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

Subpart A  -  Program Scope and Interim Prohibition

Sec.
280.10 Applicability.
280.11 Interim prohibition for deferred UST systems.
280.12 Definitions.

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

280.20 Performance standards for new UST systems.
280.21 Upgrading of existing UST systems.
280.22 Notification requirements.

Subpart C  -  General Operating Requirements

280.30 Spill and overfill control.
280.31 Operation and maintenance of corrosion protection.
280.32 Compatibility.
280.33 Repairs allowed.
280.34 Reporting and recordkeeping.
280.35 Periodic testing of spill and overfill prevention equipment.
280.36 Periodic testing of secondary containment.
280.37 Periodic operation and maintenance walkthrough inspections.

Subpart D  -  Release Detection

280.40 General requirements for all UST systems.
280.41 Requirements for petroleum UST systems.
280.42 Requirements for hazardous substance UST systems.
280.43 Methods of release detection for tanks.
280.44 Methods of release detection for piping.
280.45 Release detection recordkeeping.
280.46 Alternative methods of release detection for field-constructed tanks.
280.47 Alternative methods of release detection for bulk piping.

Subpart E  -  Release Reporting, Investigation, and Confirmation

280.50 Reporting of suspected releases.
280.51 Investigation due to off-site impacts.
280.52 Release investigation and confirmation steps.
280.53 Reporting and cleanup of spills and overfills.

Subpart F  -  Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

280.60 General.
280.61 Initial response.
280.62 Initial abatement measures and site check.
280.63 Initial site characterization.
280.64 Free product removal.
280.65 Investigations for soil and ground-water cleanup.
280.66 Corrective action plan.
280.67 Public participation.

Subpart G  -  Out-of-Service UST Systems and Closure

280.70 Temporary closure.
280.71 Permanent closure and changes-in-service.
280.72 Assessing the site at closure or change-in-service.
280.73 Applicability to previously closed UST systems.
280.74 Closure records.

Subpart H  -  Financial Responsibility

280.90 Applicability.
280.91 Compliance dates.
280.92 Definition of terms.
280.93 Amount and scope of required financial responsibility.
280.94 Allowable mechanisms and combinations of mechanisms.
280.95 Financial test of self-insurance.
280.96 Guarantee.
280.97 Insurance and risk retention group coverage.
280.98 Surety bond.
280.99 Letter of credit.
280.100 Use of state-required mechanism.
280.101 State fund or other state assurance.
280.102 Trust fund.
280.103 Standby trust fund.
280.104 Local government bond rating test.
280.105 Local government financial test.
280.106 Local government guarantee.
280.107 Local government fund.
280.108 Substitution of financial assurance mechanisms by owner or operator.
280.109 Cancellation or nonrenewal by a provider or financial assurance.
280.110 Reporting by owner or operator.
280.111 Recordkeeping.
280.112 Drawing on financial assurance mechanisms.
280.113 Release from the requirements.
280.114 Bankruptcy or other incapacity of owner or operator or provider of financial assurance.
280.115 Replenishment of guarantees, letters of credit, or surety bonds.
280.116 Suspension of enforcement. [Reserved]

Subpart I  -  Lender Liability

280.200 Definitions.
280.210 Participation in management.
280.220 Ownership of an underground storage tank or underground storage tank system or facility or property on which an underground storage tank or underground storage tank system is located.
280.30 Operating an underground storage tank or underground storage tank system.

Subpart J  -  Operator Training

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

Appendices to Part 280

Appendix I to Part 280  -  Notification for Underground Storage Tanks (Form)

Appendix II to Part 280  -  Notification of Ownership Change for Underground Storage Tanks (Form)
Appendix III to Part 280  -  Statement for Shipping Tickets and Invoices

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

Subpart A -- Program Scope and Interim Prohibition

§ 280.10  Applicability.

	(a)  The requirements of this part apply to all owners and operators of an UST system as defined in § 280.12 except as otherwise provided in paragraphs (b) and (c) of this section.

     (1) Previously deferred UST systems.  UST systems previously deferred from subparts B, C, D, E, G and H (airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and wastewater treatment tank systems) and UST systems previously deferred from subpart D (UST systems that store fuel solely for use by emergency power generators) must begin meeting the requirements of this part as follows:

     (i) UST systems installed on or before [effective date of rule] must meet the schedule in the following table.

                              Type Of UST System
                              Subpart Or Section
                                Effective Date
UST systems that store fuel solely for use by emergency power generators
                                       D
[1 Year after effective date of rule]
Airport hydrant fuel distribution systems; UST systems with field-constructed tanks; and wastewater treatment tank systems
                          B (except § 280.22) and C
[3 Years after effective date of rule]

                                       D
See the phase in schedule in § 280.40(c)

                      § 280.22 of subpart B, E, G and H
[effective date of rule]

     (ii) UST systems installed after [effective date of rule] must meet all requirements at installation.

  	(2) Any UST system listed in paragraph (c) of this section must meet the requirements of § 280.11.

	(b)  The following UST systems are excluded from the requirements of this part:

	 (1)  Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances.

	(2)  Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act.

	(3)  Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks.

	(4)  Any UST system whose capacity is 110 gallons or less.

	(5)  Any UST system that contains a de minimis concentration of regulated substances.

	(6)  Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

	(c)  Deferrals.  Subparts B, C, D, E, and G of this part do not apply to:

	(1)  Aboveground tanks associated with:

	(i)  Airport hydrant fuel distribution systems; and

	(ii)  UST systems with field-constructed tanks;

	(2)  Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 USC 2011 and following); and

	(3)  Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the Nuclear Regulatory Commission under 10 CFR part 50.

§ 280.11  Interim prohibition for deferred UST systems.

	(a)  No person may install an UST system listed in § 280.10(c) for the purpose of storing regulated substances unless the UST system (whether of single- or double-wall construction):

	(1)  Will prevent releases due to corrosion or structural failure for the operational life of the UST system;

	(2)  Is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent the release or threatened release of any stored substance; and

	(3)  Is constructed or lined with material that is compatible with the stored substance.

	(b)  Notwithstanding paragraph (a) of this section, an UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life.  Owners and operators must maintain records that demonstrate compliance with the requirements of this paragraph for the remaining life of the tank.

	Note to paragraphs (a) and (b):  The following codes of practice may be used as guidance for complying with this section:

	(A) NACE International Recommended Practice RP 0285, "Corrosion Control of Underground Storage Systems by Cathodic Protection";

 	(B) NACE International Standard Practice SP 0169, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems";

	(C) American Petroleum Institute Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems"; or

	(D) Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Petroleum Storage and Dispensing Systems".

§ 280.12  Definitions.

	Aboveground release means any release to the surface of the land or to surface water.  This includes, but is not limited to, releases from the above-ground portion of an UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system.

	Airport hydrant fuel distribution system means an UST system that is a combination of one or more tanks directly connected to underground hydrant piping used to fuel aircraft.  These systems do not have a dispenser at the end of the piping run, but rather have a hydrant (fill stand). If an aboveground storage tank (AST) is feeding an intermediary tank or tanks, this definition does not include the AST, but does include all underground piping entering and leaving the intermediary tank(s) and the intermediary tank(s).  Intermediary tanks are those tanks directly connected to the hydrant piping.

	Ancillary equipment means any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

	Belowground release means any release to the subsurface of the land and to ground water.  This includes, but is not limited to, releases from the belowground portions of an underground storage tank system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank.

	Beneath the surface of the ground means beneath the ground surface or otherwise covered with earthen materials.

	Cathodic protection is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.  For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.

	Cathodic protection tester means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems.  At a minimum, such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

	CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

	Class A operator means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the implementing agency.  The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

	Class B operator means the individual who has day-to-day responsibility for implementing applicable regulatory requirements established by the implementing agency.  The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the UST system.

	Class C operator means the employee responsible for initially addressing emergencies presented by a spill or release from an UST system.  The Class C operator typically controls or monitors the dispensing or sale of regulated substances.

	Compatible means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the UST.

	Connected piping means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which regulated substances flow.  For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them.

	Consumptive use with respect to heating oil means consumed on the premises.

	Corrosion expert means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks.  Such a person must be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

	Dielectric material means a material that does not conduct direct electrical current.  Dielectric coatings are used to electrically isolate UST systems from the surrounding soils.  Dielectric bushings are used to electrically isolate portions of the UST system (e.g., tank from piping).

      Dispenser system means equipment located aboveground that meters the amount of regulated substances transferred to a point of use outside the UST system, such as a motor vehicle.  This system includes the equipment necessary to connect the dispenser to the underground storage tank system.

	Electrical equipment means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

	Excavation zone means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

	Existing tank system means a tank system used to contain an accumulation of regulated substances or for which installation has commenced on or before December 22, 1988.  Installation is considered to have commenced if:

	(a) the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system; and if,

	(b)(1) either a continuous on-site physical construction or installation program has begun; or,

	(2) the owner or operator has entered into contractual obligations--which cannot be cancelled or modified without substantial loss--for physical construction at the site or installation of the tank system to be completed within a reasonable time.

	Farm tank is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements.  A farm tank must be located on the farm property.  Farm includes fish hatcheries, rangeland and nurseries with growing operations.

	Flow-through process tank is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process.  Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

	Free product refers to a regulated substance that is present as a nonaqueous phase liquid (e.g., liquid not dissolved in water.)

	Gathering lines means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

	Hazardous substance UST system means an underground storage tank system that contains a hazardous substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (but not including any substance regulated as a hazardous waste under subtitle C) or any mixture of such substances and petroleum, and which is not a petroleum UST system.

	Heating oil means petroleum that is No. 1, No. 2, No. 4--light, No. 4--heavy, No. 5--light, No. 5--heavy, and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils.  Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.

	Hydraulic lift tank means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

	Implementing agency means EPA, or, in the case of a state with a program approved under section 9004 (or pursuant to a memorandum of agreement with EPA), the designated state or local agency responsible for carrying out an approved UST program.

	Liquid trap means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids.  These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

	Maintenance means the normal operational upkeep to prevent an underground storage tank system from releasing product.

	Motor fuel means petroleum or a petroleum-based substance that is typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol).

	New tank system means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988.  (See also Existing Tank System.)

	Noncommercial purposes with respect to motor fuel means not for resale.

	On the premises where stored with respect to heating oil means UST systems located on the same property where the stored heating oil is used.

	Operational life refers to the period beginning when installation of the tank system has commenced until the time the tank system is properly closed under subpart G.

	Operator means any person in control of, or having responsibility for, the daily operation of the UST system.

	Overfill release is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

	Owner means:  (a) in the case of an UST system in use on November 8, 1984, or brought into use after that date, any person who owns an UST system used for storage, use, or dispensing of regulated substances; and (b) in the case of any UST system in use before November 8, 1984, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.

	Person means an individual, trust, firm, joint stock company, federal agency, corporation, state, municipality, commission, political subdivision of a state, or any interstate body.  "Person" also includes a consortium, a joint venture, a commercial entity, and the United States Government.

	Petroleum UST system means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances.  Such systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

	Pipe or Piping means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

	Pipeline facilities (including gathering lines) are new and existing pipe rights-of-way and any associated equipment, facilities, or buildings.

	Regulated substance means

	(a)	any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and

	(b)	petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).  The term "regulated substance" includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

	Release means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an UST into ground water, surface water or subsurface soils.

	Release detection means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

	Repair means to restore a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release or a suspected release of product from the UST system or has failed to function properly.

      Replaced means

     (a) for a tank - to remove a tank and install another tank.

     (b) for piping - to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank.  For tanks with multiple piping runs, this definition applies independently to each piping run.

	Residential tank is a tank located on property used primarily for dwelling purposes.

	SARA means the Superfund Amendments and Reauthorization Act of 1986.

           Secondary containment or Secondarily contained means a release prevention and release detection system for a tank and/or piping.  These systems have an inner and outer barrier with an interstitial space that is monitored for leaks.

	Septic tank is a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer.  The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

	Storm-water or wastewater collection system means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur.  The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

	Surface impoundment is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.

	Tank is a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (e.g., concrete, steel, plastic) that provide structural support.

	Training program means any program established by the implementing agency that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator regarding requirements for UST systems.

     Under-dispenser containment or UDC means containment underneath a dispenser system designed to prevent dispenser system leaks from reaching soil or groundwater.

	Underground area means an underground room, such as a basement, cellar, shaft or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.

	Underground release means any belowground release.

	Underground storage tank or UST means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground.  This term does not include any:

	(a)  Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

	(b)  Tank used for storing heating oil for consumptive use on the premises where stored;

	(c)  Septic tank;

	(d)  Pipeline facility (including gathering lines):

	(1)  Which is regulated under U.S.C. 49 chapters 601 and 603, or

	(2)
	Which is an intrastate pipeline facility regulated under state laws as provided in U.S.C. 49 chapters 601 and 603 ,

and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline;

	(e)  Surface impoundment, pit, pond, or lagoon;

	(f)  Storm-water or wastewater collection system;

	(g)  Flow-through process tank;

	(h)  Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or

	(i)  Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor.

The term underground storage tank or UST does not include any pipes connected to any tank which is described in paragraphs (a) through (i) of this definition.

	Upgrade means the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product.

	UST system or Tank system means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.

	Wastewater treatment tank means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

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

§ 280.20  Performance standards for new UST systems.

	In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following requirements.

	(a)  Tanks.  Each tank must be properly designed and constructed, and any portion underground that routinely contains product must be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified in paragraphs (a)(1) through (a)(5) of this section.  In addition, all new or replaced tanks where installation began after [effective date of rule] must be secondarily contained in accordance with paragraph (a)(6) of this section:

	(1)  The tank is constructed of fiberglass-reinforced plastic; or

	Note to paragraph (a)(1):  The following codes of practice may be used to comply with paragraph (a)(1) of this section:

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

	(B) Underwriter's Laboratories of Canada S615, "Standard for Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids".

	(2)  The tank is constructed of steel and cathodically protected in the following manner:

	(i)  The tank is coated with a suitable dielectric material;

	(ii)  Field-installed cathodic protection systems are designed by a corrosion expert;

	(iii)  Impressed current systems are designed to allow determination of current operating status as required in § 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.

Subpart C -- General Operating Requirements

§ 280.30  Spill and overfill control.

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

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

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

§ 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:

	(a)  All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.

	(b)  All UST systems equipped with cathodic protection systems must be inspected for proper operation by a qualified cathodic protection tester in accordance with the following requirements:

	(1)  Frequency.  All cathodic protection systems must be tested within 6 months of installation and at least every 3 years thereafter or according to another reasonable time frame established by the implementing agency; and

	(2) Inspection criteria.  The criteria that are used to determine that cathodic protection is adequate as required by this section must be in accordance with a code of practice developed by a nationally recognized association.

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

	(A) NACE International Test Method TM 0101, "Measurement Techniques Related to Criteria for Cathodic Protection 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".

	(c)  UST systems with impressed current cathodic protection systems must also be inspected every 60 days to ensure the equipment is running properly.

	(d)  For UST systems using cathodic protection, records of the operation of the cathodic protection must be maintained (in accordance with § 280.34) to demonstrate compliance with the performance standards in this section.  These records must provide the following:

	(1)  The results of the last three inspections required in paragraph (c) of this section; and

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

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.

§ 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.

§ 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.

§ 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.

      Note to paragraphs (a)(1)(ii) and (a)(2): The following codes of practice may be used to comply with paragraphs (a)(1)(ii) and (a)(2) of this section:  PLACEHOLDER  -  PEI Developing Std that might be appropriate

§ 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".

§ 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".

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.

PRIVATE

	(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 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.

Subpart E -- Release Reporting, Investigation, and Confirmation

§ 280.50  Reporting of suspected releases.

	Owners and operators of UST systems must report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and follow the procedures in § 280.52 for any of the following conditions:

	(a)  The discovery by owners and operators or others of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water).

	(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.

§ 280.51 Investigation due to off-site impacts.

	When required by the implementing agency, owners and operators of UST systems must follow the procedures in § 280.52 to determine if the UST system is the source of off-site impacts.  These impacts include the discovery of regulated substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the implementing agency or brought to its attention by another party.

§ 280.52  Release investigation and confirmation steps.

	Unless corrective action is initiated in accordance with subpart F, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under § 280.50 within 7 days, or another reasonable time period specified by the implementing agency, using either the following steps or another procedure approved by the implementing agency:

	(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.

	(b)  Site check.  Owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site.  In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of ground water, and other factors appropriate for identifying the presence and source of the release.

	(1)  If the test results for the excavation zone or the UST site indicate that a release has occurred, owners and operators must begin corrective action in accordance with subpart F;

	(2)  If the test results for the excavation zone or the UST site do not indicate that a release has occurred, further investigation is not required.

§ 280.53  Reporting and cleanup of spills and overfills.

	(a) Owners and operators of UST systems must contain and immediately clean up a spill or overfill and report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and begin corrective action in accordance with subpart F in the following cases:

	(1) Spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons or another reasonable amount specified by the implementing agency, or that causes a sheen on nearby surface water; and

	(2) Spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under CERCLA (40 CFR 302).

	(b) Owners and operators of UST systems must contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons or another reasonable amount specified by the implementing agency, and a spill or overfill of a hazardous substance that is less than the reportable quantity. If cleanup cannot be accomplished within 24 hours, or another reasonable time period established by the implementing agency, owners and operators must immediately notify the implementing agency.

	[Note:  Pursuant to 302.6 and 355.40, a release of a hazardous substance equal to or in excess of its reportable quantity must also be reported immediately (rather than within 24 hours) to the National Response Center under sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986.]

Subpart F -- Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances

§ 280.60  General.

	Owners and operators of petroleum or hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this subpart except for USTs excluded under § 280.10(b) and UST systems subject to RCRA Subtitle C corrective action requirements under section 3004(u) of the Resource Conservation and Recovery Act, as amended.

§ 280.61  Initial response.

	Upon confirmation of a release in accordance with § 280.52 or after a release from the UST system is identified in any other manner, owners and operators must perform the following initial response actions within 24 hours of a release or within another reasonable period of time determined by the implementing agency:

	(a)  Report the release to the implementing agency (e.g., by telephone or electronic mail);

	(b)  Take immediate action to prevent any further release of the regulated substance into the environment; and

	(c)  Identify and mitigate fire, explosion, and vapor hazards.

§ 280.62  Initial abatement measures and site check.

	(a)  Unless directed to do otherwise by the implementing agency, owners and operators must perform the following abatement measures:

	(1)  Remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment;

	(2)  Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and ground water;

	(3)  Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST excavation zone and entered into subsurface structures (such as sewers or basements);

	(4)  Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities.  If these remedies include treatment or disposal of soils, the owner and operator must comply with applicable state and local requirements;

	(5)  Measure for the presence of a release where contamination is most likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site check required by § 280.52(b) or the closure site assessment of § 280.72(a).  In selecting sample types, sample locations, and measurement methods, the owner and operator must consider the nature of the stored substance, the type of backfill, depth to ground water and other factors as appropriate for identifying the presence and source of the release; and

	(6)  Investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with § 280.64.

	(b)  Within 20 days after release confirmation, or within another reasonable period of time determined by the implementing agency, owners and operators must submit a report to the implementing agency summarizing the initial abatement steps taken under paragraph (a) of this section and any resulting information or data.

§ 280.63  Initial site characterization.

	(a)  Unless directed to do otherwise by the implementing agency, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in § 280.60 and § 280.61.  This information must include, but is not necessarily limited to the following:

	(1)  Data on the nature and estimated quantity of release;

	(2)  Data from available sources and/or site investigations concerning the following factors:  surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use;

	(3)  Results of the site check required under § 280.62(a)(5); and

	(4)  Results of the free product investigations required under § 280.62(a)(6), to be used by owners and operators to determine whether free product must be recovered under § 280.64.

	(b)  Within 45 days of release confirmation or another reasonable period of time determined by the implementing agency, owners and operators must submit the information collected in compliance with paragraph (a) of this section to the implementing agency in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the schedule required by the implementing agency.

§ 280.64  Free product removal.

	At sites where investigations under § 280.62(a)(6) indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the implementing agency while continuing, as necessary, any actions initiated under §§ 280.61 through 280.63, or preparing for actions required under §§ 280.65 through 280.66.  In meeting the requirements of this section, owners and operators must:

	(a)  Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges or disposes of recovery byproducts in compliance with applicable local, state and federal regulations;

	(b)  Use abatement of free product migration as a minimum objective for the design of the free product removal system;

	(c)  Handle any flammable products in a safe and competent manner to prevent fires or explosions; and

	(d)  Unless directed to do otherwise by the implementing agency, prepare and submit to the implementing agency, within 45 days after confirming a release, a free product removal report that provides at least the following information:

	(1)  The name of the person(s) responsible for implementing the free product removal measures;

	(2)  The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

 	(3)  The type of free product recovery system used;

	(4)  Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;

	(5)  The type of treatment applied to, and the effluent quality expected from, any discharge;

	(6)  The steps that have been or are being taken to obtain necessary permits for any discharge; and

	(7)  The disposition of the recovered free product.

§ 280.65  Investigations for soil and ground-water cleanup.

	(a)	In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the ground water, owners and operators must conduct investigations of the release, the release site, and the surrounding area possibly affected by the release if any of the following conditions exist:

	(1)  There is evidence that ground-water wells have been affected by the release (e.g., as found during release confirmation or previous corrective action measures);

	(2)  Free product is found to need recovery in compliance with § 280.64;

	(3)  There is evidence that contaminated soils may be in contact with ground water (e.g., as found during conduct of the initial response measures or investigations required under §§ 280.60 through 280.64); and

	(4)  The implementing agency requests an investigation, based on the potential effects of contaminated soil or ground water on nearby surface water and ground-water resources.

	(b)  Owners and operators must submit the information collected under paragraph (a) of this section as soon as practicable or in accordance with a schedule established by the implementing agency.

§ 280.66  Corrective action plan.

	(a)  At any point after reviewing the information submitted in compliance with § 280.61 through § 280.63, the implementing agency may require owners and operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and ground water.  If a plan is required, owners and operators must submit the plan according to a schedule and format established by the implementing agency.  Alternatively, owners and operators may, after fulfilling the requirements of § 280.61 through § 280.63, choose to submit a corrective action plan for responding to contaminated soil and ground water.  In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health and the environment as determined by the implementing agency, and must modify their plan as necessary to meet this standard.

	(b)  The implementing agency will approve the corrective action plan only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment.  In making this determination, the implementing agency should consider the following factors as appropriate:

	(1)  The physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;

	(2)  The hydrogeologic characteristics of the facility and the surrounding area;

	(3)  The proximity, quality, and current and future uses of nearby surface water and ground water;

	(4)  The potential effects of residual contamination on nearby surface water and ground water;

	(5)  An exposure assessment; and

	(6)  Any information assembled in compliance with this subpart.

	(c)  Upon approval of the corrective action plan or as directed by the implementing agency, owners and operators must implement the plan, including modifications to the plan made by the implementing agency.  They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the implementing agency.

	(d)  Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and ground water before the corrective action plan is approved provided that they:

	(1)  Notify the implementing agency of their intention to begin cleanup;

	(2)  Comply with any conditions imposed by the implementing agency, including halting cleanup or mitigating adverse consequences from cleanup activities; and

	(3)  Incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the implementing agency for approval.

§ 280.67  Public participation.

	(a)  For each confirmed release that requires a corrective action plan, the implementing agency must provide notice to the public by means designed to reach those members of the public directly affected by the release and the planned corrective action.  This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, or personal contacts by field staff.

	(b)  The implementing agency must ensure that site release information and decisions concerning the corrective action plan are made available to the public for inspection upon request.

	(c) Before approving a corrective action plan, the implementing agency may hold a public meeting to consider comments on the proposed corrective action plan if there is sufficient public interest, or for any other reason.

	(d)  The implementing agency must give public notice that complies with paragraph (a) of this section if implementation of an approved corrective action plan does not achieve the established cleanup levels in the plan and termination of that plan is under consideration by the implementing agency.

Subpart G -- Out-of-Service UST Systems and Closure

§ 280.70  Temporary closure.

	(a)  When an UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with § 280.31, and any release detection in accordance with subpart D.  Subparts E and F must be complied with if a release is suspected or confirmed.  However, release detection is not required as long as the UST system is empty.  The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system.

	(b)  When an UST system is temporarily closed for 3 months or more, owners and operators must also comply with the following requirements:

	(1)  Leave vent lines open and functioning; and

	(2)  Cap and secure all other lines, pumps, manways, and ancillary equipment.

	(c)  When an UST system is temporarily closed for more than 12 months, owners and operators must permanently close the UST system if it does not meet either performance standards in § 280.20 for new UST systems or the upgrading requirements in § 280.21, except that the spill and overfill equipment requirements do not have to be met.  Owners and operators must permanently close the substandard UST systems at the end of this 12-month period in accordance with §§ 280.71-280.74, unless the implementing agency provides an extension of the 12-month temporary closure period.  Owners and operators must complete a site assessment in accordance with § 280.72 before such an extension can be applied for.

§ 280.71  Permanent closure and changes-in-service.

	(a)  At least 30 days before beginning either permanent closure or a change-in-service under paragraphs (b) and (c) of this section, or within another reasonable time period determined by the implementing agency, owners and operators must notify the implementing agency of their intent to permanently close or make the change-in-service, unless such action is in response to corrective action.  The required assessment of the excavation zone under § 280.72 must be performed after notifying the implementing agency but before completion of the permanent closure or a change-in-service.

	(b)  To permanently close a tank, owners and operators must empty and clean it by removing all liquids and accumulated sludges.  All tanks taken out of service permanently must also be either removed from the ground or filled it with an inert solid material.

	(c)  Continued use of an UST system to store a non-regulated substance is considered a change-in-service.  Before a change-in-service, owners and operators must empty and clean the tank by removing all liquid and accumulated sludge and conduct a site assessment in accordance with § 280.72.

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