Appendix A to Part 282 - State Requirements Incorporated by Reference in Part 282 of the Code of Federal Regulations
40:29.0.1.1.12.4.47.1.28 : Appendix A
Appendix A to Part 282 - State Requirements Incorporated by
Reference in Part 282 of the Code of Federal Regulations Link to an
amendment published at 86 FR 983, Jan. 7, 2021.
The following is an informational listing of the state
requirements incorporated by reference in part 282 of the Code of
Federal Regulations:
Alabama
(a) The statutory provisions include Code of Alabama 1975, Title
22, Chapter 36, Underground Tank and Wellhead Protection Act:
Section 1 Short title. Section 2 Definitions. Section 3 Rules and
regulations governing underground storage tanks. Section 4
Information to be furnished by owner upon request of department;
owner to permit access to records and entry and inspection of
facilities. Section 6 Expenditure of funds from leaking underground
storage tank trust fund; investigative and corrective powers in
regard to administration of funds; liability of owner or operator
for costs. Section 8 Availability to public of records, reports, or
information obtained under chapter. Section 10 Rules and
regulations.
(b) The regulatory provisions include Alabama Department of
Environmental Management, Administrative Code, Division 6, Water
Quality Program, Volume II, revised effective: June 1, 1994,
Chapter 335-6-15: Technical Standards, Corrective Action
Requirements and Financial Responsibility for Owners and Operators
of Underground Storage Tanks.
Section .01 Purpose. Section .02 Definitions. Section .03
Applicability. Section .04 Interim Prohibition for Deferred UST
Systems. Section .05 Notification, except those USTs taken out of
operation on or before January 1, 1974. Section .06 Performance
Standards for New UST Systems. Section .07 Upgrading of Existing
UST Systems. Section .08 Plans and Specifications. Section .09
Spill and Overfill Control. Section .10 Operation and Maintenance
of Corrosion Protection. Section .11 Compatibility. Section .12
Repairs Allowed. Section .13 Reporting and Recordkeeping. Section
.14 General Release Detection Systems for all UST Systems. Section
.15 Release Detection Requirements for Petroleum UST Systems.
Section .16 Release Detection Requirements for Hazardous Substance
UST Systems. Section .17 Methods of Release Detection for Tanks.
Section .18 Methods of Release Detection for Pipes. Section .19
Release Detection Recordkeeping. Section .20 Reporting of Suspected
Releases. Section .21 Investigation Due to Environmental Impact.
Section .22 Release Investigation and Confirmation Steps. Section
.23 Reporting and Clean-up of Spills and Overfills. Section .24
Initial Release Response. Section .25 Initial Abatement Measures
and Preliminary Investigation. Section .26 Preliminary
Investigation Requirements. Section .27 Free Product Removal.
Section .28 Secondary Investigation Requirements. Section .29
Corrective Action Plan. Section .30 Corrective Action Limits for
Soils. Section .31 Corrective Action Limits for Ground Water.
Section .32 Alternative Corrective Action Limits. Section .33 Risk
Assessment. Section .34 Public Participation. Section .35
Analytical Requirements. Section .36 Temporary Closure. Section .37
Permanent Closure. Section .38 Site Closure or Change-in-Service
Assessments. Section .39 Applicability to Previously Closed UST
Systems. Section .40 Closure Records. Section .41 Alternate or
Temporary Drinking Water Source. Section .42 Availability to Public
of Records, Reports or information. Section .43 Access to Records.
Section .44 Entry and Inspection of Facilities. Section .46
Financial Responsibility for Petroleum UST Owners and Operators.
Section .48 Severability. Arkansas
(a) The statutory provisions include:
1.
Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 8 -
Regulated Substance Storage Tanks: Section 8-7-801 Definitions
and exceptions Section 8-7-803 Regulations generally Section
8-7-804 Procedures of department generally Section 8-7-807
Responsibility and liability of owner Section 8-7-808 Regulated
Substance Storage Tank Program Fund Section 8-7-810 Insurance pools
Section 8-7-811 Trade secrets Section 8-7-812 Subchapter
controlling over other laws Section 8-7-813 Registration 2.
Arkansas Code Annotated, Title 8, Chapter 7, Subchapter 9 -
Petroleum Storage Tank Trust Fund Act: Section 8-7-901 Title
Section 8-7-902 Definitions Section 8-7-903 Rules and Regulations -
Powers of department [Except (c), which addresses aboveground
storage tanks.] Section 8-7-904 Advisory committee Section 8-7-905
Petroleum Storage Tank Trust Fund Section 8-7-906 Petroleum
environmental assurance fee Section 8-7-907 Payments for corrective
action Section 8-7-908 Third-party claims Section 8-7-909
Confidential treatment of information
(b) The regulatory provisions include:
1.
Arkansas Department of Pollution Control and Ecology
Regulation Number 12 - Storage Tank Regulation: a. Chapter 1:
General Provisions Section 1: Purpose Section 2: Authority Section
3: Short Title b. Chapter 2: Regulations Promulgated Under Acts 172
and 173 of 1989 and Act 65 of the Third Extraordinary Session of
1989 for Administration of the State Regulated Storage Tank Program
Section 1: Incorporation of Federal Regulations Section 2: Arkansas
Petroleum Storage Tank Trust Fund Act Section 3: Definitions c.
Chapter 3: Fees Section 1: Underground and Aboveground Storage Tank
Registration Fees [Except insofar as it applies to aboveground
storage tanks.] Section 2: Underground Storage Tank Licensing Fees
Section 3: Late Payment Penalties Section 4: Refusal or Failure to
Pay Fees d. Chapter 4: Petroleum Storage Tank Trust Fund Release
Reimbursement Section 1: Purpose Section 2: Amount of Reimbursement
Section 3: Initial Fund Eligibility Section 4: Loss and Restoration
of Initial Fund Eligibility Section 5: Corrective Action
Reimbursement Procedure Section 6: Reimbursement Application Review
Section 7: Allowable Costs Section 8: Reasonable Costs Section 9:
Audits Section 10: Deductible Section 11: Third Party Claim
Reimbursement Procedure Section 12: Compliance Section 13: Fund
Availability Section 14: Cost Recovery e. Chapter 7:
Confidentiality Section 1: Confidentiality Requests Section 2:
Responsibility Section 3: Submission Procedure Section 4:
Requirements for Protection Section 5: Acceptability of Information
Section 6: Security f. Chapter 9: Severability g. Chapter 10:
Effective Date Colorado
(a) The statutory provisions include: Colorado Revised
Statutes (2018), Title 8 Labor and Industry, Article 20.5 Petroleum
Storage Tanks, Part 1 Administration: Section 8-20.5-101(16)
definition of “tank”.
(b) The regulatory provisions include:
(1) Code of Colorado Regulations (May 1, 2018), 7 CCR 1101-14
“Department of Labor and Employment, Division of Oil and Public
Safety, Storage Tank Regulations”:
Article 1 General Provisions:
Section 1-5 Definitions, except “aboveground storage tank”
(AST), “aboveground storage tank (AST) system,” “fire resistant
tank,” “motor fuel,” the phrase “or above ground” in the definition
of “operator,” Item (3) in the definition of “owner” relative to
ASTs, and paragraph relative to ASTs in the definition of
“secondary containment”; 1-6 Glossary of Acronyms and
Initializations;
Article 2 Underground Storage Tanks:
Section 2-1 UST Program Scope and Applicability; Subsections
2-1-1 Applicability; 2-1-2 Determination of ownership and use;
Section 2-2 UST Design, Construction, Installation and
Registration; Subsections 2-2-1 Design and Performance standards
for new and replaced UST systems; 2-2-2 Installation; 2-2-2-1
Installation Application; 2-2-2-2 Installation Requirements;
2-2-2-3 Installation Inspection; 2-2-3 UST System Registration;
2-2-4 Upgrading existing UST System; 2-2-5 Repairs;
Section 2-3 Operation; Subsections 2-3-1 Operator training;
2-3-1-1 Classes of Operators; 2-3-1-2 Class A Operator; 2-3-1-3
Class B Operator; 2-3-1-4 Class C Operator; 2-3-1-5 Acceptable
Training and Certification Processes; 2-3-1-6 Training and
Certification Deadlines and Schedules; 2-3-1-7 Retraining
Requirements; 2-3-1-8 Documentation; 2-3-2 Spill and Overfill
Prevention; 2-3-3 Corrosion Protection; 2-3-4 Release Detection;
2-3-4-1 General requirements for all UST systems; 2-3-4-2
Requirements for regulated substance UST Systems; 2-3-4-3
Requirements for Piping; 2-3-4-4 Requirements for hazardous
substance UST systems; 2-3-5 Periodic testing of spill prevision
equipment and containment sumps used for interstitial monitoring of
piping and periodic inspection of overfill prevention equipment;
2-3-6 Compliance inspections; 2-3-6-1 Monthly Compliance
Inspections; 2-3-6-2 Annual Operational Compliance Inspections;
2-3-6-3 Inspections Conducted by the Director; 2-3-7 Reporting and
Record Keeping;
Section 2-4 Closure of UST Systems; Subsections 2-4-1 Temporary
Closure; 2-4-2 Permanent Closure; 2-4-3 Site Assessment;
Section 2-5 UST Systems with Field-Constructed Tanks and Airport
Hydrant Fuel Distribution Systems; Subsections 2-5-1 Definitions;
2-5-2 General requirements; 2-5-3 Additions, exceptions, and
alternatives for UST systems with field-constructed tanks and
airport hydrant systems;
Article 4 Release Identification And Reporting:
Sections 4-1 Suspected Releases; 4-2 Response to Suspected
Releases; 4-3 Confirmed Releases;
Article 5 Release Response:
Section 5-1 Response to Confirmed Releases; Subsections 5-1-1
Acute human health hazards; 5-1-2 Chronic and secondary human
health hazards and other environmental impacts; Section 5-2 Site
Characterization;
Section 5-3 Corrective Action;
Section 5-4 No Further Action Request;
Article 7 Financial Responsibility Requirements For
Owners/Operators Of Petroleum Underground Storage Tanks:
Section 7-1 Applicability;
Section 7-2 Financial Responsibility Mechanisms;
Section 7-3 Maintenance of Financial Responsibility.
(c) Copies of the Colorado statutes and regulations that are
incorporated by reference are available from the following
offices:
Statutes - Colorado Revisor of Statutes, 200 E. Colfax Avenue,
Denver, CO 80203; Attn: Office of Legislative Legal Services; Phone
number: (303) 866-2045; website:
https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes.
Regulations - Colorado's Secretary of State, 1700 Broadway,
Denver, CO 80290; Attn: Code of Colorado Regulations and
Administrative Rules; Phone number: (303) 894-2200 ext. 6418;
email: [email protected]; website:
https://www.sos.state.co.us/CCR/Welcome.do.
Connecticut
(a) The statutory provisions include Connecticut's General
Statutes, Chapter 446k, Section 22a-449(d), Duties and Powers of
Commissioner, January 1, 1995.
(b) The regulatory provisions include Regulations of Connecticut
State Agencies (“R.C.S.A.”) Sections 22a-449(d)-101 through 113,
Underground Storage Tank System Management, July 28, 1994:
Section 22a-449(d)-101 Technical Standards and Corrective Action
Requirements for Owners and Operators of Underground Storage Tanks
- Program Scope and Interim Prohibition
(a) Applicability of Sections 22a-449(d)-101 through
22a-449(d)-113.
(b) Interim Prohibition for deferred UST systems.
(c) General.
(d) Definition.
Section 22a-449(d)-102 UST Systems: Design, Construction,
Installation, and Notification
(a) Performance standards for new UST systems.
(b) Notification Requirements.
Section 22a-449(d)-103 General Operating Requirements
(a) Spill and overflow control.
(b) Operating and maintenance of corrosion protection.
(c) Compatibility.
(d) Repairs allowed.
(e) Reporting and recordkeeping.
Section 22a-449(d)-104 Release Detection
(a) General requirements for all UST systems.
(b) Additional requirements.
(c) Requirements for petroleum UST systems.
(d) Requirements for hazardous substance UST systems.
(e) Methods of release detection for tanks.
(f) Methods of release detection for piping.
(g) Release detection recordkeeping.
Section 22a-449(d)-105 Release Reporting, Investigation, and
Confirmation
(a) Reporting of suspected releases.
(b) Investigation due to off-site impacts.
(c) Release investigation and confirmation steps.
(d) Reporting and cleanup of spills and overfills.
Section 22a-449(d)-106 Release Response and Corrective Action for
UST Systems Containing Petroleum or Hazardous Substances
(a) General.
(b) Additional requirements.
(c) Initial response.
(d) Initial abatement measures and site check.
(e) Initial site characterization.
(f) Free product removal.
(g) Investigations for soil and ground-water cleanup.
(h) Corrective action plan.
(i) Public participation.
Section 22a-449(d)-107 Out-of-service UST Systems and Closure
(a) Temporary closure.
(b) Permanent closure.
(c) Assessing the site at closure.
(d) Applicability to previously closed UST systems.
(e) Closure records.
Section 22a-449(d)-108 Reserved Section 22a-449(d)-109 Financial
Responsibility
(a) Applicability.
(b) Compliance dates.
(c) Definition of terms.
(d) Amount and scope of required financial responsibility.
(e) Allowable mechanisms and combinations of mechanisms.
(f) Financial test of self-insurance.
(g) Guarantee.
(h) Insurance risk retention group coverage.
(i) Surety bond.
(j) Letter of credit.
(k) Use of state-required mechanism.
(l) State fund and other state assurance.
(m) Trust fund.
(n) Standby trust fund.
(o) Substitution of financial assurance mechanisms by owner or
operator.
(p) Cancellation or non-renewal by a provider of financial
assurance.
(q) Reporting by owner or operator.
(r) Record keeping.
(s) Drawing of financial assurance mechanisms.
(t) Release from the requirements.
(u) Bankruptcy or other incapacity of owner or operator or
provider of financial assurance.
(v) Replenishment of guarantees, letters of credit, or, surety
bonds.
(w) Suspension of enforcement. [Reserved]
(x) 40 CFR Part 280 Appendix I is incorporated by reference, in
its entirety.
(y) Appendix II to 40 CFR Part 280 - List of Agencies Designed
to Receive Notification.
(z) Appendix III to 40 CFR Part 280 - Statement for Shipping
Tickets and Invoices.
Section 22a-449(d)-110 UST system upgrading, abandonment and
removal date
(a) Petroleum UST system of which construction or installation
began prior to November 1, 1985.
(b) Hazardous substance UST system of which construction or
installation began prior to December 22, 1988.
(c) UST systems which comply with the standards specified in
subsection 22a-449(d)-102(a) of these regulations.
Section 22a-449(d)-111 Life Expectancy
(a) How life expectancy determinations shall be conducted
(b) Life expectancy shall be as follows:
(c) The life expectancy of an UST system component.
Section 22a-449(d)-112 UST System Location Transfer Section
22a-449(d)-113 Transfer of UST System Ownership, Possession, or
Control
(a) Disclosure to transferee.
(b) Information submitted to the commissioner pursuant to
section 22a-449(d)-102 of these regulations.
Georgia
(a) The statutory provisions include: Official Code of
Georgia Annotated (2017), Title 12: “Conservation and Natural
Resources,” Chapter 13, “Georgia Underground Storage Tank Act”:
Section 12-13-1 Short title.
Section 12-13-2 Public policy.
Section 12-13-3 Definitions, except (8) and (16).s
Section 12-13-4 Exceptions to chapter.
Section 12-13-9 Establishing financial responsibility; claims
against the guarantor; Underground Storage Tank Trust Fund, except
(d) through (i).
Section 12-13-13 Notification by owner of underground storage
tank, except (e).
(b) The regulatory provisions include: Rules and Regulations
of the State of Georgia (November 6, 2017), Department 391:
“Rules of the Georgia Department of Natural Resources,” Chapter 3,
“Environmental Protection,” Subject 15, “Underground Storage Tank
Management”:
Section 391-3-15-.01(3) General Provisions
Section 391-3-15-.02 UST Exclusions.
Section 391-3-15-.03 Definitions, except (1)(a), (1)(g), (1)(i),
and (1)(p) through (r).
Section 391-3-15-.05 UST Systems: Design, Construction,
Installation, and Notification, except (4).
Section 391-3-15-.06 General Operating Requirements.
Section 391-3-15-.07 Release Detection.
Section 391-3-15-.08 Release Reporting, Investigation, and
Confirmation.
Section 391-3-15-.09 Release Response and Corrective Action for
UST Systems Containing Petroleum, except (5) and (7).
Section 391-3-15-.10 Release Response and Corrective Action for
UST Systems Containing Hazardous Substances.
Section 391-3-15-.11 Out-of-Service UST Systems and Closure.
Section 391-3-15-.12 Underground Storage Tanks Containing
Petroleum; Financial Responsibility Requirements, except (3).
Section 391-3-15-.16 Operator Training.
Section 391-3-15-.17 Airport Hydrant Systems and Field
Constructed Tanks.
(c) Copies of the Georgia statutes that are incorporated by
reference are available from LexisNexis, Attn: Official Code of
Georgia Annotated, 701 East Water Street, Charlottesville, VA
22902-5389; Phone number: 1-800-833-9844; website:
http://sos.ga.gov/index.php/elections/georgia_code_-_lexisnexis.
Copies of the Georgia regulations that are incorporated by
reference are available from the Administrative Procedures
Division, Office of the Georgia Secretary of State, 5800 Jonesboro
Road, Morrow, Georgia 30260; Phone number: (678) 364-3785; website:
http://rules.sos.ga.gov/gac/391-3-15.
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage
Tanks.
Section 342L-1 Definitions (except “complaint” insofar as it sets
forth enforcement authorities; “owner” insofar as it includes
persons who hold indicia of ownership to protect an interest in a
tank system; “permit” insofar as it sets forth a permitting
program; and “regulated substance” insofar as it includes other
substances as designated by the Department) Section 342L-7.5 Record
maintenance Section 342L-30 Notification requirements (except
paragraph (i) of this section insofar as it grants the Department
authority to assess penalties for noncompliance) Section 342L-32
Standards for tanks and tank systems Section 342L-33 Release
detection Section 342L-34 Reporting of releases Section 342L-35
Response to suspected or confirmed releases Section 342L-36
Financial responsibility Section 342L-37 Underground storage tank
and tank system change in service and closure requirements Section
342L-50 Definitions (except “owner” insofar as it defines lenders
as operators and subjects such lenders to requirements other than
the corrective action requirements)
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-1 Definitions Section 342D-4 Duties; rules Section
342D-7 Variances (Insofar as paragraph (a) of this appendix is
applicable to the underground storage tank program) Section 342D-38
Hazardous substance defined Section 342D-50 Prohibition Section
342D-51 Affirmative duty to report discharges (3) Hawaii Revised
Statutes, Chapter 342E, Nonpoint Source Pollution Management and
Control. Section 342E-1 Definitions Section 342E-2 Nonpoint source
pollution management and control program
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground
Storage Tanks
Section 11-281-01 Applicability Section 11-281-02 Prohibition for
deferred underground storage tanks or tank systems Section
11-281-03 Definitions (except “complaint” insofar as it sets forth
enforcement authorities; “farm tank” insofar as it regulates tanks
on farms that are not used for farm or commercial purposes; “field
citation” and “force majeure” insofar as they relate to the
Department's enforcement authorities; “regulated substance” insofar
as the Department can designate other substances; “reportable
quantity” insofar as it sets forth a reporting threshold of 10 lbs.
for trichloropropane; and “underground storage tank” insofar as its
designation of farm tanks exceeds the scope of the federal
regulations) Section 11-281-11 Performance standards for
underground storage tanks and tank systems Section 11-281-12 Tank
requirements Section 11-281-13 Piping requirements Section
11-281-14 Spill and overfill prevention equipment Section 11-281-15
Installation Section 11-281-16 Certification of installation
Section 11-281-17 Secondary containment Section 11-281-18 Upgrading
of existing underground storage tanks and tank systems Section
11-281-21 Notification requirements for tanks brought into use
before the effective date of these rules Section 11-281-22
Notification requirements for tanks brought into use on or after
the effective date of these rules Section 11-281-24 Application for
a permit (except insofar as paragraphs (a), (b), (c)(3), and (c)(4)
of this section relate to the permitting program) Section 11-281-25
Permit (except insofar as paragraphs (a) and (b) of this section
relate to the permitting program) Section 11-281-41 Spill and
overfill control Section 11-281-42 Operation and maintenance of
corrosion protection systems Section 11-281-43 Compatibility
Section 11-281-44 Repairs Section 11-281-45 Reporting and
recordkeeping (except paragraph (b)(3) of this section insofar as
it addresses posting of signs; and paragraph (c)(6) insofar as it
requires maintenance of permit records) Section 11-281-51 General
requirements for all underground storage tanks or tank systems
Section 11-281-52 Methods of release detection for tanks Section
11-281-53 Methods of release detection for piping Section 11-281-54
Release detection recordkeeping Section 11-281-61 Reporting of
suspected releases Section 11-281-62 Investigation of off-site
impacts Section 11-281-63 Release investigation and confirmation
steps Section 11-281-64 Reporting and cleanup of spills and
overfills Section 11-281-71 General Section 11-281-72 Immediate
response actions Section 11-281-74 Initial abatement measures and
site assessment Section 11-281-75 Initial site characterization
Section 11-281-76 Free product removal Section 11-281-77
Investigation of soil and ground water contamination Section
11-281-78 Site cleanup criteria Section 11-281-78.1 Notification of
confirmed releases Section 11-281-79 Corrective action plan Section
11-281-80 Public participation for corrective action plans [except
paragraph (j) insofar as it sets forth enforcement authorities]
Section 11-281-80.1 Reporting and recordkeeping Section 11-281-81
Temporary closure Section 11-281-82 Permanent closure and
change-in-service Section 11-281-83 Site assessment Section
11-281-84 Previously closed underground storage tanks or tank
systems Section 11-281-85 Closure records Section 11-281-91
Applicability Section 11-281-93 Definition of terms Section
11-281-94 Amount and scope of required financial responsibility
Section 11-281-95 Allowable mechanisms and combinations of
mechanisms Section 11-281-96 Financial test of self-insurance
Section 11-281-97 Guarantee Section 11-281-98 Insurance and risk
retention group Section 11-281-99 Surety bond Section 11-281-100
Letter of credit Section 11-281-101 Trust fund Section 11-281-102
Standby trust fund Section 11-281-103 Local government bond rating
test Section 11-281-104 Local government financial test Section
11-281-106 Local government guarantee Section 11-281-107 Local
government fund Section 11-281-108 Substitution of financial
assurance mechanisms by owner or operator Section 11-281-109
Cancellation or nonrenewal by a provider of financial assurance
Section 11-281-110 Reporting by owner or operator Section
11-281-111 Recordkeeping Section 11-281-112 Drawing on financial
assurance mechanisms Section 11-281-113 Release from financial
responsibility Section 11-281-114 Bankruptcy or other incapacity of
owner or operator or provider of financial assurance Section
11-281-115 Replenishment of guarantees, letters of credit, or
surety bonds Section 11-281-131 Appendices I and III (Notification
for Underground Storage Tanks, June 1999 and Certification of
Underground Storage Tank Installation, June 1999)
(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste
Management: Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities, Subpart J, Tank
Systems.
Section 11-264-190 Applicability Section 11-264-191 Assessment of
existing tank system's integrity Section 11-264-192 Design and
installation of new tank systems or components Section 11-264-193
Containment and detection of releases Section 11-264-194 General
operating requirements Section 11-264-195 Inspections Section
11-264-196 Response to leaks or spills and disposition of leaking
or unfit-for use tank systems Section 11-264-197 Closure and
post-closure care Section 11-264-198 Special requirements for
ignitable or reactive wastes Section 11-264-199 Special
requirements for incompatible wastes Section 11-264-200 Air
emission standards Idaho
(a) The statutory provisions include:
(1) Idaho Code, Title 39, “Health and Safety,” Chapter 1,
“Environmental Quality - Health”: Section 39-103, “Definitions,”
39-103(3), (6), (7), (11), (12), (15)-(18); Section 39-107, “Board
- Composition - Officers - Compensation - Powers - Subpoena -
Depositions - Review - Rules,” 39-107(7).
(2) Idaho Code, Title 39, “Health and Safety,” Chapter
88, “Idaho Underground Storage Tank Act”: Sections 39-8803,
“Definitions,” -8804, “Program Scope,” -8805, “Rules Governing
Underground Storage Tank Systems,” -8805A, “Compliance Dates for
Certain Rules,” -8806, “Additional Measures to Protect Ground
Water,” -8807, “Operator Training,” -8808, “Inspections,” -8809,
“Delivery Prohibition,” and -8810, “Underground Storage Tank
Database.”
(b) The regulatory provisions include:
(1) Idaho Administrative Code 58, Title 01, Chapter
07:
Section 004 Incorporation by Reference; Section 010 Definitions
(except 010.16, defining “Replace”); Section 100 Additional
Measures to Protect Ground Water from Contamination (except
100.01-.03); Section 101 Alternative Periodic Testing of
Containment Sumps Used for Interstitial Monitoring of Piping;
Section 300 Training Requirements.
(2) Idaho Administrative Code 58, Title 01, Chapter
24.
(c) Copies of the Idaho provisions that are incorporated by
reference are available from Idaho's Office of Administrative Rules
Coordinator, P.O. Box 83720, Boise, ID 83720; Phone number:
208-332-1820; website: https://adminrules.idaho.gov/.
Iowa
(a) The statutory provisions include Code of Iowa, 1993; Chapter
455B, Jurisdiction of Department:
Section 101 - Definitions Section 103 - Director's duties, except
for 455B.103(4) Section 105 - Powers and duties of the commission,
except for 105(5), 105(11)a(3) and 105(11)b Section 471 -
Definitions Section 472 - Declaration of policy Section 473 -
Report of existing and new tanks - fee Section 473A - Petroleum
underground storage tank registration amnesty program Section 474 -
Duties of Commission - rules Section 479 - Storage tank management
fee, except for the 2nd and 3rd sentences
(b) The regulatory provisions include Iowa Administrative Code,
1993, Rule 567, Environmental Protection Commission:
Chapter 131.1 - Definitions Chapter 131.2 - Report of Hazardous
Conditions Chapter 133.1 - Scope Chapter 133.2 - Definitions
Chapter 133.3 - Documentation of contamination and source Chapter
133.4 - Response to contamination Chapter 133.5 - Report to
commission Chapter 135.1 - Authority, purpose and applicability
Chapter 135.2 - Definitions Chapter 135.3 - UST systems - design,
construction, installation, and notification, except for 135.3(4)a,
3(4)b and 3(4)c Chapter 135.4 - General operating requirements
Chapter 135.5 - Release detection Chapter 135.6 - Release
reporting, investigation, and confirmation Chapter 135.7 - Release
response and corrective action for UST systems containing petroleum
or hazardous substances Chapter 135.8 - Site cleanup report Chapter
135.9 - Out-of-service UST systems and closure Chapter 135.10 -
Laboratory analytical methods for petroleum contamination of soil
and groundwater Chapter 135.11 - Evaluation of ability to pay
Chapter 136.1 - Applicability Chapter 136.2 - Compliance dates
Chapter 136.3 - Definition of terms Chapter 136.4 - Amount and
scope of required financial responsibility Chapter 136.5 -
Allowable mechanisms and combinations of mechanisms Chapter 136.6 -
Financial test of self-insurance Chapter 136.7 - Guarantee Chapter
136.8 - Insurance and risk retention group coverage Chapter 136.9 -
Surety bond Chapter 136.10 - Letter of credit Chapter 136.11 -
Trust fund Chapter 136.12 - Standby trust fund Chapter 136.13 -
Local government bond rating test Chapter 136.14 - Local government
financial test Chapter 136.15 - Local government guarantee Chapter
136.16 - Local government fund Chapter 136.17 - Substitution of
financial assurance mechanisms by owner or operator Chapter 136.18
- Cancellation or nonrenewal by a provider of financial assurance
Chapter 136.19 - Reporting by owner or operator Chapter 136.20 -
Record keeping Chapter 136.21 - Drawing on financial assurance
mechanisms Chapter 136.22 - Release from the requirements Chapter
136.23 - Bankruptcy or other incapacity of owner or operator or
provider of financial assurance Chapter 136.24 - Replenishment of
guarantees, letters of credit, or surety bonds. Kansas
(a) The statutory provisions include Kansas Statutes Annotated,
1992; Chapter 65, Public Health; Article 34, Kansas Storage Tank
Act:
Section 100 Statement of legislative findings Section 101 Citation
of Act Section 102 Definitions Section 103 Exceptions to
application of Act Section 104 Notification Section 105 Rules and
regulations, except for 65-34, 105 (a)(2), (a)(8), (a)(11), (a)(12)
and the following words in (a)(13), “and aboveground storage tanks
in existence on July 1, 1992” and “and aboveground storage tanks
placed in service prior to July 1, 1992” Section 106 Permits to
construct, install, modify, or operate storage tank, except for the
following words in 65-34, 106(a), “and any aboveground storage tank
registered with the department on July 1, 1992” Section 107
Evidence of financial responsibility required; limitation of
liability Section 115 Liability for costs of corrective action
Section 118 Corrective action; duties of owners and operators;
duties of Secretary; consent agreement; contents, except for the
following words in 65-34, 118(b), “or from the aboveground fund if
the release was from an aboveground petroleum storage tank.” and
“or from the aboveground fund, if the release was from an
aboveground petroleum storage tank.”
(b) The regulatory provisions include Kansas Administrative
Regulations, 1992; Chapter 28, Department of Health and
Environment; Article 44, Petroleum Products Storage Tanks:
Section 12 General provisions Section 13 Program scope and interim
prohibition Section 14 Definitions Section 15 Application for
installation or modification of an underground storage tank Section
16 Underground storage tank systems: design, construction,
installation and notification Section 17 Underground storage tank
operating permit Section 19 General operating requirements Section
23 Release detection, except for 28-44-23(b)(5) Section 24 Release
reporting, investigation, and confirmation Section 25 Release
response and corrective action for underground storage tank systems
containing petroleum or hazardous substances Section 26
Out-of-service underground storage tank systems and closure Section
27 Financial responsibility Louisiana
(a) The regulatory provisions include:
Louisiana Administrative Code, Title 33, Part XI. Underground
Storage Tanks; effective September 20, 2018:
1. Chapter 1. Program Applicability and Definitions Section 101.
Applicability Section 103. Definitions except for sections a.i, iv,
and v of the definition of
owner; and the definitions of
on staff, registered tank, response action contractor, and
technical services 2. Chapter 3. Registration Requirements,
Standards, and Fee Schedule Section 301. Registration Requirements,
all sections except 301.C.6 Section 303. Standards for UST Systems
Section 305. Installation Requirements for Partially-Deferred UST
Systems 3. Chapter 5. General Operating Requirements Section 501.
Spill and overfill Control Section 503. Operation and Maintenance
of Corrosion Protection Section 505. Compatibility Section 507.
Repairs Allowed Section 509. Reporting and Recordkeeping Section
511. Periodic Testing of Spill Prevention Equipment and Containment
Sumps used for Interstitial Monitoring of Piping and Periodic
Inspection of Overfill Prevention Equipment Section 513. Periodic
Operation and Maintenance Walkthrough Inspection 4. Chapter 6.
Training Requirements for Underground Storage Tank System Operators
Section 601. Purpose Section 603. Underground Storage Tank Operator
Classes Section 605. Acceptable UST Operator Training and
Certification Processes Section 607. Underground Storage Tank
Operator Training Deadlines Section 609. Underground Storage Tank
Operator Training Frequency Section 611. Documentation of
Underground Storage Tank Operator Training 5. Chapter 7. Methods of
Release Detection and Release Reporting, Investigation,
Confirmation, and Response Section 701. Methods of Release
Detection Section 703. Requirements for Use of Release Detection
Methods Section 705. Release Detection Recordkeeping Section 707.
Reporting of Suspected Releases Section 709. Investigation Due to
Off-Site Impacts Section 711. Release Investigation and
Confirmation Steps Section 713. Reporting and Cleanup of Spills and
Overfills Section 715. Release Response and Corrective Action for
UST Systems Containing Petroleum, Motor Fuel, or Hazardous
Substances, all sections except the last sentence of 715.A, and
715.H 6. Chapter 8. UST Systems with Field-Constructed tanks and
Airport Hydrant Fuel Distribution Systems Section 801. General
Requirements Section 803. Additions, Exceptions, and Alternatives
for UST Systems with Field-Constructed Tanks and Airport Hydrant
Systems 7. Chapter 9. Out-of-Service UST Systems and Closure
Section 901. Applicability to Previously Closed UST Systems Section
903. Temporary Closure Section 905. Permanent Closure and
Changes-in-Service Section 907. Assessing the Site at Closure or
Change-in-Service 8. Chapter 11. Financial responsibility Section
1101. Applicability Section 1103. Compliance Dates Section 1105.
Definition of Terms Section 1107. Amount and Scope of Required
Financial Responsibility Section 1109. Allowable Mechanisms and
Combinations of Mechanisms Section 1111. Financial Test of
Self-Insurance Section 1113. Guarantee Section 1115. Insurance and
Risk Retention Group Coverage Section 1117. Surety Bond Section
1119. Letter of Credit Section 1123. Trust Fund Section 1125.
Standby Trust Fund Section 1127. Substitution of Financial
Assurance Mechanisms by Owner or Operator Section 1129.
Cancellation or Nonrenewal by a Provider of Financial Assurance
Section 1131. Reporting by Owner or Operator Section 1133.
Recordkeeping Section 1135. Drawing on Financial Assurance
Mechanisms Section 1137. Release from the Requirements Section
1139. Bankruptcy or Other Incapacity of Owner or Operator or
provider of Financial Assurance Section 1141. Replenishment of
Guarantees, Letters of Credit, or Surety Bonds
(b) Copies of the Louisiana UST regulations that are
incorporated by reference are available from the Louisiana Office
of the State Register, P.O. Box 94095, Baton Rouge, LA 70804-9095;
Phone number: (225) 342-5015; website:
https://www.doa.la.gov/Pages/osr/lac/LAC-33.aspx; or
Louisiana Department of Environmental Quality's website:
http://www.deq.louisiana.gov/resources/category/regulations-lac-title-33.
Maine
(a) The statutory provisions include:
Maine Revised Statutes Annotated, Title 38. Waters and Navigation
1. Chapter 2.
Department of Environmental Protection,
Subchapter 1. Organization and Powers
Section 341-A. Department of Environmental Protection, Section
341-H. Departmental rulemaking, Section 342-B. Liability of
fiduciaries and lenders, Section 343-E. Voluntary response action
program, Section 347-C. Right of inspection and entry.
2. Chapter 3.
Protection and Improvement of Waters,
Subchapter 2-A. Oil Discharge Prevention and Pollution Control
Section 541. Findings; purpose, Section 542. Definitions,
Section 543. Pollution and corruption of waters and lands of the
State prohibited, Section 548. Removal of prohibited
discharges.
3. Chapter 3.
Protection and Improvement of Waters,
Subchapter 2-B. Oil Storage Facilities and Ground Water Protection.
Section 561. Findings, purpose, Section 562-A. Definitions,
Section 563. Registration and inspection of underground oil storage
tanks and piping, except 9., Section 563-A. Prohibition of
nonconforming underground oil storage facilities and tanks, Section
563-B. Regulatory powers of department, Section 564. Regulation of
underground oil storage facilities used to store motor fuels or
used in the marketing and distribution of oil, except 5., Section
566-A. Abandonment of underground oil storage facilities and tanks,
Section 567-A. Certifications, Section 568. Cleanup and removal of
prohibited discharges, except 3. and 4., Section 568-A. Fund
coverage requirements, Section 568-B. Clean-up and Response Review
Board created, Section 569-C. Limited exemption from liability for
state or local governmental entities, Section 570. Liability,
Section 570-F. Special provisions, Section 570-K. Aboveground oil
storage facilities, Section, Section 570-N. Rules, wastewater
treatment tank systems.
4. Chapter 13-D: Wellhead Protection.
Section 1391. Declaration of Policy, Section 1392. Definitions,
Section 1393. Prohibition on installation of facilities in wellhead
protection zones, Section 1394. Variances, Section 1398.
Eligibility for Clean-up funds, Section 1399. Municipal authority,
Section 1400. Rules.
(b) The regulatory provisions include:
1. 06-096, Maine Department of Environmental Protection,
Chapter 691, Rule for Underground 4il Storage Facilities:
(effective September 26, 2018).
Section 1. Legal Authority, Section 2. Preamble; Section 3.
Definitions, Section 4. Registration of Underground Storage
Facilities, except O; Section 5. Regulation of Underground Oil
Storage Facilities Used to Store Motor Fuels or Used in the
Marketing and Distribution of Oil, except B. (4)(a), (d), (g), (h),
and (j); (5)(b); D. (3)(f); (6)(b); (11)(e); (14)(c); (15)(f)(vii);
(17); (19)(b); and F.; Section 7. Regulation of Facilities for the
Underground Storage of Waste Oil, except B. (7); Section 8.
Regulation of Field Constructed Underground Oil Storage Tanks,
except B. (1)(d) and (e) and (4)(b), (d), and (e); Section 9.
Regulation of Facilities for the Underground Storage of Heavy Oils,
except B.; Section 10. Regulation of Airport Hydrant Systems,
except B. (1)(c); (3)(b), (f), and (h); and D. (2); Section 11.
Regulations for Closure of Underground Oil Storage Facilities;
Section 12. Discharge and Leak Investigation, Response and
Corrective Action Requirements, except A. (3); Section 13.
Regulation of Wastewater Treatment Tank Systems and Aboveground Oil
Storage Tanks, APPENDIX A: Requirements for Cathodic Protection
Monitoring, APPENDIX B: Requirements for Tank, Piping and
Containments Sump Tightness Tests, APPENDIX C: Requirements for
Pneumatic (Air) and other Pre installation Tightness Testing,
APPENDIX D: Installation Requirements Applicable to New and
Replacement Tanks, APPENDIX E: Installation Requirements for New
and Replacement Piping, APPENDIX F: Specifications and Requirements
for Vertical Ground Water Monitoring Wells at Existing Facilities,
APPENDIX H: Procedures for Weekly Monitoring, Handling, and
Obtaining Samples for Laboratory Analysis, APPENDIX I: Sample Daily
Inventory Reporting Log, APPENDIX J: Requirements for Abandonment
of Underground Oil Storage Tanks by Removal, APPENDIX K:
Requirements for Abandonment of Underground Oil Storage Tanks by
Filling in Place, APPENDIX L: Requirements for Underground Oil
Storage Tank Processing Facilities, APPENDIX M: Cathodic Protection
Tester Certification Requirements, APPENDIX N: Corrosion Expert
Certification Requirements, APPENDIX P: Requirements for Site
Assessment at Facility Closure or Tank Abandonment, APPENDIX Q:
Characterization and Notification Requirements, APPENDIX R: List of
National Standards and Codes Cites, APPENDIX S: Department Approved
Laboratory Analytical Methods and Performance Standards for
Analysis of Oil and its Constituents in Water, Soil, Soil Gas and
Indoor Air, APPENDIX T: Containment Sumps & Spill Bucket Integrity
Testing Protocol & Management of Waste Fluids.
2. 06-096, Department of Environmental Protection; Chapter 693:
Operator Training for Underground Oil, Hazardous Substance, and
Field Constructed Underground Oil Storage Facilities, and Airport
Hydrant Systems (effective September 26, 2018) only insofar as they
pertain to the regulation of underground storage tanks in Maine and
only insofar as they are incorporated by reference and are not
broader in scope than the Federal requirements.
Massachusetts
(a) The statutory provisions include:
Massachusetts General Laws, Part I, Title II
1. Chapter 21E, Massachusetts Oil and Hazardous Material
Release Prevention and Response Act
Section 1: Short title; Section 2: Definitions; Section 3:
Implementation; regulations; response actions; Section 7: Notice of
release or threat of release.
2. Chapter 21O, Operation and Removal of Underground Storage
Tanks
Section 2: Notification of operation of underground storage
tanks; definitions; Section 3: Notification of operation of
underground storage tanks; requirements; exceptions; Section 5:
Notification of operation of underground storage tanks; regulations
for requirements and standards of tanks;
(b) The regulatory provisions include:
1. Code of Massachusetts Regulations, Title 310 CMR Chapter
80, Underground Storage Tank Systems: (effective January 2,
2015)
General Provisions Section, 80.01: Authority; 80.02: Purpose;
80.03: Definitions; 80.04: Applicability, (1) through (13), except
(6)(c), and (8) through (12); 80.05: Rules of Construction; 80.06:
Computation of Time; 80.07: Accurate and Timely Submittals to the
Department and Record Keeping; 80.08: Accurate and Complete Record
Keeping; 80.09: Accurate Monitoring; 80.11: Submittals to the
Department.
Design, Construction and Installation Requirements Section,
80.14: General Requirements; 80.15: General Prohibitions; 80.16:
Installation Requirements, except (7); 80.17: Specifications for
Tanks; 80.18: Specifications for Regulated Substance Piping; 80.19:
Leak Detection; 80.20: Requirements for Turbine, Intermediate and
Dispenser Sumps; 80.21: Requirements for Spill Buckets and Overfill
Prevention Equipment; 80.22: Requirements for Corrosion
Protection.
General Operating Requirements Section, 80.23: Requirements for
Registration and Reporting; 80.24: General Requirements; 80.25:
Requirements for a UST system or UST Component Emergency Response;
80.26: Requirements for Leak Detection Systems; 80.27: Requirements
for Turbine, Intermediate and Dispenser Sumps; 80.28: Requirements
for Spill Buckets and Overfill Prevention Equipment; 80.29:
Requirements for Corrosion Protection; 80.30: Requirements for
Compatibility; 80.31: Requirements for Inventory Monitoring; 80.32:
Requirements for Tank and Pipe/Line Tightness Testing; 80.33:
Requirements for Repairs and Replacements; 80.35: Requirements for
Monthly Inspections; 80.36: Requirements for Recordkeeping.
Leakage and Release: Response, Reporting and Remediation
Section, 80.38: Response to a Release; 80.39: Response to Leakage;
80.40: Reportable Releases.
Change-In-Product, Out of Service Systems and Closure Section,
80.41: Requirements for Change-in-product; 80.42: Requirements for
Taking a UST System Temporarily Out-of-service; 80.43: Requirements
for Removal and Permanent Closure In-place; 80.44: Requirements for
Out-of-use UST Systems; 80.45: Requirements for Bringing Out-of-use
UST Systems Back into Service; 80.46: Requirements for Previously
Closed-in-place UST Systems; 80.47: Standards for Cleaning and
Closure.
Financial Responsibility Section, 80.51: Definitions; 80.52:
Requirements for Amount and Scope of Financial Responsibility;
80.53: Allowable Mechanisms and Combinations of Mechanisms; 80.54:
Requirements for Financial Responsibility Mechanisms; 80.55:
Requirements for a Standby Trust; 80.56: Substitution of Financial
Assurance Mechanisms by Owner or Operator; 80.57: Cancellation or
Nonrenewal by a Provider of Financial Assurance; 80.58:
Requirements for Reporting by Owner or Operator; 80.59:
Requirements for Recordkeeping; 80.60: Requirements for Drawing on
Financial Assurance Mechanisms; 80.61: Release from Financial
Responsibility Requirements; 80.62: Bankruptcy or Other Incapacity
of Owner or Operator or Provider of Financial Assurance; 80.63:
Requirements for Replenishment of Local Government Guarantees,
Letters of Credit, or Surety Bonds.
2. Code of Massachusetts Regulations, Title 310 CMR Chapter
40: Massachusetts Contingency Plan (effective April 24, 2014)
only insofar as they pertain to the regulation of underground
storage tanks in Massachusetts and only insofar as they are
incorporated by reference and are not broader in scope than the
federal requirements. Note that reserved sections of 310 CMR
40.0000 et seq. are not incorporated by reference:
Subpart A: General Provisions, except 40.0010 through 40.0013,
40.0016, 40.0019 through 40.0021, 40.0050, 40.0051; Subpart B:
Organization and Responsibilities, except 40.0160, 40.0165,
40.0166, 40.0169, 40.0171); Subpart C: Notification of Releases and
Threats of Release of Oil and Hazardous Material; Identification
and Listing of Oil and Hazardous Material; Subpart D: Preliminary
Response Actions and Risk Reduction Measures; Subpart E: Tier
Classification and Response Action Deadlines; Subpart H:
Comprehensive Response Actions; Subpart I: Risk Characterization;
Subpart J: Permanent and Temporary Solutions; Subpart K: Audits;
Subpart L: Cost Recovery, Lien Hearings and Petitions for
Reimbursement of Incurred Costs; Subpart M: Administrative Record;
Subpart N: Public Involvement and Technical Assistance Grants.
(c) Official copies of the Massachusetts statutes and
regulations that are incorporated by reference, are available at:
State Bookstore, State House, Room 116, Boston, MA 02133; Phone
number: 617-727-2834; Hours: Monday-Friday, 8:45 a.m. to 5:00 p.m.;
website:
http://www.sec.state.ma.us/spr/sprcat/catidx.htm.
Minnesota
(a) The statutory provisions include:
(1) Minnesota Statutes, Chapter 13, Government Data
Practices
M. S. 13.01 Government Data M. S. 13.02 Collection, security, and
dissemination of records; definitions M. S. 13.03 Access to
government data M. S. 13.04 Rights of subjects of data M. S. 13.05
Duties of responsible authority M. S. 13.06 Temporary
classification M. S. 13.07 Duties of the commissioner M. S. 13.3806
Public health data coded elsewhere; subd. 1-3, 6, 10, 20: Scope;
Certain epidemiologic studies; Public health studies; Health
records; Health threat procedures; Hazardous substance exposure M.
S. 13.741 Pollution control; environmental quality data M. S.
13.7411 Pollution control and environmental quality data coded
elsewhere; subd. 1-3, 5-7: Scope; Environmental audits, performance
schedules; Office of environmental assistance; Environmental
response and liability; Petroleum tank release; Toxic pollution
prevention plans
(2) Minnesota Statutes, Chapter 115, Water Pollution Control;
Sanitary Districts
M. S. 115.01 Definitions M. S. 115.061 Duty to notify and avoid
water pollution
(3) Minnesota Statutes, Chapter 115B, Environmental Response
and Liability
M. S. 115B.17 State Response to Releases; subd. 1-3, 12-14: Removal
and remedial action; Other actions; Cleanup standards; Public
notice of proposed response actions; Duty to provide information;
Authorization of certain response actions; Priorities; rules;
Requests for review, investigation, and oversight
(4) Minnesota Statutes, Chapter 115C, Petroleum Tank Release
Cleanup
M. S. 115C.01 Citation M. S. 115C.02 Definitions M. S. 115C.021
Responsible person M. S. 115C.03 Response to releases [except subd.
10 insofar as it applies to contractors and consultants, who are
not regulated under the federal program.] M. S. 115C.06 Effect on
other law M. S. 115C.07 Petroleum tank release compensation board
M. S. 115C.08 Petroleum tank fund [except subd. 3, which imposes a
petroleum tank release cleanup fee on petroleum distributors] M. S.
115C.09 Reimbursement [except subd. 5(b) and 6, which set forth
enforcement authorities] M. S. 115C.092 Tank Removals; Payment for
pre-removal site assessment
(5) Minnesota Statutes, Chapter 115E, Oil and Hazardous
Substance Discharge Preparedness
M. S. 115E.01 Definitions M. S. 115E.02 Duty to prevent discharges
(6) Minnesota Statutes, Chapter 116, Pollution Control
Agency
M. S. 116.06 Definitions M. S. 116.46 Definitions [except subd. 8,
insofar as it includes vessels, enclosures, or structures - which
are exempt from the federal program - in the definition of UST.] M.
S. 116.47 Exemptions [except insofar as paragraph (2) does not
exclude from regulation tanks of 1,100 gallon capacity or more used
to store heating oil for consumptive purposes] M. S. 116.48
Notification requirements [except subd. 1(b), insofar as it
requires owners of aboveground storage tanks (ASTs) to notify the
agency of the tank's status; subd. 2 and 6, insofar as they impose
requirements on owners of ASTs; subd. 3, insofar as it imposes
notification requirements on owners of ASTs removing a tank from
service or changing the tank's service; subd. 4, insofar as it
places notification requirements on persons transferring the title
to regulated substances to be placed directly into an UST; and
subd. 5, insofar as it imposes notification requirements on sellers
of ASTs.] M. S. 116.49 Environmental protection requirements
(7) Minnesota Statutes, Chapter 299F, Fire Marshal
M. S. 299F.011 Uniform Fire Code; adoption; subd. 1, 3, 4:
Authority; Rules for code administration and enforcement;
Applicability; local authority M. S. 299F.19 Flammable liquids and
explosives; subd. 1: Rules
(b) The regulatory provisions include:
(1) Minnesota Rules, Chapter 2890, Petroleum Tank
Releases
2890.0010 Definitions 2890.0060 Reimbursement of Costs 2890.0065
Reduction of Reimbursement Amount 2890.0070 Eligible Costs
2890.0071 Ineligible Costs 2890.0072 Overview of Rules Governing
Reasonableness of Costs for Consultant Services 2890.0073
Definitions Related to Consultant Services 2890.0074 Written
Proposal and Invoice Required for Consultant Services 2890.0075
Reasonableness of Work Performed; Standard Tasks for Each Step of
Consultant Services 2890.0076 Maximum Costs for Consultant Services
2890.0077 Competitive Bidding Requirements for Consultant Services
Proposals 2890.0078 Deviations from Standard Tasks and Maximum
Costs for Consultant Services 2890.0079 Reasonable, Necessary, and
Actual Consultant Services Costs 2890.0080 Overview of Rules
Governing Reasonableness of Costs for Contractor Services 2890.0081
Definitions Related to Contractor Services 2890.0082 Maximum Costs
for Contractor Services 2890.0083 Competitive Bidding Requirements
for Contractor Services 2890.0084 Deviations from Maximum Costs for
Contractor Services 2890.0085 Reasonable, Necessary, and Actual
Costs 2890.0086 Invoice 2890.0089 Exemptions from Competitive
Bidding 2890.0090 Application Process 2890.0120 Funding of MPCA
Actions
(2) Minnesota Rules, Chapter 7045 - Minnesota Pollution
Control Agency, Hazardous Waste Division, Hazardous Waste
7045.0275 Management of Hazardous Waste Spills
(3) Minnesota Rules, Chapter 7060-Minnesota Pollution Control
Agency, Water Quality Division, Underground Waters
7060.0300 Definitions 7060.0500 Nondegradation Policy 7060.0600
Standards; subp. 2, 3, 4: Prohibition against discharge into
unsaturated zone; Control measures; Toxic pollutants 7060.0800
Determination of Compliance
(4) Minnesota Rules, Chapter 7105-Minnesota Pollution Control
Agency, Water Quality Division, Underground Storage Tanks:
Training
7105.0010 Definitions [except subp. 25, insofar as it includes
vessels, enclosures, and structures - which are exempt from the
federal program - in the definition of UST.] 7105.0020 Purpose
7105.0030 General Provisions; subp. 3: Tank owner or operator
requirements 7105.0040 Exclusions [except insofar as it does not
exclude from regulation heating oil storage tanks with a storage
capacity of greater than 1,100 gallons.]
(5) Minnesota Rules, Chapter 7150 - Minnesota Pollution
Control Agency, Water Quality Division, Underground Storage Tanks
Program
7150.0010 Applicability [except subp. 2, insofar as it does not
exclude from regulation liquid traps or associated gathering lines
directly related to oil or gas production or gas production and
gathering operations; subp. 2(H), insofar as it does not exclude
from regulation tanks of 1,100 gallons or more used exclusively for
storing heating oil for consumptive use; and subp. 5, insofar as it
does not exclude owners and operators of heating oil storage tanks
with a storage capacity of greater than 1,100 gallons from
notification requirements.] 7150.0020 Interim Standards for
Deferred Underground Storage Tank Systems 7150.0030 Definitions
[except subp. 51, insofar as it includes vessels, enclosures, and
structures - which are exempt from the federal program - in the
definition of underground storage tanks] 7150.0100 Performance
Standards for New Underground Storage Tank Systems 7150.0110
Upgrading of Existing Underground Storage Tank Systems 7150.0120
Notification Requirements 7150.0200 Spill and Overfill Control
7150.0210 Operation and Maintenance of Corrosion Protection
7150.0220 Compatibility 7150.0230 Repairs Allowed 7150.0240
Reporting and Recordkeeping 7150.0300 General Requirements for All
Underground Storage Tank Systems [except subp. 3, insofar as it
imposes release detection schedule requirements on hazardous
material tanks not regulated under the federal program] 7150.0310
Requirements for Petroleum Underground Storage Tank Systems
7150.0320 Requirements for Hazardous Material Underground Storage
Tank Systems 7150.0330 Methods of Release Detection for Tanks
7150.0340 Methods of Release Detection for Piping 7150.0350 Release
Detection Recordkeeping 7150.0400 Temporary Closure 7150.0410
Permanent Closure and Changes-in-Service to Storage of Nonregulated
Substances 7150.0420 Assessing the Site at Closure or Change in
Service 7150.0430 Applicability to Previously Closed Underground
Storage Tank Systems 7150.0440 Closure Records
(6) Minnesota Rules, Chapter 7510 - Department of Public
Safety, Fire Marshal Division, Fire Safety
7510.3670 Liquefied Petroleum Gases; Section 8203: Installation of
containers [except insofar as it regulates ASTs] Mississippi
(a) The statutory provisions include:
1. Mississippi Code of 1972, Title 49, Sections 49-17-401 through
49-17-435, Underground Storage Tank Act of 1988, as amended.
49-17-401 Short title 49-17-403 Definitions 49-17-405 Groundwater
protection fund; duties of executive director; liability of tank
owners; limitation on provisions of chapter and section 49-17-407
Environmental protection fee on motor fuels; deposit of fees;
limits on use of fund; third party claims 49-17-409 Reports of
contamination incidents; no recourse against tank owner; exceptions
49-17-411 Compliance with regulations 49-17-413 Rules and
Regulations 49-17-417 Groundwater protection advisory committee
49-17-419 Authority of commission to take timely and effective
corrective action; use of funds from pollution emergency fund
49-17-421 Tank regulatory fee 49-17-423 Commission to administer
funds from Leaking Underground Storage Tank Trust Fund 49-17-425
Disclosure of records, reports, and information 49-17-433 Savings
clause 49-17-435 Annual report on status of underground storage
tank program
(b) The regulatory provisions include:
1. Technical Standards and Corrective Action Requirements for
Owners and Operators of Underground Storage Tanks. Subpart A -
Program Scope and Interim Prohibition 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 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
280.43 Methods of release detection for piping 280.44 Release
detection recordkeeping Subpart E - Release Reporting,
Investigation, and Confirmation 280.50 Reporting of suspected
releases 280.51 Investigation due to off-site impacts 280.52
Release investigation and confirmation steps 280.53 Reporting and
cleanup of spills and overfills Subpart F - Release Response and
Corrective Action for UST Systems Containing Petroleum or Hazardous
Substances 280.60 General 280.61 Initial response 280.62 Initial
abatement measures and site check 280.63 Initial site
characterization 280.64 Free product removal 280.65 Investigations
for soil and groundwater cleanup 280.66 Corrective action plan
280.67 Public participation Subpart G - Out-of-Service UST Systems
and Closure 280.70 Temporary closure 280.71 Permanent closure and
changes-in-service 280.72 Assessing the site at closure or
change-in-service 280.73 Applicability to previously closed UST
systems 280.74 Closure records 2. Financial Responsibility
Requirements for Underground Storage Tanks Containing Petroleum.
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 Substitution of financial assurance mechanisms
by owner or operator 280.105 Cancellation or nonrenewal by a
provider of financial assurance 280.106 Reporting by owner or
operator 280.107 Recordkeeping 280.108 Drawing on financial
assurance mechanisms 280.109 Release from the requirements 280.110
Bankruptcy or other incapacity of owner or operator or provider of
financial assurance 280.111 Replenishment of guarantees, letters of
credit, or surety bonds 3. Mississippi Groundwater Protection Trust
Fund Regulations. Section I General Intent Section II Legal
Authority Section III Definitions Section XIV Eligibility for
Reimbursement from the Mississippi Groundwater Protection Trust
Fund Section XV Reimbursable Costs Section XVI Funds Disbursement
Section XVII Third Party Claims Section XVIII Denial of Claims
Section XIX Tank Regulatory Fees Section XXI Property Rights
Montana
(a) The statutory provisions include:
(1) Montana Code Annotated (2017), Title 75 Environmental
Protection, Chapter 11 Underground Storage Tanks, Part 2 Montana
Underground Storage Tank Installer and Inspector Licensing and
Permitting Act: Sections 75-11-203(11) “operator” 75-11-203(12)
“owner”.
(2) Montana Code Annotated (2017), Title 75 Environmental
Protection, Chapter 11 Underground Storage Tanks, Part 5 Montana
Underground Storage Tank Act: Sections 75-11-503(4) “person”,
(8) “underground storage tank” or “tank”, except as it applies to
aboveground storage tanks.
(b) The regulatory provisions include:
(1) Administrative Rules of Montana (October 6, 2018), Title
17 Department of Environmental Quality, Chapter 56 Underground
Storage Tanks Petroleum and Chemical Substances:
Subchapter 1 General Provisions:
Sections 17.56.101 Definitions; 17.56.102 Applicability, except
17.56.102(3)(e); 17.56.104 Tank Standards for Excluded UST
Systems;
Subchapter 2 UST Systems: Design, Construction, and
Installation:
Section 17.56.201 Performance Standards for New Tank Systems;
17.56.202 Upgrading of Existing UST Systems; 17.56.203 Additional
Performance Standards for New Underground Piping Connected to
Aboveground Tanks or to Underground Tanks with a Capacity of 660
Gallons or Less Used to Store Heating Oil; 17.56.204 Secondary
Containment, Under-Dispenser Containment, and Interstitial
Monitoring; 17.56.205 Anti-Siphon Requirements;
Subchapter 3 General Operating Requirements:
Sections 17.56.301 Spill and Overfill Control; 17.56.302
Operation and Maintenance of Corrosion Protection; 17.56.303
Compatibility; 17.56.304 Repairs; 17.56.305 Reporting and
Recordkeeping; 17.56.306 Periodic Testing of Spill Prevention
Equipment and Containment Sumps Used for Interstitial Monitoring of
Piping and Periodic Inspection of Overfill Prevention Equipment;
17.56.307 Periodic Operation and Maintenance Walkthrough
Inspections;
Subchapter 4 Release Detection:
Sections 17.56.401 General Requirements for all UST Systems;
17.56.402 Requirements for Petroleum UST Systems, except
17.56.402(1)(a)(iii); 17.56.403 Requirements for Hazardous
Substance UST Systems; 17.56.407 Methods of Release Detection for
Tanks; 17.56.408 Methods of Release Detection for Piping; 17.56.409
Release Detection Recordkeeping;
Subchapter 5 Release Reporting, Investigation, and
Confirmation:
Sections 17.56.501 General; 17.56.502 Reporting of Suspected
Releases; 17.56.503 Investigation Due to Off-site Impacts;
17.56.504 Release Investigation and Confirmation Steps; 17.56.505
Reporting and Cleanup of Spills and Overfills; 17.56.506 Reporting
of Confirmed Releases; 17.56.507 Adoption by Reference;
Subchapter 6 Release Response and Corrective Action for Tanks
Containing Petroleum or Hazardous Substances:
Sections 17.56.601 General; 17.56.602 Initial Response and
Abatement Measures; 17.56.603 Initial Site History; 17.56.604
Remedial Investigation; 17.56.605 Cleanup Plan; 17.56.608 Adoption
by Reference;
Subchapter 7 Out-of-Service UST Systems and Closure:
Sections 17.56.701 Inactive and Out-of-Service UST Systems,
except 17.56.701(4); 17.56.702 Permanent Closure and Changes in
Service; 17.56.703 Assessing the Site at Closure or Change in
Service; 17.56.704 Applicability to Previously Closed UST Systems;
17.56.705 Closure Records;
Subchapter 8 Financial Responsibility:
Sections 17.56.801 Applicability; 17.56.802 Compliance Dates;
17.56.803 Definition of Terms; 17.56.804 Incorporation by
Reference; 17.56.805 Amount and Scope of Required Financial
Responsibility; 17.56.806 Allowable Mechanisms and Combinations of
Mechanisms; 17.56.807 Financial Test of Self-Insurance; 17.56.808
Guarantee; 17.56.809 Insurance and Risk Retention Group Coverage;
17.56.810 Surety Bond; 17.56.811 Letter of Credit; 17.56.815
Montana Petroleum Tank Release Cleanup Fund; 17.56.816 Trust Fund;
17.56.817 Standby Trust Fund; 17.56.820 Substitution of Financial
Assurance Mechanisms by Owner or Operator; 17.56.821 Cancellation
or Nonrenewal by a Provider of Financial Assurance; 17.56.822
Reporting by Owner or Operator; 17.56.823 Recordkeeping; 17.56.824
Drawing on Financial Assurance Mechanisms; 17.56.825 Release from
the Requirements; 17.56.827 Bankruptcy or Other Incapacity of Owner
or Operator or Provider of Financial Assurance; 17.56.828
Replenishment of Guarantees, Letters of Credit, or Surety
Bonds;
Subchapter 9 Notification:
Sections 17.56.901 Interim Notification Requirements; 17.56.902
Notification Requirements; 17.56.903 Change in Ownership, except
17.56.903(3);
Subchapter 15 Underground Storage Tank Operator
Training:
Sections 17.56.1501 Operator Training Definitions; 17.56.1502
Operator Training, except the permit requirement in 17.56.1502(1);
17.56.1503 Operator Training: Authorized Providers; and Required
Subjects; 17.56.1504 Operator Training: Recordkeeping; 17.56.1505
Operator Training: Third-Party Training Course Approval; and
Subchapter 16 Underground Storage Tank Systems with Field
Constructed Tanks:
Section 17.56.1601 UST Systems with Field Constructed Tanks and
Airport Hydrant Fuel Distribution Systems;
(c) Copies of the Montana statutes and regulations that are
incorporated by reference are available from the following
offices:
Statutes - Montana Legislative Services Division, P.O. Box
201706, Helena, MT 59620-1706; Phone number: 406-444-3064; email:
[email protected]; website:
https://leg.mt.gov/statute/.
Regulations - Secretary of State's Administrative Rules
Services, P.O. Box 202801, Helena, MT 59620-2801; Phone number:
406-444-9000; email: [email protected]; website:
http://www.mtrules.org/.
Nevada
(a) The statutory provisions include:
(1) Nevada Revised Statute Chapter 459, Underground Storage Tank
Program (1992), Nevada Revised Statute 590, Petroleum Fund
(1991).
(2) Nevada Revised Statute Chapter 459, Underground Storage Tank
Program (1992):
Section 459.810 “Operator” defined. Section 459.814 “Person”
defined. Section 459.816 “Regulated Substance” defined. Section
459.818 “Release” defined. Section 459.820 “Storage Tanks” defined.
Section 459.822 Department designated as state agency for
regulation of storage tanks. Section 459.828 Owner or operator of
storage tank to provide department with certain information.
Section 459.838 Fund for the management of storage tanks: Creation:
Sources: Claims. Section 459.840 Fund for the management of storage
tanks: Use; reimbursement; recovery by attorney general.
(3) Nevada Revised Statute 590, Petroleum Fund (1991):
Section 590.700 Definitions. Section 590.710 “Board” defined.
Section 590.720 “Department” defined. Section 590.725 “Diesel fuel
of grade number 1” defined. Section 590.726 “Diesel fuel of grade
number 2” defined. Section 590.730 “Discharge” defined. Section
590.740 “Division” defined. Section 590.750 “Fund” defined. Section
590.760 “Heating oil” defined. Section 590.765 “Motor vehicle fuel”
defined. Section 590.770 “Operator” defined. Section 590.780
“Person” defined. Section 590.790 “Petroleum” defined. Section
590.800 “Storage tank” defined. Section 590.810 Legislative
findings. Section 590.820 Board to review claims: Creation;
members; chairman; administrative Assistance; compensation of
members. Section 590.830 Fund for cleaning up discharges of
petroleum: Creation; administration by division; claims; interest.
Section 590.840 Collection of fee for certain fuels and heating
coil; exempt products; payment of expenses of department. Section
590.850 Registration of storage tanks: Collection of annual fee;
exempt tanks; liability for noncompliance. Section 590.860 Balance
in fund to determine collection of fees by department. Section
590.870 Report of discharge from tank required; division to clean
up discharge; expectation; test of tank required for coverage.
Section 590.880 Allocation of costs resulting from discharge from
certain storage tanks for heating oil. Section 590.890 Allocation
of costs resulting from discharge from other storage tanks. Section
590.900 Liability for costs to clean up discharge caused by willful
or wanton misconduct, gross negligence or violation of statute or
regulation. Section 590.910 Pro rata reduction required, if balance
in fund insufficient for full payment. Section 590.920 Tanks
exempted from provisions of Sections 590.850 to 590.910 inclusive;
optional coverage of exempted tank.
(4) Nevada Civil Procedure, Rule 24 (1971):
Nevada Civil Procedure, Rule 24 .
(b) The regulatory provisions includes:
(1) Nevada Administrative Code 459, UST Program (1990):
Section 459.9929 “Storage Tank” defined. Section 459.993 Compliance
with federal regulations. Section 459.995 Financial responsibility
of owners and operators. Section 459.996 Releases: Reporting.
(2) Nevada Administrative Code 590, Petroleum Fund (1991):
Section 590.720 Adoption by reference of provisions of Code of
Federal Regulations.
(3) Nevada Administrative Code, Reportable Quantities
(1989):
Section 445.240 Notice required. New Hampshire
(a) The statutory provisions include:
1. New Hampshire Revised Statutes Annotated, Title I, The State and
its Government, Chapter 21-O
Department of Environmental
Services
Section O:1. Establishment, General Functions; Section O:8
Division of Waste Management.
2. New Hampshire Revised Statutes Annotated, Title VI, Public
Officers and Employees, Chapter 91-A
Access to Government
Records and Meetings
Section 91-A:1 Preamble, Section 91-A:1-a Definitions, Section
91-A:4 Minutes and Records Available for Public Inspection.
3. New Hampshire Revised Statutes Annotated, Title X Public Health,
Chapter 146-C
Underground Storage Facilities
Section 146-C:1 Definitions; Section 146-C:2 Discharges
Prohibited; Section 146-C:3 Registration of Underground Storage
Facilities; Section 146-C:4 Underground Storage Facility Permit
Required; Section 146-C:6 Transfer of Ownership; Section 146-C:6-a
Exemption; Section 146-C:7 New Facilities; Section 146-C:8
Prohibition Against Reusing Tanks; Section 146-C:17 Operator
Training Required; Section 146-C:18 Operator Training Program
Requirements; Section 146-C:19 Additional Operator Requirements;
Section 146-C:20 Revocation of Operator Training Program Approval;
Section 146-C:21 Repeating Operator Training.
4. New Hampshire Revised Statutes Annotated, Title L Water
Management and Protection, Chapter 485-C
Groundwater Protection
Act
Section 485-C:1 Statement of Purpose, Section 485-C:2
Definitions, Section 485-C:3 Duties of the Department, Section
485-C:5 Classes of Groundwater, Section 485-C:6 Ambient Groundwater
Quality Standards, Section 485-C:6-a Groundwater Management Zones,
Section 485-C:6-b Recordation of Groundwater Management Zone
Permits, Section 485-C:7 Potential Contamination Sources, Section
485-C:8 Inventory and Management, Section 485-C:9 Procedures for
Classification and Reclassification, Section 485-C:10 Degraded
Groundwater, Section 485-C:11 Best Management Practices, Section
485-C:12 Prohibited Uses, Section 485-C:13 Groundwater Release
Detection Permit, Section 485-C:14 Notice to Municipality, Section
485-C:14-b Notification of Groundwater Contamination Required.
(b) The regulatory provisions include:
1.
New Hampshire Code of Administrative Rules, Chapter Env-Or
400 Underground Storage Tank Facilities: (Effective October 10,
2018)
Part Env-Or 401 Purpose, Applicability, Federal Regulations;
Section 401.01 Purpose; Section 401.02 Applicability; Section
401.03 Exclusions, except 401.03(b); Section 401.04 Date of
Incorporated Federal Regulations;
Part Env-Or 402 Definitions;
Part Env-Or 403 Reference Standards; Section 403.01 Availability
and Applicability of Reference Standards; Section 403.02 American
Petroleum Institute, Section 403.03 ASME International, Section
403.04 Fiberglass Tank and Pipe Institute, Section 403.05 NACE
International, Section 403.06 National Fire Protection Association,
Section 403.07 Petroleum Equipment Institute.
Part Env-Or 404 Registration; Permit to Operate; Required
Notifications and Records; Financial Responsibility; Section 404.01
Registration; Section 404.02 Change from Use Not Previously Covered
to Covered Use; Section 404.03 Change in Product; Section 404.04
Additional Information Required for Registration; Section 404.05
Signature Required, except 404.05(b)(3); Section 404.06 Permit to
Operate Required; Section 404.07 Obtaining a Permit to Operate;
Section 404.08 Display, Applicability, and Validity of Permit to
Operate; Section 404.09 Records to be Maintained; Section 404.10
Transfer of Facility Ownership; Section 404.12 Financial
Responsibility, except 404.12(d)(4) and (m); Section 404.13 Owner
Liability.
Part Env-Or 405 Equipment Standards; Section 405.01 Tank
Standards for UST Systems; Section 405.02 Piping Standards for UST
Systems; Section 405.03 Secondary Containment for Tanks; Section
405.04 Secondary Containment and Sumps for Piping Systems; Section
405.05 Spill Containment, except 405.05(f) and (g);, and 405.12(a);
Section 405.06 Overfill Protection; Section 405.07 Dispensing
Areas, except for 405.07(a-c), (g), and (h); Section 405.08 Leak
Monitoring Systems for Tanks; Section 405.09 Leak Monitoring
Systems for Piping Systems; Section 405.10 Cathodic Protection
Systems; Section 405.11 Changes to Cathodic Protection Systems.
Part Env-Or 406 Operation, Maintenance, and Testing; Section
406.01 On-Going Maintenance Required; Section 406.02 Operation and
Maintenance of Leak Monitoring Systems; Section 406.03 Delivery or
Transfer of Regulated Substances; Section 406.04 Unusual Operating
Conditions; Section 406.05 Requirements for Tightness Testers and
Test Methods; Section 406.06 Leak Rate Detection Criteria; Section
406.07 Requirements for Test Reports; Section 406.08 Test Failures;
Section 406.09 Automatic Line Leak Detector Testing; Section 406.10
Cathodic Protection System Testing; Section 406.11 Overfill
Prevention Device Testing; Section 406.12 Spill Containment
Integrity Testing, except 406.12(c); Section 406.13 Leak Monitoring
Equipment Testing; Section 406.14 Containment Sump Integrity
Testing; Section 406.15 Hydrostatic Testing Test for Sumps and
Spill Containment; Section 406.16 Pneumatic Tightness Test for
Piping; Section 406.17 Primary Containment System Testing; Section
406.18 Monthly, Bi-Monthly, and Annual Visual Inspections; Section
406.19 Reports of Visual Inspections.
Part Env-Or 407 Installation Requirements, Section 407.06(a) UST
System Design Requirements.
Part Env-Or 408 Repair, Closure, Removal; Section 408.01 Repair
of Tanks: Pre-Repair Considerations and Requirements; Section
408.02 Repair of Tanks: Post-Repair Requirements; Section 408.03
Repair and Replacement of Underground Piping, Containment Sumps,
and Spill Containment; Section 408.04 Temporary Closure; Section
408.05 Permanent Closure Required, except 408.05(f); Section 408.06
Permanent Closure: Notification and Supervision Required; Section
408.07 Procedures for Permanent Closure; Section 408.08 Permanent
Closure: Site Assessment; Section 408.09 Permanent Closure:
Inspection Required; Section 408.10 Permanent
Closure: Closure Report, Recordkeeping; Section 408.11
Limitations on Re-Use of Tanks. APPENDIX A: State Statutes and
Federal Statutes/Regulation Implemented, APPENDIX B: Incorporation
by Reference Information, APPENDIX C: Statutory Definitions,
APPENDIX D: Excerpts from RSA 146-C, APPENDIX E: 40 CFR Provisions
Referenced.
2.
New Hampshire Code of Administrative Rules, Chapter Env-Or
600 Contaminated Site Management: (Effective June 1, 2015)
Part Env-Or 601 Purpose and Applicability, Section 601.01
Purpose, Section 601.02 Applicability.
Part Env-Or 602 Definitions.
Part-Env-Or 603 Groundwater Quality Criteria, Section 603.01
Groundwater Quality Criteria, Section 603.02 Exemptions to
Groundwater Quality Criteria, Section 603.03 Ambient Groundwater
Quality Standards (AGQS).
Part Env-Or 604 Notification, Section 604.01 Purpose, Section
604.02 Notification of Groundwater Quality Violation, Section
604.03 Exemptions to Notification of Groundwater Quality Violation,
Section 604.05 NAPL Notification, Section 604.06 Discharges of Oil
Requiring Immediate Notification, Section 604.07 Potential
Discharges of Oil Requiring Notification Within 60 Days, Section
604.08 Oil Notification Requirements.
Part Env-Or 605 Preliminary Response Actions, Section 606.01
Purpose, Section 605.03 Emergency Response Actions for Oil
Discharges, Section 605.04 Initial Response Actions, Section 605.05
Emergency and Initial Response Action Approval, Section 605.06
Emergency and Initial Response Action Reporting Requirements,
Section 605.07 Initial Site Characterization Required, Section
605.08 Initial Site Characterization, Section 605.09 Initial Site
Characterization Report, Section 605.10 Investigation Due to
Discovery of Discharges from Unknown Sources.
Part Env-Or 606 Comprehensive Response Actions, Section 606.01
Site Investigation Required; Section 606.02 Site Investigation
Request, Exemptions; Section 606.03 Site Investigation Report ;
Section 606.04 Site Background Information; Section 606.05 Summary
of Subsurface Explorations and Sampling; Section 606.06 Site
Geology and Hydrology; Section 606.07 Conceptual Model; Section
606.08 Remedial Alternatives, Summary, and Recommendations; Section
606.09 Appendices; Section 606.10 Remedial Action Plan; Section
606.11 Remedial Action Plan Exemptions; Section 606.12 Remedial
Action Plan Report; Section 606.13 Remedial Action Plan Approval;
Section 606.14 Corrective Action Prior to Remedial Action Plan
Approval; Section 606.15 Remedial Action Implementation; Section
606.16 Design Plans and Construction Specifications; Section 606.17
Remedial Action Implementation Report; Section 606.18 Periodic
Status Report; Section 606.19 Soil Remediation Criteria; Section
606.20 Financial Assurance; Section 606.21 Financial Assurance
Mechanisms.
Part Env-Or 609 Certificates of Completion or No Further Action,
Section 609.01 Certificate of Completion, Section 609.02
Certificate of No Further Action.
Part Env-Or 610 Monitoring and Reporting, Section 610.01
Applicability, Section 610.02 Sampling and Analysis, Section 610.03
Reporting, Section 610.04 Groundwater Monitoring Wells.
Part Env-Or 611 Contaminated Soil, Section 611.01 Requirements
for Managing Contaminated Soil, Section 611.02 Definitions, Section
611.03 Non-hazardous Oil-Contaminated Soil (NOCS) Certification,
Section 611.04 Contaminated Soil Sampling, Section 611.05
Contaminated Soil Storage, Section 611.06 Contaminated Soil
Disposal and Reuse.
Appendix A: State States and Federal Statutes/Regulations
Implemented; Appendix B: Incorporation by Reference Information;
Appendix C: Statutory Definitions.
New Mexico
(a) The statutory provisions include: New Mexico Statutes
Annotated (NMSA) 1978, as amended through May 16, 2018 (2018
Cumulative Supplement): Chapter 74, Environmental Improvement,
Article 4 Hazardous Waste, sections 74-4-3(J), (R), and (S).
(b) The regulatory provisions include: New Mexico Administrative
Code (NMAC), as amended effective July 24, 2018: Title 20
Environmental Protection, Chapter 5 Petroleum Storage Tanks:
Part 101: General Provisions - Sections 20.5.101.2 “Scope”;
20.5.101.7 “Definitions” (except “above ground storage tank” and
“AST system”);
Part 102: Registration of Tanks - Sections 20.5.102.200
“Existing Tanks”, 20.5.102.201 “Transfer of Ownership”, and,
20.5.102.203 “Substantially Modified Storage Tank Systems” through
20.5.102.207 “Registration Certificate”;
Part 104: Operator Training - Sections 20.5.104.400 “Classes of
Operators” through 20.5.104.412 “Documentation and
Recordkeeping”;
Part 105: Certification of Tank Installers and Junior
Installers; Requirements for Testers - Sections 20.5.105.500
“General Requirements for Installer of UST Systems” through
20.5.105.508 “Individual Certification for Junior Installer of UST
Systems”, and 205.105.510 “On-Site Examination for Installer”
through 20.5.105.520 “Airport Hydrant Fuel Distribution Systems,
UST Systems with Field-Constructed Tanks and Hybrid Storage Tank
Systems”;
Part 106: New and Upgraded Underground Storage Tank Systems:
Design, Construction, and Installation - Sections 20.5.106.600
“General Performance Standards for UST Systems” through
20.5.106.613 “Spill and Overfill Protection”, and 20.5.106.615
“Required Notification Prior to Installation” through 20.5.106.617
“Alternate Methods”;
Part 107: General Operating Requirements for Underground Storage
Tank Systems - Sections 20.5.107.700 “Operation and Maintenance of
Underground Storage Tank Systems” through 20.5.107.711 “Required
Notification Prior to Replacement, Repair and Modification”;
20.5.107.713 “Alternate Methods” through 20.5.107.715
“Reporting”;
Part 108: Release Detection For Underground Storage Tank Systems
- Sections 20.5.108.800 “General Release Detection Requirements for
UST Systems” through 20.5.105.816 “Reporting”;
Part 113 Underground Storage Tank Emergency Generator Systems -
Sections 20.5.113.1300 “General Requirements” through 20.5.113.1308
“Reporting”;
Part 114: Airport Hydrant Fuel Distribution Systems, UST Systems
with Field-Constructed Tanks, and Hybrid Storage Tank Systems -
Sections 20.5.114.1400 “General Requirements for Airport Hydrant
Fuel Distribution Systems, UST Systems with Field-Constructed
Tanks, and Hybrid Storage Tank Systems” through 20.5.114.1414
“Reporting”;
Part 115: Out-of-Service Storage Tank Systems and Closure -
Sections 20.5.115.1500 “Required Notification Prior to Temporary or
Permanent Closure, Return to Service, Removal, or Change in
Service”; 20.5.115.1501 “Out-of-Service Storage Tank Systems and
Closure” (except 20.5.115.1501.C(3), 1501.E, 1501.F(3), and 1501.G
[for field-erected AST systems only]); and 20.5.115.1502 “Permanent
Closure” through 20.5.115.1506 “Closure Records”;
Part 117: Financial Responsibility - Sections 20.5.117.1700
“Applicability”; 20.53.117.1703 “Amount and Scope of Required
Financial Responsibility” through 20.5.117.1772 “Form Document for
Drawing on Financial Assurance Mechanisms”;
Part 118: Reporting and Investigation of Suspected and Confirmed
Releases - Sections 20.5.118.1800 “Reporting of Spill or Release”
through 20.5.118.1803 “Spills and Overfills”;
Part 119: Corrective Action for Storage Tank Systems Containing
Petroleum Products - Sections 20.5.119.1900 “General” (except
20.5.119.1900.G and 205.119.1900.H) through 20.5.119.1933
“Reporting”;
Part 120: Corrective Action for UST Systems Containing Other
Regulated Substances - Sections 20.5.120.2000 “General” (except
20.5.120.2000.G and 205.120.2000.H) through 20.5.120.2030
“Reporting”;
Part 121: Corrective Action Fund Use and Expenditures - Sections
20.5.121.2100 “Permissible Fund Expenditures” through 20.5.121.2106
“Reserved Money”; and
Part 124: Lender Liability - Sections 20.5.124.7 “Definitions”
through 20.5.124.2405 “Operating a Storage Tank or Storage Tank
System After Foreclosure”.
(c) Copies of the New Mexico regulations that are incorporated
by reference are available from the New Mexico State Records Center
and Archives, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone
number: (505) 476-7941; website
http://164.64.110.134/nmac/.
North Carolina
(a) The statutory provisions include:
General Statutes of North Carolina, Chapter 143 - State
Departments, Institutions, and Commissions; Article 21A, Oil
Pollution and Hazardous Substances Control § 143-215.75 Title §
143-215.76 Purpose § 143-215.77 Definitions § 143-215.77A
Designation of hazardous substances and determination of quantities
which may be harmful § 143-215.78 Oil pollution control program §
143-215.80 Confidential information § 143-215.81 Authority
supplemental § 143-215.82 Local ordinances § 143-215.83 Discharges
(Except insofar as (c) addresses permit requirements.) § 143-215.84
Removal of prohibited discharges § 143-215.85 Required notice §
143-215.86 Other State agencies and State-designated local agencies
§ 143-215.87 Oil or Other Hazardous Substances Pollution Protection
Fund § 143-215.88 Payment to State agencies or State-designated
local agencies § 143-215.89 Multiple liability for necessary
expenses § 143-215.90 Liability for damage to public resources §
143-215.93 Liability for damage caused § 143-215.93A Limitation on
liability of persons engaged in removal of oil discharges §
143-215.94A Definitions (Except insofar as .94A(2) subjects certain
heating oil tanks and the piping connected to otherwise excluded
tanks to the regulatory requirements.) § 143-215.94B Commercial
Leaking Petroleum Underground Storage Tank Cleanup Fund §
143-215.94D Noncommercial Leaking Petroleum Underground Storage
Tank Cleanup Fund § 143-215.94E Rights and obligations of the owner
and operator § 143-215.94G Authority of the Department to engage in
cleanups; actions for fund reimbursement (Except insofar as (e)
outlines enforcement authorities.) § 143-215.94H Financial
responsibility § 143-215.94I Insurance pools authorized;
requirements § 143-215.94J Limitation of liability of the State of
North Carolina § 143-215.94L Adoption of rules; administrative
procedure; short title; miscellaneous provisions § 143-215.94M
Reports § 143-215.94N Applicability § 143-215.94O Petroleum
Underground Storage Tank Funds Council § 143-215.94P Groundwater
Protection Loan Fund § 143-215.94T Adoption and implementation of
regulatory program § 143-215.94V Standards for petroleum
underground storage tank cleanup
(b) The regulatory provisions include:
North Carolina Administrative Code, Title 15A - Department of
Environment and Natural Resources; Chapter 2, Subchapter 2L:
Groundwater Classification and Standards 1. Section .0100 General
Considerations .0101 Authorization .0102 Definitions .0103 Policy
.0104 Restricted Designation (RS) .0105 Adoption by Reference
(Repealed) .0106 Corrective Action .0107 Compliance Boundary .0108
Review Boundary .0109 Delegation .0110 Monitoring .0111 Reports
.0112 Analytical Procedures .0113 Variance .0114 Notification
Requirements .0115 Risk-Based Assessment and Corrective Action for
Petroleum Underground Storage Tanks 2. Section .0200
Classifications and Groundwater Quality Standards .0201 Groundwater
Classifications .0202 Groundwater Quality Standards 3. Section
.0300 Assignment of Underground Water Classifications .0301
Classifications: General .0302 Statewide .0303 Broad River Basin
.0304 Cape Fear River Basin .0305 Catawba River Basin .0306 Chowan
River Basin .0307 French Broad River Basin .0308 Hiwassee River
Basin .0309 Little Tennessee River Basin .0310 Savannah River Basin
.0311 Lumber River Basin .0312 Neuse River Basin .0313 New-Watauga
River Basin .0314 Pasquotank River Basin .0315 Roanoke River Basin
.0316 Tar Pamlico River Basin .0317 White Oak River Basin .0318
Yadkin-Pee Dee River Basin .0319 Reclassification North Carolina
Administrative Code, Title 15A - Department of Environment and
Natural Resources; Chapter 2, Subchapter 2N, Underground Storage
Tanks 1. Section .0100 General Provisions .0101 General (Except
insofar as .0101(c) provides inspection and enforcement authority.)
.0102 Copies of referenced Federal regulations .0103 Adoption by
reference updates .0104 Identification of tanks 2. Section .0200
Program Scope and Interim Prohibition .0201 Applicability (Except
insofar as it subjects USTs containing de minimis concentrations of
regulated substances to closure requirements) .0202 Interim
prohibition for deferred UST systems .0203 Definitions 3. Section
.0300 UST Systems: Design, Construction, Installation, and
Notification .0301 Performance standards for new UST systems .0302
Upgrading of existing UST systems .0303 Notification requirements
4. Section .0400 General Operating Requirements .0401 Spill and
overfill control .0402 Operation and maintenance of corrosion
protection .0403 Compatibility .0404 Repairs allowed .0405
Reporting and recordkeeping 5. Section .0500 Release Detection
.0501 General requirements for all UST systems .0502 Requirements
for petroleum UST systems .0503 Requirements for hazardous
substance UST systems .0504 Methods of release detection for tanks
.0505 Methods of release detection for piping .0506 Release
detection recordkeeping 6. Section .0600 Release Reporting,
Investigation, and Confirmation .0601 Reporting of suspected
releases .0602 Investigation due to off-site impacts .0603 Release
investigation and confirmation steps .0604 Reporting and cleanup of
spills and overfills 7. Section .0700 Release Response and
Corrective Action for UST Systems Containing Petroleum or Hazardous
Substances .0701 General .0702 Initial response .0703 Initial
abatement measures and site check .0704 Initial site
characterization .0705 Free product removal .0706 Investigations
for soil and ground water cleanup .0707 Corrective action plan
.0708 Public participation 8. Section .0800 Out-of-Service UST
Systems and Closure .0801 Temporary closure .0802 Permanent closure
and changes-in-service (Except insofar as it subjects USTs
containing de minimis concentrations of regulated substances to
closure requirements) .0803 Assessing the site at closure or
change-in-service .0804 Applicability to previously closed UST
systems .0805 Closure records North Carolina Administrative Code,
Title 15A - Department of Environment and Natural Resources;
Chapter 2, Subchapter 2O: Financial Responsibility Requirements for
Owners and Operators of Underground Storage Tanks 1. Section .0100
General Considerations .0101 General (Except insofar as .0101(c)
provides inspection and enforcement authority.) .0102 Copies of
referenced Federal regulations .0103 Substituted sections 2.
Section .0200 Program Scope .0201 Applicability .0202 Compliance
dates .0203 Definitions (Except insofar as (b)(1) defines “annual
operating fee”) .0204 Amount and scope of required financial
responsibility 3. Section .0300 Assurance Mechanisms .0301
Allowable mechanisms and combinations of mechanisms .0302 Self
insurance .0303 Guarantee .0304 Insurance and risk retention group
coverage .0305 Surety bond .0306 Letter of credit .0307 Standby
trust fund .0308 Insurance pools .0309 Substitution of financial
assurance mechanisms .0310 Cancellation or nonrenewal by a provider
of assurance 4. Section .0400 Responsibilities of Owners and
Operators .0401 Reporting by owner or operator .0402 Record keeping
(Except insofar as (b)(2) addresses annual operating fee
requirements.) 5. Section .0500 Changes in Status .0501 Drawing on
financial assurance mechanisms .0502 Release from the requirements
.0503 Incapacity of owner or operator or provider of assurance
.0504 Replenishment North Carolina Administrative Code, Title 15A -
Department of Environment and Natural Resources; Chapter 2,
Subchapter 2P: Leaking Petroleum Underground Storage Tank Cleanup
Funds 1. Section .0100 General Considerations .0101 General (Except
insofar as .0101(d) provides inspection and enforcement authority.)
.0102 Copies of rules incorporated by reference .0103 False or
misleading information 2. Section .0200 Program Scope .0201
Applicability (Except insofar as .0201(a) and (b) relate to annual
operating fees.) .0202 Definitions (Except insofar as .0202 (b)(1)
relates to annual operating fees.) 3. Section .0300 Annual
Operating Fees .0302 Notification 4. Section .0400 Reimbursement
Procedure .0401 Eligibility of owner or operator (Except insofar as
.0401(b) relates to annual operating fees.) .0402 Cleanup costs
.0403 Third party claims .0404 Requests for reimbursement .0405
Method of reimbursement .0406 Reimbursement apportionment .0407
Final action North Dakota
(a) The regulatory provisions include: North Dakota
Administrative Code (NDAC), Chapter 33.1-24-08, Technical Standards
and Corrective Action Requirements for Owners and Operators of
Underground Storage Tanks, as amended effective January 1,
2019:
Section 33.1-24-08-01 Applicability (technical standards and
corrective action). Section 33.1-24-08-02 Installation requirements
for partially excluded underground storage tank systems. Section
33.1-24-08-03 Definitions (technical standards, delivery
prohibition, and corrective action). Section 33.1-24-08-10
Performance standards for new underground storage tank systems.
Section 33.1-24-08-11 Upgrading of existing underground storage
tank systems. Section 33.1-24-08-12 Notification requirements.
Section 33.1-24-08-20 Spill and overfill control. Section
33.1-24-08-21 Operation and maintenance of corrosion protection.
Section 33.1-24-08-22 Compatibility. Section 33.1-24-08-23 Repairs
allowed. Section 33.1-24-08-24 Reporting and recordkeeping. Section
33.1-24-08-25 Periodic testing of spill prevention equipment and
containment sumps used for interstitial monitoring of piping and
periodic inspection of overfill prevention equipment. Section
33.1-24-08-26 Periodic operation and maintenance walkthrough
inspections. Section 33.1-24-08-30 General release detection
requirements for all underground storage tank systems. Section
33.1-24-08-31 Release detection requirements for petroleum
underground storage tank systems. Section 33.1-24-08-32 Release
detection requirements for hazardous substance underground storage
tank systems. Section 33.1-24-08-33 Methods of release detection
for tanks. Section 33.1-24-08-34 Methods of release detection for
piping. Section 33.1-24-08-35 Release detection recordkeeping.
Section 33.1-24-08-38 Mechanisms for designating tanks ineligible
for delivery. Section 33.1-24-08-39 Reclassifying ineligible tanks
as eligible for delivery. Section 33.1-24-08-40 Reporting of
suspected releases. Section 33.1-24-08-41 Investigation due to
offsite impacts. Section 33.1-24-08-42 Release investigation and
confirmation steps. Section 33.1-24-08-43 Reporting and cleanup of
spills and overfills. Section 33.1-24-08-44 Unattended cardtrol
facilities. Section 33.1-24-08-45 Operator designations and
requirements for operator training. Section 33.1-24-08-46 Timing of
operator training and reciprocity. Section 33.1-24-08-47 Operator
retraining. Section 33.1-24-08-48 Operator training documentation.
Section 33.1-24-08-50 General release response and corrective
action for underground storage tank systems containing petroleum or
hazardous substances. Section 33.1-24-08-51 Initial response.
Section 33.1-24-08-52 Initial abatement measures and site check.
Section 33.1-24-08-53 Initial site characterization. Section
33.1-24-08-54 Free product removal. Section 33.1-24-08-55
Investigations for soil and groundwater cleanup. Section
33.1-24-08-56 Corrective action plan. Section 33.1-24-08-60
Temporary closure. Section 33.1-24-08-61 Permanent closure and
changes in service. Section 33.1-24-08-62 Assessing the site at
closure or change in service. Section 33.1-24-08-63 Applicability
to previously closed underground storage tank systems. Section
33.1-24-08-64 Closure records. Section 33.1-24-08-70 UST systems
with field-constructed tanks and airport hydrant fuel distribution
systems definitions. Section 33.1-24-08-71 General requirements.
Section 33.1-24-08-72 Additions, exceptions, and alternatives for
UST systems with field-constructed tanks and airport hydrant
systems. Section 33.1-24-08-80 Applicability (financial
responsibility). Section 33.1-24-08-81 Financial responsibility
compliance dates. Section 33.1-24-08-82 Definitions (financial
responsibility). Section 33.1-24-08-83 Amount and scope of required
financial responsibility. Section 33.1-24-08-84 Allowable
mechanisms and combinations of mechanisms. Section 33.1-24-08-85
Financial test of self-insurance. Section 33.1-24-08-86 Guarantee.
Section 33.1-24-08-87 Insurance and risk retention group coverage.
Section 33.1-24-08-88 Surety bond. Section 33.1-24-08-89 Letter of
credit. Section 33.1-24-08-92 Trust fund. Section 33.1-24-08-93
Standby trust fund. Section 33.1-24-08-94 Local government bond
rating test. Section 33.1-24-08-95 Local government financial test.
Section 33.1-24-08-96 Local government guarantee. Section
33.1-24-08-97 Local government fund. Section 33.1-24-08-98
Substitution of financial assurance mechanisms by owner or
operator. Section 33.1-24-08-99 Cancellation or nonrenewal by a
provider of financial assurance. Section 33.1-24-08-100 Reporting
by owner or operator. Section 33.1-24-08-101 Recordkeeping. Section
33.1-24-08-102 Drawing on financial assurance mechanisms. Section
33.1-24-08-103 Release from requirements. Section 33.1-24-08-104
Bankruptcy or other incapacity of owner or operator or provider of
financial assurance. Section 33.1-24-08-105 Replenishment of
guarantees, letters of credit, or surety bonds. Section
33.1-24-08-115 Definitions (lender liability). Section
33.1-24-08-120 Participation in management (lender liability).
Section 33.1-24-08-125 Ownership of an underground storage tank or
underground storage tank system or facility or property on which an
underground storage tank or underground storage tank system ss
located (lender liability). Section 33.1-24-08-130 Operating an
underground storage tank or underground storage tank system (lender
liability). Appendix I. Appendix II Statement of Shipping Tickets
and Invoices.
(b) Copies of the North Dakota regulations that are incorporated
by reference are available from North Dakota Legislative Council,
Second Floor, State Capitol, 600 E Boulevard Avenue, Bismarck,
North Dakota 58504; phone, 701-328-2916; website,
https://www.legis.nd.gov/agency-rules/north-dakota-administrative-code.
Oklahoma
(a) The regulatory provisions include:
Oklahoma Administrative Code, Title 165, effective August 25,
2016:
1, Chapter 25 “Underground Storage Tanks”.
Subchapter 1, General Provisions: Part 1, “Purpose”, Section
165:25-1-1; Part 3, “Definitions”, Section 165:25-1-11; Part 5,
“Scope of Rules”, Sections 165:25-1-21, 165:25-1-23.1, and
165:25-1-24; Part 9, “Notification and Reporting Requirements”,
Sections 165:25-1-41, 165:25-1-42, 165:25-1-48, 165:25-1-51; Part
11, “Recordkeeping”, 165:25-1-53 through 165:25-1-58, and
165:25-1-60; Part 19, “Operator Training”, Sections 165:25-1-120,
165:25-1-122 and 165:25-1-124.
Subchapter 2, “General Requirements for Underground Storage Tank
Systems”, Part 1, “Codes and Standards”, Sections 165:25-2-1,
165:25-2-2 and 165:25-2-4, Part 3, “Design and Installation”,
Sections 165:25-2-31 through 165:25-2-33, 165:25-2-35 through
165:25-2-41, Part 5, “Protection Against Corrosion”, Sections
165:25-2-51, 165:25-2-52, 165:25-2-53 and 165:25-2-53.1, Part 6,
“Piping”, Sections 165:25-2-55.1 and 165:25-2-55.2, Part 7,
“Dispensers”, Sections 165:25-2-71, 165:25-2-72, 165:25-2-73,
165:25-2-75 and 165:25-2-76; Part 9, “Electrical”, Section
165:25-2-91; Part 11, ” Repairs to Underground Storage Tank
Systems”, Section 165:25-2-111; Part 13 “Removal and Closure of
Underground Storage Tank Systems”, Sections 165:25-2-131, and
165:25-2-133 through 165:25-2-138.
Subchapter 3, “Release Prevention and Detection Requirements”:
Part 1, Release Prohibition Requirements”, Section 165:25-3-1; Part
2, “Release Detection Requirements and Methods”, Sections
165:25-3-6.20 through 165:25-3-6.29; Part 3, “Release Investigation
Requirements”, Sections 165:25-3-7.1 and 165:25-3-8; Part 15,
“Corrective Action Requirements”, Section 165:25-3-70.
Subchapter 5, “Upgrades”, Sections 165:25-5-1 through
165:25-5-4.
Subchapter 6, “Special Requirements for Underground Storage Tank
Systems Utilized by Airports Open to the Public”, Part 1, “General
Application and Compliance Provisions”, Section 165:25-6-1; Part 3,
“Codes and Standards”, Section 165:25-6-7; Part 5, “Dispense
Requirements”, Sections 165:25-6-13, 165:25-6-14, 165:25-6-15 and
165:25-6-17; Part 7, “Tank Filling Procedures”, Section
165:25-6-21; Part 9, “Dispensing Procedures”, Sections 165:25-6-27
and 165:25-6-28; Part 11, “Miscellaneous Safety Requirements”,
Sections 165:25-6-34 and 165:25-6-35.
Subchapter 8, “Special Requirements for Underground Storage
Tanks Utilized by Marinas”: Part 1, “General Application and
Compliance Provisions”, Sections 165:25-8-1 and 165:25-8-2; Part 3,
“Over-water Piping Requirements”, Sections 165:25-8-3 and
165:25-8-4; Part 5, “Dispenser Requirements”, Sections 165:25-8-14
through 165:25-8-17; Part 9, “Dispensing Procedures”, Section
165:25-8-29; Part 11, “Miscellaneous Safety Requirements, Sections
165:25-8-35 and 165:25-8-36.
Subchapter 14, “Special Requirements for Underground Storage
Tank Systems Utilized by Bulk Plant Facilities”: Part 1, “General
Application and Compliance Provisions”, Section 165:25-14-1; Part
3, “Dispenser Requirements”, Section 165:25-14-7; Part 5, “Loading
Facilities”, Sections 165:25-14-13 and 165:25-14-14; Part 7, “Tank
Filling Procedures”, Section 165:25-14-20; Part 9, “Dispensing
Procedures”, Sections 165:25-14-26 and 165:25-14-27.
2. Chapter 27 “Indemnity Fund. Subchapter 1, “General
Provisions”, Section 165:27-1-2; Subchapter 5, “Qualifications for
Reimbursement”, Section 165:27-5-2; Subchapter 7, “Reimbursement”,
Sections 165:27-7-2 and 165:27-7-6.
3. Chapter 29 “Corrective Action of Petroleum Storage Tank
Releases”:
Subchapter 1, “General Provisions”: Part 1, “Purpose and
Statutory Authority”, Sections 165:29-1-1 and 165:29-1-2; Part 3,
“Definitions”, Section 165:29-1-11; Part 5, “Scope of Rules”,
Section 165:29-1-21; Part 7, “National Industry Codes”, Sections
165:29-1-31 and 165:29-1-32;.
Subchapter 3, “Release Prevention, Detection and Correction”:
Part 1, “Release Prohibition, Reporting and Investigation”,
Sections 165:29-3-1, 165:29-3-2 and 165:29-3-3; Part 3, “Removal
and Closure of Petroleum Storage Tank Systems”, Section
165:29-3-65; Part 5, “Corrective Action Requirements”, Sections
165:29-3-71 through 165:29-3-76, Sections 165:29-3-78, 165:29-3-79,
165:29-3-80, 165:29-3-82 and 165:29-3-83.
(b) Copies of the Oklahoma regulations that are incorporated by
reference are available from the State's Office of Administrative
Rules, Secretary of State, P.O. Box 53390, Oklahoma City, OK
73152-3390; Phone number: 405-521-4911; website:
https://www.sos.ok.gov/oar/Default.aspx.
Oregon
(a) The statutory provisions include:
(1) Chapter 465, Hazardous Waste and Hazardous Materials I
(Removal or Remedial Action Sections 465.200 through 465.425):
465.200 Definitions for ORS 465.200 to 465.425 (except for Sections
465.200(5) through (11) and (17) defining terms contained in the
dry cleaning requirements; (13) “facility” insofar as it applies to
a facility that is not an underground storage tank; (16) “hazardous
substance” insofar as it applies to hazardous wastes and any
substance that is not otherwise defined as a hazardous substance
pursuant to section 101(14) of the Federal Comprehensive
Environmental Response, Compensation and Liability Act or that is
not oil; (28) “underground storage tank” insofar as it includes any
tank or piping that is excluded under ORS 466.710 and also any tank
used to store heating oil for consumptive use on the premises where
stored.) 465.255 Strict liability for remedial action costs for
injury or destruction of natural resource; limited exclusions
(except insofar as this includes a person who is not an owner or
operator of an underground storage tank and except insofar as the
exclusions would exclude persons who would be liable under Section
9003(h)(6) of RCRA).
(2) Chapter 466, Hazardous Waste and Hazardous Materials II (Oil
Storage Tanks):
466.706 Definitions for ORS 466.706 to 466.882 and 466.994 (except
for the following definitions: Section 466.706(17) “regulated
substance” insofar as it would include substances designated by the
commission under subsection (c) that are not included under
subsections (a) and (b) of this definition; (21) “underground
storage tank” insofar as it includes any tank or piping that is
excluded under ORS 466.710, and any tank used to store heating oil
for consumptive use on the premises where stored.) 466.710
Application of ORS 466.706 to 466.882 and 466.994 466.740
Noncomplying installation prohibited 466.743 Training on operation,
maintenance and testing; rules 466.765 Duty of owner or permittee
of underground storage tank 466.770 Corrective action required on
contaminated site 466.815 Financial responsibility of owner or
permittee; rules; legislative review 466.825 Strict liability of
owner or permittee
(b) The regulatory provisions include:
(1) Oregon Administrative Rules, Chapter 340, Division 122
insofar as the following rules apply to a release from an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored.
340-122-0010 Purpose 340-122-0030 Scope and Applicability
340-122-0040 Standards 340-122-0047 Generic remedies 340-122-0050
Activities 340-122-0070 Removal 340-122-0071 Site Evaluation
340-122-0072 Preliminary Assessments 340-122-0073 Confirmation of
Release 340-122-0080 Remedial Investigation 340-122-0084 Risk
Assessment 340-122-0085 Feasibility Study 340-122-0090 Selection or
Approval of the Remedial Action 340-122-0100 Public Notice and
Participation 340-122-0110 Administrative Record 340-122-0115
Definitions insofar as the definition applies to an underground
storage tank, excluding tanks used to store heating oil for
consumptive use on the premises where stored 340-122-0120 Security
Interest Exemption 340-122-0205 Purpose 340-122-0210 Definitions
except insofar as the definition of “responsible person” includes a
person who does not own or operate an underground storage tank
340-122-0215 Scope and Applicability 340-122-0217 Requirements and
Remediation Options 340-122-0218 Sampling and Analysis 340-122-0220
Initial Response 340-122-0225 Initial Abatement Measures and Site
Check 340-122-0230 Initial Site Characterization 340-122-0235 Free
Product Removal 340-122-0240 Investigation for Magnitude and Extent
of Contamination 340-122-0243 Low-Impact Sites 340-122-0244
Risk-Based Concentrations 340-122-0250 Corrective Action Plan
340-122-0252 Generic Remedies 340-122-0260 Public Participation
340-122-0320 Soil Matrix Cleanup Options 340-122-0325 Evaluation of
Matrix Cleanup Level 340-122-0330 Evaluation Parameters
340-122-0335 Numeric Soil Cleanup Standards 340-122-0340 Sample
Number and Location 340-122-0345 Sample Collection Methods
340-122-0355 Evaluation of Analytical Results 340-122-0360
Reporting Requirements
(2) Oregon Administrative Rules, Chapter 340, Division 142
insofar as the following rules apply to a release from an
underground storage tank, excluding tanks used to store heating oil
for consumptive use on the premises where stored.
340-142-0001 Purpose and Scope 340-142-0005 Definitions as Used in
This Division Unless Otherwise Specified 340-142-0030 Emergency
Action 340-142-0040 Required Reporting 340-142-0050 Reportable
Quantities 340-142-0060 Cleanup Standards 340-142-0070 Approval
Required for Use of Chemicals 340-142-0080 Disposal of Recovered
Spill Materials 340-142-0090 Cleanup Report 340-142-0100
Sampling/Testing Procedures 340-142-0130 Incident Management and
Emergency Operations
(3) Oregon Administrative Rules, Chapter 340, Division 150.
340-150-0001 Purpose 340-150-0006 Applicability and General
Requirements 340-150-0008 Exemptions and Deferrals 340-150-0010
Definitions 340-150-0020 UST General Permit Registration
Certificate Required except insofar as this provision applies to a
person who does not own or operate an underground storage tank and
except insofar as the payment of fees is required 340-150-0021
Termination of Temporary Permits 340-150-0052 Modification of
Registration Certificates for Changes in Ownership and Permittee
except insofar as the payment of fees is required 340-150-0080
Denial, Suspension or Revocation of General Permit Registration
Certificates except insofar as this provision applies to a person
who does not own or operate an underground storage tank
340-150-0102 Termination of Registration Certificates 340-150-0110
UST General Permit Registration, Annual Compliance and Other Fees
except insofar as the payment of fees is required 340-150-0135
General Requirements for Owners and Permittees 340-150-0137 UST
Systems with Field-Constructed Tanks and Airport Hydrat Fuel
Distribution Systems 340-150-0140 Requirements for Sellers of USTs
340-150-0156 Performance of UST Services by Owners or Permittees
340-150-0160 General Permit Requirements for Installing an UST
System except insofar as this provision applies to a person who
does not own or operate an underground storage tank 340-150-0163
General Permit Requirements for Operating an UST System except
insofar as the payment of fees is required 340-150-0167 General
Permit Requirements for Temporary Closure of an UST System except
insofar as the payment of fees is required 340-150-0168 General
Permit Requirements for Decommissioning an UST System by Permanent
Closure except insofar as this provision applies to a person who
does not own or operate an underground storage tank and except
insofar as the payment of fees is required 340-150-0180 Site
Assessment Requirements for Permanent Closure or Change-in-Service
340-150-0200 Training Requirements for UST System Operators and
Emergency Response Information 340-150-0210 Training Requirements
for UST Operators 340-150-0302 Installation of Used USTs
340-150-0310 Spill and Overfill Prevention Equipment and
Requirements 340-150-0315 Priodic operation and maintenance
walkthrough inspections 340-150-0320 Corrosion Protection
Performance Standards for USTs and Piping 340-150-0325 Operation
and Maintenance of Corrosion Protection 340-150-0350 UST System
Repairs 340-150-0352 UST System Modifications and Additions
340-150-0354 UST System Replacements 340-150-0360 Requirements for
Internally Lined USTs 340-150-0400 General Release Detection
Requirements for Petroleum UST Systems 340-150-0410 Release
Detection Requirements and Methods for Underground Piping
340-150-0420 Release Detection Requirements for Hazardous Substance
UST Systems 340-150-0430 Inventory Control Method of Release
Detection 340-150-0435 Statistical Inventory Reconciliation Method
of Release Detection 340-150-0440 Manual Tank Gauging Release
Detection Method 340-150-0445 Tank Tightness Testing for Release
Detection and Investigation 340-150-0450 Automatic Tank Gauging
Release Detection Method 340-150-0465 Interstitial Monitoring
Release Detection Method 340-150-0470 Other Methods of Release
Detection 340-150-0500 Reporting Suspected Releases 340-150-0510
Suspected Release Investigation and Confirmation Steps 340-150-0520
Investigation Due to Off Site Impacts 340-150-0540 Applicability to
Previously Closed UST Systems 340-150-0550 Definitions for OAR
340-150-0555 and 340-150-0560 340-150-0555 Compliance Dates for
USTs and Piping 340-150-0560 Upgrading Requirements for Existing
UST Systems
(4) Oregon Administrative Rules, Chapter 340, Division 151
340-151-0001 Purpose 340-151-0010 Scope and Applicability
340-151-0015 Adoption and Applicability of United States
Environmental Protection Agency Regulations 340-151-0020
Definitions 340-151-0025 Oregon-Specific Financial Responsibility
Requirements Pennsylvania
(a) The statutory provisions include:
Pennsylvania Storage Tank and Spill Prevention Act of 1989,
Public Law 169, No. 32
35 PS Section 6021.101 Short title 35 PS Section 6021.102
Legislative findings 35 PS Section 6021.103 Definitions (
except
insofar as the section addresses aboveground storage tanks;
encompasses a broader range of regulated substances; and insofar as
certain classes of tanks excluded or deferred under the federal
definition of “underground storage tank” are not excluded or
deferred under the state definition) 35 PS Section 6021.104 API
35 PS Section 6021.105 Advisory committee 35 PS Section 6021.106
Powers and duties of Environmental Quality Board (
except insofar
as it addresses aboveground storage tanks) 35 PS Section
6021.107 Powers and duties of department (
except insofar as
paragraphs (b), (c), (e), and (f) grant the Department enforcement
authorities; and paragraph (d) establishes the Department's duties
regarding a certification program) 35 PS Section 6021.109
Construction 35 PS Section 6021.110 Applicability of certain
provisions to the Commonwealth 35 PS Section 6021.501 Underground
storage tank requirements (
except insofar as subparagraph (a)(1)
requires payment of registration fees; subparagraph (a)(8) sets
forth permitting requirements; subparagraph (a)(12) addresses
permitting; subparagraph (a)(15) regulates handlers of regulated
substances; and paragraph (c) establishes a certified installer and
inspector program) 35 PS Section 6021.502 Interim requirements
and discontinued use (
except insofar as paragraph (a)
establishes interim registration fees; and subparagraph (b)(5)
requires tanks to be installed by a certified installer) 35 PS
Section 6021.503 Registration (
except insofar as paragraph (a)
requires payment of registration fees; paragraph (b) regulates
selling, distributing, depositing or filling unregistered
underground storage tanks; and paragraph (c) establishes uses for
registration fees) 35 PS Section 6021.701 Financial
responsibility 35 PS Section 6021.702 Storage Tank Fund (
except
insofar as paragraph (a) addresses aboveground storage tanks)
35 PS Section 6021.703 Underground Storage Tank Indemnification
Board 35 PS Section 6021.704 Underground Storage Tank
Indemnification Fund (
except insofar as subparagraph (e)(3)
addresses payment of fees) 35 PS Section 6021.705 Powers and
duties of Underground Storage Tank Indemnification Board (
except
insofar as paragraphs (d) and (e) address payment of fees) 35
PS Section 6021.706 Eligibility of claimants 35 PS Section 6021.707
Audit 35 PS Section 6021.708 Performance review 35 PS Section
6021.710 Underground Storage Tank Environmental Cleanup Program 35
PS Section 6021.711 Underground Storage Tank Pollution Prevention
Program 35 PS Section 6021.712 Upgrade Loan Program 35 PS Section
6021.2101 Start-up costs (
except insofar as it addresses
aboveground storage tanks) 35 PS Section 6021.2102 Saved from
repeal 35 PS Section 6021.2103 Severability 35 PS Section 6021.2104
Repeals 35 PS Section 6021.2105 Effective date
(b) The regulatory provisions include:
Pennsylvania Code, Chapter 245, Administration of the Storage
Tank and Spill Prevention Programs
Section 245.1 Definitions (
except insofar as the section
addresses aboveground storage tanks; encompasses a broader range of
regulated substances; and includes individuals that are not
regulated under the federal program under its definition of
“responsible party”) Section 245.2 General Section 245.31
Underground storage tank tightness testing requirements (
except
insofar as paragraph (a) requires Department certification for
underground tightness testing installers) Section 245.301
Purpose Section 245.302 Scope Section 245.304 Investigation of
suspected releases Section 245.305 Reporting releases (
except
insofar as paragraph (h) addresses aboveground storage tanks)
Section 245.306 Interim remedial actions (
except insofar as
subparagraph (b)(3) requires permits for treatment and disposal
activities; and paragraph (d) regulates parties removing
contaminated materials) Section 245.307 Affected or diminished
water supplies Section 245.308 Onsite storage of contaminated soil
Section 245.309 Site characterization Section 245.310 Site
characterization report Section 245.311 Remedial action plan
Section 245.312 Remedial action Section 245.313 Remedial action
completion report Section 245.314 Professional seals Section
245.401 Purpose Section 245.402 Scope Section 245.403 Applicability
Section 245.404 Variances Section 245.405 Codes and standards
Section 245.421 Performance standards for new underground storage
tank systems Section 245.422 Upgrading of existing underground
storage tank systems Section 245.423 Registration requirements
Section 245.425 Reuse of removed tanks (
except insofar as
subparagraph (1) requires installation by a certified
installer) Section 245.431 Spill and overfill control Section
245.432 Operation and maintenance including corrosion protection
Section 245.433 Compatibility Section 245.434 Repairs allowed
(
except insofar as subparagraph (1) requires repairs to be
performed by a certified installer) Section 245.435 Reporting
and recordkeeping Section 245.441 General requirements for
underground storage tank systems (
except insofar as subparagraph
(a)(3)(i) requires third-party verification; and subparagraph
(a)(3)(ii) requires manufacturers to reevaluate methods within 24
months of EPA changes) Section 245.442 Requirements for
petroleum underground storage tank systems Section 245.443
Requirements for hazardous substance underground storage tank
systems Section 245.444 Methods of release detection for tanks
Section 245.445 Methods of release detection for piping Section
245.446 Release detection recordkeeping Section 245.451 Temporary
closure Section 245.452 Permanent closure and changes-in-service
Section 245.453 Assessing the site at closure or change-in-service
Section 245.454 Applicability to previously closed underground
storage tank systems Section 245.455 Closure records Section
245.701 Purpose Section 245.702 Scope Section 245.703 Owner or
operator financial responsibility Section 245.704 General
requirements Section 245.705 Owner and operator liability Section
245.706 Underground storage tanks not covered by USTIF Section
245.707 Coverage amounts for financial responsibility Section
245.708 Failure to maintain financial responsibility Puerto Rico
(a) The statutory provisions include:
1. Public Policy Environmental Act of 1970, Act Number 9, June
18, 1970, as amended, 12 Laws of Puerto Rico Annotated (L.P.R.A.) §
1121 et seq.
(1) Section 1121 - Short title (2) Section 1122 - Purpose (3)
Section 1123 - Declaration of policy (4) Section 1124 -
Interpretation of legal provisions (5) Section 1125 - Duties of
governmental agencies (6) Section 1126 - Savings clause (7) Section
1127 - Complementary character (8) Section 1128 - Annual report of
Governor (9) Section 1129 - Creation of Board; composition; term
(10) Section 1130 - Duties of Chairman (11) Section 1130A -
Consulting Council (12) Section 1131 - Functions and duties [Except
paragraphs (10), (12), (19), (22), (23), (25), (26), (29), and
(30), insofar as they outline enforcement authorities; paragraph
(13), insofar as it addresses enforcement authorities, permit and
license requirements and associated fees, as well as the NPDES and
UIC programs; and paragraph (34), insofar as it relates solely to
the solid and hazardous waste programs.] (13) Section 1133 -
Consultation and use of facilities (14) Section 1135 - Character of
Board for federal purposes [Except insofar as it addresses permit
requirements.] (15) Section 1135A - Administration of the Puerto
Rico Water Pollution Control Revolving Fund (16) Section 1137 -
Confidential documents (17) Section 1138 - Effectiveness of
previous documents [Except insofar as it addresses permit and
licensing requirements.] (18) Section 1140 - Limitations (19)
Section 1141 - Definitions (20) Section 1142 - Powers [Except
insofar as (b)(5) sets forth enforcement authorities.]
(b) The regulatory provisions include:
1. Underground Storage Tank Control Regulations, Regulation
Number 4362, promulgated by the Commonwealth of Puerto Rico
Environmental Quality Board on November 7, 1990.
a. Part I - Program Scope and Interim Prohibition. (1) Rule 101 -
Program Scope (2) Rule 102 - Purpose (3) Rule 103 - Applicability
(4) Rule 104 - Interim Prohibition for Deferred UST Systems (5)
Rule 105 - Definitions and Abbreviations [Except insofar as the
Puerto Rico definition of “Underground Storage Tank or UST” does
not exclude from regulation heating oil tanks used for storing
heating oil for consumptive use on the premises where stored.] b.
Part II - UST Systems: Design, Construction, Installation, and
Notification. (1) Rule 201 - Performance Standards for New UST
Systems (2) Rule 202 - Upgrading of Existing UST Systems (3) Rule
203 - Notification Requirements c. Part III - General Operating
Requirements. (1) Rule 301 - Spill and Overfill Control (2) Rule
302 - Operation and Maintenance of Corrosion Protection (3) Rule
303 - Compatibility (4) Rule 304 - Repairs Allowed (5) Rule 305 -
Reporting and Recordkeeping d. Part IV - Release Detection. (1)
Rule 401 - General Requirements for all UST Systems (2) Rule 402 -
Requirements for Petroleum UST Systems (3) Rule 403 - Requirements
for Hazardous Substance UST Systems (4) Rule 404 - Methods of
Release Detection for Tanks (5) Rule 405 - Methods of Release
Detection for Piping (6) Rule 406 - Release Detection Recordkeeping
e. Part V - Release Reporting and Investigation. (1) Rule 501 -
Reporting of Suspected Releases (2) Rule 502 - Investigation Due to
Off-site Impacts (3) Rule 503 - Release Investigation and
Confirmation Steps (4) Rule 504 - Reporting and Cleanup of Spills
and Overfills f. Part VI - Release Response and Corrective Action
for UST Systems Containing Petroleum or Hazardous Substances. (1)
Rule 601 - General (2) Rule 602 - Initial Response (3) Rule 603 -
Initial Abatement Measures and Site Check [Except insofar as
603(A)(5) requires owners and operators to obtain permits or
franchises for drilling and installation of groundwater monitoring
and/or extraction wells.] (4) Rule 604 - Initial Site
Characterization (5) Rule 605 - Free Product Removal [Except
insofar as 605(A) and 605 (D)(6) require owners and operators to
obtain permits or franchises for drilling and installation of water
monitoring and/or extraction wells.] (6) Rule 606 - Investigation
for Soil and Groundwater Clean-up (7) Rule 607 - Corrective Action
Plan (8) Rule 608 - Public Participation g. Part VII -
Out-Of-Service UST Systems and Closure. (1) Rule 701 - Temporary
Closure (2) Rule 702 - Permanent Closure and Changes-in-Service (3)
Rule 703 - Assessing the Site at Closure or Change-in-Service (4)
Rule 704 - Applicability to Previously Closed UST Systems (5) Rule
705 - Closure Methods h. Part VIII - Notification Requirements and
Procedures. (1) Rule 801 - Notification of Underground Storage
System (2) Rule 802 - Notification Requirements (3) Rule 803 -
Notification Responsibility (4) Rule 804 - UST Notification
Identification Number (5) Rule 805 - Changes to Facility
Notification Data i. Part IX - Financial Responsibility
Requirements. (1) Rule 901 - Applicability (2) Rule 902 -
Compliance Dates (3) Rule 903 - Definition of Terms (4) Rule 904 -
Amount and Scope of Required Financial Responsibility (5) Rule 905
- Allowable Mechanisms and Combinations of Mechanisms (6) Rule 906
- Financial Test of Self-Insurance (7) Rule 907 - Guarantee (8)
Rule 908 - Insurance and Risk Retention Group Coverage (9) Rule 909
- Surety Bond (10) Rule 910 - Letter of Credit (11) Rule 911 -
Trust Fund (12) Rule 912 - Standby Trust Fund (13) Rule 913 -
Substitution of Financial Assurance Mechanisms by Owner or Operator
(14) Rule 914 - Cancellation or Nonrenewal by a Provider of
Financial Assurance (15) Rule 915 - Reporting by Owner or Operator
(16) Rule 916 - Recordkeeping (17) Rule 917 - Drawing on Financial
Assurance Mechanisms (18) Rule 918 - Release from the Requirements
(19) Rule 919 - Bankruptcy or Other Incapacity of Owner or Operator
of Provider of Financial Assurance (20) Rule 920 - Replenishment of
Guarantees, Letters of Credit, or Surety Bonds (21) Rule 921 -
Suspension of Enforcement j. Part X - General Provisions. (1) Rule
1001 - Amendments to this Regulation (2) Rule 1002 - Monitoring,
Recordkeeping, Reporting, Sampling, and Testing Methods (3) Rule
1003 - Malfunction or Non-compliance, Reporting (4) Rule 1004 -
Confidentiality of Information (5) Rule 1006 - Public Notice and
Public Hearings (6) Rule 1009 - Public Nuisance (7) Rule 1011 -
Overlapping or Inconsistent Provisions (8) Rule 1012 - Derogation
(9) Rule 1013 - Separability Clause (10) Rule 1014 - Effectiveness
k. Part XI - General Prohibitions. (1) Rule 1101 - Purpose, Scope
and Applicability (2) Rule 1102 - General Prohibitions Rhode Island
(a) The statutory provisions include:
1. Rhode Island General Laws, Title 42: State Affairs and
Government; Chapter 42-17.1, Department of Environmental
Management; Section 42-17.1-2, Powers and Duties.
(31) standards for the quality of air, and water, and the
location, design, construction, and operation of all underground
storage facilities used for storing petroleum products or hazardous
materials.
2. Rhode Island General Laws, Title 46: Waters and
Navigation; Chapter 46-12. Water Pollution; Section 46-12-3, Powers
and Duties of the Director.
(4) accepting and administering loans and grants.
(21) standards for location, design, construction, maintenance,
and operation of underground storage facilities used for storing
petroleum products or hazardous materials to prevent, abate, and
remedy the discharge of petroleum products and hazardous materials
into the waters of the state.
(22) promulgate regulations for monitoring wells.
(b) The regulatory provisions include:
1. Rhode Island Rules and Regulations for Underground Storage
Facilities Used for Regulated Substances and Hazardous Materials,
250-RICR-140-25-1, (effective November 20, 2018)
Section 1.1 Purpose.
Section 1.2. Authority.
Section 1.3 Incorporated Materials.
Section 1.4 Applicability, except (E) and (G).
Section 1.5 Definitions.
Section 1.6 Administrative Findings.
Section 1.7 Facility Registration.
Section 1.8 Financial Responsibility, except (D).
Section 1.10 Minimum UST Operation and Maintenance Requirements,
except (C), (D), and (F)(4) and (T).
Section 1.11 New and Replacement UST System Requirements, except
(B)(1-3) and (5), (C)(1), (J)(1), and (L)(2).
Section 1.12 Facility Modifications or Repairs, except (A).
Section 1.13 Maintaining Records.
Section 1.14 Leak and Spill Response.
Section 1.15 Closure, except (D)(5).
Section 1.16 Approval of Tank and/or Line Tightness Tests, Leak
Detection Methods and Licensing Requirements, except (B), (D), (E),
(F), (G) and (H).
Section 1.17 Signatories to Registration and Closure
Applications.
Section 1.18 Transfer of Certificates of Registration and
Closure.
South Carolina
(a) The statutory provisions include:
(1) Code of Laws of South Carolina, Title 44. Health, Chapter
2. State Underground Petroleum Environmental Response Bank Act
(SUPERB Act)
44-2-10 Short Title 44-2-20 Definitions 44-2-70 Financial
responsibility of underground storage tank owners and operators
44-2-80 Release of regulated substance; containment, removal, and
abatement
(b) The regulatory provisions include:
(1) South Carolina Underground Storage Tank Control
Regulations, R.61-92, Part 280
280.10 Applicability 280.11 Interim prohibition for deferred UST
systems 280.12 Definitions 280.20 Performance standards for new UST
systems 280.21 Upgrading of Existing UST systems 280.22
Notification requirements 280.23 New tanks - B permits required
280.24 Testing 280.25 Secondary containment required 280.30 Spill
and overfill control 280.31 Operation and maintenance of corrosion
protection 280.32 Compatibility 280.33 Repairs allowed 280.34
Reporting and recordkeeping 280.40 General requirements for all UST
systems 280.41 Requirements for petroleum UST systems 280.42
Requirements for hazardous substance UST systems 280.43 Methods of
release detection for tanks 280.44 Methods of release detection for
piping 280.45 Release detection recordkeeping 280.50 Reporting of
suspected releases 280.51 Investigation due to off-site impacts
280.52 Release investigation and confirmation steps 280.53
Reporting and cleanup of spills and overfills 280.60 General 280.61
Initial response 280.62 Initial abatement measures and site check
280.63 Initial site characterization 280.64 Free product removal
280.65 Investigations for soil and ground-water cleanup 280.66
Corrective action plan 280.67 Public participation 280.70 Temporary
closure 280.71 Permanent closure and changes-in-service 280.72
Assessing the site at closure or change-in-service and reporting
requirements 280.73 Applicability to previously closed UST systems
280.74 Closure records 280.90 Applicability 280.91 Compliance dates
280.92 Definition of terms 280.93 Amount and scope of required
financial responsibility 280.94 Allowable mechanisms and
combinations of mechanisms 280.95 Financial test of self-assurance
280.96 Guarantee 280.97 Insurance and risk retention group coverage
280.98 Surety Bond 280.99 Letter of credit 280.101 State
Underground Petroleum Environmental Response Bank (SUPERB) 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
mechanism by owner or operator 280.109 Cancellation or non-renewal
by a provider of financial assurance 280.110 Reporting by owner or
operator 280.111 Recordkeeping 280.112 Drawing on financial
assurance mechanisms 280.113 Release from requirements 280.114
Bankruptcy or other incapacity of owner or operator or provider of
financial assurance 280.115 Replenishment of guarantees, letters of
credit, or surety bonds 280.116 Suspension of enforcement
(reserved) 280.200 Definitions 280.210 Participation in management
280.220 Ownership of an underground storage tank or underground
storage tank system or facility or property on which an underground
storage tank or underground storage tank system is located 280.230
Operating an underground storage tank or underground storage tank
system South Dakota
(a) The statutory provisions include South Dakota Statutes
Annotated, Chapter 34A-2, Sections 98 and 99. Underground Storage
Tanks:
Section 98 Underground storage tanks - Definitions. Section 99
Underground storage tanks - Adoption of Rules - Violation.
(b) The regulatory provisions include State of South Dakota
Administrative Rules, Chapter 74:03:28, Underground Storage Tanks,
Department of Environment and Natural Resources, June 24, 1992:
Section 74:03:28:01 Definitions. Section 74:03:28:02 Performance
standards for new UST systems - General requirements. Section
74:03:28:03 Upgrading of existing UST systems - General
requirements and deadlines. Section 74:03:28:04 Notification
requirements for UST systems. Section 74:03:28:05 Spill and
overfill control. Section 74:03:28:06 Operation and maintenance of
cathodic protection. Section 74:03:28:07 Compatibility. Section
74:03:28:08 Repairs allowed - general requirements. Section
74:03:28:09 Maintenance and availability of records. Section
74:03:28:10 Release detection for all UST systems - general
requirements and deadlines. Section 74:03:28:11 Release detection
requirements for petroleum UST systems. Section 74:03:28:12 Release
detection requirements for pressure piping. Section 74:03:28:13
Recordkeeping. Section 74:03:28:14 Release notification plan.
Section 74:03:28:15 Reported of suspected releases. Section
74:03:28:16 Release investigation and confirmation. Section
74:03:28:17 Off-site impacts and source investigation. Section
74:03:28:18 General requirements for corrective action for releases
from UST systems. Section 74:03:28:19 Initial abatement
requirements and procedures for releases from UST systems. Section
74:03:28:20 Free product removal. Section 74:03:28:21 Additional
site investigation for releases from UST systems. Section
74:03:28:22 Soil and groundwater cleanup for releases from UST
systems. Section 74:03:28:23 Reporting of releases from UST
systems. Section 74:03:28:28 Reporting of hazardous substance
releases from UST systems. Section 74:03:28:29 Temporary removal
from use. Section 74:03:28:30 Temporary closure. Section
74:03:28:31 Permanent closure. Section 74:03:28:32 Postclosure
requirements. Section 74:03:29:01 Applicability. Section
74:03:29:23 Definitions. Section 74:03:29:24 Financial
responsibility rules. Tennessee
(a) The statutory provisions include:
1. Section 68-215-101 Short title 2. Section 68-215-102 Legislative
intent [Except § 68-215-102(a)(3) and except § 68-215-102(a)(5).]
3. Section 68-215-103 Definitions 4. Section 68-215-105 Minimum
requirements for tanks 5. Section 68-215-106 Notification as to
tanks in use and tanks taken out of operations [Except §
68-215-106(a)(6) and except § 68-215-106(c)(2).] 6. Section
68-215-107 Supervision, inspection, and enforcement
responsibilities [Except § 68-215-107(e) and except §
68-215-107(f)(9).] 7. Section 68-215-108 Proprietary information 8.
Section 68-215-118 Compliance by governmental entities 9. Section
68-215-123 Complaints - Hearings - Appeals 10. Section 68-215-124
Exemptions 11. Section 68-215-126 Preemption of local regulation -
Exception 12. Section 68-215-127 Exclusivity of provisions
(b) The regulatory provisions include:
1. Section .01 Program Scope and Minimum Requirements for Tanks
Section .01(1) Applicability Section .01(2) Minimum requirements
for tanks Section .01(3) Definitions 2. Section .02 UST Systems:
Design, Construction, Installation and Notification Section .02(1)
Performance standards for new UST systems Section .02(2) Upgrading
of existing UST systems Section .02(3) Notification requirements 3.
Section .03 General Operating Requirements Section .03(1) Spill and
overfill control Section .03(2) Operation and maintenance of
corrosion protection Section .03(3) Compatibility Section .03(4)
Repairs allowed Section .03(5) Reporting and recordkeeping 4.
Section .04 Release Detection Section .04(1) General requirements
for release detection Section .04(2) Requirements for petroleum UST
systems Section .04(3) Methods of release detection for tanks
Section .04(4) Methods of release detection for piping Section
.04(5) Release detection recordkeeping 5. Section .05 Release
Reporting, Investigation and Confirmation Section .05(1) Reporting
of suspected releases Section .05(2) Investigation due to off-site
impacts Section .05(3) Release investigation and confirmation steps
Section .05(4) Reporting and cleanup of spills and overfills 6.
Section .06 Release Response and Corrective Action for UST Systems
Containing Petroleum Section .06(1) General Section .06(2) Initial
response Section .06(3) Initial abatement measures and site check
Section .06(4) Initial site characterization Section .06(5) Free
products removal Section .06(6) Investigations for soil and ground
water cleanup Section .06(7) Corrective action plan Section .06(8)
Public participation 7. Section .07 Out-of-Service UST System and
Closure Section .07(1) Temporary closure Section .07(2) Permanent
closure and changes-in-service Section .07(3) Assessing the site at
closure or change-in-service Section .07(4) Applicability to
previously closed UST systems Section .07(5) Closure records 8.
Section .08 Financial Responsibility Section .08(1) Applicability
Section .08(2) Compliance dates Section .08(3) Definition of terms
Section .08(4) Amount and scope of required financial
responsibility Section .08(5) Allowable mechanisms and combinations
of mechanisms Section .08(6) Financial test of self-insurance
Section .08(7) Guarantee Section .08(8) Insurance and risk
retention group coverage Section .08(9) Surety bond Section .08(10)
Letter of credit Section .08(11) Petroleum underground storage tank
fund Section .08(12) Trust fund Section .08(13) Standby trust fund
Section .08(14) Substitution of financial assurance mechanisms by
owner or operator Section .08(15) Cancellation or nonrenewel by a
provider of financial assurance Section .08(16) Reporting by owner
or operator Section .08(17) Recordkeeping Section .08(18) Drawing
on financial assurance mechanisms Section .08(19) Release from
requirements Section .08(20) Bankruptcy or other incapacity of
owner or operator or provider of financial assurance Section
.08(21) Replenishment of guarantees, letters of credit, or surety
bonds Texas
(a) The regulatory provisions include:
1.
Texas Administrative Code, Title 30, Part I. Texas Commission
on Environmental Quality, Chapter 37 Financial Assurance, as
amended effective through May 31, 2018: Subchapter I. Financial
Assurance for Petroleum Underground Storage Tank Systems Section
37.801 Applicability Section 37.802 Definitions Section 37.815
Amount and Scope of Required Financial Assurance Section 37.820
Allowable Mechanisms and Combinations of Mechanisms Section 37.825
Financial Test of Self-Insurance Section 37.830 Guarantee Section
37.835 Insurance and Risk Retention Group Coverage Section 37.840
Surety Bond Section 37.845 Letter of Credit Section 37.850 Trust
Fund Section 37.855 Standby Trust Fund Section 37.860 Substitution
of Financial Assurance Mechanisms by Owner or Operator Section
37.865 Cancellation or Non-Renewal by a Provider of Financial
Assurance Section 37.867 Duty to Empty Tanks After Termination of
Financial Assurance Section 37.870 Reporting, Registration, and
Certification Section 37.875 Financial Assurance Recordkeeping
Section 37.880 Drawing on Financial Assurance Mechanisms Section
37.885 Release from the Requirements Section 37.890 Bankruptcy or
Other Incapacity of Owner or Operator or Provider of Financial
Assurance Section 37.895 Replenishment of Guarantees, Letters of
Credit or Surety Bonds 2. Texas Administrative Code, Title 30, Part
I. Texas Commission on Environmental Quality, Chapter 334
Underground and Aboveground Storage Tanks; effective May 31, 2018:
Subchapter A. General Provisions: >Section 334.1 “Purpose and
Applicability” Section 334.2 “Definitions” (except as they apply to
aboveground storage tanks (ASTs)) Section 334.3 “Exemptions for
Underground Storage Tanks (USTs) and UST Systems” Section 334.4
“Exclusions for Underground Storage Tanks (USTs) and UST Systems”
Section 334.5 “General Prohibitions for Underground Storage Tanks
(USTs) and UST Systems” Section 334.6 “Construction Notification
for Underground Storage Tanks (USTs) and UST Systems” Section 334.7
“Registration for Underground Storage Tanks (USTs) and UST Systems”
Section 334.8 “Certification for Underground Storage Tanks (USTs)
and UST Systems” Section 334.10 “Reporting and Recordkeeping”
Section 334.12 “Other General Provisions” Section 334.15 “Limits on
Liability of Lender” (except as it applies to aboveground storage
tanks (ASTs)) Section 334.16 “Limits on Liability of Corporate
Fiduciary” Section 334.18 “Limits on Liability of Taxing Unit”
(except as it applies to aboveground storage tanks (ASTs))
Subchapter C. Technical Standards: Section 334.41 “Applicability”
Section 334.42 “General Standards” Section 334.43 “Variances and
Alternative Procedures” Section 334.44 “Implementation Schedules”
Section 334.45 “Technical Standards for New Underground Storage
Tank Systems” Section 334.46 “Installation Standards for New
Underground Storage Tank Systems” Section 334.47 “Technical
Standards for Existing Underground Storage Tank Systems” Section
334.48 “General Operating and Management Requirements” Section
334.49 “Corrosion Protection” Section 334.50 “Release Detection”
Section 334.51 “Spill and Overfill Prevention and Control” Section
334.52 “Underground Storage Tank System Repairs and Relining”
Section 334.53 “Reuse of Used Tanks” Section 334.54 “Temporary
Removal from Service” Section 334. 55 “Permanent Removal from
Service” Section 334.56 “Change to Exempt or Excluded Status”
Subchapter D. Release Reporting and Corrective Action: Section
334.71 “Applicability and Deadlines” Section 334.72 “Reporting of
Suspected Releases” Section 334.73 “Investigation Due to Off-Site
Impacts” Section 334.74 “Release Investigation and Confirmation
Steps” Section 334.75 “Reporting and Cleanup of Surface Spills and
Overfills” Section 334.76 “Initial Response to Releases” Section
334.77 “Initial Abatement Measures and Site Check” Section 334.78
“Site Assessment” Section 334.79 “Removal of Non-Aqueous Phase
Liquids (NAPLs)” Section 334.80 “Investigation of Soil and
Groundwater Cleanup” Section 334.81 “Corrective Action Plan”
Section 334.84 “Corrective Action by the Agency” Section 334.85
“Management of Wastes” Subchapter J. Leaking Petroleum Storage Tank
Corrective Action Specialist Registration and Project Manager
Licensing: Section 334.451 “Applicability of Subchapter J” Section
334.454 “Exception for Emergency Abatement Actions” Section 334.455
“Notice to Owner or Operator” Subchapter N. Operator Training:
Section 334.601 “Purpose and Applicability” Section 334.602
“Designation and Training of Classes of Operators” Section 334.603
“Acceptable Operator Training and Certification Processes” Section
334.604 “Operator Training Deadlines” Section 334.605 “Operator
Training Frequency” Section 334.606 “Documentation of Operator
Training”
(b) Copies of the Texas UST regulations that are incorporated by
reference are available from Thomson Reuters, 610 Opperman Drive,
Eagan, MN 55123; Phone: 1-888-728-7677; website:
http://legalsolutions.thomsonreuters.com; or the Texas
Secretary of State office website at
https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=30&pt=1&ch=334.
Utah
(a) The statutory provisions include: Utah Code, Title
19: “Environmental Quality Code,” Chapter 1, “General
Provisions, Part 2, Powers,” (May 8, 1991) and Chapter 6,
“Hazardous Substances, Part 4, Underground Storage Tank Act” (May
8, 2018):
Section 19-1-203, Representatives of department authorized to
enter regulated premises.
Section 19-6-402, Definitions, except (3), (4), (8), (9), (11),
(14), (15), (20), (23) and (26).
Section 19-6-402.5, Retroactive effect.
Section 19-6-403, Powers and duties of board, except (1)(a)(i),
(1)(a)(vi) and (1)(a)(vii).
Section 19-6-404, Powers and duties of director, except 2(c),
2(f), 2(j) and 2(m).
Section 19-6-407, Underground storage tank registration - Change
of ownership or operation - civil penalty, except (2) and (3).
Section 19-6-413, Tank tightness test - Action required after
testing.
Section 19-6-420 Abatement actions - Corrective actions, except
(1) through (3)(b), (4)(a), (5)(b) and (c), (6), and 9(b).
(b) Administrative Rules of the State of Utah, Title 311
Environmental Quality, Environmental Response and Remediation, Utah
Administrative Code (April 1, 2018):
(1) Section R311-200-1, Underground Storage Tanks: Definitions,
except (b)(2), (b)(5), (b)(6), (b)(7), (b)(10), (b)(11), (b)(12),
(b)(13), (b)(20), (b)(22), (b)(28), (b)(34), (b)(38), (b)(44),
(b)(45), (b)(49), (b)(51), (b)(55), (b)(56), (b)(58), and
(b)(59).
Section R311-201-1, Underground Storage Tanks: Definitions,
except those definitions listed as excepted under R311-200-1.
Section R311-201-12, Underground Storage Tanks: Certification
Programs and UST Operator Training, UST Operator Training and
Registration, except (d)(2) and (f).
Section R311-202-1, Federal Underground Storage Tank
Regulations, Incorporation by reference, except (a), (b), (c), and
(d).
Section R311-203-1, Underground Storage Tanks: Technical
Standards, Definitions, except those definitions listed as excepted
under R311-200-1.
Section R311-203-2, Notification.
Section R311-203-3, New installations, permits, except (b), (c),
and (g).
Section R311-203-5, UST testing requirements.
Section R311-203-6, Secondary containment and under-dispenser
containment.
Section R311-203-7, Operator inspections.
Section R311-203-8, Unattended facilities.
Section R311-204-1, Underground Storage Tanks: Closure and
Remediation, Definitions, except those definitions listed as
excepted under R311-200-1.
Section R311-204-2, Underground Storage Tank Closure Plan.
Section R311-204-3, Disposal.
Section R311-204-4, Closure notice.
Section R311-205-1, Underground Storage Tanks: Site Assessment
Protocol, Definitions, except those definitions listed as excepted
under R311-200-1.
Section R311-205-2, Site assessment protocol.
Section R311-206-1, Underground Storage Tanks: Certificate of
Compliance and Financial Assurance Mechanisms, Definitions, except
those definitions listed as excepted under R311-200-1.
Section R311-206-2, Declaration of financial assurance
mechanisms, except (a)(1), (b), and (c).
Section R311-206-3, Requirements for issuance of certificates of
compliance, except (7) and (8).
Section R311-206-5, Requirements for owners and operators
demonstrating financial assurance by other methods, except (b) and
(b)(2).
Section R311-206-8, Delivery prohibition, except (a)(1) - (4)
and (f)(1)(A).
(c) Copies of the Utah regulations that are incorporated by
reference are available from the Utah's Office of Administrative
Rules, Office Coordinator, P.O. Box 141007, Salt Lake City, UT
84114-1007; Phone number: 801-538-3003; website:
https://rules.utah.gov/publications/utah-adm-code/.
Vermont
(a) The statutory provisions include Vermont Statutes Annotated,
1992, Chapter 59. Underground Liquid Storage Tanks:
Section 1921 Purpose. Section 1922 Definitions. Section 1923 Notice
of New or Existing Underground Storage Tank. Section 1924 Integrity
Report. Section 1925 Notice in Land Records. Section 1926 Unused
and Abandoned Tanks. Section 1927 Regulation of Category One Tanks.
Section 1928 Regulation of Large Farm and Residential Motor Fuel
Tanks. Section 1930 Implementation; Coordination. Section 1936
Licensure of Tank Inspectors. Section 1938 Underground Storage Tank
Trust Fund. Section 1939 Risk Retention Pool. Section 1940
Underground Storage Tank Incentive Program. Section 1941 Petroleum
Cleanup Fund. Section 1942 Petroleum Distributor Licensing Fee.
Section 1943 Petroleum Tank Assessment. Section 1944 Underground
Storage Tank Loan Assistance Program.
(b) The regulatory provisions include State of Vermont, Agency
of Natural Resources, Underground Storage Tank Regulations,
February 1, 1991:
(1) Subchapter 1: General. Section 8-101 Purpose. Section 8-102
Applicability. Section 8-103 Severability. (2) Subchapter 2:
Definitions. Section 8-201 Definitions. (3) Subchapter 3:
Notification and Permits. Section 8-301 Notification, except for
the following words in section 8-301(1), “Notification is also
required for any tank used exclusively for on-premises heating that
is greater than 1100 gallons in size.” Section 8-302 Permits.
Section 8-303 Financial Responsibility Requirements. Section 8-304
Petroleum Tank Assessment. Section 8-305 Innovative Technology. (4)
Subchapter 4: Minimum Standards for New and Replacements Tanks and
Piping. Section 8-401 General Requirements. Section 8-402 Tanks -
Design and Manufacturing Standards. Section 8-403 Tanks - Secondary
Containment. Section 8-404 Tanks - Release Detection. Section 8-405
Piping - Design and Construction. Section 8-406 Compatibility.
Section 8-407 Spill and Overfill Prevention Equipment. Section
8-408 Installation. (5) Subchapter 5: Minimum Operating Standards
for Existing Tanks and Piping. Section 8-501 General Requirements.
Section 8-502 Spill and Overfill Prevention. Section 8-503
Corrosion Protection of Metallic Components. Section 8-504 Release
Detection. Section 8-505 Compatibility. Section 8-506 Repairs. (6)
Subchapter 6: Reporting, Investigation, Corrective Action and UST
Closure. Section 8-601 General Requirement, except for the
following words, “Heating oil tanks greater than 1100 gallons
capacity used exclusively for on-premise heating purposes are
subject to the requirements for permanent closure in accordance
with subsection 8-605(2).” Section 8-602 Reporting. Section 8-603
Release Investigation and Confirmation. Section 8-604 Corrective
Action. Section 8-605 Closure of USTs. Appendix A Groundwater
Monitoring Requirements. Appendix B Inventory Monitoring
Procedures. Appendix C Procedures for Manual Tank Gauging. Appendix
D Installation Requirements Applicable to New and Replacement UST
Systems. Virginia
(a) The statutory provisions include:
(1) Code of Virginia, Title 62.1, Chapter 3.1: State Water Control
Law Article 9: Storage Tanks Section 62.1-44.34:8 Definitions,
except “Aboveground storage tank” and “Regulated substance” Section
62.1-44.34:9 Powers and duties of Board Article 10: Petroleum
Storage Tank Fund Section 62.1-44.34:10 Definitions, except
“Aboveground storage tank” and “Regulated substance” Section
62.1-44.34:11 Virginia Petroleum Storage Tank Fund Section
62.1-44.34:12 Financial responsibility
(b) The regulatory provisions include:
(1) Virginia Administrative Code, Title 9, Agency 25: State Water
Control Board, Chapter 580: Underground Storage Tanks - Technical
Standards and Corrective Action Requirements Part I: Definitions,
Applicability, and Interim Prohibition 9 VAC 25-580-10 Definitions,
except “Underground storage tank” includes heating oil tanks of
greater than 5,000 gallon capacity and “Regulated substance” 9 VAC
25-580-20 Applicability 9 VAC 25-580-30 Interim prohibition for
deferred UST systems 9 VAC 25-580-40 Permitting and inspection
requirements for all UST systems Part II: UST Systems: Design,
Construction, Installation, and Notification 9 VAC 25-580-50
Performance standards for new UST systems 9 VAC 25-580-60 Upgrading
of existing UST systems 9 VAC 25-580-70 Notification requirements 9
VAC 25-580-80 Spill and overfill control 9 VAC 25-580-90 Operation
and maintenance of corrosion protection 9 VAC 25-580-100
Compatibility 9 VAC 25-580-110 Repairs allowed Part III: General
Operating Requirements 9 VAC 25-580-120 Reporting and recordkeeping
Part IV: Release Detection 9 VAC 25-580-130 General requirements
for all petroleum and hazardous substance UST systems, except
heating oil tanks of greater than 5,000 gallon capacity 9 VAC
25-580-140 Requirements for petroleum UST systems 9 VAC 25-580-150
Requirements for hazardous substance UST systems 9 VAC 25-580-160
Methods of release detection for tanks 9 VAC 25-580-170 Methods of
release detection for piping 9 VAC 25-580-180 Release detection
recordkeeping Part V: Release Reporting, Investigation, and
Confirmation 9 VAC 25-580-190 Reporting of suspected releases 9 VAC
25-580-200 Investigation due to off-site impacts 9 VAC 25-580-210
Release investigation and confirmation steps 9 VAC 25-580-220
Reporting and cleanup of spills and overfills Part VI: Release
Response and Corrective Action for UST Systems Containing Petroleum
for Hazardous Substances 9 VAC 25-580-230 General 9 VAC 25-580-240
Initial response 9 VAC 25-580-250 Initial abatement measures and
site check 9 VAC 25-580-260 Site characterization 9 VAC 25-580-270
Free product removal 9 VAC 25-580-280 Corrective action plan 9 VAC
25-580-300 Public participation 9 VAC 25-580-310 Temporary closure
Part VII: Out-of-Service UST Systems and Closure 9 VAC 25-580-320
Permanent closure and changes-in-service 9 VAC 25-580-330 Assessing
the site at closure or change-in-service 9 VAC 25-580-340
Applicability to previously closed UST systems 9 VAC 25-580-350
Closure records Part VIII: Delegation 9 VAC 25-580-360 Delegation
of authority Appendix I: Virginia Underground Storage Tank
Notification Forms Appendix II: Statement for Shipping tickets and
Invoices (2) Virginia Administrative Code, Title 9, Agency 25:
State Water Control Board, Chapter 590: Petroleum Underground
Storage Tank Financial Responsibility Requirements 9 VAC 25-590-10
Definitions 9 VAC 25-590-20 Applicability 9 VAC 25-590-30
Compliance dates 9 VAC 25-590-40 Amount and scope of financial
responsibility requirement 9 VAC 25-590-50 Allowable mechanisms and
combinations of mechanisms 9 VAC 25-590-60 Financial test of
self-insurance 9 VAC 25-590-70 Guarantee 9 VAC 25-590-80 Insurance
and group self-insurance pool coverage 9 VAC 25-590-90 Surety bond
9 VAC 25-590-100 Letter of credit 9 VAC 25-590-110 Trust fund 9 VAC
25-590-120 Standby trust fund 9 VAC 25-590-130 Substitution of
financial assurance mechanisms by owner and operator 9 VAC
25-590-140 Cancellation or nonrenewal by a provider of financial
assurance 9 VAC 25-590-150 Reporting by owner or operator 9 VAC
25-590-160 Recordkeeping 9 VAC 25-590-170 Drawing on financial
assurance mechanism 9 VAC 25-590-180 Release from the requirements
9 VAC 25-590-190 Bankruptcy or other incapacity of owner, operator
or provider of financial assurance 9 VAC 25-590-200 Replenishment
of guarantees, letters of credit or surety bonds 9 VAC 25-590-210
Virginia Petroleum Storage Tank Fund 9 VAC 25-590-220 Notices to
the State Water Control Board 9 VAC 25-590-230 Delegation of
authority 9 VAC 25-590-240 Lender liability 9 VAC 25-590-250 Local
government financial responsibility demonstration 9 VAC 25-590-260
Word or phrase substitutions Appendix I: Letter from Chief
Financial Officer Appendix II: Guarantee Appendix III: Endorsement
Appendix IV: Certificate of Insurance Appendix V: Performance Bond
Appendix VI: Irrevocable Standby Letter of Credit Appendix VII:
Trust Agreement Appendix VIII: Certification of Acknowledgment
Appendix IX: Certification of Financial Responsibility Appendix X:
Certification of Valid Claim Appendix XI: Letter from Chief
Financial Officer (short form) West Virginia
(a) The statutory provisions include:
(1) Code of West Virginia, Chapter 22, Article 17: Underground
Storage Tank Act
Section 22-17-1 Short title Section 22-17-2 Declaration of policy
and purpose Section 22-17-3 Definitions Section 22-17-4 Designation
of division of environmental protection as the state underground
storage tank program lead agency Section 22-17-6 Promulgation of
rules and standards by director, except § 22.17-6.(b)(12) (except
as to installation) and (b)(13) Section 22-17-8 Notification
requirements Section 22-17-9 Registration requirements; undertaking
activities without registration Section 22-17-10 Financial
responsibility Section 22-17-11 Performance standards for new
underground storage tanks Section 22-17-12 Confidentiality, except
§ 22-17-12.(b) Section 22-17-14 Corrective action for underground
petroleum storage tanks Section 22-17-22 Underground storage tank
insurance fund
(b) The regulatory provisions include:
(1) West Virginia Code of State Regulations, Title 33: Waste
Management Rule, Series 30: Underground Storage Tanks
Section 33-30-1 General Section 33-30-2 Adoption of Federal
Regulations Section 33-30-3 Certification Requirements for
Individuals Who Install, Repair, Retrofit, Upgrade, Perform
Change-in-Service, Close or Tightness Test Underground Storage Tank
Systems or Install, Repair, Upgrade or Test Corrosion Protection on
Underground Storage Tank Systems (as to Individuals Who Install)
Section 33-30-4 Notification Requirements
Notification for Underground Storage Tanks, revised 2/2018
[58 FR 58625, Nov. 2, 1993] Editorial Note:For Federal Register
citations affecting appendix A to part 282, see the List of CFR
Sections Affected, which appears in the Finding Aids section of the
printed volume and at
www.govinfo.gov.