___ __
         and Bradstreet, and has Dun and Bradstreet
         provided a financial strength rating of 4A or
         5A? [Answer "Yes" only if both criteria have
         been met.]

                             Alternative II
  1.   Amount of annual UST aggregate coverage being          	$______
        assured by a test, and/or guarantee
  2.   Amount of corrective action, closure and post-         		$______
        closure care costs, liability coverage, and
        plugging and abandonment costs covered by a
        financial test, and/or guarantee
  3.   Sum of lines 1 and 2                                   			$______
  4.   Total tangible assets                                  			$______
  5.   Total liabilities [if any of the amount                		$______
         reported on line 3 is included in total
         liabilities, you may deduct that amount from
         this line and add that amount to line 6]
  6.   Tangible net worth [subtract line 5 from line 4]       		$______

  7.   Total assets in the U.S. [required only if less        		$______
         than 90 percent of assets are located in the U.S.]

                                              				Yes No
  8.    Is line 6 at least $10 million?                          		___ __
  9.    Is line 6 at least 6 times line 3?                        		___ __
 10.   Are at least 90 percent of assets located in              		___ __
         the U.S.? [If "No," complete line 11.]
 11.   Is line 7 at least 6 times line 3?                        		___ __
         [Fill in either lines 12-15 or lines 16-18:]
 12.   Current assets                                         			$______
 13.   Current liabilities                                   	 		$______
 14.   Net working capital [subtract line 13 from line 12]   	$______

                                                                		    	Yes No
 15.   Is line 14 at least 6 times line 3?        		         	___ __
 16.   Current bond rating of most recent bond issue            	___ __
 17.   Name of rating service                                   		___ __
 18.   Date of maturity of bond                                 		___ __
 19.   Have financial statements for the latest fiscal          		___ __
         year been filed with the SEC, the Energy
         Information Administration, or the Rural
         Utilities Service?

    [If "No," please attach a report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines 4-18 above and the financial statements for the latest fiscal year.]
    [For both Alternative I and Alternative II complete the certification with this statement.]
    I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR part 280.95(d) as such regulations were constituted on the date shown immediately below.
    [Signature]
    [Name]
    [Title]
    [Date]

* * * * *

23. In § 280.96 revise paragraphs (b), (c)(3), and (d) to read as follows:
§ 280.96  Guarantee.

* * * * *

	(b) Within 120 days of the close of each financial reporting year the guarantor must demonstrate that it meets the financial test criteria of § 280.95 based on year-end financial statements for the latest completed financial reporting year by completing the letter from the chief financial officer described in § 280.95(d) and must deliver the letter to the owner or operator. If the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year, within 120 days of the end of that financial reporting year the guarantor shall send by certified mail, before cancellation or nonrenewal of the guarantee, notice to the owner or operator. If the Director of the implementing agency notifies the guarantor that he no longer meets the requirements of the financial test of § 280.95 (b) or (c) and (d), the guarantor must notify the owner or operator within 10 days of receiving such notification from the Director. In both cases, 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).

	(c) * * *

    (3) [Insert appropriate phrase: "On behalf of our subsidiary" (if guarantor is corporate parent of the owner or operator); "On behalf of our affiliate" (if guarantor is a related firm of the owner or operator); or "Incident to our business relationship with" (if guarantor is providing the guarantee as an incident to a substantial business relationship with owner or operator)] [owner or operator], guarantor guarantees to [implementing agency] and to any and all third parties that:
    In the event that [owner or operator] fails to provide alternative coverage within 60 days after receipt of a notice of cancellation of this guarantee and the [Director of the implementing agency] has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the guarantor, upon instructions from the [Director], shall fund a standby trust fund in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.
    In the event that the [Director] determines that [owner or operator] has failed to perform corrective action for releases arising out of the operation of the above-identified tank(s) in accordance with 40 CFR part 280, subpart F, the guarantor upon written instructions from the [Director] shall fund a standby trust in accordance with the provisions of 40 CFR 280.112, in an amount not to exceed the coverage limits specified above.
    If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor, upon written instructions from the [Director], shall fund a standby trust in accordance with the provisions of 40 CFR 280.112 to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

* * * * *

	(d) An owner or operator who uses a guarantee to satisfy the requirements of § 280.93 must establish a standby trust fund when the guarantee is obtained. Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in accordance with instructions from the Director of the implementing agency under § 280.112. This standby trust fund must meet the requirements specified in § 280.103.

24. In § 280.97 revise paragraph (a) to read as follows:
§ 280.97  Insurance and risk retention group coverage.

	(a) An owner or operator may satisfy the requirements of § 280.93 by obtaining liability insurance that conforms to the requirements of this section from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

* * * * *

25. In § 280.98 revise paragraphs (b) and (d) to read as follows:
§ 280.98  Surety bond.

* * * * *

	(b) The surety bond must be worded as follows, except that instructions in brackets must be replaced with the relevant information and the brackets deleted:

                            Performance Bond

Date bond executed:________________________________________________________
Period of coverage:_________________________________________________________
Principal: [legal name and business address of owner or operator]
________________________________________________________________________
Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"]
________________________________________________________________________
State of incorporation (if applicable):
________________________________________________________________________
Surety(ies): [name(s) and business address(es)]
________________________________________________________________________
Scope of Coverage: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility. List the coverage guaranteed by the bond: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases" "arising from operating the underground storage Tank"].

Penal sums of bond:
Per occurrence $________________________________________________________
Annual aggregate $______________________________________________________
Surety's bond number:____________________________________________________

    Know All Persons by These Presents, that we, the Principal and Surety(ies), hereto are firmly bound to [the implementing agency], in the above penal sums for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sums jointly and severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sums.
    Whereas said Principal is required under Subtitle I of the Solid Waste Disposal Act, as amended, to provide financial assurance for [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"; if coverage is different for different tanks or locations, indicate the type of coverage applicable to each tank or location] arising from operating the underground storage tanks identified above, and
    Whereas said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
    Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully ["take corrective action, in accordance with 40 CFR part 280, subpart F and the Director of the state implementing agency's instructions for," and/or "compensate injured third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] arising from operating the tank(s) indentified above, or if the Principal shall provide alternate financial assurance, as specified in 40 CFR part 280, subpart H, within 120 days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.
    Such obligation does not apply to any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator];
    (c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;
    (e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.
    The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
    Upon notification by [the Director of the implementing agency] that the Principal has failed to ["take corrective action, in accordance with 40 CFR part 280, subpart F and the Director's instructions," and/or "compensate injured third parties"] as guaranteed by this bond, the Surety(ies) shall either perform ["corrective action in accordance with 40 CFR part 280 and the Director's instructions," and/or "third-party liability compensation"] or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as directed by [the Regional Administrator or the Director] under 40 CFR 280.112.
    Upon notification by [the Director] that the Principal has failed to provide alternate financial assurance within 60 days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that [the Director] has determined or suspects that a release has occurred, the Surety(ies) shall place funds in an amount not exceeding the annual aggregate penal sum into the standby trust fund as directed by [the Director] under 40 CFR 280.112.
    The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
    The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the annual aggregate to the penal sum shown on the face of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum.
    The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the Principal, as evidenced by the return receipt.
    The Principal may terminate this bond by sending written notice to the Surety(ies).
    In Witness Thereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.
    The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in 40 CFR 280.98(b) as such regulations were constituted on the date this bond was executed.

                                Principal

[Signature(s)]
[Names(s)]
[Title(s)]
[Corporate seal]

                          Corporate Surety(ies)

[Name and address]
[State of Incorporation: ________]
[Liability limit: $________]
[Signature(s)]
[Names(s) and title(s)]
[Corporate seal]

    [For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]

Bond premium: $________

* * * * *

	(d) The owner or operator who uses a surety bond to satisfy the requirements of § 280.93 must establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond will be deposited directly into the standby trust fund in accordance with instructions from the Director under § 280.112. This standby trust fund must meet the requirements specified in § 280.103.

26. In § 280.99 revise paragraphs (b) and (c) to read as follows:
§ 280.99  Letter of credit.

* * * * *

	(b) The letter of credit must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

                  Irrevocable Standby Letter of Credit

[Name and address of issuing institution]
[Name and address of Director(s) of state implementing agency(ies)]

    Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. _____ in your favor, at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in words] U.S. dollars ($[insert dollar amount]), available upon presentation [insert, if more than one Director of a state implementing agency is a beneficiary, "by any one of you"] of
    (1) your sight draft, bearing reference to this letter of credit, No. _____, and
    (2) your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to regulations issued under authority of Subtitle I of the Solid Waste Disposal Act, as amended."
    This letter of credit may be drawn on to cover [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental releases" or "accidental releases"] arising from operating the underground storage tank(s) identified below in the amount of [in words] $[insert dollar amount] per occurrence and [in words] $[insert dollar amount] annual aggregate:

    [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number provided in the notification submitted pursuant to 40 CFR 280.22, or the corresponding state requirement, and the name and address of the facility.]

    The letter of credit may not be drawn on to cover any of the following:

    (a) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator];
    (c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;
    (e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.

    This letter of credit is effective as of [date] and shall expire on [date], but such expiration date shall be automatically extended for a period of [at least the length of the original term] on [expiration date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify [owner or operator] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that [owner or operator] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by [owner or operator], as shown on the signed return receipt.
    Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [owner or operator] in accordance with your instructions.
    We certify that the wording of this letter of credit is identical to the wording specified in 40 CFR 280.99(b) as such regulations were constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution]

[Date]

    This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].

	(c) An owner or operator who uses a letter of credit to satisfy the requirements of § 280.93 must also establish a standby trust fund when the letter of credit is acquired. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Director of the implementing agency will be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Director under § 280.112. This standby trust fund must meet the requirements specified in § 280.103.

* * * * *

27. In § 280.101 revise paragraph (d) to read as follows:
§ 280.101  State fund or other state assurance.

* * * * *

	(d) The Regional Administrator will notify the state of his determination regarding the acceptability of the state's fund or other assurance in lieu of financial mechanisms specified in this subpart. Within 60 days after the Regional Administrator notifies a state that a state fund or other state assurance is acceptable, the state must provide to each owner or operator for which it is assuming financial responsibility a letter or certificate describing the nature of the state's assumption of responsibility. The letter or certificate from the state must include, or have attached to it, the following information: the facility's name and address and the amount of funds for corrective action and/or for compensating third parties that is assured by the state. The owner or operator must maintain this letter or certificate on file as proof of financial responsibility in accordance with § 280.111(b)(8).

28. In § 280.103 revise paragraph (b)(1) and the Trust Agreement introductory text and section 4 to read as follows:
§ 280.103  Standby trust fund.

* * * * *

	(b)(1) The standby trust agreement, or trust agreement, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

                             Trust Agreement

    Trust agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a [name of state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "Incorporated in the state of _____" or "a national bank"], the "Trustee."
    Whereas, the United States Environmental Protection Agency, "EPA," an agency of the United States Government, has established certain regulations applicable to the Grantor, requiring that an owner or operator of an underground storage tank shall provide assurance that funds will be available when needed for corrective action and third-party compensation for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of the underground storage tank. The attached Schedule A lists the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located that are covered by the [insert "standby" where trust agreement is standby trust agreement] trust agreement.

    [Whereas, the Grantor has elected to establish [insert either "a guarantee," "surety bond," or "letter of credit"] to provide all or part of such financial assurance for the underground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument (This paragraph is only applicable to the standby trust agreement.)];
    Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee;
    Now, therefore, the Grantor and the Trustee agree as follows:

* * * * *

	Section 4. Payment for ["Corrective Action" and/or "Third-Party Liability Claims"]

    The Trustee shall make payments from the Fund as [the Director of the implementing agency] shall direct, in writing, to provide for the payment of the costs of [insert: "taking corrective action" and/or "compensating third parties for bodily injury and property damage caused by" either "sudden accidental releases" or "nonsudden accidental Releases" or "accidental releases"] arising from operating the tanks covered by the financial assurance mechanism identified in this Agreement.
    The Fund may not be drawn upon to cover any of the following:
    (a) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;
    (b) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of employment by [insert owner or operator];
    (c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;
    (d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;
    (e) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of 40 CFR 280.93.
    The Trustee shall reimburse the Grantor, or other persons as specified by [the Director], from the Fund for corrective action expenditures and/or third-party liability claims in such amounts as [the Director] shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as [the Director] specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.

* * *

29. Amend § 280.104 as follows:
a. By revising paragraph (b)
b. By revising paragraph (d)
c. By revising paragraph (e)
d. By adding paragraph (h)
§ 280.104  Local government bond rating test.

* * * * *

	(b) A local government owner or operator or local government serving as a guarantor that is not a general-purpose local government and does not have the legal authority to issue general obligation bonds may satisfy the requirements of § 280.93 by having a currently outstanding issue or issues of revenue bonds of $1 million or more, excluding refunded issues, and by also having a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond issued by the local government. Where bonds are rated by both Moody's and Standard & Poor's, the lower rating for each bond must be used to determine eligibility. Bonds that are backed by credit enhancement may not be considered in determining the amount of applicable bonds outstanding.

* * * * *

	(d) To demonstrate that it meets the local government bond rating test, the chief financial officer of a general purpose 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 bond rating test 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 bond rating test: [List for each facility: the name and address of the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding bond issues that are being used by [name of local government owner or operator, or guarantor] to demonstrate financial responsibility are as follows: [complete table]

___________________________________________________________________________
 Issue date                Maturity date    Outstanding amount      Bond rating        Rating agency
___________________________________________________________________________
                                                                                [Moody's or Standard & Poor's]
___________________________________________________________________________

    The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of $1 million. All outstanding general obligation bonds issued by this government that have been rated by Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's BBB) based on the most recent ratings published within the last 12 months. Neither rating service has provided notification within the last 12 months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR part 280.104(d) as such regulations were constituted on the date shown immediately below.
[Date]__________________________________________________________________
[Signature]______________________________________________________________
[Name]_________________________________________________________________
[Title]__________________________________________________________________

	(e) To demonstrate that it meets the local government bond rating test, the chief financial officer of local government owner or operator and/or guarantor other than a general purpose government 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 bond rating test 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). This local government is not organized to provide general governmental services and does not have the legal authority under state law or constitutional provisions to issue general obligation debt.
    Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility: the name and address of the facility where tanks are assured by the bond rating test].
    The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding revenue bond issues that are being used by [name of local government owner or operator, or guarantor] to demonstrate financial responsibility are as follows: [complete table]

___________________________________________________________________________
Issue date                Maturity date    Outstanding amount       Bond rating          Rating agency
___________________________________________________________________________
                                                                                [Moody's or Standard & Poor's]
___________________________________________________________________________

    The total outstanding obligation of [insert amount], excluding refunded bond issues, exceeds the minimum amount of $1 million. All outstanding revenue bonds issued by this government that have been rated by Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's BBB) based on the most recent ratings published within the last 12 months. The revenue bonds listed are not backed by third-party credit enhancement or  insured by a municipal bond insurance company. Neither rating service has provided notification within the last 12 months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.
    I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR part 280.104(e) as such regulations were constituted on the date shown immediately below.

[Date]__________________________________________________________________
[Signature]______________________________________________________________
[Name]_________________________________________________________________
[Title]__________________________________________________________________

 * * * * *

	(h) If the local government owner or operator fails to obtain alternate assurance within 150 days of finding that it no longer meets the requirements of the bond rating test or within 30 days of notification by the Director of the implementing agency that it no longer meets the requirements of the bond rating test, the owner or operator must notify the Director of such failure within 10 days.

30. In § 280.105 revise paragraph (c) and the Letter From Chief Financial Officer to read as follows:
§ 280.105 Local government financial test.

* * * * *

	(c) To demonstrate that it meets the financial test under paragraph (b) of this section, the chief financial officer of the local government owner or operator, must sign, within 120 days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support the financial test are prepared, 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 the owner or operator]. This letter is in support of the use of the local government financial test 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 financial test [List for each facility: the name and address of the facility where tanks assured by this financial test are located. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this financial test by the tank identification number provided in the notification submitted pursuant to 40 CFR Part 280.22 or the corresponding state requirements.]
    This owner or operator has not received an adverse opinion, or a disclaimer of opinion from an independent auditor on its financial statements for the latest completed fiscal year. Any outstanding issues of general obligation or revenue bonds, if rated, have a Moody's rating of Aaa, Aa, A, or Baa or a Standard and Poor's rating of AAA, AA, A, or BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, A, or Baa and a Standard and Poor's rating of AAA, AA, A, or BBB.

                 Worksheet for Municipal Financial Test

                        Part I: Basic Information

                            1. Total Revenues

a. Revenues (dollars) ________